City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, March 7, 2023 4:00 PM Hybrid Meeting City Hall Council Chambers/Virtual 1500 Warburton Avenue Santa Clara, CA 95050 The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom: o https://santaclaraca.zoom.us/j/99706759306 Meeting ID: 997-0675-9306 or How to Submit Written Public Comment Before City Council Meeting: 1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting. 2. By email to clerk@santaclaraca.gov by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email. NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting. Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Sana Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or Clerk@santaclaraca.gov. City of Santa Clara Page 1 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting Closed Session - 4:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION Call to Order in the Council Chambers Roll Call 1.A 23-267 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 1.B 23-330 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) Call to Order in the Council Chambers 7:00 PM JOINT COUNCIL/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 3.A 23-95 Recognition of STEM Winners for the Santa Clara County 2022 Synopsys Championship Science Fair City of Santa Clara Page 2 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 3.B 23-1546 Recognition of Kent Clerk as Santa Clara Fire Department Volunteer Firefighter 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 23-341 Action on November 1, 2022 Council and Authorities Concurrent and Special Santa Clara Stadium Authority; and November 15, 2022 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Recommendation: Approve the Meeting Minutes of November 1, 2022 Council and Authorities Concurrent and Special Santa Clara Stadium Authority; November 15, 2022 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority 4.B 23-08 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Youth Commission - January 10, 2023 Downtown Community Task Force - November 17, 2022 Parks & Recreation Commission - January 17, 2023 Senior Advisory Commission - January 23, 2023 4.C 23-221 Action on Bills and Claims Report (CC, SCSA) for the period January 7, 2023 - February 3, 2023 Recommendation: Approve the list of Bills and Claims for January 7, 2023 - February 3, 2023. 4.D 23-34 Action on a Resolution Ordering the Vacation of a Water Easement, Electric Easement, and Electric Easement Underground at 3710 El Camino Real Recommendation: 1. Adopt a Resolution Ordering the Vacation of a Water Easement, Electric Easement, and Electric Easement Underground at 3710 El Camino Real [APN 313-06-007 & 008 (2022-23); SC 22-0050]; and 2. Authorize the recordation of the Resolution. City of Santa Clara Page 3 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 4.E 23-98 Action to Delegate Authority to the City Manager to Negotiate and Execute an Agreement for Services with Energy and Environmental Economics, Inc. to Complete an Integrated Resources Plan (IRP) and Perform Related Services for Silicon Valley Power Recommendation: 1. Approve and authorize the City Manager to negotiate and execute an Agreement with Energy and Environmental Economics, Inc. to complete an Integrated Resources Plan (IRP) and perform related services for Silicon Valley Power , for a five-year term beginning on or around March 15, 2023, with a maximum compensation not to exceed $500,000; and 2. Authorize the City Manager to take any and all actions as are necessary or advisable to implement and administer the Agreement and negotiate and execute amendments to the Agreement to (a) add or delete services consistent with the scope of services; (b) incorporate future rate adjustments; and (c) increase total maximum compensation to an amount not to exceed $750,000, subject to the appropriation of funds. 4.F 23-59 Action on Agreement with GFI Entertainment, LLC for Concert Production and Stage Management Services for City Special Events Recommendation: 1. Authorize the City Manager to execute an agreement with GFI Entertainment, LLC for concert production and stage management services for a five-year term with maximum compensation not-to-exceed $455,508.46, subject to the appropriation of funds. 2. Authorize the City Manager to execute amendments to the agreement to modify the scope of services, including to add or reduce events, during the term of the agreement. City of Santa Clara Page 4 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 4.G 23-185 Action on the Agreement with Raimi & Associates, Inc. for Consultant Services to Revise the El Camino Real Specific Plan Draft Recommendation: 1. Authorize the City Manager to execute the Agreement with Raimi & Associates, Inc. to revise the El Camino Specific Plan Draft for a maximum compensation not to exceed $370,371; 2. Authorize the City Manager to execute amendments to the Agreement including increasing maximum compensation and extending the term as may be required to complete the El Camino Specific Plan, subject to the annual appropriation of funds. 4.H 23-187 Action on Agreement to Fund up to $266,000 for Modernization and Repair of an Aging Elevator at the Bill Wilson Safety Net Shelter at 3490 The Alameda in Santa Clara Recommendation: Alternative 1:Authorize the City Manager’s Office to negotiate and execute an agreement with Bill Wilson Center to fund up to $266,000 for the modernization and repair of an aging elevator at the Bill Wilson Safety Net Shelter at 3490 The Alameda in Santa Clara, subject to the availability of CDBG funds. 