City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, March 15, 2022 1:30 PM Virtual Meeting 1:30 PM Closed Session 7:30 PM Open Session Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9058, 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 Mayor/Chair calls for a Special Meeting of the Santa Clara City Council and Stadium Authority Board to commence and convene on March 15, 2022, at 1:30 PM for a Special Meeting held virtually via Zoom, to consider the following matter(s) and to potentially take action with respect to them. 1:30 PM CLOSED SESSION Call to Order Roll Call 1.A 22-251 Public Employee Appointment (Gov. Code §§ 54957, 54954.5, subd. (e).) Title: Interim City Attorney City of Santa Clara Page 1 of 5 Printed on 3/11/2022 Council and Authorities Concurrent Meeting Agenda March 15, 2022 Meeting 1.B 22-413 Conference with Labor Negotiators (CC) Pursuant to Gov. Code § 54957.6 City representative: City Manager’s 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.C 22-1630 Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1) Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Superior Court Action No 19CV355432 (filed 9/20/19), and Forty Niners SC Stadium Company LLC, et al., v. Santa Clara Stadium Authority, Demand for Arbitration through JAMS, filed 09/03/2021, consolidated with JAMS No. 110024318 1.D 22-412 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) 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. Convene to Closed Session City of Santa Clara Page 2 of 5 Printed on 3/11/2022 Council and Authorities Concurrent Meeting Agenda March 15, 2022 Meeting 7:30 PM SPECIAL COUNCIL AND STADIUM AUTHORITY MEETING Call to Order Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SANTA CLARA STADIUM AUTHORITY 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.] 2.A 22-937 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending September 30, 2021 Recommendation: Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending September 30, 2021. 2.B 22-355 Report from the Stadium Authority Regarding Stadium Manager’s Request for Retroactive Approval for Incurred Charges Related to Silicon Valley and San Francisco Admin Awards Sponsorship and Silicon Valley Business Journal Email Blast Recommendation: 1. Approve the Stadium Manager’s retroactive request to incur $10,000 for the Silicon Valley and San Francisco Admin Awards sponsorship and authorize staff to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and 2. Approve the Stadium Manager’s retroactive request to incur charges up to $5,100 for a March 1, 2022 email blast campaign in the Silicon Valley Business Journal for Non-NFL events advertising and authorize staff to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager. City of Santa Clara Page 3 of 5 Printed on 3/11/2022 Council and Authorities Concurrent Meeting Agenda March 15, 2022 Meeting 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 SANTA CLARA STADIUM AUTHORITY PUBLIC HEARING/GENERAL BUSINESS 3. 22-303 Action on the Proposed Santa Clara Stadium Authority Fiscal Year 2022/23 Budget, Stadium Operation and Maintenance Plan, and 2022 Marketing Plan Recommendation: Staff recommends Alternatives 1, 2, and 3: 1. Adopt the Santa Clara Stadium Authority Fiscal Year 2022/23 Operating, Debt Service, and Capital Budget; 2. Delegate authority to the Office of the Executive Director and Treasurer to approve budget amendments that move funds from Legal Contingency to Shared Expenses after the review of adequate documentation for costs; 3. Direct staff to explore options for a more cost-effective way to address repairs to the Naming Rights Sponsor Sign; and, 4. Note and file the 2022 Marketing Plan, authorize the Office of the Executive Director to execute an Amendment No. 1 with Stone Planning to add an additional $10,000 and to amend the agreement’s scope of work to allow the Stadium Authority to request, on a time and materials basis, 1) the Contractor and/or subcontractor’s participation in meetings with Stadium Authority staff and Stadium Manager to discuss any areas of the assessment report, or 2) other work related to the assessment report, and request the Stadium Manager to return to the Board in four to six months with an updated Marketing Plan. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT City of Santa Clara Page 4 of 5 Printed on 3/11/2022 Council and Authorities Concurrent Meeting Agenda March 15, 2022 Meeting ADJOURNMENT The next regular scheduled meeting is on Tuesday, March 22, 2022. 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 5 of 5 Printed on 3/11/2022