City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, October 18, 2022 5:00 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. 22-9145 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 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. Closed Session - 5:00 PM | Regular Meeting - 7:00 PM 5:00 PM CLOSED SESSION Call to Order in the Council Chambers Roll Call City of Santa Clara Page 1 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 1.A 22-1274 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.B 22-1281 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8 Property: 1601 Civic Center Drive, Santa Clara, CA 95050; APN: 224-49-006 City/Authority Negotiator: Rajeev Batra, City Manager (or designee) Negotiating Parties: Charities Housing, Kathy Robinson Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms) 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 JOINT COUNCIL/STADIUM AUTHORITY MEETING Call to Order Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values City of Santa Clara Page 2 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 2.A 22-832 Proclaim October 2022 as Hindu American Awareness and Appreciation Month 2.B 22-1116 Proclamation of October 2022 as Community Planning Month 2.C 22-1221 Recognize the 75th Anniversary of the Silicon Valley Central Chamber of Commerce 2.D 22-1243 Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic 2.E 22-1242 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.] 3.A 22-337 Action on the Meeting Minutes of Special City Council Meeting of June 6, 2022, Joint Council & Authorities Concurrent and Stadium Authority Meeting of June 7, 2022, and Special City Council Meeting June 20, 2022 Recommendation: Approve the Meeting Minutes of: June 6, 2022 Special City Council Meeting; June 7, 2022 Joint Council & Authorities Concurrent and Stadium Authority Meeting; and June 20, 2022 Special City Council Meeting City of Santa Clara Page 3 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.B 22-29 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Downtown Community Task Force - May 20, 2021 Downtown Community Task Force - June 17, 2021 Downtown Community Task Force - August 18, 2022 Audit Committee - March 14, 2022 Cultural Commission - August 1, 2022 3.C 22-375 Overview of the City Auditor’s Office Semi-Annual Status Report as of September 30, 2022 Recommendation: Note and file the City Auditor’s Office Semi-Annual Status Report as of September 30, 2022 as recommended by the Council Audit Committee. 3.D 22-965 Action on a Task Order for Professional and Technical Services for PeopleSoft Enhancements and Configurations with CherryRoad Technologies Recommendation: Authorize the City Manager to negotiate and execute Task Order No. 22.1 with CherryRoad Technologies for professional and technical services for PeopleSoft Human Capital Management Enhancements and Configurations in the amount of $407,000. City of Santa Clara Page 4 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.E 22-165 Action on an Agreement for Services with Guidehouse, Inc. (Guidehouse) to Provide Consulting Services for North American Electric Reliability Corporation (NERC) and Western Electricity Coordinating Council (WECC) Regulatory Compliance Recommendation: 1. Approve an Agreement for Services with Guidehouse, Inc. to provide consulting services for North American Electric Reliability Corporation (NERC) and Western Electricity Coordinating Council (WECC) Regulatory Compliance for an initial five-year term and up to five additional term years with a maximum compensation not to exceed $700,000 for the initial term and $900,000 for the optional term years for a total maximum compensation of $1.6 million and subject to the appropriation of funds; 2. Authorize the City Manager to execute the Agreement and related documents and to take such actions as reasonable or necessary to implement and administer the Agreement, including exercising options to extend the term of the Agreement; and 3. Authorize the City Manager to make minor changes to the attached Agreement subject to approval by the City Attorney as to form. 3.F 22-1063 Action on an Agreement with Silicon Valley/Santa Clara DMO, Inc. d/b/a Discover Santa Clara® for the Administration of the Santa Clara Tourism Improvement District Recommendation: 1. Approve and authorize the City Manager to execute an Agreement with Silicon Valley/Santa Clara DMO, Inc. d/b/a Discover Santa Clara® for the Administration of the Santa Clara Tourism Improvement District. 2. Authorize the City Manager to exercise the option to extend the Agreement for up to two five-year options to renew; and 3. Authorize the City Manager to make minor and administrative modifications to the Agreement if necessary. City of Santa Clara Page 5 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.G 22-1248 Action on the Amendment No. 1 to the Agreement with MIG, Inc. for Consultant Services to Update the City’s Adopted Housing Element and Related Budget Amendment Recommendation: 1. Accept and approve the $102,684 in grant funding from the State of California Department of Housing and Community Development; 2. Authorize the City Manager to execute Amendment No. 1 to the Agreement with MIG, Inc. to provide Housing Element update Consultant Services for a term ending on December 31, 2023, for a maximum compensation not to exceed $233,568; 3. Authorize the City Manager to execute an amendment to increase maximum compensation in the event that additional services are required, subject to the annual appropriation of funds; and 4. Approve the related FY 2022/23 budget amendment in the Engineering Operating Grant Trust Fund to recognize grant revenue in the amount of $102,684 and establish an appropriation in the amount of $102,684 for preparation of the City’s Housing Element Update ( five affirmative Council votes required to appropriate additional revenue). 