4.I 23-166 Action on Amendment No. 4 to the Agreement with Mintier Harnish, LP, for Preparation of the Zoning Code Update Recommendation: Approve and authorize the City Manager to execute Amendment No. 4 to the Agreement for the Performance of Services with Mintier Harnish, LP, for preparation of the Zoning Code Update to increase the total not to exceed amount by $50,000 for a total cost of $373,690 and extend the termination date to December 31, 2024. 4.J 23-244 Actions to Approve Various Modifications to Existing Classified Job Specifications and Adopt a Resolution Approving the Updated Classified Salary Plan Recommendation: Approve revisions to various existing classified class specifications, and adopt a resolution approving the updated classified salary plan to reflect the retitled classification of the Utility Conservation/Efficiency Coordinator City of Santa Clara Page 5 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 4.K 23-175 Action on Adoption of a Resolution Authorizing the Submittal of Application(s) for the California Department of Water Resources Urban Multi-Benefit Drought Relief Grant Program Recommendation: Adopt a Resolution authorizing the City Manager to apply for, accept, and execute a grant agreement with the California Department of Water Resources for the Urban Multi-Benefit Drought Relief Grant Program. 4.L 23-325 Action on a Resolution Approving the 2023 Salary Setting Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Salary Setting Commission Recommendation: Adopt a Resolution approving the 2023 Salary Setting Commission Calendar of Meetings, and setting the number and start time of regular Salary Setting Commission meetings. 4.M 23-127 Action to Adopt a Resolution Approving the Water Supply Assessment for 960 Central Expressway Recommendation: Adopt a Resolution approving the Water Supply Assessment for 960 Central Expressway. 4.N 23-327 Authorize the Office of the City Manager to execute the 2021-2025 Memorandum of Understanding Between the City of Santa Clara and the Engineers of the City of Santa Clara (Unit 4), that incorporates the terms of the Parties’ Joint Recommendation on terms for a successor Memorandum of Understanding, and Adoption of a Resolution to Update the Classified Salary Plan for Classifications represented by Unit 4. Recommendation: 1. Authorize the Office of the City Manager to execute the 2021-2025 Memorandum of Understanding Between the City of Santa Clara and the Engineers of the City of Santa Clara (Unit 4), with effective dates of December 20, 2021 - June 30, 2025, that incorporates the terms of the Parties’ Joint Recommendation on terms for a successor Memorandum of Understanding; and 2. Adoption of a Resolution to approve the revised salary plan for various classified positions to satisfy the requirements of California Code of Regulations Section 570.5. City of Santa Clara Page 6 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 4.O 23-1466 Action on Reappointment of Board and Commission Members, Declaring Commissioner Vacancies, and Setting Dates for Recruitment and Interviews Recommendation: 1. Reappoint the nine (9) eligible commissioners to serve a four-year term each ending June 30, 2027; 2. Declare seven (7) positions to fill: · Four (4) full terms each ending on June 30, 2027 on the following commissions: (two (2) on the Civil Service Commission, one (1) on the Senior Advisory Commission and one (1) on the Historic Landmarks Commission; · One (1) partial term ending on June 30, 2025 on the Civil Service Commission; and · One (1) partial term ending June 30, 2024 on the Planning Commission · One (1) partial term ending June 30, 2025 on the Cultural Commission 3. Set the recruitment to open on March 10, 2023 4. Set April 21, 2023 by 5:00 p.m. as the application deadline; and 5. Set May 15, 2023 to conduct interviews. City of Santa Clara Page 7 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 4.P 23-328 Action to Waive First Reading and Introduce an Ordinance Approving a Project to Remove Invasive Plants and Replant with Native Drought Tolerant Species at Ulistac Natural Area in Accordance with City Charter Section 714, and Approving a Resolution in Support of a Grant Application to Valley Water’s Safe, Clean Water Program; Determine that the proposed actions are categorically exempt from CEQA pursuant to Section 15304 and 15269(c) of Title 14 of the California Code of Regulations Recommendation: 1. Determine that the proposed actions are categorically exempt from CEQA pursuant to Section 15304 and 15269(c) of Title 14 of the California Code of Regulations; and 2. Approve a Resolution in Support of an Application to Valley Water’s Safe, Clean Water Program Project Grant for Invasive Plant Removal and Habitat Restoration Monitoring at Ulistac Natural Area; and, 3. Authorize the City Manager, or his designee, to conduct all negotiations, execute and submit all documents necessary for the application, administration, and completion of the project to remove invasive plants and replant with native drought tolerant species at Ulistac Natural Area, subject to budget authorization; and 4. Waive first reading and introduce an ordinance approving a Project to remove invasive plants and replant with native drought tolerant species at Ulistac Natural Area in accordance with City Charter Section 714. SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 5.A 23-256 Action on Stadium Authority Bills and Claims for the Month of January 2023 Recommendation: Approve the list of Stadium Authority Bills and Claims for January 2023. 