City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, May 23, 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 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 7:00 PM JOINT 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 Roll Call CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 1.A 23-500 Proclaim May 2023 as Asian American Pacific Islander Heritage Month 1.B 23-451 Recognition of the Recipients of the Silicon Valley Power Sustainable Future Scholarship Program at Santa Clara University 1.C 23-140 Proclamation of National Public Works Week 2023 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.] 2.A 23-683 Action on the Minutes of April 4, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting and the April 18, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting Recommendation: Approve the Meeting Minutes Action on the Minutes April 4, 2023 Council and Authorities Concurrent Special Santa Clara Stadium Authority Meeting and the April 18, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting. City of Santa Clara Page 2 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 2.B 23-13 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Youth Commission - March 14, 2023 Cultural Commission - April 3, 2023 Youth Commission - April 11, 2023 Parks & Recreation Commission - April 18, 2023 2.C 23-337 Action on Monthly Financial Status and Investment Reports for February and March 2023 and Approve the Related Budget Amendments Recommendation: Note and file the Monthly Financial Status and Investment Reports for February and March 2023 as presented and Approve the Related Budget Amendments (five affirmative Council votes required to appropriate additional revenue or for the use of unused balances). 2.D 23-520 Action on the Santa Clara Convention Center FY 2022/23 3rd Quarter Financial Status Report Recommendation: Note and file the Santa Clara Convention Center Financial Status Report for the 3rd Quarter ending March 31, 2023, as submitted by OVG. 2.E 23-252 Action on a Vesting Tentative Map for 3000 Patrick Henry Drive (CEQA: Addendum to the Patrick Henry Drive Specific Plan EIR) Recommendation: Adopt a resolution to approve the Vesting Tentative Map to subdivide the existing lot into two lots with one condominium unit at 3000 Patrick Henry Drive. City of Santa Clara Page 3 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 2.F 23-472 Action on an Agreement with CSG Consultants, Inc. for Design Professional Services for the Miscellaneous Asphalt and Concrete Maintenance and Repairs Project and Related Budget Amendments Recommendation: 1. Approve and authorize the City Manager to execute an Agreement with CSG Consultants, Inc. for the Miscellaneous Asphalt and Concrete Maintenance and Repairs Project in the amount not-to-exceed $293,710, in substantially the form presented, in a final form approved by the City Attorney; 2. Authorize the City Manager to make minor, non-substantive modifications, including time extensions, to the Agreement, if needed: 3. Approve the following FY 2022/23 Budget Amendments (five affirmative Council votes required for the use of unused balances or to appropriate additional revenue): A. In the Water Utility Capital Fund, increase the Transfer to the Public Buildings Capital Fund in the amount of $11,781 and decrease the Unrestricted Ending Fund Balance in the same amount; B. In the Sewer Utility Fund, establish a Transfer to the Public Buildings Capital Fund in the amount of $119,119 and decrease the Unrestricted Ending Fund Balance in the same amount; C. In the Library Department Capital Fund, decrease the Central Park Library - Concrete Sidewalk Replacement project in the amount of $57,300 and establish a Transfer to the Public Buildings Capital Fund of $57,300; D. In the Convention Center Maintenance District Fund, decrease the Public Works Department budget by $71,700 and establish a Transfer to the Public Buildings Capital Fund of $71,700; and E. In the Public Buildings Capital Fund, recognize each transfer totaling $259,900 and increase the Public Building Parking Lot Improvements Project appropriation by $259,900. City of Santa Clara Page 4 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 2.G 23-393 Action on Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. for Development Plan Review and Field Inspection Services Recommendation: 1. Approve and Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. for Development Plan Review and Field Inspection Services, in substantially the form presented, in a final form approved by the City Attorney. 2. Authorize the City Manager to make minor modifications, including time extensions, to the agreement if necessary, on forms approved by the City Attorney. 2.H 23-579 Authorize the City Manager to Negotiate and Execute Lease Extensions for 1000 Lafayette Street (Peddler’s Plaza) to May 31, 2024 Recommendation: Authorize the City Manager to negotiate and execute amendments to the existing leases for the commercial spaces at 1000 Lafayette to extend the term of each lease to May 31, 2024 in final forms approved by the City Attorney. 