City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Thursday, December 8, 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. 22-9160 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. 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 City Council and the Stadium Authority, to commence and convene on December 8, 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 - 5:00 PM | Special Meeting - 5:30 PM 5:00 PM CLOSED SESSION Call to Order in the Council Chambers Roll Call City of Santa Clara Page 1 of 8 Printed on 12/5/2022 Council and Authorities Concurrent Meeting Agenda December 8, 2022 Meeting 1. 22-1506 Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(4) - Initiation to litigation Number of potential cases: 1 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) 5:30 PM SPECIAL 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 REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS 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 2 of 8 Printed on 12/5/2022 Council and Authorities Concurrent Meeting Agenda December 8, 2022 Meeting 2.A 22-1368 Action on a Joint Resolution Delegating Authority to the City Manager/Executive Director for City/Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority During the period from December 14, 2022 to January 9, 2023 Recommendation: That the City Council/Stadium Authority Board/Sports and Open Space Authority/Housing Authority: Adopt a Joint Resolution delegating authority to the City Manager/Executive Officer for City/Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority to approve project related documents during the period from December 14, 2022 to January 9, 2023 and requiring the City Manager/Executive Director/Contract Administrator to submit a report on actions taken during the Council recess at a City Council/Stadium Authority/Sports and Open Space Authority/Housing Authority meeting in January 2023. City of Santa Clara Page 3 of 8 Printed on 12/5/2022 Council and Authorities Concurrent Meeting Agenda December 8, 2022 Meeting 2.B 22-951 Action on a Purchase Order with One Day Installation and Repairs, Inc. for Work Related to the Fire Damage at Eddie Souza Park Building; Related Budget Amendment; and Class 1 CEQA Categorical Exemption Recommendation: 1. Authorize the City Manager to execute a purchase order with One Day Installation and Repairs, Inc. in the amount of $259,000 for base services related to fire damage repairs at the Eddie Souza park Building; 2. Authorize a contingency of $41,000 for any unforeseen conditions that may arise during the project for a total amount not-to-exceed $300,000; 3. Authorize the City Manager to execute all documents associated with the project including necessary paperwork and reimbursement documents with the City’s insurer, McLarens; 4. Adopt a Class 1 Categorical Exemption under CEQA Guidelines Section 15301; and 5. Approve the following FY 2022/23 Budget Amendments (five affirmative Council votes required): A. In the Parks and Recreation Capital Fund, increase the Other Revenue estimate by $275,000, increase the Transfer from the General Fund by $25,000 and establish an Eddie Souza Park Building Repair project in the amount of $300,000. B. In the General Fund, increase the Transfer to the Parks and Recreation Capital Fund by $25,000 and decrease the Land Sale Reserve by $25,000. 2.C 22-1482 Action on License Agreement with Related Santa Clara Granting Temporary Right of Entry to City-Owned Tasman Garage Located at 2525 Tasman Drive Recommendation: Alternative 1: Authorize the City Manager to negotiate and execute the License Agreement granting temporary right of entry with Related Santa Clara to the City-owned Tasman Garage to construct pedestrian and vehicle connections from the Related Santa Clara project to the City garage located at 2525 Tasman Drive. City of Santa Clara Page 4 of 8 Printed on 12/5/2022 Council and Authorities Concurrent Meeting Agenda December 8, 2022 Meeting 2.D 22-987 Action on Agreements for Professional Services for the Benton Bicycle Lanes, De La Cruz Boulevard Class IV Bikeway, Monroe Street Class II Buffered Bikeway, and Walsh Avenue Class IV Bikeway Projects and Related Budget Amendments Recommendation: 1. Authorize the City Manager to negotiate and execute an agreement with Alta Planning + Design, Inc. to provide professional bike planning services for the Benton Bicycle Lanes project for a maximum compensation of $285,669 and for the Monroe Street Class II Buffered Bikeway project for a maximum compensation of $263,700 for an initial three-year term with a total maximum compensation not-to-exceed $549,369; 2. Authorize the City Manager to negotiate and execute an agreement with Kimley-Horn and Associates, Inc. to provide professional bike planning services for the De La Cruz Boulevard Class IV Bikeway project for an initial three-year term with maximum compensation not-to-exceed $250,083; 3. Authorize the City Manager to negotiate and execute an agreement with TJKM Transportation Consultants to provide professional bike planning services for the Walsh Avenue Class IV Bikeway project for an initial three-year term with maximum compensation not-to-exceed $301,708; 4. Authorize the City Manager to make modifications to all three agreements, if necessary and to extend the term; and 5. Consistent with City Charter Section 1305, “ At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget,” approve the FY 2022/23 budget amendment in the Streets and Highways Capital Fund to increase the De La Cruz Boulevard Class IV Bikeway Study Project by $50,083, increase the Walsh Avenue Class IV Bikeway Study Project by $51,708, increase the Monroe Street Class II Buffered Bike Lane Study Project by $63,700, and decrease the Pedestrian City of Santa Clara Page 5 of 8 Printed on 12/5/2022 Council and Authorities Concurrent Meeting Agenda December 8, 2022 Meeting and Bicycle Enhancement Facilities Project by $165,491. 2.E 22-1458 Action on First Amendment to Disposition and Development Agreement with Related Santa Clara for the Development of 240-acres of City-Owned Property located at 5155 Stars and Stripes Drive Recommendation: Approve and authorize the City Manager to execute First Amendment to Disposition and Development Agreement with Related Santa Clara for the Related Santa Clara development located at 5155 Stars and Stripes Drive. 2.F 22-1477 Action on First Amendment to Landfill Post-Closure Operation and Management Agreement with Related Santa Clara for the Related Santa Clara project located on Former City All-Purpose Landfill at 5155 Stars and Stripes Drive Recommendation: Approve and authorize the City Manager to execute the First Amendment to Landfill Post-Closure Operation and Management Agreement. 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 3. 22-1426 Action on a Draft Response to the October 7, 2022 Santa Clara County Civil Grand Jury Report, “If You Only Read the Ballot, You’re Being Duped” Recommendation: Approve the draft response to the 2022 Santa Clara County Civil Grand Jury Report “If You Only Read the Ballot, You’re Being Duped” City of Santa Clara Page 6 of 8 Printed on 12/5/2022 Council and Authorities Concurrent Meeting Agenda December 8, 2022 Meeting 4. 22-1501 Action on the Council/Board’s Comment to the October 10, 2022 Santa Clara County Civil Grand Jury Report: “Unsportsmanlike Conduct: Santa Clara City Council.” Recommendation: 1. Consider the draft comment to the Report, including a date to implement Recommendation 4b, and propose any other revisions to the draft comment. 2. Approve the final version of the draft comment (“Comment to the Civil Grand Jury Report”). 3. Authorize Mayor/Board Chair to submit the Council/Board’s Comment to the Civil Grand Jury Report subject only to technical, conforming, non-substantive modifications prepared by the City Attorney’s Office, to the Honorable Beth McGowan, Presiding Judge, Superior Court of California, County of Santa Clara, 191 North First Street, San Jose, California 95113, no later than Monday, January 9, 2023. WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL 5. 22-1509 Action on a Written Petition (Council Policy 030), Submitted by Joseph P. Goschy Requesting to Place an Agenda Item on a Future Council Meeting for Council to Address Noise Violations from New Construction that was Approved by the City Recommendation: Staff makes no recommendation. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 22-1508 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, December 13, 2022 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 7 of 8 Printed on 12/5/2022 Council and Authorities Concurrent Meeting Agenda December 8, 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 8 of 8 Printed on 12/5/2022