City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, February 7, 2023 3:00 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 (located at the Legislative Public Meetings Page https://santaclara.legistar.com/Calendar.aspx) 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 February 7, 2023, at 3:00 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 - 3:00 PM | Regular Meeting - 7:00 PM 3:00 PM CLOSED SESSION Call to Order in the Council Chambers Roll Call City of Santa Clara Page 1 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 1.A 23-204 Public Employment Appointment (Government Code §§ 54957, subd. (b)(1) and 54954.5, subd. (e)) Title: Interim City Manager 1.B 23-72 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) County Sanitation District 2-3, et al. v. City of Santa Clara, et al., Santa Clara County Superior Court Case No. 18CV325480 (Deferred from January 7, 2023) 1.C 23-128 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Bloom Energy Corporation, et al. v. City of Santa Clara, et al., Santa Clara County Superior Court Case No. 21CV383800 1.D 23-35 Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1) Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority, JAMS Consolidated Case No. 1110024318 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) Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS COUNCIL CONSENT ITEMS PULLED FOR DISCUSSION AND DEFERRED FROM JANUARY 31, 2023 City of Santa Clara Page 2 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 2.A 23-205 Board, Commissions and Committee Minutes (Deferred from January 31, 2023) Recommendation: Note and file the Minutes of: Parks & Recreation Commission - November 15, 2022 2.B 23-198 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 (Deferred from January 31, 2023) 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). 2.C 23-199 Action on Appointments to City Committees and Outside Agency Committees for the 2023 Calendar Year (Deferred from January 31, 2023) Recommendation: Approve the appointments to the 2023 City Committees and Outside Agency Committees. STADIUM AUTHORITY CONSENT ITEMS PULLED FOR DISCUSSION AND DEFERRED FROM JANUARY 31, 2023 3.A 23-200 Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of July 1 to September 30, 2022 (Deferred from January 31, 2023) 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. City of Santa Clara Page 3 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 3.B 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) (Deferred from January 31, 2023) 3.B.1 23-201 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) (Deferred from January 31, 2023) 3.B.2 23-202 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) (Deferred from January 31, 2023) 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’s Office consistent with properly delegated authority or existing policy 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’s Office consistent with properly delegated authority or existing policy 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. City of Santa Clara Page 4 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 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.] 4.A 23-53 Action on Bills and Claims Report (CC, SCSA, HA, SOSA) for the period December 4, 2022 - January 6, 2023 Recommendation: Approve the list of Bills and Claims for December 4, 2022 - January 6, 2023. 4.B 23-1517 Action on an Agreement with O’Dell Engineering, Inc. for Design Professional Services for the Warburton Park Playground Rehabilitation Project Recommendation: 1. Authorize the City Manager to execute an agreement with O’Dell Engineering, Inc. to provide professional engineering services for the Warburton Park Playground Rehabilitation Project, with maximum compensation not-to-exceed $128,425; 2. Authorize the City Manager or his/her designee to execute change orders limited to the deletion, addition, or modification of services, which result in no change to the compensation or any other term or condition of the Agreement with O’Dell Engineering, Inc.; and 3. Authorize the City Manager to execute amendments to the Agreement with O’Dell Engineering, Inc. to make minor revisions and to extend the term, as needed. 4.C 23-1532 Action on an Agreement with David L. Gates & Associates, Inc. for Design Professional Services for the Henry Schmidt Park Playground Rehabilitation Project Recommendation: 1. Authorize the City Manager to execute an agreement with David L. Gates, Inc. to provide professional design and engineering services for the Henry Schmidt Park Playground Rehabilitation Project, with maximum compensation not-to-exceed $109,566; and 2. Authorize the City Manager to execute amendments to the Agreement with David L. Gates, Inc. to make minor revisions and to extend the term, as needed. City of Santa Clara Page 5 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 4.D 23-94 Action to Authorize the City Manager to Complete Negotiations, Approve and Execute an Energy Storage Agreement and Lease Agreement with Kifer Energy Storage, LLC and Equipment Procurement Recommendation: 