5.B Action on Request Submitted the Stadium Manager to Execute Agreement with Global Water Technology, Inc. for Water Treatment Program and Related Services at Levi’s Stadium City of Santa Clara Page 8 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 5.B.1 23-299 Request from the Stadium Manager to Execute Agreement with Global Water Technology, Inc. for Water Treatment Program and Related Services at Levi’s Stadium 5.B.2 23-300 Report from Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Global Water Technology, Inc. for Water Treatment Program and Related Services at Levi’s Stadium Recommendation: Approve the Stadium Manager’s request to execute an agreement with Global Water Technology, Inc. for to provide a water treatment program and related services for a three-year period from April 1, 2023 to March 31, 2026, with the option to extend for additional two one-year periods, in an amount not to exceed $25,000 per contract year for a total not to exceed amount of $75,000 over the three-year period, subject to budget appropriations. 5.C Action on Request Submitted by the Stadium Manager to Execute Agreement with Advanced Integrated Pest Management (Advanced IPM) for Pest Control Services for Levi’s Stadium 5.C.1 23-306 Request from the Stadium Manager to Execute Agreement with Advanced Integrated Pest Management (Advanced IPM) for Pest Control Services for Levi’s Stadium 5.C.2 23-307 Report from Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Advanced Integrated Pest Management (Advanced IPM) for Pest Control Services for Levi’s Stadium Recommendation: Approve the Stadium Manager’s request to execute an agreement with Advanced IPM for pest control services for Levi’s Stadium for a three-year period beginning April 1, 2023 through March 31, 2026, with the option to extend for two additional one-year periods, in an amount not to exceed $85,000 for the first contract year and $82,500 for the second and third contract years for a total not to exceed amount of $250,000 over the three-year period, subject to budget appropriations. City of Santa Clara Page 9 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 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 6. 23-351 Action on Adoption of Resolution to Delegate Signature Authority and Appoint Acting Director of Emergency Services Recommendation: Adopt the Resolution to Delegate Signature Authority and Appoint Acting Director of Emergency Services 7. 23-274 Action on Resolution for an Exception to the 180 Day Waiting Period to Appoint Retired Annuitant, Eric Calleja, to Serve as Temporary Extra Help (Per Government Code Sections 7522.56 and 21224) in the Community Development Department to Perform Work as a Housing Development Officer Recommendation: Alternative 1: Adopt the attached Resolution for an Exception to the 180 Day Waiting Period To Appoint, Eric Calleja, A Retired Annuitant To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224) in the Community Development Department to Perform Work as a Housing Development Officer City of Santa Clara Page 10 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting 8. 23-264 Action to Waive First Reading and Approve Introduction of an Ordinance Amending Sections 17.30.040 (“Supplies, Goods and Equipment”), 17.30.080 (“Best Value Selection Procedures”), 17.30.090 (“Formal Bidding Procedure”), 17.30.120 (“Service Contracts - Signature Authority”), and 17.30.130 (“Public Works”) of Title 17 (“Development”) of “The Code of the City of Santa Clara, California” to Provide the Executive Director of the Stadium Authority With Signature Authority For Contracts Up To $100,000 in Allocated Value Recommendation: Waive First Reading and approve the Introduction of an Ordinance amending Sections 17.30.040 (“Supplies, Goods and Equipment”), 17.30.080 (“Best Value Selection Procedures”), 17.30.090 (“Formal Bidding Procedure”), 17.30.120 (“Service Contracts - Signature Authority”), and 17.30.130 (“Public Works”) of Title 17 (“Development”) of “The Code of the City of Santa Clara, California” to provide the Stadium Authority Executive Director with signature authority to execute contracts for services and public works and to acquire supplies, goods, and equipment, in an amount up to and including $100,000 as allocated to and authorized by the Stadium Authority by adoption of the annual budget. 9. 23-238 Action on a Resolution Declaring City-Owned Property Located at 2319 Gianera Street as Surplus Land as Required by State Law [APNs: 104-05-052] Recommendation: Alternative 1: Approve a Resolution Declaring City-Owned Property Located at 2319 Gianera Street Surplus. SANTA CLARA STADIUM AUTHORITY GENERAL BUSINESS 10. 23-1479 Action on the Proposed Santa Clara Stadium Authority Fiscal Year 2023/24 Budget, Stadium Operation and Maintenance Plan, and 2023 Non-NFL Events Marketing Plan Recommendation: Staff recommends Alternatives 1 and 2: 1. Adopt the Santa Clara Stadium Authority Fiscal Year 2023/24 Operating, Debt Service, and Capital Budget; 2. Note and file the 2023 Marketing Plan. City of Santa Clara Page 11 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 7, 2023 Meeting REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 23-334 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, March 21, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 12 of 13 Printed on 3/2/2023 Council and Authorities Concurrent Meeting Agenda March 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. STREAMING SERVICES: 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. Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda. 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 13 of 13 Printed on 3/2/2023