City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, September 28, 2021 4:30 PM Virtual Meeting Closed Session 4:30 PM Open Session 7:00 PM Pursuant to the provisions of California Governor’s Executive Order N-08-21, issued on June 11, 2021, 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. 4:30 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 21-1287 Public Employee Appointment (Government Code Section 54954, subd. (e)) Title: Interim City Attorney 1.B 21-927 Threat to Public Services or Facilities (CC, SA) Pursuant to Gov. Code § 54957(a) Consultation with: Assistant Police Chief, Santa Clara Police Department City of Santa Clara Page 1 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 1.C 21-2259 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 21-1316 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Omar Gomez v. City of Santa Clara, et al., United States District Court, Northern District of California Case No. 5:19-cv-05266-LHK Convene to Closed Session 7:00 PM JOINT COUNCIL/STADIUM MEETING Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS STUDY SESSION 2. 21-1070 Acceptance of the Preferred Framework Plan for the Downtown Precise Plan. Recommendation: Accept the Preferred Framework Plan for the Downtown Precise Plan. Alternative: Do not accept the Preferred Framework Plan for the Downtown Precise Plan and direct staff to make modifications. SPECIAL ORDER OF BUSINESS 3.A 21-173 Task Force on Diversity, Equity, and Inclusion Update (July-September 2021) 3.B 21-1178 Recognition of Local Student Samaira Mehta 3.C 21-21314 Verbal Report from City Manager regarding COVID-19 Pandemic City of Santa Clara Page 2 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 3.D 21-21315 Verbal Report Update from City Manager Regarding the Local Drought Emergency 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 21-876 Action on June 8, 2021 Joint Council and Authorities Concurrent & Stadium Authority Meeting, June 10, 2021 (Adjourned from June 8, 2021) Joint Council & Authorities Concurrent & Stadium Authority Meeting, June 15, 2021 City Council Special Meeting, and June 22, 2021 Council and Authorities Concurrent Meeting Minutes Recommendation: Approve the Meeting Minutes of: June 8, 2021 Joint Council and Authorities Concurrent & Stadium Authority Meeting June 10, 2021 (Adjourned from June 8, 2021) Joint Council & Authorities Concurrent & Stadium Authority Meeting June 15, 2021 City Council Special Meeting June 22, 2021 Council and Authorities Concurrent Meeting Minutes 4.B 21-19 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Historical and Landmarks Commission - July 1, 2021 Board of Library Trustees - May 3, 2021 Board of Library Trustees - June 10, 2021 Board of Library Trustees - August 2, 2021 Audit Committee - March 11, 2021 Task Force on Diversity, Equity, and Inclusion - July 12, 2021 Task Force on Diversity, Equity, and Inclusion - August 9, 2021 4.C 21-963 Action on Monthly Investment Report for June 2021 Recommendation: Note and file the Monthly Investment Report for June 2021 as presented. City of Santa Clara Page 3 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 4.D 21-941 Overview of the City Auditor’s Office Semi-Annual Status Report as of June 30, 2021 Recommendation: Note and file the City Auditor’s Office Semi-Annual Status Report as of June 30, 2021 as recommended by the Council Audit Committee. 4.E 21-871 Action on Silicon Valley Power Three-Year System Growth Plan Strategy, Related Budget Amendment (Five Affirmative Votes Required), and Addition of New Positions Recommendation: 1. Accept a report on the Three-Year Growth Plan Strategy; 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 following FY 2021/22 budget amendments: A. In the Electric Utility Operating Fund, increase the transfer to the General Fund by $250,000 and the Electric Department budget by $1,350,000 and decrease the unrestricted ending fund balance by $1,600,000 ( five affirmative Council votes required for the use of unused balances); and B. In the General Fund, increase the transfer in from the Electric Utility Operating Fund by $250,000 and the Finance Department budget by $250,000. (five affirmative Council votes required to appropriate additional revenue); and 3. Approve the addition of one (1) Principal Electric Utility Engineer, one (1) Senior Electric Utility Engineer, two (2) Service Coordinators or equivalent, one (1) Senior Business Analyst or similar position in the Electric Department, and (1) Contracts Manager in the Purchasing Division of the Finance Department. City of Santa Clara Page 4 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 4.F 21-1196 Action on an Agreement for Services with Power Systems Professionals, Inc. dba Power Pros for As-Needed Electric Equipment Repair, Maintenance, and Testing Services Recommendation: 1. Authorize the City Manager to execute an Agreement for Services with Power Systems Professionals, Inc., doing business as Power Pros to provide as-needed electric equipment repair, maintenance, and