City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, November 7, 2023 5:30 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 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting Joint Dinner - 5:30 PM | Regular Meeting - 7:00 PM 5:30 PM JOINT DINNER Call to Order in the Council Chambers Roll Call 1. 23-860 Joint Dinner Meeting with City Council and Bicycle and Pedestrian Advisory Committee 7:00 PM COUNCIL REGULAR MEETING *Open session will begin at 7:00 PM or shortly thereafter Call to Order in the Council Chambers Pledge of Allegiance and Statement of Values CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 2.A 23-1368 Proclamation in Recognition of Former Mayor and Councilmember Patricia “Patty” Mahan 2.B 23-1106 Proclaim Sikh American Awareness and Appreciation Month 2.C 23-1107 Proclaim the Celebration of Diwali in the City of Santa Clara 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 2 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 3.A 23-1354 Action on the Minutes of August 22, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting; August 29, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; September 12, 2023 Council and Authorities Concurrent; and September 19, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Recommendation: Approve the Minutes of August 22, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting; August 29, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; September 12, 2023 Council and Authorities Concurrent; and September 19, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority 3.B 23-24 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Bicycle & Pedestrian Advisory Committee - August 28, 2023 Historical and Landmarks Commission - September 7, 2023 Parks & Recreation Commission - September 19, 2023 Senior Advisory Commission - September 25, 2023 Planning Commission - October 11, 2023 3.C 23-829 Action on Award of Purchase Order with St. Francis Electric for Upgrading Pedestrian Signal and Luminaire Lighting at Traffic Signals to LED Recommendation: 1. Determine the project to be exempt from CEQA under Public Resources Code Section 15301 (Class 1 Categorical Exemption). 2. Authorize the City Manager to execute a purchase order with St. Francis Electric for upgrading pedestrian signal and luminaire lighting at traffic signals to LED for a one-year term starting on or about November 6, 2023, for a maximum not-to-exceed amount of $552,000 with an option to extend the purchase order for one additional year on the same terms, in a final form approved by the City Attorney. City of Santa Clara Page 3 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 3.D 23-1151 Action on Award of Contract for the Intelligent Transportation Systems Rehabilitation Phase 2 Project to Bear Electric Solutions, Inc. and Related Budget Amendment Recommendation: 1. Determine the project to be exempt under CEQA Guidelines Section 15301 (Class 1) Categorical Exemption; 2. Award the Public Works Contract for the Intelligent Transportation Systems Rehabilitation Phase 2 Project to the lowest responsive and responsible bidder, Bear Electric Solutions, Inc., in the amount of $1,267,360 and authorize the City Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project, in final forms approved by the City Attorney; 3. Authorize the City Manager to execute change orders up to approximately 10 percent of the original contract price, or $126,736, for a total not-to-exceed amount of $1,394,096; 4. Approve the FY 2023/24 budget amendment in the Streets and Highways Capital Fund to decrease the Traffic Signal Interconnect Upgrade Project by $804,198 and increase the Santa Clara Citywide ITS Project 2 by $804,198 (majority affirmative Council votes required). 3.E 23-1174 Action to Authorize the City Manager to Execute Agreements with TOD Brokaw, LLC for the Construction of Park Improvements and the Maintenance of the Parks within the Gateway Crossings Mixed-Use Development at Developer’s Sole Cost Recommendation: Authorize the City Manager to execute the Park Improvement Agreement and the Park Maintenance Agreement with TOD Brokaw, LLC on substantially the terms and in the forms presented, with such minor, non-substantive changes and amendments that may be necessary to implement the project, in final forms approved by the City Attorney. City of Santa Clara Page 4 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 3.F 23-1310 Action on a Model Interconnection Agreement for Generating or Storage Facilities, Ratification of Previously Executed Interconnection Agreements, and Authorization to Execute Future Interconnection Agreements Recommendation: 1. Approve a model Interconnection Agreement for Generating and Storage Facilities (Interconnection Agreement) in the form attached hereto; 2. Authorize the City Manager or their designee (a) to execute future Interconnection Agreements using the model form, with any revisions, modifications, or amendments thereto, which are necessary or advisable as determined by the City Attorney’s Office so long as such revisions, modifications, or amendments do not result in additional material costs to the City, and (b) to take such actions as are necessary or advisable to implement and administer the Interconnection Agreements; and 3. Ratify Interconnection Agreements which have been previously executed by City staff . 3.G 23-1202 Action on the Historic Preservation Agreement (Mills Act Contract) for 2566 Homestead Road Recommendation: 1. Determine that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15331(Class 31 - Historical Resource Restoration / Rehabilitation); and 2. Authorize the City Manager to execute a Mills Act Contract in a final form approved by the City Attorney, and adopt the 10-Year Restoration and Maintenance Plan associated with the property at 2566 Homestead Road. City of Santa Clara Page 5 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 3.H 23-1172 Action to Accept the FY 2023/24 California Library Literacy Services (CLLS) Grants for the Library Department’s Read Santa Clara Program and Approve the Related Budget Amendment Recommendation: 1. Accept the total California Literacy Services (CLLS) grant award of $169,115 for the Read Santa Clara program; 2. Approve the FY 2023/24 budget amendments in the Library Operating Grant Trust Fund to recognize a total grant revenue of $169,115 and establish grant appropriations for Adult and Family Services in the amount of $111,012 and ESL Services in the amount of $58,103 for the Read Santa Clara program (five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 6 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 3.I 23-880 Action to Adopt a Resolution of Local Support for the Central Santa Clara Bicycle and Pedestrian Improvement Project, Authorize the City Manager to Execute All Documents Related to Accepting One Bay Area Grant Program Funding, and Approve the Related Budget Amendment Recommendation: 1. Adopt a Resolution authorizing the filing of an application for $9,029,000 in funding assigned to the MTC, committing the necessary matching funds, and stating assurance to complete the Central Santa Clara Bicycle and Pedestrian Improvement project; 2. Authorize the City Manager to execute all documents related to accepting One Bay Area Grant Cycle 3 funding for the Central Santa Clara Bicycle and Pedestrian Improvement project funded in the Streets and Highways Capital Fund in final forms approved by the City Attorney; and 3. Approve a FY 2023/24 budget amendment In the Streets and Highways Capital Fund, to increase the Other Agencies Revenue estimate in the amount of $9,029,000 to recognize One Bay Area Grant Cycle 3 funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $380,000, decrease the Uncontrolled Crosswalks Improvement Project in the amount of $1,900,000, and establish the Central Santa Clara Bicycle and Pedestrian Improvement Project in the amount of $11,309,000 (five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 7 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 3.J 23-1055 Action on Resolutions Dedicating Portions of City-Owned Land for Use as an Emergency Vehicle Access Easement, Underground Electric Easement, Water Utility Easement and Sidewalk Easement at 2330 Monroe Street Recommendation: 1. Adopt a Resolution Dedicating a Portion of City-owned Land located at 2330 Monroe Street for use as an Emergency Vehicle Access Easement [APN 216-05-009 (2023-24); SC 23-0024]; 2. Adopt a Resolution Dedicating a Portion of City-owned Land located at 2330 Monroe Street for use as a sidewalk easement [APN 216-05-009 (2023-24); SC 23-0025]; 3. Adopt a Resolution Dedicating a Portion of City-owned Land located at 2330 Monroe Street for use as a Water Utility Easement [APN 216-05-009 (2023-24); SC 23-0026]; 4. Adopt a Resolution Dedicating a Portion of City-owned Land located at 2330 Monroe Street for use as an Underground Electric Easement [APN 216-05-009 (2023-24); SC 23-0027]; and 5. Authorize the recordation of the Resolutions. 3.K 23-1272 Action to Authorize the Use of City Electric Forces at Various Locations Recommendation: 1. Determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and 2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 706 Benton Street, 700 Mathew Street, 2041 Harrison Street, 3333 Kifer Road, and 2333 Calle Del Mundo are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization. City of Santa Clara Page 8 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 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 City of Santa Clara Page 9 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 4. 23-1296 Discussion and Potential Action on the Proposed Joint Powers Agency Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency Recommendation: Staff recommends that the City Council discuss the proposed Joint Powers Agency (JPA) Agreement for Cities Association of Santa Clara County (CASCC) and provide direction to staff on any requested or required changes to be shared with the CASCC regarding the proposed terms, and/or take action to approve the JPA Agreement in the form presented. As such, there are a few options available to the City Council: Option 1: Approve the JPA Agreement in the form presented and delegate authority to Councilmember Watanabe to report approval of the JPA Agreement at the CASCC Board of Directors Meeting and authorize the City Manager to execute the JPA Agreement in a final form approved by the City Attorney. Option 2: Recommend specific amendments to the proposed JPA Agreement and delegate authority to Councilmember Watanabe to report approval of the JPA Agreement at the CASCC Board of Directors Meeting, subject to the City Council’s amendments, and authorize the City Manager to execute the JPA Agreement in a final form approved by the City Attorney. Option 3: Recommend specific amendments to the proposed JPA Agreement and request that the Cities Association of Santa Clara County propose a revised agreement. Option 4: Take no action and do not approve the proposed JPA Agreement. Other cities and towns in Santa Clara County are also in the process of considering the proposed JPA Agreement. At the time of writing this report, seven cities have approved the proposed JPA Agreement and 4-5 cities are planning to agendize the JPA Agreement sometime between October 31 and November 7, 2023. City of Santa Clara Page 10 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 7, 2023 Meeting 5. 23-1294 Presentation of the Recommendations from the 2023 Charter Review Committee Related to the Positions of Chief of Police and City Clerk Recommendation: Staff does not have a position on the recommendations from the Charter Review Committee or the potential ballot measures. Should the City Council find that the Charter Review Committee has completed its charge, the City Council should: 1. Accept the report of the Charter Review Committee; and 2. Provide initial feedback and direction to staff on the preparation of required ballot submission materials for the City Council to consider at a subsequent meeting on December 5th or a prior date. 6. 23-1358 Discussion and Action on the Written Petition from Vice Mayor Park To Move the Topic(s) or date of the November 14, 2023 City Council Meeting to Another Date Recommendation: Staff makes no recommendation on this item. REPORTS OF MEMBERS AND SPECIAL COMMITTEES/FUTURE AGENDA ITEMS 7. 23-1370 Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Becker Requesting to Place an Agenda Item at a Future Council Meeting to Consider Releasing to the Public the Investigative Findings Prepared by the Van Dermyden Makus Law Firm Regarding a Complaint of Alleged Misconduct at the August 30, 2022 Closed Session Meeting Recommendation: Staff makes no recommendation. CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next regular scheduled meeting is on Tuesday, November 14, 2023 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 11 of 12 Printed on 11/3/2023 Council and Authorities Concurrent Meeting Agenda November 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 12 of 12 Printed on 11/3/2023