City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, September 19, 2023 5:00 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 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting Closed Session - 5:00 PM | Regular Meeting - 7:00 PM 5:00 PM CLOSED SESSION Call to Order in Council Chambers Roll Call 1.A 23-576 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) William Kelly v. City of Santa Clara, Workers Compensation Appeals Board Case Number ADJ16898646 1.B 23-1123 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), Manuel Pineda, F. Gale Connor Negotiating Parties: Home Depot Under Negotiation: Purchase of Real Property interest(s) (price and terms of payment) 1.C 23-1124 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, (including Home Depot), Santa Clara County Superior Court Case No. 21CV380278 City of Santa Clara Page 2 of 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting 1.D 23-1153 Conference with Real Property Negotiators (SARDA) Pursuant to Gov. Code § 54956.8 Property: 5201 Great America Parkway, Santa Clara, California 95054 (APN: 104-55-013) SARDA/City Negotiators: Jōvan D. Grogan, Ruth Shikada, Sujata Reuter, Elizabeth Klotz, and Eastdil Secured Negotiating Parties: Successor Agency to Redevelopment Agency (SARDA)/City of Santa Clara and Techmart Owner, LLC Under Negotiation: Purchase of Real Property interest(s), price and terms of payment 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 JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING *Open session to begin at 7:00 PM or shortly thereafter. Call to Order in Council Chambers Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 2.A 23-1114 Proclamation of the First Full Week of October 1-7, 2023, as Public Power Week 2.B 23-1144 Proclaim September World Alzheimer’s Awareness Month 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 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting 3.A 23-21 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Historical and Landmarks Commission - June 29, 2023 3.B 23-1029 Action on Bills and Claims Report (CC, SCSA, HA) for the period July 15, 2023 - August 11, 2023 Recommendation: Approve the list of Bills and Claims for July 15, 2023 - August 11, 2023. 3.C 23-978 Action to Adopt a Resolution Amending the FY 2023/24 Municipal Fee Schedule to Delete the Existing Penalties for Late Payment of Certified Unified Program Agency (CUPA) Operational Permit Fees and Add a Late Payment of CUPA Operational Permit Fee at a Rate of 50% of Assessed Fee Not to Exceed $500 for Delinquencies in Excess of 30 Days Recommendation: Adopt a Resolution Amending the FY 2023/24 Municipal Fee Schedule to delete the existing penalties for Late Payment of Certified Unified Program Agency (CUPA) Operational Permit Fees and add a late payment of CUPA Operational Permit Fee at a rate of 50% of Assessed Fee Not to Exceed $500 for delinquencies in excess of 30 days, as outlined in Attachment 1. City of Santa Clara Page 4 of 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting 3.D 23-858 Action to Approve Amendment No. 1 to the Memorandum of Understanding with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) Program and Approve the Related Budget Amendment Recommendation: 1. Authorize the City Manager to Execute Amendment No. 1 to the Memorandum of Understanding with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) Program to extend the term to December 31, 2025 and increase the not-to-exceed amount to $250,000, in a final form approved by the City Attorney; 2. Authorize the City Manager to negotiate and execute future addendums to (a) extend the term of the agreement for up to two additional years through December 31, 2027; and (b) revise the maximum compensation of for the PERT program should additional grant funds become available for a maximum not-to-exceed amount of $500,000 subject to budget appropriations and review and approval as to form by the City Attorney; and, 3. Approve the FY 2023/24 Budget Amendment in the Police Operating Grant Trust Fund recognizing beginning fund balance of $238,518 from supplemental law enforcement services funding received, increase the Citizens’ Option for Public Safety 2019 appropriation in the amount of $168,518, and increase the Citizens’ Option for Public Safety 2023 appropriation in the amount of $70,000 (five affirmative Council votes required for the use of unused balances). City of Santa Clara Page 5 of 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting 3.E 23-117 Action on Amendment No. 2 to the Grazing Lease with Joseph R. Paulo for a Portion of the Property Known as the Altamont Ranch, Alameda County, California, a Property Owned for Power Generation Purposes for Silicon Valley Power, Extending the Term Through September 26, 2027 with No Change to the Compensation. Recommendation: 1 Determine the proposed actions are exempt from CEQA pursuant to Section 15301 of Title 14 of the California Code of Regulations; and 2 Authorize the City Manager to execute Amendment No. 2 to the Grazing Lease By and Between the City of Santa Clara, California and Joseph R. Paulo, an Individual for a Portion of the Property Known as the Altamont Ranch, Alameda County, to extend the term through September 26, 2027 with no change to the compensation in a final form approved by the City Attorney. 