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City Council and Authorities Concurrent

Regular Meeting

Santa Clara, CA · August 24, 2021

Agenda

Agenda

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, August 24, 2021 3:30 PM Joint Council and Authorities Concurrent & Santa Clara Stadium Authority Meeting Virtual Meeting Closed Session 3:30 PM Open Session 5:30 PM 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. 3:30 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. 1.A 21-1099 Public Employee Performance Evaluation pursuant to Government Code Section 54957(b)(1) Title: City Attorney City of Santa Clara Page 1 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 1.B 21-1119 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8 Property: 630 Martin Avenue, APN: 224-35-014 City/Authority Negotiator: Deanna J. Santana, City Manager/Executive Director (or designee) Negotiating Party: D&R Miller Properties, LLC Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) 1.C 21-1128 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) Convene to Closed Session 5:30 PM COUNCIL REGULAR 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 STUDY SESSION City of Santa Clara Page 2 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 2. 21-942 Study Session on Homeless Encampments and Vehicle Dwelling facilitated by the Police Department Recommendation: The purpose of this report is to support a Study Session on this topic and to receive input from the City Council on further policy development. SPECIAL ORDER OF BUSINESS *Not to be heard before 6:30 PM 3.A 21-764 Proclamation of September 2021 as Community Preparedness Month 3.B 21-1110 Recognition of Outgoing Commissioners on the Board of Library Trustees, Cultural Commission, Historical and Landmarks Commission, Housing Rehabilitation Loan Committee and Parks and Recreation Commission 3.C 21-1144 Proclaim August 2021 as American Muslim Appreciation and Awareness Month 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.] 4.A 21-1130 Action on the Meeting Minutes of April 12 & April 13, 2021 City Council Special Meeting, April 20, 2021 Council and Authorities Concurrent & Special Stadium Authority, and April 21, 2021 City Council Special Meeting Recommendation: Approve the Meeting Minutes of: April 12, 2021 City Council Special Meeting April 13, 2021 City Council Special Meeting April 20, 2021 Council and Authorities Concurrent & Special Stadium Authority April 21, 2021 City Council Special Meeting City of Santa Clara Page 3 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.B 21-16 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: City/School Liaison Committee - May 5, 2021 Parks & Recreation Commission - June 15, 2021 Planning Commission - May 10, 2021 Bicycle and Pedestrian Advisory Committee - March 22, 2021 Cultural Commission - June 7, 2021 Senior Advisory Commission - June 28, 2021 Parks & Recreation Commission - July 20, 2021 Economic Development, Communications, and Marketing Committee Special Meeting Minutes - May 19, 2021 4.C 21-846 Action on Monthly Financial Status and Investment Reports for May 2021 Recommendation: Note and file the Monthly Financial Status and Investment Reports for May 2021 as Presented. 4.D 21-443 Actions on agreements associated with Battery Energy Storage System (BESS) Project at Santa Clara University (SCU), Authorizing City Manager to 1. Execute a Memorandum of Understanding (MOU) with SCU; 2. Negotiate and execute a Property Lease Agreement with SCU; 3. Execute BESS Sale and Purchase Agreement with Tesla, Inc. (Tesla) 4. Execute BESS Services Agreement with Tesla Recommendation: 1. Authorize the City Manager to execute a Memorandum of Understanding with Santa Clara University; 2. Authorize the City Manager to negotiate and execute a Lease Agreement with Santa Clara University; 3. Authorize the City Manager to execute a BESS Sales and Purchase Agreement with Tesla, Inc.; 4. Authorize the City Manager to execute a BESS Services Agreement with Tesla, Inc.; and 5. Authorize the City Manager to make minor changes to the agreements subject to approval by City Attorney. City of Santa Clara Page 4 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.E 21-627 Action on an Agreement with NUVIS Landscape Architecture, Inc. for Design Professional Services for the Central Park New Entrance, Access, and Parking Improvements Project Recommendation: 1. Approve and authorize the City Manager to execute an agreement for Design Professional Services with NUVIS Landscape Architecture, Inc. for the Central Park New Entrance, Access, and Parking Improvements Project in the amount not-to-exceed $148,305; and 2. Authorize the City Manager to make minor modifications to the agreement, if needed. 