City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, October 26, 2021 4:30 PM Virtual Meeting Closed Session 4:30 PM Open Session 7:00 PM Pursuant to California Government Code section 54953(e) and City of Santa Clara Resolution 21-9013, the City Council meeting will be held by teleconference only. No physical location will be available for this meeting; however, the City of Santa Clara continues to have 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 Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on October 26, 2021, at 4:30 p.m.for a Special Meeting to be held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them. 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. City of Santa Clara Page 1 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 1.A 21-1512 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.B 21-1529 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.C 21-1531 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1 Facts and Circumstances: Pursuant to Gov. Code § 54956.9(e) (1) - Not disclosed on agenda Convene to Closed Session 7:00 PM COUNCIL REGULAR and SPECIAL STADIUM AUTHORITY MEETING *Open Session is to begin at 7:00 PM or shortly thereafter Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS City of Santa Clara Page 2 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 2. 21-1537 Action to Defer the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring and Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive to a Future Date Recommendation: Defer the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring and Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive to a Future Date SPECIAL ORDER OF BUSINESS 3.A 21-0005 Proclaim November 2021 as Sikh Awareness and Acceptance Month 3.B 21-1255 Proclaim Family Court Awareness Month 3.C 21-1429 Verbal Report from City Manager regarding COVID-19 Pandemic 3.D 21-1430 Verbal Report Update from City Manager Regarding the Local Drought Emergency STUDY SESSION 4. 21-1525 Presentation on Business Tax Ballot Measure and Other Potential Revenue Measures for November 2022 Ballot (Deferred from October 19, 2021) Recommendation: 1. Provide feedback on key priorities for the development of recommendations on possible alternative tax structures for future Council consideration; and 2. Review and direct staff to explore other potential revenue measures to be placed on the November 2022 ballot. 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.] City of Santa Clara Page 3 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 5.A 21-537 Action on Meeting Minutes of July 6, 2021 Council & Authorities Concurrent Meeting and July 13, 2021 Joint Council & Authorities Concurrent and Stadium Authority Meeting Recommendation: Approve the Meeting Minutes of July 6, 2021 Council & Authorities Concurrent Meeting and July 13, 2021 Joint Council & Authorities Concurrent and Stadium Authority Meeting. ATTACHMENTS 1. 07-06-2021 DRAFT CC 2. 07-13-2021 DRAFT CC SA 5.B 21-21 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Board of Library Trustees - September 13, 2021 Youth Commission - September 14, 2021 Parks & Recreation Commission - September 21, 2021 ATTACHMENTS 1. Board of Library Trustees - September 13, 2021 2. Youth Commission - September 14, 2021 3. Parks & Recreation Commission - September 21, 2021 City of Santa Clara Page 4 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 5.C 21-1042 Action to Authorize the City Manager to Negotiate and Execute a Digital Services Agreement with Siemens Industry, Inc. Recommendation: Authorize the City Manager to: 1. Negotiate and execute a Digital Services Agreement with Siemens Industry, Inc. for an initial term of five years for professional services to upgrade the EnergyIP (EIP) Meter Data Management (MDM) software system plus subscription (license) and support fees not to exceed $1,200,000, subject to the appropriation of funds; 2. Execute five additional one-year options to extend the initial term of the agreement for ongoing subscription (license) and support fees, subject to the appropriation of funds; and 3. Add or delete licenses and services consistent with the scope of the agreement and allow future rate adjustments subject to request and justification by Siemens Industry, Inc., approval by the City, and the appropriation of funds. City of Santa Clara Page 5 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 5.D 21-1049 Action on Amendments to Agreements with Smart Energy Systems, Inc. and InfoSend, Inc. for a Customer Service Portal and Bill Print and Mail Services, respectively Recommendation: 1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Smart Energy Systems, Inc. for a cloud-hosted Customer Self-Service Portal to extend the term of the agreement by three years ending on December 31, 2024 and increase maximum compensation by $396,194 for a revised not to exceed amount of $1,653,343, subject to the appropriation of funds; 2. Authorize the City Manager to execute future amendments to the agreement with Smart Energy Systems, Inc. to extend the term and adjust compensation in the event staff’s estimates of usage are exceeded and to cover any changes to system requirements, subject to the appropriation of funds; and 3. Authorize the City Manager to execute Amendment No. 3 to the Agreement with InfoSend, Inc. for