City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, May 9, 2023 7:00 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 o Phone 1(669) 900-6833 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 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 2023 Meeting Closed Session - 4:00 PM | Study Session - 5:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION Call to Order in the Council Chambers Roll Call 1.A 23-616 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8 Property: 2435 Lafayette Street, Santa Clara, CA 95050; APN 224-35-020 City/Authority Negotiator: Jōvan D. Grogan, City Manager (or designee) Negotiating Parties: Wesco Properties, Inc./Home Depot Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment) 1.B 23-617 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) City of Santa Clara v. Wesco Properties, Inc. et al., Santa Clara County Superior Court Case No. 21CV380278 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) 5:00 PM STUDY SESSION Call to Order in the Council Chambers 2. 23-142 Study Session to review Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Budget Changes Recommendation: 1. Review and provide input on the Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Amendments. 7:00 PM COUNCIL REGULAR MEETING *Open Session to begin at 7:00 PM or shortly thereafter. City of Santa Clara Page 2 of 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 2023 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 SPECIAL ORDER OF BUSINESS 3.A 23-562 Action on the Appointment of Youth Commissioners for the FY2023/24 Term Recommendation: That Council take the following actions related to the FY2023/24 Youth Commission: a) reappoint Aarva Gupta, Jasmine Kelly-Tanti, Khadeejah Khan, Malia Martin, Hiranya Parekh, Rajvi Khanjan Shroff, Samarth Suresh and Sarah Zuo as Youth Commissioners; b) appoint Simren Garg, Fatimah Ismail, Ryan Kim, Kira Liang, Keith Maben, Samaria Mehta and Sudeepthi Ravipati as Youth Commissioners; and, c) appoint Namita Gaidhani and Maryam Ismail as alternates to the Youth Commission. 3.B 23-561 Recognition of Outgoing Youth Commission Members for FY2022/23 3.C 23-450 Recognition of Red Cross Month and Volunteers of the Red Cross 3.D 23-540 Proclamation of Drinking Water Week May 7-13, 2023 3.E 23-483 Presentation by the Senior Advisory Commission on the Upcoming “Be Strong, Live Long” 2023 Health & Wellness Fair 3.F 23-587 Recognition of Volunteer Donna West 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 3 of 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 2023 Meeting 4.A 23-12 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Bicycle and Pedestrian Advisory Committee - October 24, 2022 Bicycle and Pedestrian Advisory Committee - January 23, 2023 Planning Commission - January 11, 2023 Parks & Recreation Commission - March 21, 2023 Senior Advisory Commission - March 27, 2023 4.B 23-488 Action on Bills and Claims Report (CC, SCSA, HA) for the period March 4, 2023 - April 7, 2023 Recommendation: Approve the list of Bills and Claims for March 4, 2023 - April 7, 2023. 4.C 23-102 Authorize the City Manager to Negotiate and Execute an Agreement for Services with Cormetech, Inc. for the Replacement of Two Selective Catalytic Reduction Nitrogen Oxides Catalysts and to Provide Ongoing Catalyst Sampling, Testing, Inspection, and Maintenance Services at the Donald Von Raesfeld Power Plant for Silicon Valley Power Recommendation: 1. Determine that the proposed actions are categorically exempt from CEQA pursuant to Section 15301 of Title 14 of the California Code of Regulations; 2. Authorize the City Manager to negotiate and execute an Agreement for Services with Cormetech, Inc. with a maximum compensation not to exceed $1,000,000 over a five-year term and take any necessary or advisable actions to implement and administer the Agreement; and 3. Authorize the City Manager to negotiate and execute amendments to the Agreement to (a) add or delete services consistent with the scope of the services for the Agreement, (b) incorporate future rate adjustments, and (c) increase maximum compensation if required up to a maximum compensation of $1,500,000, subject to the appropriation of funds. City of Santa Clara Page 4 of 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 2023 Meeting 4.D 23-423 Action on Agreement with Noll and Tam Architects for Professional Services for the Patrick Henry Drive Specific Plan Community Art Center Project and Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute an Agreement with Noll and Tam Architects to provide professional services for the Patrick Henry Drive Specific Plan Community Art Center, in substantially the form presented, with maximum compensation not-to-exceed $529,353, in a final form approved by the City Attorney; 2. Authorize the City Manager to execute change orders limited to the deletion, addition, or modification of services, which result in no increase to the compensation or any other term or condition of the Agreement; 3. Authorize the City Manager to execute amendments to the Agreement to make minor revisions and to extend the term of the agreement as required to complete the project; and 4. Approve the following FY 2022/23 budget amendment in the Parks and Recreation Capital Fund to establish a Patrick Henry Drive Specific Plan Community Art Center Project, establish a project appropriation in the amount of $529,353, and decrease the Mitigation Fee Act fund balance by the same amount (five affirmative Council votes required for the use of unused balances). 