3.F 23-1136 Action on Resolution Approving a Purchase and Sale Agreement and Other Documents as Necessary Related to the Sale of the Techmart Building Parcel Located at 5201 Great America Parkway [APN: 104-55-013] Recommendation: That the City Council acting as the governing board of the Successor Agency to the Redevelopment Agency of the City of Santa Clara adopt a Resolution authorizing the City Manager/Executive Officer to negotiate and execute a Purchase and Sale Agreement between the Successor Agency to the Redevelopment Agency of the City of Santa Clara and Techmart Owner, LLC. for the Techmart Parcel located at 5201 Great America Parkway (APN: 104-55-013) at a purchase price of $22,500,000 and authorizing the City Manager to execute all documents necessary, including an affordability covenant and minor modifying amendments, in final forms approved by the City Attorney, to implement the Purchase and Sale Agreement and close escrow. City of Santa Clara Page 6 of 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting 3.G 23-1056 Silicon Valley Power 2022 Power Content Label Recommendation: Note and file Silicon Valley Power’s 2022 Power Content Label(s). 3.H 23-990 Report on Actions Taken During City Council Recess to Accept $150,000 Cybersecurity Grant From the Bay Area Urban Areas Security Initiative and Approve the Related Budget Amendment Recommendation: 1. Note and file the Report on Actions Taken During Council Recess from July 19, 2023 to August 21, 2023; and 2. Approve the FY 2023/24 Budget Amendment in the Other City Departments Operating Grant Trust Fund to recognize grant revenue in the amount of $150,000 and establish a Bay Area Urban Areas Security Initiative appropriation in the amount of $150,000 ( Five affirmative Council votes required to appropriate additional revenue). SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR 4. 23-937 Report on the Audited Santa Clara Stadium Authority Fiscal Year 2022/23 Annual Financial Statements Recommendation: Note and file the Santa Clara Stadium Authority Fiscal Year 2022/23 Annual Financial Statements. 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 City of Santa Clara Page 7 of 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting 5. 23-448 Action on the FY 2022/23 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as Presented by the SCTID Owner’s Association. Recommendation: Approve the FY 2022/23 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as presented by the SCTID Owner’s Association. 6. 23-1032 Public Hearing: Approval of the 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) for Submission to the U.S. Department of Housing and Urban Development (HUD) Recommendation: 1. Approve the 2022-2023 Consolidated Annual Performance and Evaluation Report (Attachment 1) and authorize the City Manager, or his designee, to execute the documents for submission to the U.S. Department of Housing and Urban Development (HUD) by September 29, 2023 unless otherwise directed by HUD. 2. Direct staff to incorporate all public comments into the final version to be submitted to HUD on or before September 29, 2023. 7. 23-1148 Review and Approve 2024 Council Priority Setting Session Framework Recommendation: Review and Approve the 2024 Council Priority Setting Session Framework SANTA CLARA STADIUM AUTHORITY GENERAL BUSINESS 8. 23-940 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter and Fiscal Year Ending March 31, 2023 and Related Budget Amendments Recommendation: 1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending March 31, 2023; and 2. Approve FY 2022/23 Santa Clara Stadium Authority budget adjustments to increase Other Operating Expenses for SBL Sales and Service in the amount of $68,787 and Use of StadCo Tenant Improvements in the amount of $972, offset by Operating and Maintenance Reserves. City of Santa Clara Page 8 of 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 2023 Meeting WRITTEN PETITION SUBMITTED BY THE PUBLIC/COUNCIL 9. 23-1092 Action on a Written Petition (Council Policy 030), Submitted by Adam Mason Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider a Crosswalk Safe for Pedestrians at Winchester Blvd. and Dolores Avenue Seeking to Implement Methods to Deter Speeding Cars and Negligent Drivers from Harming any more Residents Recommendation: Staff makes no recommendation. 10. 23-1093 Action on a Written Petition (Council Policy 030), Submitted by Vennessa Arellanes Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider the Parking Situation at the St. Anton Apartment Community on Calle Del-Mundo Recommendation: Staff makes no recommendation. 11. 23-1138 Action on a Written Petition (Council Policy 030), Submitted by Anne Valta Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider Banning Leaf Blowers in the City of Santa Clara Recommendation: Staff makes no recommendation. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next regular scheduled meeting is on Tuesday, October 10, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 9 of 10 Printed on 9/15/2023 Council and Authorities Concurrent Meeting Agenda September 19, 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 10 of 10 Printed on 9/15/2023