City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, August 30, 2022 3:30 PM Hybrid Meeting City Hall Council Chambers/Virtual 1500 Warburton Avenue Santa Clara, CA 95050 The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continued to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9135, Councilmembers may teleconference from remote locations and the City continues to provide 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 August 30, 2022, at 3:30 PM for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them. Closed Session - 3:30 PM | Regular Meeting - 7:00 PM 3:30 PM CLOSED SESSION Call to Order in the Council Chambers Roll Call City of Santa Clara Page 1 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 1.A 22-1095 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) (Deferred from August 16, 2022) 1.B 22-1100 Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1) Forty Niners Stadium Management Company LLC, et al., v. City of Santa Clara, et al. Santa Clara County Superior Court Action No. 19CV355432; Forty Niners Stadium Management Company LLC, et al. v. Santa Clara Stadium Authority, et al., Santa Clara County Superior Court Action No. 17CV304903; and Forty Niners Stadium Management Company LLC v. Santa Clara Stadium Authority, JAMS Case No. 1110024318 (Continued from August 16, 2022) 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 (Council Conference Room) 7:00 PM COUNCIL REGULAR/SPECIAL STADIUM AUTHORITY MEETING *Open Session to begin at 7:00 PM or Shortly Thereafter Call to Order Call to Order in the Council Chambers (Open to the Public) City of Santa Clara Page 2 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 2.A 22-954 Recognition of Intel Corporation for Donation of At-Home Test Kits to Support City’s COVID-19 Emergency Response 2.B 22-1046 Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic 2.C 22-836 Verbal Report Update from City Manager Regarding the Local Drought Emergency 2.D 22-650 Proclamation of September 2022 as Community Preparedness 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.] 3.A 22-404 Action on the Council and Authorities Concurrent & Special Stadium Authority Meeting Minutes of May 10, 2022, Special City Council Meeting Minutes of May 16, 2022, and Special City Council Meeting Minutes of May 17, 2022 Recommendation: Approve the Meeting Minutes of: May 10, 2022 Council and Authorities Concurrent & Special Stadium Authority Meeting; May 16, 2022 Special City Council Meeting; and May 17, 2022 Special City Council Meeting 3.B 22-25 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Parks & Recreation Commission - July 19, 2022 Board of Library Trustees - June 9, 2022 Senior Advisory Commission - July 25, 2022 City of Santa Clara Page 3 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 3.C 22-898 Action on Bills and Claims Report (CC, SCSA, HA) for the period June 4, 2022 - July 15, 2022 Recommendation: Approve the list of Bills and Claims for June 4, 2022 - July 15, 2022. 3.D 22-976 Action on a Resolution to Amend Resolution No. 22-9131 Ordering the Summary Vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, a Portion of Stars and Stripes Drive, and a Portion of Tasman Drive Recommendation: Adopt a Resolution to Amend Resolution No. 22-9131 ordering the summary vacation of Centennial Boulevard between Tasman Drive and Stars and Stripes Drive, and a portion of Stars and Stripes Drive [vicinity of APN104-03-036, 037, 038, 039, and 040 (2020-21)]; and a portion of Tasman Drive [vicinity of APN104-03-036, 037, and 038 (2021-22)] SC21-0025. 3.E 22-332 Approve the 2022 Agreement with the County of Santa Clara to accept County funding for the purchase of Emergency Medical Services equipment and Related Budget Amendment Recommendation: 1. Approve and authorize the City Manager to execute the 2022 Agreement between the County of Santa Clara and City of Santa Clara to accept County funding for the purchase of Emergency Medical Services equipment in the amount of $38,811 for FY 2021/22; 2. Approve the related FY 2021/22 budget amendment in the Fire Operating Grant Trust Fund to increase the Other Agencies Revenue by $38,811 and establish an Emergency Medical Services County Patient Care System 2022 appropriation in the amount of $38,811 ( five affirmative Council votes required to appropriate additional revenue); and 3. Authorize the City Manager to negotiate and execute amendments to the Agreement on behalf of the City; subject to Council appropriation of funds. City of Santa Clara Page 4 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 3.F 22-972 Action on Agreements with Banksia Landscape for Landscaping Maintenance Services, and with Cagwin & Dorward for Tree Maintenance Services, at the Santa Clara Convention Center Complex - Maintenance District No. 183 Recommendation: 1. Authorize the City Manager to execute an agreement with Banksia Landscape for landscaping maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensation not-to-exceed $241,894; 2. Authorize the City Manager to execute an agreement with Cagwin & Dorward for tree maintenance services at the Santa Clara Convention Center Complex - Maintenance District No. 183 for an initial one-year term, with maximum compensation not-to-exceed $83,906; and 3. Authorize the City Manager to exercise up to four one-year options to extend the term of both agreements after the initial term, subject to the appropriation of funds. City of Santa Clara Page 5 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 3.G 22-164 Action on Agreements for Services with Aspen Environmental Group and Panorama Environmental, Inc. to Provide As-Needed Environmental Consulting Services Recommendation: 1. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consulting Services Agreement with Aspen Environmental Group in an amount not to exceed $1,500,000 for a five-year period; 2. Authorize the City Manager to Negotiate and Execute an As-Needed Environmental Consulting Services Agreement with Panorama Environmental, Inc. in an amount not to exceed $500,000 for a five-year period; 3. Authorize the City Manager to execute amendments to extend the term of the Agreements for up to one additional year or longer if required to complete projects initiated during their term; and 4. Authorize the City Manager to execute amendments to increase total maximum compensation by $500,000 for a total maximum compensation of $2,500,000 for both agreements subject to appropriation of funds if required to (a) add or delete services or (b) allow for future rate adjustments. 3.H 22-979 Action on Amendment No. 1 to Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Functional Devices Recommendation: Authorize the City Manager to execute Amendment No. 1 to the Agreement with Ricoh USA, Inc. for Citywide Leases and Maintenance of Copier/Multi-Function Devices to increase the maximum compensation by $750,000 for a revised maximum compensation of $2,150,000, and extend the term of the agreement through August 31, 2024, subject to the appropriation of funds. City of Santa Clara Page 6 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 3.I 22-579 Action on Amendment No. 2 to the Agreement with ELB US Inc. for Enterprise Audio-Visual Professional Services at City facilities and Approve the Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute Amendment No. 2 to the Agreement with ELB US Inc. for Enterprise Audio-Visual Professional Services to extend the term of the agreement by two years ending on June 30, 2025, and to execute Call No. 22.1 for Enterprise Audio- Visual Professional Services in Santa Clara City Library Facilities and Council Chambers for a maximum compensation not-to-exceed $385,604 and subject to budget appropriations; and 2. Authorize the City Manager to execute future Calls not-to-exceed $100,000 per Call throughout the term of the agreement without further Council action and subject to the appropriation of funds. 3. Authorize the City Manager to extend the term of the agreement, if required, to match the end date of any Call issued prior to June 30, 2025 but has an end date that extends beyond the contract term. No new Calls will be issued after June 30, 2025. 4. Approve the FY 2022/23 budget amendment in the Public, Educational and Governmental Fee Fund to appropriate $287,604 from the unrestricted fund balance (five affirmative Council votes required for the use of unused balances). City of Santa Clara Page 7 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 3.J 22-853 Action on Amendment No. 1 to Agreement with US Digital Designs, Inc. for a Fire Station Alerting System and Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with US Digital Designs, Inc. for a Fire Station Alerting System to increase the amount of the Agreement by $89,726.02 for a revised not-to-exceed compensation of $754,893.56. 2. Authorize the City Manager to spend a contingency amount of $75,489 in the event that additional hardware and related services are required prior to project completion, subject to the appropriation of funds. 3. Approve the FY 2022/23 budget amendment in the Fire Capital Fund to increase the transfer from the General Fund and increase the CAD Alerting System Upgrade capital project appropriation by $73,613 (five affirmative Council votes required to appropriate additional revenue). 4. Approve the following FY 2022/23 budget amendment in the General Fund to increase the transfer to the Fire Capital Fund and decrease the Land Sale Reserve by $73,613 (five affirmative votes required for the use of unused balances). City of Santa Clara Page 8 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 3.K 22-922 Action on Designating a Voting Delegate for the 2022 League of California Cities Annual Business Meeting and City Positions on Proposed Bylaws Amendments Recommendation: 1. Designate Councilmember Kevin Park to serve as the voting delegate to represent the City of Santa Clara at the 2022 League of California Cities Annual Business Meeting; and 2. Approve a “Support” position for the proposed bylaws amendments outlined in the attached 2022 Annual Conference and Expo Proposed Bylaws Amendments packet which will 1) designate the Second Vice-President as the Resolutions Committee chair, while retaining the President’s authority to appoint the vice chair of the Resolutions Committee; 2) adjust the composition of the Nominating Committee by adding one At-Large Director and one Caucus Director for a total of 13 Nominating Committee members; 3) provide that, unless the Board establishes otherwise, the Cal Cities President appoints the chair of board-established committees; 4) replace the title “Second Vice-President/Treasurer” with “Second Vice President”; and 5) replace the term “board member(s)” with “Director(s)”; and authorize the City’s voting delegate to cast a vote consistent with the Council’s adopted position. 