City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, January 31, 2023 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. 22-9178 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 1.A 23-73 Public Employment Appointment (Government Code §§ 54957, subd. (b)(1) and 54954.5, subd. (e)) Title: City Manager City of Santa Clara Page 1 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 1.B 23-91 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8 Property: Please see below listing for APNs and addresses City/Authority Negotiator: Rajeev Batra, City Manager/Executive Director (or designee) Negotiating Parties: Please see below listing for names for negotiating party(ies) Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) 1.C 23-85 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) 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) City of Santa Clara Page 2 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 7:00 PM JOINT COUNCIL/STADIUM AUTHORITY MEETING *Open Session will 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 23-1446 Proclaim February 2023 as Black History Month 2.B 23-40 Recognition of the Bill Wilson Center’s 50 Years of Service and Recognition of Chief Executive Officer Sparky Harlan 2.C 23-47 Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic 2.D 23-48 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 23-46 Action on October 3, 2022 Special City Council Meeting and October 4, 2022 Council and Authorities Concurrent Meeting Minutes Recommendation: Approve the Meeting Minutes of October 3, 2022 Special City Council Meeting and October 4, 2022 Council and Authorities Concurrent Meeting. City of Santa Clara Page 3 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 3.B 23-05 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Planning Commission - November 9, 2022 Planning Commission - December 7, 2022 Cultural Commission - November 7, 2022 Cultural Commission - December 5, 2022 Youth Commission - December 13, 2022 Parks & Recreation Commission - November 15, 2022 Senior Advisory Commission - November 28, 2022 3.C 23-54 Action on Monthly Financial Status and Investment Reports for November 2022 and Approve the Related Budget Amendments Recommendation: Note and file the Monthly Financial Status and Investment Reports for November 2022 as presented and Approve the Related Budget Amendments (five affirmative Council votes required to appropriate additional revenue or for the use of unused balances). 3.D 23-1447 Approval of the Annual Investment Policy Statement for the City of Santa Clara, its Agencies and Corporations Recommendation: Approve the Investment Policy for the City of Santa Clara, its agencies and corporations. 3.E 23-1562 Action on the Federal and State Income Tax Exempt Reporting for Fiscal Year 2021/2022 Recommendation: Authorize the Executive Director, or designee, to file the 2021 Internal Revenue Service Form 990 (Return of Organization Exempt from Income Tax) and the State of California Form 199 (Exempt Organization Annual Information Return) on behalf of the City of Santa Clara Public Facilities Financing Corporation. 3.F 23-1560 Action on the Adoption of a Resolution Accepting the AB1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2022 Recommendation: Adopt a Resolution accepting the AB1600 Report on Development Impact Fees for fiscal year ending June 30, 2022 and making findings regarding the continuing need for the unexpended balances of impact fees as of June 22, 2022. City of Santa Clara Page 4 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 3.G 23-1502 Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting February 21, 2023 for Public Hearing and Adopt a Class 8 CEQA Categorical Exemption Recommendation: 1. Adopt a Resolution ordering the abatement of nuisance consisting of growing weeds in the City; 2. Set February 21, 2023 as the date for the required Public Hearing; and 3. Adopt a Class 8 Categorical Exemption under CEQA Guidelines Section 15308. 3.H 23-1537 Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations Recommendation: Determine the proposed actions are exempt from CEQA pursuant to Sections 15302(c) and 15303 of Title 14 of the California Code of Regulations and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report to Council at 2201 Laurelwood Drive, 2905 Stender Way, Corner of Shulman Avenue & Memorex Drive, 2201 Laurelwood Drive, 2590 Walsh Avenue, 3500 El Camino Real, 795 Comstock Street, 3510 Bassett Street, and 159 Brookside Avenue. 3.I 23-39 Action on the Approval of Officer Wellness and Mental Health Grant Program Funding from the Board of State and Community Corrections and Approve Related Budget Amendment Recommendation: 1. Approve Officer Wellness and Mental Health Grant Program Funding from the Board of State and Community Corrections; and 2. Approve the FY 2022/23 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $98,282 and establish a Board of State and Community Corrections appropriation in the amount of $98,282 ( five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 5 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 3.J 23-52 Action on Appointments to City Committees and Outside Agency Committees for the 2023 Calendar Year Recommendation: Approve the appointments to the 2023 City Committees and Outside Agency Committees. 