testing services, for a term starting on or about October 1, 2021 and ending on September 30, 2026 for total maximum compensation not-to-exceed $3,500,000 during the initial five-year term, subject to the appropriation of funds; 2. Authorize the City Manager to make minor changes to the proposed agreement subject to approval by the City Attorney as to form; 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; 4. Authorize the City Manager to execute up to five one-year options to extend the term of the Agreement after the initial five-year term, ending September 30, 2031, for a total of ten years assuming all options are exercised and subject to the appropriation of funds; and 5. Authorize the City Manager to take actions to add or delete services consistent with the scopes of the agreements, and allow future rate adjustments subject to request and justification by contractor, approval by the City, and the appropriation of funds. City of Santa Clara Page 5 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 4.G 21-1039 Action on Amendments to Agreements with Hulberg and Associates, Inc. DBA Valbridge Property Advisors for Property Appraisal Services and Altamont Ranch Grazing Lease with Joseph R. Paulo Recommendation: Authorize the City Manager to: 1. Execute Amendment No. 2 to the Agreement for Services between the City of Santa Clara, California and Hulberg and Associates, Inc. DBA Valbridge Property Advisors; 2. Execute Amendment No. 1 to the Grazing Lease by and between the City of Santa Clara, California and Joseph R. Paulo, an Individual for a Portion of the Property Known as the Altamont Ranch, Alameda County, California; 3. Make minor changes to the attached proposed amendments subject to approval by the City Attorney as to form; and 4. 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. City of Santa Clara Page 6 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 4.H 21-415 Action on Agreement with US Digital Designs for a Fire Station Alerting System Recommendation: 1. Authorize the City Manager to negotiate and execute an Agreement with US Digital Designs, Inc. to provide services for the purchase, installation and implementation of a fire station alerting system for an initial five-year term beginning on or about September 28, 2021 and ending on or about September 30, 2026 with maximum compensation not-to-exceed $665,167.54 and subject to the appropriation of funds; 2. Authorize the City Manager to execute amendments to the Agreement up to $67,000 for contingencies in the event there are unanticipated changes during the initial term of the Agreement, subject to the appropriation of funds; and 3. Authorize the City Manager to extend the term of the Agreement for five additional years ending on or about September 30, 2031, at a cost of up to $40,000 annually for Years 6 through 10. These ongoing costs will be factored into the General Fund Operating Budget for the Fire Department and subject to the appropriation of funds. City of Santa Clara Page 7 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 4.I 21-1214 Action on Resolution Authorizing an Agreement with Eugene Burger Management Corporation for Property Management Services of City-Owned Commercial Properties Located at 900 and 1000 Lafayette Street, and Authority for the City Manager to Negotiate and Execute Leases at 900 and 1000 Lafayette Street; and Associated Budget Amendment Recommendation: 1. Adopt a Resolution to authorize the City Manager to do the following: A. Negotiate and execute an Agreement with Eugene Burger Management Corporation (EBMC) to provide property management services for an initial two-year term beginning on or about September 28, 2021 and ending on or about September 30, 2023 with maximum compensation not-to-exceed $366,784 and subject to the appropriation of funds; B. Execute amendments to the Agreement with EBMC, not to exceed $33,344, for contingencies in the event there are unanticipated changes during the initial term of the Agreement, subject to the appropriation of funds; C. Execute three one-year options to extend the term of the Agreement with EBMC after the initial term ending on September 30, 2026 if all options are exercised, subject to the appropriation of funds; D. Execute amendments to each of the agreements to add funds as required in the event revenues collected exceed staff’s estimates, subject to the appropriation of funds; E. Negotiate and execute assignment and assumption agreements, commercial leases and related amendments for the commercial spaces at 900 and 1000 Lafayette Street for a term not to exceed 2 years on a form agreement subject to the approval of the City Attorney; and 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 City of Santa Clara Page 8 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 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 a FY 2021/22 budget amendment in the General Fund to recognize rent revenue in the amount of $182,300 and increase the City Manager’s Office appropriation by $182,300 (five affirmative Council votes required to appropriate additional revenue). 