City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, August 27, 2024 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 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting Closed Session - 5:00 PM | Regular Meeting - 7:00 PM 5:00 PM CLOSED SESSION Call to Order in the Council Chambers Confirmation of Quorum 1. 24-689 Threat to Public Services or Facilities (CC, SA) Pursuant to Gov. Code § 54957(a) Consultation with: Jovan D. Grogan, Chuck Baker, Glen R. Googins, Sujata Reuter, Richard Fitting, Christine Jung, Jim Hayes (Guidepost Solutions LLC) 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 Call to Order in the Council Chambers Pledge of Allegiance and Statement of Values Roll Call REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS SPECIAL ORDER OF BUSINESS 2.A 24-660 Recognition of Kimberly Vernon, Miss California 2.B 24-584 Action on Resolution in Support of Childcare for All Recommendation: Adopt a Resolution in Support of Childcare for All 2.C 24-643 Proclamation of September 2024 as National Preparedness Month City of Santa Clara Page 2 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 2.D 24-817 Recognition of Outgoing Commissioners on the Bicycle and Pedestrian Advisory Committee, Board of Library Trustees, Civil Service Commission, Cultural Commission, and Parks and Recreation Commission 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.] 3.A 24-15 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Neighborhood-University Relations Committee (NURC) - May 22, 2023 Neighborhood-University Relations Committee (NURC) - October 16, 2023 Parks & Recreation Commission - July 8, 2024 Planning Commission - July 13, 2023 Planning Commission - June 12, 2024 3.B 24-746 Action on Monthly Investment Report for June 2024 Recommendation: Note and file the Monthly Investment Report for June 2024 as presented. City of Santa Clara Page 3 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 3.C 24-683 Action on Purchase Orders with Pivot Interiors, Inc. and Other Suppliers/Authorized Dealers for the Purchase of and Installation of Cubicles, Office Furniture and Related Products and Services at City Facilities Recommendation: 1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 of Title 14 of the California Code of Regulations; 2. Authorize the City Manager or designee to execute Purchase Orders and related documents with Pivot Interiors, Inc., other suppliers, and/or their authorized dealers for the purchase and installation of office cubicles and furniture under cooperative purchasing agreements with a total aggregate maximum compensation of $600,000, subject to (1) Purchasing Division Manager’s determination pursuant to Section 2.105.270(c) of the Santa Clara City Code, (2) the appropriation of funds, and (3) approval as to form by the City Attorney; and 3. Authorize the City Manager or designee to take any actions as necessary to implement and administer the Purchase Orders in alignment with the associated cooperative purchase agreements. City of Santa Clara Page 4 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 3.D 24-1599 Action Authorizing the City Manager to Negotiate and Execute Agreements for Processing and Landfill Disposal Services; and Yard Trimmings Composting Services Recommendation: 1. Approve and authorize the City Manager to negotiate and execute an agreement, including minor amendments, with Zanker Road Resource Management, LLC (GreenWaste) for processing and landfill disposal services for an initial term of January 1, 2025 through June 30, 2036, in a final form approved by the City Attorney; 2. Approve and authorize the City Manager to negotiate and execute an agreement, including minor amendments, with Zanker Road Resource Management, LLC (GreenWaste) for yard trimmings composting services for an initial term of January 1, 2025 through June 30, 2036, in a final form approved by the City attorney; and 3. Authorize the City Manager to negotiate and execute amendments to extend the term of each Agreement by five years ending on June 30, 2041 on the same economic terms, assuming one or both of the agreements are extended, in final forms approved by the City Attorney. City of Santa Clara Page 5 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 3.E 24-50 Action to Authorize the City Manager to Negotiate and Execute Amendments to the Agreements with Rising Edge Technologies (California), LLC and West Valley Construction Company, Inc. for As-Needed Maintenance and Repair of Utility Substructures and Aerial Infrastructures