3.L 22-931 Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU Recommendation: Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) program in a form substantially similar to the attached draft MOU City of Santa Clara Page 9 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 3.M 22-971 Action on Historic Resource Inventory Property Designation and Historical Preservation Agreement (Mills Act) for 1091 Jefferson Street Recommendation: 1. Approve the addition of the property located at 1091 Jefferson Street to the City’s HRI; and 2. Authorize the City Manager to execute a Mills Act Contract and adopt the 10-Year Restoration and Maintenance Plan associated for the property at 1091 Jefferson Street. 3.N 22-923 Note and File Informational Report to Council on Modifications to the Police Department’s Unmanned Aircraft System Program Policy Recommendation: Note and file informational report to Council on adjustments to Santa Clara Police Department Policy #606, Unmanned Aircraft System Operations. 3.O 22-2029 Action on the Introduction of an Ordinance Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California” to Implement New Purchasing Requirements and Update Administrative Language Recommendation: Introduce an Ordinance Repealing Chapter 2.105 (Finance Department) of Title 2 (Administration and Personnel) and Adding a New Chapter 2.105 (Finance Department) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California” to Implement New Purchasing Requirements and Update Administrative Language. 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 10 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting 4. 22-605 Action on a Resolution Adopting the Pruneridge Avenue Complete Streets Plan and Selection of a Preferred Design Concept Recommendation: Alternative 1: Adopt a resolution adopting the Pruneridge Avenue Complete Streets Plan; and select one of the following Alternative 5: Concept 2 (Two lanes, center turn lane, and buffered bike lanes) as the preferred alternative; or Alternative 7: Concept 4 with buffered bike lanes (Hybrid Option - Two lanes between Pomeroy Avenue and Luther Drive, four lanes between Gamblin Drive and Saratoga Avenue, two lanes between Harold Avenue and Winchester Boulevard, center turn lane, buffered bike lanes along the entire study area, and parking removal on the south side of Pruneridge Avenue between Saratoga Avenue and Harold Avenue) as the preferred alternative. 5. 22-623 Action to Consider Possible Financial Assistance Options Related to the Replacement of a Private Concrete Wall Adjacent to Pruneridge Avenue in the Laurel Park East Neighborhood and Potential Delegated Authority for a Budget Amendment Recommendation: 1. Any one of Alternatives 1 through 4; Alternative 5; and Alternative 6 (only if one of Alternatives 1 through 4 is selected). 2. Delegate authority to the City Manager to execute a budget amendment, offset by the General Fund Land Sale Reserve, based on any potential scenario not to exceed $95,548, if approved by the City Council. Under Article XIII of the City Charter, the City Council must first approve any budget amendment or supplement by at least five (5) affirmative votes. 6. 22-839 Action on Written Petition Regarding Street Tree Canopy Advocacy Recommendation: Alternative 1: Note and file this staff report. City of Santa Clara Page 11 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE PUBLIC/COUNCIL 7. 22-858 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Possibility of a Ballot Measure to Change the Chief of Police and City Clerk Position from Elected to Appointed Recommendation: Staff makes no recommendation. 8. 22-873 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Changing the Parking Policy Since Providing Free Parking at the Convention Center is Very Expensive Recommendation: Staff makes no recommendation. 9. 22-875 Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss how to Change the Noticing Policy so as to Reach More People Recommendation: Staff makes no recommendation. 10 22-983 Action on a Written Petition (Council Policy 030), Submitted by Lee Broughman Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss the Issue of Council Person Karen Hardy and Raj Chahal Attendance as a Guest of 49ers at a Game on November 15, 2021 in Violation of Santa Clara City Council Gift Policy and reprimand for these violations Recommendation: Staff makes no recommendation. 11. 22-984 Action on a Written Petition (Council Policy 030), Submitted by Victor Ojakian Requesting to Place an Agenda Item on a Future Council Meeting for Council to Adopt a City Suicide Prevention Policy Recommendation: Staff makes no recommendation. REPORTS OF MEMBERS AND SPECIAL COMMITTEES City of Santa Clara Page 12 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 Meeting CITY MANAGER/EXECUTIVE DIRECTOR REPORT 22-903 Update on City Council and Stadium Authority Staff Referrals 22-1104 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, September 13, 2022 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 13 of 14 Printed on 8/24/2022 Council and Authorities Concurrent Meeting Agenda August 30, 2022 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 14 of 14 Printed on 8/24/2022