4.J 21-1216 Action on a Resolution Approving the Purchase and Sale Agreement for Electric Utility Easement on the South Loop Reconfigure Project Recommendation: 1. Adopt the Resolution approving the purchases of overhead electric easements at 960 Central Expressway [APN 224-07-099]; and 2. Authorize the recordation thereof. 4.K 21-21309 Action on the First Amendment to the Contract with Management Partners, Inc. for Facilitation of the City Attorney Evaluation Recommendation: Approve and authorize the Mayor to execute an Amendment No. 1 to the Agreement, increasing compensation by $1,000, with Management Partners, Inc. for Consultant Services related to the Facilitation of the Evaluation for the City Attorney. 4.L 21-1004 Action on Amendment No. 2 to the Agreement with Woodard and Curran, Inc. for Sanitary Sewer Hydraulic Modeling As-Needed Support Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement for Design Professional Services with Woodard and Curran, Inc. for Sanitary Sewer Hydraulic Modeling As-Needed Support in the amount of $237,386 and to extend the term of the agreement through June 30, 2023 for a revised not-to-exceed maximum compensation amount of $1,211,022; and 2. Authorize the City Manager to make minor modifications to the Agreement, if necessary. City of Santa Clara Page 9 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 4.M 21-1132 Report on Actions Taken During City Council Recess from July 14, 2021 to August 16, 2021 Recommendation: Note and file the Report on Actions Taken During City Council Recess from July 14, 2021 to August 16, 2021. 4.N 21-2175 Action on 2021 Q2 Legislative Update Recommendation: Note and file the 2021 Q2 Legislative Update. 4.O 21-1133 Resolution Increasing the Transient Occupancy Tax Rate from 9.5% to 11.5% effective January 1, 2022; and Introduction of an Ordinance Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate Recommendation: 1. Approve a resolution increasing the Transient Occupancy Tax rate from 9.5% to 11.5% effective January 1, 2022; and 2. Approve the introduction of an ordinance amending section 3.25.030 of the Santa Clara City Code to reflect the increase in the Transient Occupancy Tax rate. 4.P 21-1185 Action on Authorizing the City Manager to Sign Notice of Option Letters and a Continued Use License Agreement with Park Central Apartments L.P. (Prometheus) for the Franklin and Washington Street Right-of-Way Easement Acquisition Recommendation: Authorize the City Manager to Sign Notice of Option Letters and a Continued Use License Agreement with Park Central Apartments L.P. (Prometheus) for the Franklin and Washington Street Right-of-Way Easement Acquisition. 4.Q 21-1188 Action on a Resolution Approving the 2022 Planning Commission Calendar of Meetings Recommendation: Adopt a Resolution approving the 2022 Planning Commission Calendar of Meetings. City of Santa Clara Page 10 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 4.R 21-1035 Action on a Resolution Authorizing the Submittal of Grant Applications for the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program and Authorizing the City Manager, Assistant City Manager, and Director of Public Works, each individually, to Execute All Grant Documents Necessary to Secure Grant Funds and Implement Approved Grant Projects for Five Years Recommendation: 1. Adopt a Resolution Authorizing the Submittal of Grant Applications for the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program and Authorizing the City Manager, Assistant City Manager, and Director of Public Works, each individually, to Execute All Grant Documents Necessary to Secure Grant Funds and Implement Approved Grant Projects for Five Years. 4.S 21-2251 Action on Resignation of Cultural Commissioner Sulcer, Declare a Vacancy on the Cultural Commission, and Appoint from the Council Approved Eligibility List Recommendation: Accept the resignation of outgoing Commissioner Teresa Sulcer effective immediately; declare the Cultural Commission vacancy; and appoint Siddarth Sundaram from the approved eligibility list to fill the partial-term ending June 30, 2023. 4.T 21-1271 Action on a Resolution Approving the 2022 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission Recommendation: Adopt a Resolution approving the 2022 Civil Service Commission Calendar of Meetings, and setting the number and start time of regular Civil Service Commission meetings. 4.U 21-1284 Action on the Adoption of Ordinance No. 2032 Approving the City Plaza Park Schematic Design Update in Accordance with City Charter Section 714.1 Recommendation: 1. Adoption of Ordinance No. 2032 Approving the City Plaza Park Schematic Design Update in Accordance with City Charter Section 714.1. City of Santa Clara Page 11 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 5.A 21-9182 Report on the Audited Santa Clara Stadium Authority Fiscal Year 2020/21 Annual Financial Statements Recommendation: Note and file the Santa Clara Stadium Authority Fiscal Year 2020/21 Annual Financial Statements. 