3.K 23-65 Authorize the City Manager to Accept Partial Donations from the Magical Bridge Foundation and Make Partial Payments to the Magical Bridge Foundation for the Central Park Magical Bridge Playground Project Recommendation: Authorize the City Manager to accept partial donations from the Magical Bridge Foundation and make partial payments to the Magical Bridge Foundation for the Central Park Magical Bridge Playground Project. SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 4.A 23-1514 Action on Stadium Authority Bills and Claims for the Month of November 2022 Recommendation: Approve the list of Stadium Authority Bills and Claims for November 2022. 4.B 23-1367 Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of July 1 to September 30, 2022 Recommendation: Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding minutes for the period of July 1 to September 30, 2022. 4.C Action on Request Submitted by the Stadium Manager to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project) 4.C.1 23-113 Request from the Stadium Manager to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project) City of Santa Clara Page 6 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 4.C.2 23-125 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project) Recommendation: 1. Approve the Stadium Manager’s request to award a one-time agreement to Fluoresco Services, LLC to repaint select existing signage elements, install newly fabricated signage elements, and procure specified event-related signage products for Levi’s Stadium (Stadium Event Signage CapEx Project) in the amount of $120,695; 2. Authorize the Executive Director or his designee to approve the Stadium Manager’s execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and 3. Authorize the Executive Director or his designee to approve the Stadium Manager’s execution of change orders up to $4,028 of the contract cost, for a total not to exceed construction agreement amount of $124,723. 4.D Action on Request Submitted by the Stadium Manager to Award Purchase Orders to Valley Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit 4.D.1 23-132 Request from the Stadium Manager to Award Purchase Orders to Valley Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit City of Santa Clara Page 7 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 4.D.2 23-133 Report from the Stadium Authority for Action on Stadium Manager’s Request to Award Purchase Orders to Valley Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit Recommendation: 1. Approve the Stadium Manager’s request to award a purchase order to VTA in the amount of $3,900 for the annual Construction Access Permit and related training for Stadium Manager staff; 2. Approve payment via credit card to IPROVEIT in an amount not to exceed $500 for the background screenings of Stadium Manger staff as required by the VTA Construction Access Permit and shipping of badges; and 3. Approve the Stadium Manager’s request to award a purchase order to Benjamin Litho, Inc. in the amount of $153 to print cards for Guest Services. 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. 23-276 Public Hearing: Action on Amendment to the City of Santa Clara General Plan by Adopting an Updated Housing Element for the 2023-2031 Housing Element Cycle Recommendation: Alternatives: 1 & 2 1. Adopt a Resolution to Adopt the Addendum to the 2010-2035 General Plan Environmental Impact Report. 2. Adopt a Resolution to Amend the General Plan by Adopting an Updated Housing Element for the 2023-2031 Cycle. City of Santa Clara Page 8 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 Meeting 6. 23-1533 Public Hearing: Action on Appeal of Planning Commission Approval of a Variance to Maintain a 68 Square Foot Accessory Building in the Rear Yard of a Single-Family Residence, at a Site Located at 2121 Sheraton Drive, Santa Clara; and Action on a Class 1(e) CEQA Categorical Exemption Recommendation: Alternative 1: Sustain the appeal and overrule the Planning Commission’s approval of a Variance to maintain a 68 square foot accessory building in the rear yard of a single-family residence, at a site located at 2121 Sheraton Drive, Santa Clara 7. 23-89 Action on a Written Petition to Waive the Fees for City Services Related to Three (3) Baseball Fundraising Tournaments at Washington Park Ballfield Recommendation: In consideration of the City’s adopted Cost Recovery Policy and eligibility for a Community Grant Award, it is recommended that the Petitioner be directed to submit a grant request for eligible expenses to City’s Community Grant Award Program in an amount not to exceed $10,000 to offset tournament expenses. 8. 23-64 Action to Adopt a Resolution Approving and Adopting the Updated Unclassified Salary Plan for the position of City Attorney Recommendation: Adopt a Resolution to approve the revised unclassified salary plan for the position of City Attorney to satisfy the requirements of California Code of Regulations Section 570.5 effective March 1, 2023 REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 23-905 Update on City Council and Stadium Authority Staff Referrals 23-49 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, February 7, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 9 of 10 Printed on 1/26/2023 Council and Authorities Concurrent Meeting Agenda January 31, 2023 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 1/26/2023