2.I 23-475 Action on Amendment No. 3 to the Shopping Center Lease Agreement with Colliers International to Lease Space at Rivermark Village for the Police Northside Substation Extending the Term to May 31, 2028 Recommendation: Approve Amendment No. 3 to the Shopping Center Lease Agreement with Colliers International to Lease Space at Rivermark Village for the Police Northside Substation Extending the Term to May 31, 2028 2.J 23-1247 Action to Adopt a Resolution of the City of Santa Clara, California Amending the Administrative Penalty Schedule to Add Penalties for Violations of “The Code of the City of Santa Clara, California” Chapter 8.26 (Edible Food Recovery) Recommendation: Adopt a Resolution of the City of Santa Clara, California amending the Administrative Penalty Schedule to add penalties for violations of “The Code of the City of Santa Clara, California” Chapter 8.26 (Edible Food Recovery). City of Santa Clara Page 5 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 2.K 23-103 Action on a Resolution Authorizing the Use of City Electric Forces at 1790 Warburton Avenue 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 located at 1790 Warburton Avenue. 2.L 23-509 Action on a Resolution to Certify Compliance with State Housing Laws for Purposes for Participation in the One Bay Area Grant Program Recommendation: Adopt a Resolution self-certifying compliance with state housing laws for the purpose of receiving an OBAG 3 grant for bicycle and pedestrian improvements in the area surrounding City Hall. 2.M 23-498 Action on a Special Permit for a Private Concert Event at Stevens Stadium on the Santa Clara University Campus (CEQA: Class 23 Categorical Exemption - Normal Operations of Facilities for Public Gatherings) Recommendation: 1. Approve the use of a Class 23 Categorical Exemption, and 2. Approve the Special Permit to allow a private concert event at Stevens Stadium on the Santa Clara University Campus, subject to conditions. 2.N 23-636 Action to Approve Modifications to Existing Code Enforcement Technician (Job Code 329) Class Specification Recommendation: Approve modifications to existing Code Enforcement Technician (Job Code 329) class specification. City of Santa Clara Page 6 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 2.O 23-480 Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs Recommendation: 1. Approve and authorize the City Manager to execute the Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs for FY 2023/24 in substantially the form presented, and in a final form approved by the City Attorney; 2. Authorize the City Manager to execute a subsequent MOU to fund food recovery program costs from FY 2024/25 through FY 2029/30 with the same funding structure as the FY 2023/24 MOU in final forms approved by the City Attorney; and 3. Authorize the City Manage to execute future amendments to the FY 2024/25 - FY 2029/30 food recovery program cost MOU which update annual costs on a per generator basis and minor changes to the base and infrastructure enhancements program in final forms approved by the City Attorney. 2.P 23-622 Action on Reappointment of Board and Commission Members to a Second Term Ending June 30, 2027 Recommendation: 1. Reappoint the nine (9) eligible commissioners to serve a four-year term each ending June 30, 2027. 2. For any Board or Commission member not proposed for reappointment, base such decision on the objective criteria presented by staff, above, and refer to position to the City Clerk for posting, recruitment, interviews and appointment. City of Santa Clara Page 7 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 2.Q 23-667 Action to Declare Upcoming Bicycle and Pedestrian Advisory Committee Vacancies and Setting Dates for Recruitment and Interviews Recommendation: 1. Declare three (3) vacancies for the BPAC effective June 30, 2023; 2. Open recruitment for such three (3) vacancies on May 24, 2023 for a four-year term expiring June 30, 2027; 3. Set the application deadline on June 26, 2023 at 5:00 p.m.; and 4. Set interviews on or around July 17, 2023. 2.R 23-686 Action to Waive Second Reading and Adopt Ordinance No. 2061 amending 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 Second Reading and Adopt Ordinance No. 2061 amending 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 SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 3.A 23-491 Action on Stadium Authority Bills and Claims for the Month of March 2023 Recommendation: Approve the list of Stadium Authority Bills and Claims for March 2023. City of Santa Clara Page 8 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 3.B 23-639 Action on Third Amendment to SBL Website Marketing Agreement with STR Marketplace, LLC Recommendation: Approve and authorize the Executive Director to execute the Third Amendment to the SBL Website Marketing Agreement with STR to extend the term by four years to May 31, 2027. 3.C 23-618 Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of January 1 to March 31, 2023 Recommendation: Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding summaries for the period of January 1 to March 31, 2023. 