5.B 21-936 Action on the Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2021 Recommendation: 1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2021; 2. Authorize the Executive Director to pay the Stadium Manager for the FY2020/21 Non-NFL Event loss after the review of adequate documentation for costs; and 3. Authorize the Executive Director to transfer $1,139,477 from the Stadium Authority to the City of Santa Clara for unpaid FY2019/20 Public Safety invoices related to Non-NFL Events to maintain compliance with Measure J. 5.C Request from the Stadium Manager to Award Purchase Orders to Cvent for Event Diagram Software Subscription Services, Palace Business Solutions for Security and Life Safety Partitions/Dividers CapEx Project, and Kelly-Moore Paints and Sherwin Williams Paints for Brand Paints and Related Supplies A. 21-1277 Request from the Stadium Manager to Award Purchase Orders to Cvent for Event Diagram Software Subscription Services, Palace Business Solutions for Security and Life Safety Partitions/Dividers CapEx Project, and Kelly-Moore Paints and Sherwin Williams Paints for Brand Paints and Related Supplies City of Santa Clara Page 12 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting B. 21-1276 Report from the Stadium Authority Regarding the Stadium Manager’s Request to Award Purchase Orders to Cvent for Event Diagram Software Subscription Services, Palace Business Solutions for Security and Life Safety Partitions/Dividers CapEx Project, and Kelly-Moore Paints and Sherwin Williams Paints for Brand Paints and Related Supplies Recommendation: 1. Approve the Stadium Manager’s request to award a purchase order to Cvent, with the vendor’s additional confidential terms and conditions, to purchase event diagram software subscription services, in the amount of $26,594 over the initial three-year term, subject to budget appropriations for every fiscal 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; 2. Approve the Stadium Manager’s request to award a purchase order to Palace Business Solutions for security partitions (Security and Life Safety Partitions/Dividers CapEx line item), in the amount of $69,459, 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 award a purchase order to Kelly-Moore Paints for brand paint and related supplies in an amount not to exceed $50,000 per fiscal year (for a total not to exceed amount of $200,000 over the initial three-year term which spans over four fiscal years), subject to budget appropriations for every fiscal 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 award a purchase order to Sherwin Williams Paint for brand paint and related supplies in an amount not to exceed $50,000 per fiscal year (for a total not to exceed amount of $200,000 over the initial three-year term which spans over four fiscal years), subject to budget appropriations for every fiscal City of Santa Clara Page 13 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 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. 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. 21-1072 Public Hearing: 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) Recommendation: 1. Approve the 2020-2021 Consolidated Annual Performance and Evaluation Report (CAPER) (Attachment 1) and authorize the City Manager, or her designee, to execute the documents for submission to the U.S. Department of Housing and Urban Development (HUD) by September 30, 2021 unless otherwise directed by HUD. 2. Direct staff to incorporate all public comments into the final version to be submitted to HUD on or before September 30, 2021. City of Santa Clara Page 14 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 7. 21-1048 Direction to Staff on Alternatives for Revisions to the El Camino Real Specific Plan; Possible Action on the Consultant Contract with Rami & Associates and budget amendment for Revisions to the El Camino Real Specific Plan Recommendation: 1. Direct staff to proceed with either: Alternative 1: Direct staff to conduct additional planning work to revise the draft Specific Plan per City Council direction. Authorize the City Manager to execute an agreement with Rami & Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for an initial three-year term ending September 30, 2024, for a maximum compensation not to exceed $750,000, subject to the annual appropriation of funds. Approve the related budget amendment recognizing appropriations of an additional $900,000 in FY 2021/22 General Fund account to support consultant work and the use of contract planning staff. Upon completion of the revised Specific Plan, staff will return to the City Council for adoption of the project Water Supply Assessment, project EIR, a modified Specific Plan, General Plan amendments, and a resolution to remove on-street parking for the El Camino Real corridor. Direct staff to bring forward budget amendments at a future date or Alternative 2: Direct staff to create two new zoning districts with objective design standards that align with the existing