4.F 21-907 Action on Agreement with TMC Shooting Range Specialists, Inc. Recommendation: 1. Authorize the City Manager to execute an agreement with TMC Shooting Ranges Specialists, Inc. to provide lead remediation services for an initial term beginning on August 24, 2021 and ending on August 31, 2022, with maximum compensation not-to-exceed $60,220; and 2. Authorize the City Manager to execute up to four one-year options to extend the term of the agreement through August 31, 2026, subject to the appropriation of funds. 4.G 21-847 Action on a Bay Area Water Supply and Conservation Agency Participation Agreement for the WaterSmart Customer Engagement and Conservation Program Recommendation: Approve and authorize the City Manager to execute the Participation Agreement for the WaterSmart Customer Engagement and Conservation Program with Bay Area Water Supply and Conservation Agency (BAWSCA) for an initial term starting on or about July 1, 2021 and ending on June 30, 2024, at a cost of $337,205 subject to the appropriation of funds. City of Santa Clara Page 5 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.H 21-1036 Authorize the City Manager to: 1. Execute Amendment No. 1 to the Agreement for the Performance of Services with Nalco Company LLC extending the term through August 31, 2023; 2. Authorize the City Manager to make minor changes to the proposed amendment attached subject to approval by City Attorney; and 3. Add or delete services consistent with the scope of the agreement and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds. Recommendation: 1. Authorize the City Manager to execute Amendment No. 1 to the Agreement for the Performance of Services with Nalco Company, LLC to extend the term of the Agreement through August 31, 2023 and increase the maximum compensation to $900,000; 2. Authorize the City Manager to make minor changes to the proposed amendment attached subject to approval by City Attorney: and 3. Authorize the City Manager to add or delete services consistent with the scope of the agreements, and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds. 4.I 21-879 Action on Amendment No. 1 to the Agreement for Services with HouseKeys, Inc. for Administration Services for the Below Market Price Purchase Program Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement for Services with HouseKeys, Inc. to increase the Agreement’s not to exceed amount, from $581,250 to $701,250 for administration services for the Below-Market Purchase Program and to approve change orders and amendments during the initial term commencing on November 18, 2020 and ending on November 30, 2023, subject to the appropriation of funds; and 2. Approve the City of Santa Clara Below Market Purchase (BMP) Program Application Guide City of Santa Clara Page 6 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.J 21-762 Action on Amendment No. 2 to the Agreement with HSQ Technology for the MISER Supervisory Control and Data Acquisition (SCADA) System Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Agreement with HSQ Technology for the MISER Supervisory Control and Data Acquisition (SCADA) System to increase the amount of the agreement by $76,893 for a revised not-to-exceed maximum compensation of $574,481. City of Santa Clara Page 7 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.K 21-1033 Action on Amendment No. 2 to the Agreement with Moore Iacofano Goltsman, Inc. (MIG) for preparation of the Freedom Circle Focus Area Plan, Amendment No. 2 to Reimbursement Agreement with Freedom Circle Venture, LLC, and Related Budget Amendment Recommendation: 1. 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,” approve the FY 2021/22 budget amendment in the Prefunded Plan Review Fund to recognize developer contributions in the amount of $66,000 and establish an appropriation for the Freedom Circle Focus Area Plan in the amount of $66,000 (five affirmative council votes required to appropriate additional revenue); and 2. Authorize the City Manager to execute Amendment No. 2 to the Agreement with Moore Iacofano Goltsman (MIG) for professional services to prepare the Freedom Circle Focus Area Plan and related Environmental Review documents by increasing the amount of the agreement by $66,000 and extending the term of the agreement through December 31, 2022, for a revised not-to-exceed maximum compensation of $751,635, subject to the appropriation of funds; and 3. Authorize the City Manager to execute Amendment No. 2 to the Reimbursement Agreement with Freedom Circle Venture LLC. City of Santa Clara Page 8 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.L 21-1063 Action on Amendment No. 3 to the Agreement with Moore Iacofano Goltsman, Inc. (MIG) for preparation of the Patrick Henry Drive Specific Plan, Amendment No. 1 to Reimbursement Agreement with developers within the Plan Area, and related Budget Amendment Recommendation: 1. 