City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, March 16, 2021 4:00 PM Stadium Authority & Special Council & Authorities Concurrent Meeting - Virtual Meeting Pursuant to the provisions of California Governor’s Executive Order N-29-20, issued on March 17, 2020, to prevent the spread of COVID-19, the City of Santa Clara has implemented methods for the public to participate remotely: • Via Zoom: o https://santaclaraca.zoom.us/j/99706759306 Meeting ID: 997-0675-9306 or o Phone: 1(669) 900-6833 • Via the City’s eComment (now available during the meeting) • Via email to PublicComment@santaclaraca.gov As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page. NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, the Governing Board of the Sports and Open Space Authority, the Governing Board of the City of Santa Clara Housing Authority, to commence and convene a virtual meeting on March 16, 2021, at 4:00 pm for a Special Meeting to consider the following matter(s) and to potentially take action with respect to them. 4:00 PM CLOSED SESSION Call to Order Roll Call Public Comment The public may provide comments regarding the Closed Session item (s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public. City of Santa Clara Page 1 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting 1.A 21-367 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) City of Santa Clara v. Yumori Kaku, et al., California Sixth District Court of Appeal Case No. H046105 1.B 21-436 Conference with Legal Counsel-Existing Litigation (SA) Pursuant to Gov. Code § 54956.9(d)(1) Santa Clara Stadium Authority v. All Persons Interested in the Matter of the validity of Santa Clara Stadium Authority’s Adoption of its “Fiscal Year 2020/21 Operating, Debt Service, and Capital Budget, including Funding Shared Stadium Manager Expenses at $3,045,000 and a Legal Contingency at $9,231,000,” as Santa Clara Stadium Authority’s current fiscal year 2020/21 budget, Santa Clara County Superior Court Case No. 20CV366845 1.C 21-437 Conference with Legal Counsel-Existing Litigation (SA) Pursuant to Gov’t Code § 54956.9(d)(1) Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Demand for Arbitration through JAMS (ref. no. 1110024318), 06/14/2019 1.D 21-438 Conference with Legal Counsel-Existing Litigation (SA) Pursuant to Gov’t Code § 54956.9(d)(1) Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Demand for Arbitration through JAMS, 07/26/2019 1.E 21-439 Conference with Legal Counsel-Existing Litigation (SA) Pursuant to Gov. Code § 54956.9(d)(1) Forty Niners Stadium Management Company LLC and Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority, et al., Santa Clara County Superior Court Case No. 17CV304903 and 19CV355432 (consolidated under lead case 17CV304903) City of Santa Clara Page 2 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting 1.F 21-441 Conference with Labor Negotiators (CC) Pursuant to Gov. Code § 54957.6 City representative: Deanna J. Santana, City Manager (or designee) Employee Organization(s): Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer’s Association Unit #3-IBEW Local 1245 (International Brotherhood of Electrical Workers) Unit #4-City of Santa Clara Professional Engineers Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees) Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees Unit #9B-Unclassified Fire Management Employees Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association) 1.G 21-454 Conference with legal counsel - Existing litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Santa Clara Police Officers Association v. City of Santa Clara, California Public Employment Relations Board, case number SF-CE-1862-M Convene to Closed Session 5:30 PM STADIUM AUTHORITY/SPECIAL COUNCIL MEETING *Open Session to be heard at 5:30 PM or shortly thereafter Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS 2. 21-418 Update on Rescheduling of the Public Hearing Originally Set for March 16, 2021 to Consider the Proposed Santa Clara Stadium Authority Fiscal Year 2021/22 Budget, Stadium Operation and Maintenance Plan, and 2021 Marketing Plan has been Rescheduled to a New Hearing Date for March 23, 2021 City of Santa Clara Page 3 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting SPECIAL ORDER OF BUSINESS 3. 21-424 Verbal Report from City Manager regarding COVID-19 Pandemic STUDY SESSION 4. 21-1146 El Camino Real Specific Plan Study Session on the Draft Plan CONSENT CALENDAR [Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.] 5.A 21-49 Action on Bills and Claims Report (CC, HA, SA, SOSA) for the period December 19th, 2020 - February 19th, 2021 Recommendation: Approve the list of Bills and Claims for December 19, 2020 - February 19, 2021. 5.B 21-1006 Action on a Resolution Ordering the Vacation of a Portion of a Water Utility Easement at 2841 Scott Boulevard Recommendation: 1. Adopt a Resolution Ordering the Vacation of a Portion of a Water Utility Easement at 2841 Scott Boulevard [APN 224-07-121 (2020-21); SC 19,342]; and 2. Authorize the recordation of the Resolution. 