General Plan land use designations for the El Camino Real corridor and to prepare an El Camino Real Infrastructure Plan/Streetscape Plan for the creation of bicycle lanes along the corridor. . Authorize the City Manager to execute an agreement with Rami & Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for a one-year term ending September 30, 2022, for a maximum compensation not to exceed $50,000, subject to the annual appropriation of funds. Approve the related budget amendment recognizing appropriations of an additional $50,000 in FY 2021/22 General Fund Staff will return to City Council for adoption of zoning districts, a resolution to remove on-street parking for the El Camino Real corridor, and adoption of an El Camino Real City of Santa Clara Page 15 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting Infrastructure Plan/Streetscape Plan. 8. 21-1108 Action on the Introduction of an All-Electric Reach Code Ordinance, including Electric Vehicle (EV) Charging, that Amends Chapter 15.36 (Energy Code) and Chapter 15.38 (Green Building Code) of Title 15 (Buildings and Construction) of the Santa Clara Municipal Code Recommendation: Staff recommend that City Council introduce electrification reach codes as written, to be established on January 1, 2022; to help reduce carbon emissions associated with new construction, reduce costs in new construction, improve indoor air quality and safety of our building stock, support affordable housing, and increase adoption of electric vehicles. City of Santa Clara Page 16 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting 9. 21-1299 Action to Adopt a Resolution Approving and Adopting an Updated As-Needed Salary Plan Reflecting Amended Changes, Adopt Resolutions for an Exception to the 180 Day Waiting Period To Appoint Two Retired Annuitants To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224); Authorize the City Manager to execute funding Agreements with Related Santa Clara and Destination Marketing Association to partially fund a Retired Annuitant; Freeze 1.0 Senior Management Analyst in the City Manager’s Office; Unfreeze 1.0 Deputy City Clerk (Job Code 178) in the City Clerk’s Office; and Related Budget Amendments Recommendation: 1. Adopt the Updated As-Needed Salary Plan; 2. Adopt Resolutions for an Exception to the 180 Day Waiting Period To Appoint two Retired Annuitants To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224); 3. Authorize the City Manager to execute agreements with Related Santa Clara and Destination Marketing Association to provide funding for a Rehired Annuitant; 4. 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 following FY 2021/22 budget amendments: A. In the General Fund establish a Transfer from the Convention Center Capital Fund in the amount of $40,000, decrease the City Manager’s Office appropriation by $94,000, and increase the City Clerk’s Office appropriation by $134,000 (five affirmative Council votes required to appropriate additional revenue). B. In the Convention Center Capital Fund, establish a transfer to the General Fund in the amount of $40,000 and decrease the Santa Clara Convention Center Condition Assessment Repair Project by $40,000 (majority affirmative Council votes required). 5. Approve freezing 1.0 Senior Management Analyst City of Santa Clara Page 17 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting (Job Code 742) in the City Manager’s Office; and 6. Approve Unfreezing 1.0 Deputy City Clerk (Job Code 178) in the City Clerk’s Office. 10. Written Petitions (Council Petition Policy 030) Submitted by Councilmember Jain: A. 21-21302 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Discuss the Rules for who can serve on Boards and Commissions, and Committees Recommendation: Staff has no recommendation and seeks Council direction. B. 21-1303 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Consider Hiring an Ethics Consultant for Upcoming Elections Recommendation: Staff has no recommendation and seeks Council direction. C. 21-21304 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Discuss the use of Written Petition (Policy 030) by Members of the Public Recommendation: Staff has no recommendation and seeks Council direction. D. 21-1305 Action on a Written Petition (Council Petition 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Meeting to Consider a Quarterly Report to Council of Legal Expenses to Outside Law Firms and any Settlement Costs (that can be disclosed) Once Cases are Settled Recommendation: Staff has no recommendation and seeks Council direction. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 21-1213 Update on City Council and Stadium Authority Staff Referrals 21-21321 Tentative Meeting Agenda Calendar (TMAC) City of Santa Clara Page 18 of 19 Printed on 9/23/2021 Council and Authorities Concurrent Meeting Agenda September 28, 2021 Meeting ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, [insert date] in the City Hall Council Chambers. MEETING DISCLOSURES 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 9/23/2021