City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, October 10, 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 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 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting Closed Session - 4:00 PM | Study Session - 5:30 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION Call to Order in Council Chambers Roll Call 1.A 23-1217 Conference with Labor Negotiators (CC) Pursuant to Gov. Code § 54957.6 City representatives: Jōvan Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen Googins Employee Organization(s): Units #5, 7 & 8-City of Santa Clara Employees Association Unit #9A-Unclassified Police Management Employees 1.B 23-1218 Conference with Real Property Negotiators (CC) Pursuant to Gov. Code § 54956.8 Property: 575 Pomeroy Avenue, Santa Clara, CA 95051-6131, APN: 293-09-005 City Negotiators: Jōvan D. Grogan, Cynthia Bojorquez, Elizabeth Klotz Negotiating Parties: Kilarney Farms Swim Center Inc. Under Negotiation: Purchase of Real Property (provisions, price and terms) 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) 5:30 PM STUDY SESSION Call to Order in Council Chambers Confirmation of Quorum of Council Attendance Roll Call of Youth Commission 2. 23-859 Joint City Council and Youth Commission Dinner Meeting 7:00 PM COUNCIL REGULAR MEETING *Open Session is to begin at 7:00 PM or shortly thereafter. City of Santa Clara Page 2 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting Call to Order in Council Chambers Pledge of Allegiance and Statement of Values REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS (October 4, 2023 and October 10, 2023) CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 3.A 23-946 Proclaim October 2023 as Hindu American Awareness and Appreciation Month 3.B 23-947 Proclaim October 2023 as Domestic Violence Awareness Month 3.C 23-1244 Proclaim October 9, 2023, as Hangul Day 3.D 23-1245 Proclaim October 2023 as Filipino American History 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.] 4.A 23-22 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Youth Commission - May 9, 2023 Parks & Recreation Commission - August 15, 2023 Senior Advisory Commission - August 28, 2023 Cultural Commission - August 7, 2023 City of Santa Clara Page 3 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 4.B 23-118 Action on Award of Contract for the Memorex and San Tomas Junction Transmission Line Extension Projects Contract No. 2449-9668 & 2442-9668 to Henkels & McKoy West funded by the Electric Utility Capital Fund Recommendation: 1. Award a Public Works Contract for the Memorex and San Tomas Junction Transmission Line Extension Projects to the lowest responsive and responsible bidder, Henkels & McKoy West, in the amount of $4,631,813 funded by the Electric Utility Capital Fund, and authorize the City Manager to execute the Public Works Contract, subject to the review and approval as to form by the City Attorney, and any and all documents associated with, and necessary for the award, completion, and acceptance of these Projects ; and 2. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $694,772, for a total not to exceed amount of $5,326,585. 4.C 23-119 Action on Award of Contract for the Freedom Circle Junction Cut-In Transmission Line Extension Project Contract No. 2451 to Henkels & McCoy West funded by the Electric Utility Capital Fund Recommendation: 1. Award a Public Works Contract for the Freedom Circle Junction Cut-In Transmission Line Extension Project to the lowest responsive and responsible bidder, Henkels and McCoy West, in the amount of $398,860 funded by the Electric Utility Capital Fund, and authorize the City Manager to execute the Public Works Contract and any and all documents associated with, and necessary for the award, completion, and acceptance of this Project subject to the review and approval as to form by the City Attorney and 2. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $59,829, for a total maximum compensation of $458,689. City of Santa Clara Page 4 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 4.D 23-1048 Action to Amend the Community Development Department’s Building Division Consultant Agreements for Plan Review and Inspection Services, and Approve the Related Budget Amendment Recommendation: 1) Approve and authorize the City Manager to execute 9 plan check agreement Amendments and 1 new plan check Agreement, in final forms approved by the City Attorney, with an increase in the maximum aggregate compensation of $2,949,000 by $2,200,000 for a new revised amount of $5,149,000, with the following firms: · 4Leaf, Inc. Amendment No. 2 · Bureau Veritas North America, Inc. Amendment No. 1 · CSG Consultants, Inc. Amendment No. 2 · Interwest Consulting Group, Inc. Agreement · Jason Addison Smith Consulting Services, Inc. (JAS Pacific) Amendment No. 2 · Plan Review Consultants, Inc. Amendment No. 5 · Shums Coda Associates, Inc. Amendment No. 6 · Synergetic Consulting Amendment No. 3 · TRB + Associates, Inc. Amendment No. 6 · West Coast Code Consultants, Inc. Amendment No. 4; and 2) Approve the FY 2023/24 budget amendment in the Building Development Services