4.E 23-331 Action on a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2023/24 Recommendation: Adopt a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2023/24. City of Santa Clara Page 5 of 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 2023 Meeting 4.F 23-104 Action on a Resolution Regarding the City of Santa Clara’s Intention to Issue Tax-exempt Electric System Bonds for Reimbursement of Expenditures for Certain Capital Improvement Projects of Silicon Valley Power Recommendation: Adopt a Resolution regarding the City of Santa Clara’s intention to issue tax-exempt electric system bonds for reimbursement of expenditures for certain Capital Improvement Projects of Silicon Valley Power. 4.G 23-349 Action on a Resolution to Adopt a List of Projects Funded by Senate Bill 1, The Road Repair and Accountability Act, for Fiscal Year 2023-24 Recommendation: Adopt a Resolution to Adopt a List of Projects Funded by Senate Bill 1, The Road Repair and Accountability Act, for Fiscal Year 2023-24 . 4.H 23-566 Action on a Resolution approving the 2023 Deferred Compensation Committee Calendar of Meetings, and setting the Number and Start Time of Regular Meetings of the Deferred Compensation Committee. Recommendation: Adopt a Resolution approving the 2023 Deferred Compensation Committee Calendar of Meetings, and setting the number and start time of regular Deferred Compensation Committee meetings for 2023. 4.I 23-487 Action to Adopt a Resolution to Terminate the Proclamation of Emergency Drought Conditions, Continue Stage 2 of the Water Shortage Contingency Plan, and Establish a 15% Voluntary Water Use Reduction Recommendation: 1. Adopt a Resolution to Terminate the Proclamation of Emergency Drought Conditions, Continue Stage 2 of the Water Shortage Contingency Plan, and Adopt a 15% Voluntary Water Use Reduction Compared to 2019 Usage in Alignment with the Valley Water. City of Santa Clara Page 6 of 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 2023 Meeting 4.J 23-138 Waive First Reading and take Action on the Introduction of an Ordinance to Repeal Chapter 15.45 (Prevention of Flood Damage Code) and Adopt the New Floodplain Management Ordinance Establishing a New Chapter 15.45 (Floodplain Management Regulations) of the Santa Clara City Code. (CEQA: Exempt Pursuant to CEQA Guidelines Section 15061(b) (3), Projects Which Do Not Have the Potential for Causing a Significant Effect on the Environment) Recommendation: Alternative 1: Repeal Chapter 15.45 (Prevention of Flood Damage Code) and adopt the new Floodplain Management Ordinance establishing a new Chapter 15.45 (Floodplain Management Regulations). 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. 23-181 Public Hearing: FY23/24 FINAL Annual Action Plan for the Use of Federal Housing and Urban Development Grant Funds Recommendation: 1. Approve the 2023-2024 FINAL Annual Action Plan, and direct staff to incorporate all public comment into the final version prior to submission to Housing and Urban Development by May 15, 2023. City of Santa Clara Page 7 of 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 2023 Meeting 6. 23-556 Public Hearing: Waive First Reading and take Action on the Introduction of an Ordinance to Amend Zoning Code Section 18.60.050 to Permit Fuel Cells and Photovoltaic Panels as an Allowable Use without Need for a Use Permit, as well as Require Other Electric Power Plants to Adhere to State of California Emissions Requirements in MP - Planned Industrial, ML - Light Industrial, MH - Heavy Industrial, B - Public, Quasi-Public, and Public Park or Recreation, and PD - Planned Development Zoning Districts Recommendation: Waive First Reading and Introduce an Ordinance to Amend Zoning Code Section 18.60.050 to Permit Fuel Cells and Photovoltaic Panels as an Allowable Use without Need for a Use Permit, as well as Require Other Electric Power Plants to Adhere to State of California Emissions Requirements in MP - Planned Industrial, ML - Light Industrial, MH - Heavy Industrial, B - Public, Quasi-Public, and Public Park or Recreation, and PD - Planned Development Zoning Districts REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 23-634 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, May 23, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 8 of 9 Printed on 5/4/2023 Council and Authorities Concurrent Meeting Agenda May 9, 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 9 of 9 Printed on 5/4/2023