3.D Action on Request Submitted by Stadium Manager to Execute Agreement with Integrated Communication Systems (ICS) for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium 3.D.1 23-659 Request from Stadium Manager to Execute Agreement with Integrated Communication Systems (ICS) for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium City of Santa Clara Page 9 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 3.D.2 23-660 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Integrated Communication Systems (ICS) for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium Recommendation: 1. Approve the Stadium Manager’s request to execute an Agreement with Integrated Communication Systems (ICS) to provide fire alarm testing, inspection, maintenance, and related services at Levi’s Stadium for a three-year period beginning June 1, 2023 through March 31, 2026, in an amount not to exceed $115,000 for the first contract year, $117,000 for the second contract year, and $120,000 for the third contract year, for a total not to exceed amount of $352,000 over the three-year period, subject to budget appropriations; and 2. Authorize Executive Director to approve the Stadium Manager’s exercise of the option to extend the agreement with the same basic terms and conditions for two additional one-year periods, subject to budget appropriations. STADIUM AUTHORITY CONSENT ITEM PULLED FOR DISCUSSION AND DEFERRED FROM APRIL 4, 2023 4. Action on Request Submitted by the Stadium Manager for Retroactive Approval of Incurred Expenses for Non-NFL Events-Related Marketing, Networking, Travel, and Entertainment Activities (Deferred from April 4, 2023) 4.A. 23-573 Request from the Stadium Manager for Retroactive Approval of Incurred Expenses for Non-NFL Events-Related Marketing, Networking, Travel, and Entertainment Activities (Deferred from April 4, 2023) City of Santa Clara Page 10 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 4.B. 23-574 Report from the Stadium Authority for Action on Stadium Manager’s Request for Retroactive Approval of Incurred Expenses for Non-NFL Events-Related Marketing, Networking, Travel, and Entertainment Activities (Deferred from April 4, 2023) Recommendation: Approve the Stadium Manager’s request for retroactive approval of expenses incurred by the Stadium Manager on behalf of the Stadium Authority in the amount of $39,407 for the FY 2022/23 Non-NFL Events-related marketing, networking, travel, and entertainment activities, including client entertainment with alcohol, described in this report. 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. 23-249 Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481 Recommendation: Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481 City of Santa Clara Page 11 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 6. 23-173 Public Hearing: Adoption of a Resolution Setting Rates for Overall Solid Waste Services and Annual Clean-up Campaign in the Exclusive Franchise Area Recommendation: Alternative 1: Adopt a Resolution setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2023. 7. 23-479 Public Hearing: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers, Effective July 1, 2023 Recommendation: Adopt a Resolution amending City Rate Schedules for Electric Utility Services to increase Electric Rates and Charges in each Rate Schedule by 5.0%, effective July 1, 2023. SANTA CLARA STADIUM AUTHORITY GENERAL BUSINESS 8. 23-680 Report on Status of Obtaining FIFA World Cup 2026 Documents at Levi’s Stadium and Potential Action on Terms for an Information Sharing Agreement and Guiding Principles for FIFA World Cup 2026 Events Recommendation: 1. Adopt the Santa Clara City Council Guiding Principles for World Cup 2026; and 2. Direct the City Manager/Executive Director and City Attorney/Stadium Authority Counsel to negotiate and execute an Information Sharing and Event Cooperation Agreement with Bay Area Host Committee, United States Soccer Federation, Federation Internationale de Football Association, and Forty Niners Stadium Management Company LLC to facilitate the sharing of information on substantially the terms presented, in a final form approved by the City Attorney. WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL City of Santa Clara Page 12 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 2023 Meeting 9. 23-603 Action on a Written Petition (Council Policy 030), Submitted by Mary Grizzle Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss Santa Clara Civic Center Relocation Study Flaw: Change Two of the Study’s Focus Cities Recommendation: Staff makes no recommendation. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT 23-391 Update on City Council and Stadium Authority Staff Referrals 23-605 Tentative Meeting Agenda Calendar (TMAC) ADJOURNMENT The next regular scheduled meeting is on Tuesday, June 6, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 13 of 14 Printed on 5/19/2023 Council and Authorities Concurrent Meeting Agenda May 23, 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 14 of 14 Printed on 5/19/2023