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,” approve the FY 2021/22 budget amendment in 1) the Prefunded Plan Review Fund to recognize developer contributions in the amount of $271,150 and establish an appropriation for the Patrick Henry Drive Specific Plan in the amount of $271,150, and 2) the CIP Sewer Utility Construction Fund to recognize developer contributions in the amount of $240,000 and increase the Sanitary Sewer Hydraulic Modeling As Needed Support Project appropriation by $240,000 (five affirmative council votes required to appropriate additional revenue); 2. Authorize the City Manager to execute Amendment No. 3 to the Agreement with Moore Iacofano Goltsman (MIG) for professional services to prepare the Patrick Henry Drive Specific Plan and related Environmental Review documents by increasing the amount of the agreement by $166,000 and extending the term of the agreement through December 31, 2022, for a revised not-to-exceed maximum compensation of $1,183,623, subject to the appropriation of funds; and 3. Authorize the City Manager to execute Amendment No. 1 to the Reimbursement Agreement with the developers within the Plan Area. 4.M 21-763 Note and File the 2021 Evaluation Report of the Hazard Mitigation Plan Recommendation: Note and File the 2021 Evaluation Report of the Local Hazard Mitigation Plan. City of Santa Clara Page 9 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.N 21-890 Introduction of Ordinance to amend Chapter 2.120, entitled Boards and Commissions, to add the City’s Housing Commission and establish the powers, functions, and duties of the commission and Report and Update on the City’s Implementation of the Community Plan to End Homelessness Recommendation: Introduce an Ordinance to amend Chapter 2.120, entitled Boards and Commissions, to add the City’s Housing Commission and establish the powers, functions, and duties of the commission. 4.O 21-943 Action on a Request for a Special Permit to Allow Seasonal Pumpkin Patch and Christmas Tree Sales Events at 3590 Benton Street from September 17, 2021 through December 24, 2021 Recommendation: Approve the request of a Special Permit to allow for a seasonal Pumpkin Patch and Christmas Tree sales events at 3590 Benton Street from September 17, 2021 through December 24, 2021, subject to conditions. 4.P 21-944 Action on a Request for a Special Permit to Allow Seasonal Pumpkin Patch and Christmas Tree Sales Events at 2610 El Camino Real from September 17, 2021 through December 24, 2021. Recommendation: Approve the request of a Special Permit to allow for a Christmas Tree sales events at 2610 El Camino Real from September 17, 2021 through December 24, 2021, subject to conditions. City of Santa Clara Page 10 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.Q 21-984 Action to Approve an Office of Traffic Safety Selective Traffic Enforcement Program Grant and Related Budget Amendment Recommendation: 1. Approve the Office of Traffic Safety Selective Traffic Enforcement Program Grant; 2. 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,” approve the FY 2021/22 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $75,000 and establish a Selective Traffic Enforcement Program Grant appropriation in the amount of $75,000 ( five affirmative Council votes required to appropriate additional revenue); and 3. Authorize the Chief of Police, City Manager and Finance Director to sign the required grant-related documents. 4.R 21-988 Action on Designating a Voting Delegate and Alternates for the 2021 League of California Cities Annual Business Meeting Recommendation: Designate Mayor Lisa M. Gillmor to serve as the voting delegate, Councilmember Kathy Watanabe as the first alternate voting delegate, and Councilmember Kevin Park as the second alternate voting delegate, to represent the City of Santa Clara at the 2021 League of California Cities Annual Business Meeting. 