City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, September 13, 2022 4:30 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 continues to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution No. 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 (Comments received after 2:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting). This email address will be disabled after the October 4, 2022 meeting. Comments will continue to be accepted through City’s eComment. 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 September 13, 2022, at 5:00 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 - 4:30 PM | Regular Meeting - 7:00 PM 4:30 PM CLOSED SESSION Call to Order in the Council Chambers City of Santa Clara Page 1 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting Roll Call 1.A 22-1107 Public Employment Appointment (Government Code §§ 54957, subd. (b)(1) and 54954.5, subd. (e)) Title: City Manager 1.B 22-1117 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Gloria Zamora & Antonio Zamora v. City of Santa Clara, et al., United States District Court, Northern District of California, Case No. 5:21-cv-05610 1.C 22-1118 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 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 is to begin at 7:00 PM or shortly thereafter Call to Order Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 2.A 22-1097 Recognition of Police Reserve Retirements 2.B 22-1150 Recognition of Outgoing Commissioners on the Parks and Recreation Commission, Planning Commission and the Senior Advisory Commission City of Santa Clara Page 2 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting 2.C 22-829 Proclaim September 15, 2022 to October 15, 2022, as National Hispanic Heritage Month 2.D 22-1135 Proclaim September 2022 as Adult Literacy 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.] 3.A 22-327 Action on May 24, 2022 Joint Council & Authorities Concurrent and Stadium Authority Minutes and May 31, 2022 Special City Council Meeting Minutes Recommendation: Approve the Meeting Minutes of: May 24, 2022 Joint Council & Authorities Concurrent and Stadium Authority Meeting; and May 31, 2022 Special City Council Meeting 3.B 22-26 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Downtown Community Task Force - June 16, 2022 3.C 22-1031 Action on Bills and Claims Report (CC, SCSA, HA) for the period July 16, 2022 - August 12, 2022 Recommendation: Approve the list of Bills and Claims for July 16, 2022 - August 12, 2022. 3.D 22-1030 Action on the Santa Clara Convention Center FY 2021/22 4th Quarter Financial Status Report Recommendation: Note and file the Santa Clara Convention Center Financial Status Report for the 4th Quarter ending June 30, 2022, as submitted by OVG. 3.E 22-1000 Action on a Cooperative Agreement between the City of Santa Clara and the Valley Transportation Authority (VTA) for the Preparation of the Santa Clara Station Area Plan Recommendation: Approve the Cooperative Agreement between the City of Santa Clara and the Valley Transportation Authority (VTA) for the preparation of the Santa Clara Area Plan. City of Santa Clara Page 3 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting 3.F 22-1019 Action on a Resolution Approving Purchase and Sale Agreements for Easements on the Memorex Junction Transmission Line Extension Project Recommendation: 1. Adopt the Resolution approving the purchases of overhead electric easements at 2191 Ronald Street [224-67-023], 2122 Ronald Street [224-66-003], and 2265 Lafayette Street [224-03-080]; and 2. Authorize the City Clerk to cause the easement deeds to be recorded in the Office of the County Clerk-Recorder of the County of Santa Clara. 3.G 22-1043 Action on a Request for a Special Permit to Allow Three Temporary Construction Trailers at 2915 Stender Way for a Period of 18 Months Recommendation: Approve the request of a Special Permit to allow three temporary construction trailers at 2915 Stender Way for a period of 18 months ending in December 2023, subject to conditions. 3.H 22-1064 Action on a Resolution Authorizing the Use of City Electric Forces for New Dark Fiber Installations at Various Locations Recommendation: Determine the proposed actions are categorically exempt under CEQA and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report at Central Park Magical Bridge, Bowers Park, Eddie Sousa Park, Agnew Park, and Machado Park. 3.I 22-1055 Authorization to Submit a Letter of Support for an Application to the California Department of Housing and Community Development to Help Fund the Construction of the Clara Gardens Affordable Housing Project (Phase II of the Bella Vista Inn Redevelopment) Recommendation: Authorize the Mayor to Send a Letter on behalf of the City Council to the California Department of Housing and Community Development in support of the Clara Gardens application(s) for State funding. City of Santa Clara Page 4 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting 3.J 22-1076 Action to Modify the Classification Specification for Development Review Officer (Job Code 144) Recommendation: Approve modifications to the Development Review Officer (Job Code 144) Classification Specification. 