Bill Print and Mail Services to extend the term of the agreement by two years ending on June 30, 2024, and increase maximum compensation by $680,000 for a revised not to exceed amount of $2,380,000, subject to the appropriation of funds. City of Santa Clara Page 6 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 5.E 21-1413 Action on an Agreement for Services with Hill Brothers Chemical Company for As-Needed Ammonia Delivery and Related Services Recommendation: 1. Authorize the City Manager to execute an Agreement for Services with Hill Brothers Chemical Company for as-needed ammonia delivery and related services, for a term starting on or about November 1, 2021 and ending on or about October 31, 2026, for a total maximum amount not-to-exceed $1,500,000 during the initial five-year term, subject to the annual appropriation of funds; 2. Authorize the City Manager to make minor changes to the attached Agreement for Services subject to approval of the City Attorney as to form; 3. Authorize the City Manager to execute up to five one-year options to extend the term of the Agreement for Services after the initial term, ending on or about October 31, 2031, assuming all options are exercised, and subject to the annual appropriation of funds; and 4. Authorize the City Manager to take actions to add or delete services consistent with the scope of the Agreement for Services 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 7 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 5.F 21-1274 Action on an Agreement with First Shield Security and Patrol, Inc. for Citywide Security Guard Services Recommendation: 1. Authorize the City Manager to execute an agreement with First Shield Security and Patrol Inc. to provide security guard services at sites managed by the Department of Public Works for a not-to-exceed amount of $656,543 during the initial three-year term and subject to the appropriation of funds; 2. Authorize the City Manager to execute an agreement with First Shield Security and Patrol Inc. to provide security guard services at sites managed by the Parks & Recreation Department, for a not-to-exceed amount $801,000 during the initial three-year term and subject to the appropriation of funds; 3. Authorize the City Manager to amend or execute additional agreement(s) with First Shield Security and Patrol Inc. for additional sites that may be required, subject to the same terms and conditions and appropriation of funds; and 4. Authorize the City Manager to execute up to five one-year options to extend the term of the Agreements after the initial three-year term, for a total of eight years ending on or about October 31, 2029 assuming all option years are exercised and subject to the appropriation of funds. 5.G 21-1181 Action on Historic Resource Inventory Property Designation and Historic Preservation Agreement (Mills Act Contract) for 794 Park Court Recommendation: 1. Add the subject property to the City’s Historic Resource Inventory (HRI); and 2. Authorize the City Manager to execute a Historic Preservation Agreement (Mills Act Contract) including a 10-Year Restoration and Maintenance Plan for the property at 794 Park Court with property owner Megan L. Carter. City of Santa Clara Page 8 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 5.H 21-1201 Action to Adopt Resolution to Set the Regular Meeting Schedule and Dates of the Board of Library Trustees for Calendar Year 2022 Recommendation: Adopt the attached resolution setting the 2022 Calendar of Regular Meetings for the Board of Library Trustees. SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 6. Action on Request submitted by the Stadium Manager to Award Purchase Order to EYEP Solutions, Inc. for Genetec Omnicast Training and Synergic Technical Certification A. 21-1465 Request from the Stadium Manager to Award Purchase Order to EYEP Solutions, Inc. for Genetec Omnicast Training and Synergic Technical Certification B. 21-14660 Report from the Stadium Authority Regarding Stadium Manager’s Request to Award Purchase Order to EYEP Solutions, Inc. for Genetec Omnicast Training and Synergic Technical Certification Recommendation: 1. Approve the Stadium Manager’s request to award a purchase order to EYEP Solutions, Inc. for Genetec Omnicast training and Synergic Technical Certification, in the amount of $5,520, 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 City of Santa Clara Page 9 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 2021 Meeting 7. 21-14001 Discussion and Possible Direction on Consideration of the Sale of the Loyalton Ranch Property Recommendation: Staff has no recommendation and is seeking Council direction on whether additional steps toward the sale of the Loyalton Ranch Property should be implemented. REPORTS OF MEMBERS AND SPECIAL COMMITTEES 21-1122 Informational Report Regarding an Amendment to the Santa Clara Police Department’s Automated License Plate Reader (ALPR) Policy Recommendation: Note and file Information Report. CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next regular scheduled meeting is on Tuesday evening, November 9, 2021. MEETING DISCLOSURES City of Santa Clara Page 10 of 11 Printed on 10/21/2021 Council and Authorities Concurrent Meeting Agenda October 26, 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 11 of 11 Printed on 10/21/2021