5.C 21-139 Action on an Agreement and Covenant Running with the Land to Allow Private Improvements within the Public Right-of-Way at 3200 Coronado Drive Recommendation: 1. Approve and authorize the City Manager to execute the Agreement and Covenant Running with the Land allowing the installation and maintenance of private improvements within the public right-of-way at 3200 Coronado Drive [APN 216-46-003 SC 19,271]; 2. Authorize the City Manager to make minor, non-substantive modifications to the Agreement, if necessary; and 3. Authorize the recordation thereof. City of Santa Clara Page 4 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting 5.D 21-140 Action on the Santa Clara Convention Center FY 2020/21 2nd Quarter Financial Status Report Recommendation: Note and file the Santa Clara Convention Center Financial Status Report for the second quarter ended December 31, 2020, as submitted by Spectra. 5.E 21-207 Action on a Resolution Approving Purchase and Sale Agreements for Electric Utility Easements on the South Loop Reconfigure Project; 2555 Lafayette Street, 651 Martin Avenue, and 851 Martin Avenue Recommendation: 1. Adopt the Resolution approving the purchases of overhead electric easements at 2555 Lafayette Street [224-04-088], 651 Martin Avenue [224-04-071], and 851 Martin Avenue [224-04-090]; and 2. Authorize the recordation thereof. 5.F 21-382 Approval to participate in a Data Management Master Services Agreement with Ebix Inc. to provide all systems and services necessary to maintain insurance certificate compliance for all City contractors and vendor accounts. Recommendation: Authorize the City Manager to participate in the EIA Master Services Agreement, between EIA and Ebix for insurance certificate compliance management services, and execute the required paperwork for the City’s participation in the MSA, subject to the appropriation of funds. City of Santa Clara Page 5 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting 5.G 21-286 Action on Monthly Financial Status and Investment Reports for January 2021 and Approve Related Budget Amendments Recommendation: Note and file the Monthly Financial Status and Investment Reports for January 2021 as Presented and Approve Related Budget Amendments in various funds requiring five affirmative votes and consistent with City Charter Section 1305, “At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” as noted for each individual item in Attachment 3. 5.H 21-423 Informational Report on COVID-19 Legislative Updates from Townsend Public Affairs for February 8 - March 7, 2021 Recommendation: Note and file the Informational Report on COVID-19 Legislative Updates from Townsend Public Affairs for February 8 - March 7, 2021. STADIUM AUTHORITY CONSENT CALENDAR ITEMS 5.I 21-390 Action on Stadium Authority Bills and Claims for the Month of February 2021 Recommendation: Approve the list of Stadium Authority Bills and Claims for February 2021. 5.J 21-263 Informational Report on Dates and Purpose of Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period October 1, 2020 to December 31, 2020 Recommendation: Note and file the quarterly report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the period of October 1, 2020 to December 31, 2020. City of Santa Clara Page 6 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting 5.K 21-354 Note and File an Informational Report on Stadium Authority Contracts for Fiscal Year 2020/21 per Santa Clara City Code Chapter 17.30 Stadium Authority Procurement Policy Recommendation: Note and file the Informational Report on Stadium Authority Contracts for Fiscal Year 2020/21. PUBLIC PRESENTATIONS [This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.] CONSENT ITEMS PULLED FOR DISCUSSION PUBLIC HEARING/GENERAL BUSINESS 6. 21-209 Action on a Resolution Endorsing the Santa Clara County Community Plan to End Homelessness 2020-2025 Recommendation: Adopt a Resolution Endorsing the Santa Clara County Community Plan to End Homelessness 2020-2025. 7. 21-165 Action on Resolution for an Exception to the 180 Day Waiting Period To Appoint A Retired Annuitant Kenneth Kohtz To Serve as Temporary Extra Help in the Electric Department (Government Code Sections 7522.56 and 21224) Recommendation: Adopt the attached Resolution for an Exception to the 180 Day Waiting Period To Appoint A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224). 8. 21-203 Discussion on Consideration of the Sale of the Loyalton Ranch Property Recommendation: Staff has no recommendation and is seeking Council direction. City of Santa Clara Page 7 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting 9. 21-253 Action on the Appeal of the Development Review Hearing Adoption of a Mitigated Negative Declaration and Architectural Approval of a Data Center Project Located at 1111 Comstock Street Recommendation: Alternatives 1 and 2: 1. Adopt a resolution to deny the appeal and uphold the Development Review Hearing adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and 2. Adopt a resolution to deny the appeal and uphold the Development Review Hearing architectural approval of the data center project located at 1111 Comstock Street, subject to conditions. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, March 23, 2021. MEETING DISCLOSURES City of Santa Clara Page 8 of 9 Printed on 3/11/2021 Council and Authorities Concurrent Meeting Agenda March 16, 2021 Meeting The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies. AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting. Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body. LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA) Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library. If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials. Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event. City of Santa Clara Page 9 of 9 Printed on 3/11/2021