3.H 22-1078 Action on Amendment No. 2 to the Agreement with Townsend Public Affairs, Inc. for Legislative Advocacy Services Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Agreement with Townsend Public Affairs, Inc. to extend the term of the agreement through January 29, 2024 and increase the total not to exceed amount from $252,000 to $342,000. 3.I 22-940 Informational Report on 2022 Q3 Legislative Updates Recommendation: Note and file the informational report on 2022 Q3 legislative updates. City of Santa Clara Page 6 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.J 22-1204 Action on Amendment No. 3 with Wallace Roberts and Todd, LLC (WRT) for the City Hall Relocation Study and Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute Amendment No. 3 to the Agreement with Wallace Roberts and Todd, LLC (WRT) for the City Hall Relocation Study at a total cost not to exceed $1,331,706. 2. Approve the following FY 2022/23 budget amendments: a. In the General Government Capital Fund, recognize a transfer of $28,360 from the Electric Utility Capital Fund and increase the Precise Plan for Downtown project by $28,360 ( five affirmative Council votes); and b. In the Electric Utility Capital Fund, establish a transfer to the General Government Capital Fund in the amount of $28,360 and reduce the Electric Yard Buildings and Grounds project by $28,360 (five affirmative Council votes required). 3.K 22-1102 Adopt the Resolution Amending the City of Santa Clara Conflict of Interest Codes for Designated Positions as Required by the Political Reform Act Conflict of Interest Code Biennial Update Recommendation: Adopt the Resolution amending the City of Santa Clara Conflict of Interest Code required by the Political Reform Act and Regulations of the Fair Political Practices Commission City of Santa Clara Page 7 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.L 22-1121 Action to Authorize the City Manager to Negotiate, Execute, and Administer an Infrastructure Fee Credit and Fee Reimbursement Agreement with 2302 Calle Del Mundo, LLC and USA BH 26 for the Tasman East Specific Plan Area and Related Budget Amendment Recommendation: 1. Authorize the City Manager to negotiate, execute, and administer a three-party Infrastructure Fee Credit and Fee Reimbursement Agreement with 2302 Calle Del Mundo, LLC and USA BH 26 to allow for a reimbursement of $1,771,716 to 2302 Calle Del Mundo, LLC and $1,423,145 to USA BH 26; 2. Authorize the City Manager to execute any and all documents necessary for or associated with the Infrastructure Fee Credit and Fee Reimbursement Agreement, including payments to 2302 Calle Del Mundo, LLC and USA BH 26; and 3. Approve the FY 2022/23 budget amendment in the Tasman East Infrastructure Improvement Fund to recognize impact fee revenue in the amount of $2,413,605, increase the Tasman East Developer Reimbursement project in the amount of $345,177, and increase the unrestricted ending fund balance in the amount of $2,068,428 ( five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 8 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.M 22-1013 Action on Adoption of a Resolution Establishing the Necessary Findings of Fact for Modifications to the California Building Standards; Action on Introduction of an Ordinance Amending Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” for the Adoption of the 2022 California Building Standards Code; and Setting November 1, 2022 for a Public Hearing on Adoption of such Ordinance Recommendation: 1. Introduce an Ordinance amending Chapter 15.05 ("Administrative Code"), Chapter 15.15 (“Building Code”), Chapter 15.17 (“Residential Code”), Chapter 15.18 ("Property Maintenance Code"), Chapter 15.20 (“Electrical Code”), Chapter 15.30 (“Mechanical Code”), Chapter 15.35 (“Plumbing Code”), Chapter 15.36 (“Energy Code”), Chapter 15.37 (“Historical Building Code”), Chapter 15.38 (“Green Building Code”), and Chapter 15.75 ("Existing Building Code") of Title 15 (“Buildings and Construction”) of “The Code of the City of Santa Clara, California” for the adoption of the 2022 California Building Standards Code; 2. Adopt a Resolution Making Findings of Fact Necessary for the Specified Modifications to the 2022 California Building Code and 2022 California Residential Code Reflected in the Proposed Ordinance; and 3. Set a public hearing on November 1st , 2022 pursuant to California Government Code Section 50022.3 for adoption of the Ordinance. City of Santa Clara Page 9 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.N 22-1020 Action to Adopt a Resolution Establishing the Necessary Findings of Fact for Amendments to the California Building