Fund to increase the appropriation to the Community Development Department by $2,200,000 and reduce the unrestricted ending fund balance by $2,200,000 (five affirmative Council votes required for the use of unused balances). City of Santa Clara Page 5 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 4.E 23-936 Action on a Grant Agreement with the California Office of Traffic Safety, and Amendment No. 1 to the Agreement with Safe Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments Recommendation: 1. Authorize the City Manager to execute and take all necessary steps to approve the Grant Agreement between the City of Santa Clara and the State of California Office of Traffic Safety in the amount of $45,200 for the Safe Routes to School Program, in a final form approved by the City Attorney; 2. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Safe Moves, Inc. to increase the maximum compensation by $45,200 for a revised not-to-exceed amount of $645,200, to provide equipment and services in support of the Safe Routes to School Program, in a final form approved by the City Attorney; 3. Authorize the City Manager to make minor modifications to both agreements and to extend the terms, if needed, in a final form approved by the City Attorney; and 4. Approve the FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies Revenue estimate by $45,200 to recognize grant funding for the OTS grant and establish the 2023 Santa Clara School Pedestrian and Bicycle Safety Project in the amount of $45,200 (five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 6 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 4.F 23-995 Action on Amendment No. 1 to the Agreement with Real Environmental Products, LLC for Landfill Gas Collection System Repair and Maintenance Services Recommendation: Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Real Environmental Products, LLC to increase the maximum compensation by $300,000 for a total contract amount of $1,300,000 over the five-year term for landfill gas collection system repair and maintenance services, subject to appropriations. 4.G 23-925 Action on Amendment No. 5 to the Contract Between the County of Santa Clara and City of Santa Clara Congregate Meals Program Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 5 to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals at the Santa Clara Senior Center in an amount not to exceed $139,308 for FY 2023/24 for a total contract amount not to exceed $636,818, in a final form approved by the City Attorney; and 2. Authorize the Office of the City Manager to negotiate and execute minor amendments to the Agreement, in a final form approved by the City Attorney, subject to Council appropriation of funds; and 3. Approve the related FY 2023/24 budget amendment in the Parks and Recreation Operating Grant Trust Fund to increase the Other Agencies Revenue estimate and the Senior Nutrition Program appropriation by $14,390 ( five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 7 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 4.H 23-836 Action to Accept Federal Community Project Funding for the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvements Project, and the Anna Drive Neighborhood Flood Protection Project; Authorize the City Manager to Execute All Documents Related to Accepting Federal Funding, and Approve the Related Budget Amendments Recommendation: 1. Accept Federal Funding Under the Community Project Funding administered by the California Department of Transportation and Authorize the City Manager to Execute All Documents Related to Accepting Federal Funding; and 2. Approve the following FY 2023/24 budget amendments: A. In the Streets and Highway Capital Fund, increase the Other Agencies Revenue estimate in the amount of $2,725,000 to recognize Federal Community Project funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $354,000, and establish the De La Cruz, Lick Mill, and Scott Boulevards Bicycle Improvements Project in the amount of $3,079,000 (five affirmative Council votes required to appropriate additional revenue); and B. In the Storm Drain Capital Fund , increase the Other Agencies Revenue estimate in the amount of $3,000,000 to recognize Federal Community Project funding, decrease the Laurelwood Pump Station Rehabilitation Project in the amount of $400,000, and establish the Anna Drive Neighborhood Flood Protection Project in the amount of $3,400,000 (five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 8 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 4.I 23-1074 Action on a Request for a Special Permit to Allow Outdoor Display of Goods for Sale at 2213 El Camino Real from October 11, 2023 through November 30, 2023 Recommendation: 1. Determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and 2. Adopt the findings listed in the Report in accordance with City Code Section 18.60.030 and approve the request of a Special Permit to allow for outdoor display and sales events at 2213 El Camino Real from October 11, 2023 through November 30, 2023, subject to conditions. 