3.K 22-1083 Action on a Request to Use the Parking Lots at the City-Owned Properties at 900 and 1000 Lafayette Street in Support of the Santa Clara Parade of Champions Inclusive of the City’s $60,000 In-Kind Contribution Recommendation: Approve use of the parking lots at the city-owned properties at 900 and 1000 Lafayette Street inclusive of the City’s $60,000 in-kind contribution. 3.L 22-867 Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency Recommendation: Adopt a Resolution finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361. 3.M 22-1132 Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2023 Recommendation: Set the 2023 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar. City of Santa Clara Page 5 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting 3.N 22-1152 Action to Waive Second Reading and Adopt Ordinance No. 2050 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: Waive Second Reading and Adopt Ordinance No. 2050 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. 3.O 22-151 Consideration of the City of Santa Clara Electric Department dba Silicon Valley Power 2022 Wildfire Mitigation Plan and Independent Evaluation Report Recommendation: 1. Approve and adopt the 2022 Silicon Valley Power Wildfire Mitigation Plan; and 2. Note and file the Independent Evaluation Report issued by Dudek relating to its review and assessment of the comprehensiveness of the 2022 Silicon Valley Power Wildfire Mitigation Plan. SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 4.A 22-1038 Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of April 1 to June 30, 2022 Recommendation: Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding minutes for the period of April 1 to June 30, 2022. 4.B Action on Request Submitted from Stadium Manager to Execute Agreement with Bear Electrical Solutions, Inc. for the LED Retrofit Project - Exterior Luminaire Light Fixtures - Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project City of Santa Clara Page 6 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting 4.B.1 22-1074 Request from Stadium Manager to Execute Agreement with Bear Electrical Solutions, Inc. for the LED Retrofit Project - Exterior Luminaire Light Fixtures - Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project 4.B.2 22-1075 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Bear Electrical Solutions, Inc. for the LED Retrofit Project - Exterior Luminaire Light Fixtures- Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project Recommendation: 1. Approve the Stadium Manager’s request to execute a one-time agreement with Bear Electrical Solutions, Inc. to replace the exterior lighting in Gold Lot 4, Gold Lot 5, Bill Walsh Way, and other exterior location around Levi’s Stadium (LED Retrofit Project - Exterior Luminaire Light Fixtures- Gold Lot 4, Gold Lot 5, Bill Walsh Way and Other Exterior Poles CapEx Project) in the amount of $114,100; authorize the Executive Director to approve the execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Executive Director to approve the execution of change orders up to 10% of the contract cost ($11,410), for a total not to exceed amount of $125,510; 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 7 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting 5. 22-1004 Provide Direction to Staff on Alternatives for the Completion of the El Camino Real Specific Plan Recommendation: 1. Direct staff to proceed with either: Alternative 1: Direct staff to conduct additional planning work to prepare a new draft Specific Plan per City Council direction. Authorize the City Manager to negotiate and execute an agreement with Raimi + 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 $850,000, subject to the annual appropriation of funds. 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 prepare a significantly modified Specific Plan that retains enough density and elements (e.g., a range of densities that support mixed-use) of the prior Specific Plan so as to be consistent with the prior draft EIR. Authorize the City Manager to negotiate and execute an agreement with Raimi + Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for a one-year term ending September 30, 2023, for a maximum compensation not to exceed $250,000, subject to the annual appropriation of funds; or Alternative 3: 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 negotiate and execute an agreement with Raimi & Associates, Inc. to provide El Camino Real Specific Plan Consultant Services for a one-year term ending September 30, 2023, for a City of Santa Clara Page 8 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 2022 Meeting maximum compensation not to exceed $50,000, subject to the annual appropriation of funds. 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 Infrastructure Plan/Streetscape Plan. WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE PUBLIC/COUNCIL 6. 22-1133 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 (Deferred from August 30, 2022) Recommendation: Staff makes no recommendation. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next regular scheduled meeting is on Tuesday, September 27, 2022 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 9 of 10 Printed on 9/8/2022 Council and Authorities Concurrent Meeting Agenda September 13, 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 10 of 10 Printed on 9/8/2022