1. Authorize the City Manager to negotiate, approve, and execute the following agreements with Kifer Energy Storage, LLC: a) an Energy Storage Agreement for the purchase of energy storage services from the BESS project; and b) Lease Agreement to locate the BESS project at 3025 Raymond Street in the City of Santa Clara; 2. Authorize the City Manager, or designee, to execute all related documents or agreements, including but not limited to, collateral assignment agreements; and take any and all actions as are necessary or advisable to implement and administer the Energy Storage Agreement and Lease Agreement; 3. Authorize City Manager to approve and execute amendments to the Energy Storage Agreement and Lease Agreement, as may be required from time to time, so long as the contract price and length of the agreements remain unchanged; and 4. Authorize the City Manager to procure long lead equipment for the BESS project and execute any related agreements. City of Santa Clara Page 6 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 4.E 23-1418 Action on Approval of the Spending Plan for Supplemental Law Enforcement Services Fund and Related Budget Amendment Recommendation: 1. Approve the spending plan for funds received from the Citizen’s Option for Public Safety Programs Supplemental Law Enforcement Services Fund; and 2. Approve a FY 2022/23 budget amendment in the Police Operating Grant Trust Fund to recognize revenue in the amount of $130,737 for the COPS 22 grant and $200,980 for the COPS 23 grant, increase the Citizen’s Option for Public Safety FY 2021/22 appropriation in the amount of $130,737, and establish the Citizen’s Option for Public Safety FY 2022/23 appropriation in the amount of $200,980 (five affirmative Council votes required to appropriate additional revenue). 4.F 23-170 Approve Budget Amendments for the 2021 Staffing for Adequate Fire and Emergency Response (SAFER) Grant Award, and Unfreeze 12.0 Firefighter I/II Positions and Add 6.0 Firefighter I/II Positions to be Funded by the 2021 SAFER Grant Recommendation: 1. Approve the FY 2022/23 budget amendment in the Fire Operating Grant Trust Fund to recognize revenue from the Department of Homeland Security in the amount of $563,484 and establish a FY 2021 SAFER grant appropriation in the amount of $563,484 ( five affirmative Council votes required to appropriate additional revenue); and 2. Approve the unfreezing of 12.0.0 Firefighter I/II positions and addition of 6.0 Firefighter I/II positions in the Fire Department. 4.G 23-176 Action on a Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services Recommendation: Adopt a Resolution Terminating the Proclamation of Existence of a Local Emergency by the Director of Emergency Services. City of Santa Clara Page 7 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 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. 23-51 Receive Silicon Valley Power Quarterly Update Recommendation: Note and file the Silicon Valley Power Quarterly Update. 6. 23-1452 Report on a Written Petition (Council Policy 030) Submitted by Councilmember Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Allocating up to $150,000 to Create a Neighborhood Stadium Relations Committee Using Funds from the Stadium Authority Budget Recommendation: Staff makes no recommendation. 7. 23-74 Informational Report on a Written Petition (Council Policy 030) Submitted by Anurag Aggrawal and Ajay Thadhlani and Other Residents of North Santa Clara Near Levi’s Stadium which Requested a Debrief of the Noise Levels Associated with the Coldplay Concert Held on Sunday, May 19, 2022. (Deferred from January 10, 2023) Recommendation: Note and File the Informational Report 8. 23-88 Report on Noise from New Construction that was Approved by the City as Requested Through a Written Petition (Council Policy 030), Submitted by Joseph P. Goschy Recommendation: Note and file the report. City of Santa Clara Page 8 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 2023 Meeting 9. 23-213 Action on a Resolution to Approve an Employment Agreement between the City of Santa Clara and Jovan D. Grogan for City Manager Appointment, Annual Salary of Four Hundred and Five Thousand and Fifty-Six Dollars, and Forty Cents ($405,056.40) and Resolution to Amend Salary Survey for the City Manager Position to Reflect the Same Recommendation: 1. Action on Appointment of City Manager and Approval of the Employment Agreement between City of Santa Clara and Jovan Grogan effective May 1, 2023, which sets the annual salary at $405,056.40 and terms and conditions of employment; and 2. Adopt a Resolution to approve the revised unclassified salary plan for the position of City Manager to satisfy the requirements of California Code of Regulations Section 570.5 effective May 1, 2023 REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 23-50 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, February 21, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 9 of 10 Printed on 2/3/2023 Council and Authorities Concurrent Meeting Agenda February 7, 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 2/3/2023