4.S 21-770 Action on a Resolution Ordering the Vacation of an Emergency Vehicle Access Easement at 737 Mathew Street Recommendation: 1. Adopt a Resolution Ordering the Vacation of an Emergency Vehicle Access Easement at 737 Mathew Street [APN 224-40-012 (2020-21); SC 19,366]; and 2. Authorize the recordation of the Resolution. City of Santa Clara Page 11 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.T 21-993 Action on a Resolution Ordering the Vacation of an Underground Electric Easement and Emergency Access Easement at 2905 Stender Way. Recommendation: 1. Adopt a Resolution Ordering the Vacation of an Underground Electric Easement and Emergency Access Easement at 2905 Stender Way [APN 216-29-108 (2021-22); SC 19,362]; and 2. Authorize the recordation of the Resolution. 4.U 21-1062 Action on a Resolution Revising the Council and Authorities/Stadium Authority Regular Meeting Dates for the 2021 Calendar Year Recommendation: Adopt a Resolution revising the Council and Authorities/Stadium Authority regular meeting dates for the 2021 calendar year to reflect the following changes to the months of September and October: 1. Cancelation of the September 14, 2021 Council and Authorities regular meeting and September 21, 2021 Stadium Authority Meeting and set September 7, 2021 as a Joint Council and Authorities and Stadium Authority regular meeting and set 2. Cancelation of the October 5, 2021 Council and Authorities regular meeting and set September 19, 2021 as a Joint Council and Authorities and Stadium Authority regular meeting. 4.V 21-1095 Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2022 Recommendation: Set the 2022 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar. 4.W 21-1097 Action on Resignation of Senior Advisory Commissioner, Declare a Vacancy on the Senior Advisory Commission, and Set Process for Filling the Vacancy Recommendation: Accept the resignation of outgoing Commissioner Ana Segovia effective immediately; and invite back both applicants Jim Hohenshelt and Suresh Lokiah to be re-interviewed. City of Santa Clara Page 12 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 4.X 21-1104 Action on Agreement with Carl Warren & Company for General Liability Claims Adjusting and Administrative Services Recommendation: 1. Authorize the City Manager to execute an agreement with Carl Warren & Company for Liability Claims Adjusting and Administrative Services for an initial three-year term ending on or about August 18, 2024, and maximum compensation not to exceed $342,000 for up to 125 open claims, subject to the appropriation of funds; 2. Authorize the City Manager to compensate Carl Warren & Company a fixed price of $850 dollars per month for each open claim more than 125, subject to the appropriation of funds; 3. Authorize the City Manager to exercise two one-year options to extend the term of the Agreement, subject to the appropriation of funds; and 4. Authorize the Stadium Authority Executive Director to execute the Agreement with Carl Warren & Company, for Liability Claims Adjusting and Administrative Services. Santa Clara Stadium Authority Consent Calendar 5.A 21-964 Action on Stadium Authority Bills and Claims for the Month of May 2021 Recommendation: Approve the list of Stadium Authority Bills and Claims for May 2021. 5.B 21-992 Informational Report on Dates and Purpose of Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period April 1, 2021 to June 30, 2021 Recommendation: Note and file the quarterly report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the period of April 1, 2021 to June 30, 2021. 5.C Request from the Stadium Manager for Approval to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for CCTV Pop Up Trailers CapEx Project, Execute Agreement with Plexus Global LLC for Employment Background Screening Services and Agreements with ACCO Engineered Systems, Inc and O.C. McDonald Co., Inc. for Mechanical and Plumbing Maintenance and Repair Services City of Santa Clara Page 13 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 1. 21-1085 Request from the Stadium Manager for Approval to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for CCTV Pop Up Trailers CapEx Project, Execute Agreement with Plexus Global LLC for Employment Background Screening Services and Agreements with ACCO Engineered Systems, Inc and O.C. McDonald Co., Inc. for Mechanical and Plumbing Maintenance and Repair Services City of Santa Clara Page 14 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 2. 