4.J 23-1075 Resolution Increasing the Transient Occupancy Tax Rate from 11.5% to 12.5% effective January 1, 2024; and Introduction of an Ordinance Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate Recommendation: 1. Approve a resolution increasing the Transient Occupancy Tax rate from 11.5% to 12.5% effective January 1, 2024; and 2. Approve the introduction of an ordinance amending section 3.25.030 of the Santa Clara City Code to reflect the increase in the Transient Occupancy Tax rate. 4.K 23-1140 Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2024 Recommendation: Set the 2024 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar. City of Santa Clara Page 9 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 4.L 23-1167 Action on Silicon Valley Power’s Updated Sponsorship List of Annual Events and Activities and Continued Delegation of Authority to City Manager to Approve Additional Sponsorships of up to $10,000 Recommendation: 1. Approve Silicon Valley Power’s annual sponsorship support of the events and activities listed in Attachment 1; and 2. Authorize the City Manager to approve additional sponsorships of up to $10,000 per event through the execution of the Silicon Valley Power Sponsorship Application in substantially the form set forth in Attachment 2. 4.M 23-637 Action on Amendments to Council Policy 035 (“Naming of Facilities”) as recommended by the Governance and Ethics Committee Recommendation: Adopt a Resolution amending Council Policy 035 on Naming of Facilities. 4.N 23-752 Note and file the 2023 Report on Flood Insurance Coverage Assessment Recommendation: Note and file the Report on Flood Insurance Coverage Assessment. 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 10 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 5. 23-1269 Informational Presentation by the Cities Association of Santa Clara County on a Proposed Joint Powers Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency Recommendation: Receive the Cities Association of Santa Clara County’s presentation; and discuss and provide feedback on the proposed Joint Powers Agreement to establish the Cities Association of Santa Clara County Joint Powers Agency. 6. 23-1251 Continuance Until October 24, 2023 of the Public Hearing Scheduled for a Tentative Parcel Map, Rezone, and Architectural Review to Add a Second-Story Accessory Dwelling Unit and Create Two Separate Lots Each with an Existing Residence and a New Detached Garage on the Property Located at 1365 Main Street and 1070 Lewis Street Recommendation: Open the Public Hearing and then immediately continue this Public Hearing item to the October 24, 2023 City Council meeting. 7. 23-1090 Public Hearing: Action on a Rezone to Planned Development and Architectural Review for a First- and Second-Story Addition to a Single-Family Residence at 1485 Bellomy Street Recommendation: 1. Determine the project to be categorically exempt from CEQA under Class 1(e)(2) (Existing Facilities). 2. Adopt a resolution to approve a Rezone from PD - Planned Development to PD to allow a 615 square foot first-floor addition and 1,008 square foot second-floor addition at 1485 Bellomy Street, subject to conditions of approval. 3. Adopt a resolution to approve an Architectural Review of the proposed first- and second-story addition at 1485 Bellomy Street, subject to conditions of approval. 8. 23-1159 Silicon Valley Power Quarterly Update Recommendation: Note and file the Silicon Valley Power Quarterly Update. City of Santa Clara Page 11 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 2023 Meeting 9. 23-122 Action Authorizing the City Manager to Negotiate and Execute an Agreement with HD Hyundai Electric America Corporation for the Purchase of Up to Twelve (12) High Voltage Transformers to be Funded by the Electric Utility Capital Fund Recommendation: Authorize the City Manager to: 1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15061 (b)(3) of Title 14 of the California Code of Regulations; 2. Negotiate and execute an agreement with HD Hyundai Electric America Corporation (Agreement) for the manufacture and delivery of up to twelve (12) High Voltage Transformers including delivery, installation, and related services for a not to exceed amount of $81,392,908 funded by the Electric Utility Capital Fund inclusive of delivery, installation, commissioning, a five-year warranty, and all applicable sales taxes, subject to the review and approval as to form by the City Attorney; and 3. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement and negotiate and execute amendments to the Agreement (a) extend the term or schedule of performance; and (b) increase the maximum compensation by $8,100,000 for design changes and any unanticipated issues that may arise during production or commissioning of the transformers, subject to the appropriation of funds and the review and approval as to form by City Attorney. REPORTS OF MEMBERS AND SPECIAL COMMITTEES CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next regular scheduled meeting is on Tuesday, October 24, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 12 of 13 Printed on 10/5/2023 Council and Authorities Concurrent Meeting Agenda October 10, 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 10/5/2023