Standards; Action to Waive First Reading and Approve Introduction of an Ordinance Adopting the 2022 California Fire Code, as Amended, as the 2022 Santa Clara Municipal Fire and Environmental Code (SCCC Chapter 15.60); and Setting November 1, 2022 for a Public Hearing on Adoption of Said Ordinance Recommendation: 1. Waive first reading and approve introduction of an ordinance amending Chapter 15.60 of the Santa Clara City Code (“Santa Clara Municipal Fire and Environmental Code”) to adopt the 2022 California Fire Code, as amended; 2. Adopt a Resolution establishing the findings of fact necessary for the specified amendments to the 2022 California Fire Code reflected in the proposed Ordinance, as a subset of the California Building Standards; and 3. Set a public hearing on November 1, 2022, for final adoption of the ordinance amending Chapter 15.60 of the Santa Clara City Code (“Santa Clara Municipal Fire and Environmental Code”) to adopt the 2022 California Fire Code, as amended. 3.O 22-1106 Action on the Introduction of a Draft Ordinance (All-Electric Building Electrification Reach Codes Including EV Charging) Recommendation: Staff recommend that City Council: 1. Introduce an Ordinance updating the 2022 Reach Code of Santa Clara to the 2022 California Code Cycle and 2. Set a public hearing on November 1st, 2022, pursuant to Government Code Section 50022.3, for adoption of the Ordinance. City of Santa Clara Page 10 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.P 22-1230 Action on Adoption of a Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees; and to Waive First Reading and Approve the Introduction of an Ordinance Amending the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees Recommendation: 1. Adopt Resolution of Intention to Approve an Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees; 2. Waive First Reading and Approve the Introduction of an Ordinance Amending the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara to Eliminate a Clause Relating to Temporary Employees; and 3. Authorize City Manager to Execute Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Santa Clara. 3.Q 22-1279 Action to Waive Second Reading and Adopt Ordinance No. 2051 Approving the Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, in Accordance with City Charter Section 714.1 Recommendation: Waive Second Reading and Adopt Ordinance No. 2051 Approving the Schematic Design for the Central Park Entrance, Accessibility, and Parking Improvements Project, in Accordance with City Charter Section 714.1 City of Santa Clara Page 11 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 3.R 22-1293 Action to Waive Second Reading and Adopt Ordinance No. 2052 Amending Chapter 12.35 (“Trees and Shrubs”) of Title 12 (“Streets, Sidewalks and Public Places”) of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals Recommendation: Waive Second Reading and Adopt Ordinance No. 2052 Amending Chapter 12.35 (“Trees and Shrubs”) of Title 12 (“Streets, Sidewalks and Public Places”) of “The Code of the City of Santa Clara, California” to Modify the Process for Violation Appeals. SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 4.A 22-1087 Action on Stadium Authority Bills and Claims for the Month of July 2022 Recommendation: Approve the list of Stadium Authority Bills and Claims for July 2022. 4.B 22-1103 Adopt the Stadium Authority’s Resolution Amending the Conflict of Interest Code for Designated Positions as Required by the Political Reform Act and Regulations of the Fair Political Practices Commission Recommendation: Adopt the Resolution amending the Stadium Authority Conflict of Interest Code required by the Political Reform Act and Regulations of the Fair Political Practices Commission. 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 5. Items related to Civil Grand Jury Reports City of Santa Clara Page 12 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 2022 Meeting 5.A 22-1294 Transmittal Report on Grand Jury Reports (For Information Only): 1. “If You Only Read the Ballot, You're Being Duped,” dated October 7, 2022 2. “Unsportsmanlike Conduct: Santa Clara City Council,” dated October 10, 2022 Recommendation: Staff makes no recommendation. 5.B 22-1290 Action on a Council Written Request (Council Policy 030) Submitted by Mayor Gillmor Requesting to Place an Agenda Item at a Future Council Meeting to Take Action on the Mayor’s proposal for a Santa Clara Anti-Corruption Reform Plan in response to the Santa Clara County Grand Jury Report titled “Unsportsmanlike Conduct: Santa Clara City Council” Recommendation: Staff makes no recommendation. 5.C 22-1289 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 Grand Jury Report and how to respond to the Findings and Recommendations and how the City might implement some of the Recommendations and Discuss Workplan and Schedule for the Governance and Ethics Committee Recommendation: Staff makes no recommendation. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 22-1280 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, November 1, 2022 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 13 of 14 Printed on 10/14/2022 Council and Authorities Concurrent Meeting Agenda October 18, 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 10/14/2022