21-1127 Report from the Stadium Authority Regarding the Stadium Manager’s Request to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for CCTV Pop Up Trailers CapEx Project, Execute Agreement with Plexus Global LLC for Employment Background Screening Services and Agreements with ACCO Engineered Systems, Inc and O.C. McDonald Co., Inc. for Mechanical and Plumbing Maintenance and Repair Services Recommendation: 1. Approve the Stadium Manager’s request to award a purchase order to LRG Technologies, Inc. DBA Mobile Pro Systems to purchase four Mobile Pro Falcon 3100 trailers (CCTV Pop Up Trailer CapEx line item), in the amount of $209,702, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; 2. Approve the Stadium Manager’s request to execute an agreement with Plexus Global LLC for employee background screening services in an amount not to exceed $16,500 per contract year (for a total not to exceed amount of $49,500 over the initial three-year term), subject to budget appropriations for every contract year, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; 3. Approve the Stadium Manager’s request to execute an agreement with ACCO Engineered Systems, Inc. for mechanical and plumbing maintenance and repair services in an amount not to exceed $250,000 per contract year (for a total not to exceed amount of $750,000 over the initial three-year term), subject to budget appropriations for every contract year, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and 4. Approve the Stadium Manager’s request to execute an agreement with O.C. McDonald Co., Inc. for City of Santa Clara Page 15 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting mechanical and plumbing maintenance and repair services in an amount not to exceed $250,000 per contract year (for a total not to exceed amount of $750,000 over the initial three-year term), subject to budget appropriations for every contract year, and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager. 5.D Request from the Stadium Manager for Staffing Changes and Related Budget Amendment 1. 21-1091 Request from the Stadium Manager for Staffing Changes and Related Budget Amendment City of Santa Clara Page 16 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 2. 21-1109 Report from the Stadium Authority Regarding the Stadium Manager’s Request for Staffing Changes and Related Budget Amendment Recommendation: 1. Approve the Stadium Manager’s request to add a Director of Procurement position, subject to guarantee from the Stadium Manager that Board approved public works/CapEx projects will be implemented, compliance with all applicable legal procurement requirements, direct the Stadium Manager to provide the costs of the approved staffing changes, and submit the Board directed procurement plan/schedule; 2. Approve the Stadium Manager’s request to fill a budgeted Accounting Manager and budgeted Staff Accountant position during FY 2021/22 Q2 instead of Q4, and direct the Stadium Manager to provide the costs of the approved staffing changes with guarantee that these resources are not being used for the clean-up accounting activity that the Stadium Manager has underway which should have always been completed; 3. Delegate authority to the Executive Director to approve a budget amendment for the Stadium Authority Board approved positions based on a future review of salaries and benefits costs with the Stadium Manager; and 4. Direct staff to report back on a competitive process to contract with an independent professional event-booking contractor instead of funding additional 49ers organization employees for booking Non-NFL events. 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 City of Santa Clara Page 17 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 2021 Meeting 6. 21-1145 Action on a Written Petition (Council Policy 030) submitted by Leonne (Lee) Broughman on July 12, 2021 to add an agenda item to a future date about Censure/Admonishment of Councilmember Park (Continued from August 17, 2021) Recommendation: Staff makes no recommendation. 7. 21-1111 Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 630 Martin Avenue, Santa Clara, California, from D&R Miller Properties, LLC Recommendation: Alternative 1: Adopt a Resolution of Necessity to Acquire Certain Real Property Interests on 630 Martin Avenue, Santa Clara, California, from D&R Miller Properties, LLC. (Five affirmative votes required [California Code of Civil Procedure section 1245.245]). REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 21-1148 Update on City Council and Stadium Authority Staff Referrals ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, September 7, 2021. MEETING DISCLOSURES City of Santa Clara Page 18 of 19 Printed on 8/19/2021 Council and Authorities Concurrent Meeting Agenda August 24, 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); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) 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 19 of 19 Printed on 8/19/2021

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