for Silicon Valley Power and Approve Related Budget Amendment Recommendation: 1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations; 2. Approve FY 2024/25 budget amendments in the Electric Utility Fund to increase the Electric Department budget in the amount of $2.0 million and decrease the Unrestricted Ending Fund Balance in the amount of $2.0 million (five affirmative Council votes required for the use of unused balances); 3. Authorize the City Manager or designee to negotiate and execute amendments to the agreements with Rising Edge Technologies (California), LLC and West Valley Construction Company, Inc. for as-needed maintenance and repair services for electric utility substructure and aerial fiber optic cable for a five-year term ending June 30, 2029, to (a) increase the maximum compensation of each agreement, with a total aggregate maximum compensation of $10,000,000 between the two agreements, (b) add or delete services consistent with the scope of services, (c) adjust future rates to account for changes in labor rates, and (d) exercise a one-year option to extend the term of each agreement through May 31, 2030, to be funded by the SVP Operating or Capital Fund as applicable and subject to the appropriation of funds and the review and approval as to form by the City Attorney; and 4. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements. City of Santa Clara Page 6 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 3.F 24-248 Action Authorizing the City Manager to Negotiate and Execute Agreements with Pump Repair Service Company and SHAPE, Inc. for Storm Drain Pumps Preventive Maintenance and Repair Services Recommendation: 1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of California Code of Regulations; 2. Authorize the City Manager to negotiate and execute agreements with Pump Repair Service Company and SHAPE, Inc. for storm drain pump preventive maintenance and repair services , each for a total not-to-exceed amount of $1,000,000 over a five-year term, subject to annual appropriations of funds and in a final form approved by the City Attorney; and 3. Authorize the City Manager or designee to take any actions as necessary to implement and administer the agreements with Pump Repair Service Company and SHAPE, Inc. and negotiate and execute amendments to (a) add or delete services consistent with the scope of services and (b) adjust the amounts, provided the total aggregate amount does not exceed $2,000,000 over the five-year term, subject to annual appropriations of funds and in a final form approved by the City Attorney. City of Santa Clara Page 7 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 3.G 24-612 Action on Agreement to Fund up to $843,000 for Modernization and Rehabilitation of Eight Affordable Rental Units, Update Two Units to be ADA Accessible, and Replace Approximately 100 Windows in the Sobrato Family Living Center Located at 1509/1503 Agnew Road in Santa Clara, Authority to Extend the Affordability Housing Covenants for an additional ten years, and Approval of Related Budget Amendment Recommendation: 1. Authorize the City Manager to execute an agreement, promissory note, and deed of trust with HomeFirst to fund and secure up to $843,000 for the modernization and rehabilitation of eight affordable rental units, update two units so they are ADA accessible, and replace approximately 100 windows in the Sobrato Family Living Center located at 1509/1503 Agnew Road in Santa Clara, in a final form approved by the City Attorney’s Office. 2. Authorize the City Manager to amend the Affordable Housing Covenants to extend the existing Use Restriction by ten years commencing on October 19, 2030 and terminating on October 19, 2040, in a final form approved by the City Attorney’s Office. 3. Approve the FY 2024/25 budget amendment in the Housing and Urban Development Fund, increasing the grant revenue estimate in the amount of $843,000 and increasing the Rehabilitation - Affordable Rental Housing project in the amount of $843,000 (five affirmative Council votes required to appropriate additional revenue). 3.H 24-467 Action on Authorizing the Use of City Water Forces to Install Backflow Prevention Devices at 5452 Betsy Ross Drive and 2339 El Camino Real. Recommendation: Adopt the attached Resolution approving the use of City Water forces for water utility upgrades at 5452 Betsy Ross Drive and 2339 El Camino Real. City of Santa Clara Page 8 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 3.I 24-625 Action on Amendment # 1 to Incentive Program Implementation Services Agreement Between Center for Sustainable Energy and City of Santa Clara for the California Electric Vehicle Infrastructure Project (CALeVIP) Recommendation: 1. Authorize the City Manager to Execute Amendment No. 1 to Incentive Program Implementation Services Agreement Between Center for Sustainable Energy and City of Santa Clara (Agreement); and 2. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement and to negotiate and execute amendments to the Agreement, subject to the appropriation of funds and review and approval as to form by the City Attorney. 3.J 24-673 Action to Approve and Authorize the City Manager to Execute the Revised Third Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority to include the Town of Los Gatos as a Participating Member Agency Recommendation: Approve and Authorize the City Manager to Execute the Revised Third Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority to include the Town of Los Gatos as a Participating Member Agency in a final form approved by the City Attorney 3.K 24-644 Action on a Resolution Adopting the City of Santa Clara Emergency Operations Plan Recommendation: 1. Approve the Resolution Adopting the City of Santa Clara Emergency Operations Plan 3.L 24-1433 Action on a Resolution Adopting all of the Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan, Volume 1, and the Volume 2 City of Santa Clara Annex Recommendation: 1. Adopt all of the Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan , Volume 1, and the Volume 2 City of Santa Clara Annex City of Santa Clara Page 9 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 3.M 24-737 Action on Authorizing the Use of City Electric Forces for Public Works at Various Locations Recommendation: 1. Determine the proposed action is exempt from CEQA pursuant to Section 15302 (Class 2 - Replacement or Reconstruction) and Section 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 3276 San Juan Avenue, Central Substation at Bowers Avenue and Scott Boulevard, 2900 Semiconductor Drive, 2330 Monroe Street, and Pole 76A01 at 3800 Bassett Street 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. 3.N 24-648 Action to Approve Introduction of Ordinance Amending Chapter 2.140 (“Disaster Council”) of the City Code Recommendation: 1. Waive First Reading and Approve Introduction of an Ordinance Amending Chapter 2.140 (“Disaster Council”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California” SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR 4.A 24-781 Action on Stadium Manager’s Request to Negotiate and Execute a Licensed User Agreement with Ticketmaster for Ticket Sales Services for Non-NFL Events at Levi’s Stadium Recommendation: Authorize the Stadium Manager to negotiate and execute the Licensed User Agreement with Ticketmaster for ticket sales services for Non-NFL Events at Levi’s Stadium for a term of ten-years, terminating on March 31, 2033, subject to final form approved by the Stadium Authority Counsel. City of Santa Clara Page 10 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 4.B 24-527 Action on Funding Agreement for Levi’s Stadium Security and Neighborhood Impacts Assessment with Forty Niners SC Stadium Company LLC and Bay Area Host Committee and Ratify the Previous Execution of the Confidentiality Agreement with Guidepost Solutions LLC Recommendation: 1. Authorize the Executive Director to execute a Funding Agreement for Levi’s Stadium Security and Neighborhood Impacts Assessment with Forty Niners SC Stadium Company LLC (StadCo) and Bay Area Host Committee (BAHC) which will allow StadCo and the BAHC to respectively fund 45% and 10% of the costs in connection with the Stadium Authority’s Agreement with Guidepost Solutions LLC; and 2. Ratify the Executive Director’s previous execution of the Confidentiality Agreement with the City of Santa Clara and Guidepost Solutions LLC (Guidepost) that enabled the sharing of confidential information with Guidepost to complete the required scope of work in the Stadium Authority’s Agreement with Guidepost. City of Santa Clara Page 11 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 4.C 24-792 Action on Stadium Manager’s Request to Approve an Amendment No. 1 to the Agreement with ACCO Engineered Systems, Inc. and an Amendment No. 2 to the Agreement with O.C. McDonald Co., Inc. to Extend the Term and Increase Rates for Mechanical and Plumbing Maintenance and Repair Services at Levi’s Stadium Recommendation: 1. Approve the Stadium Manager’s request to execute an Amendment No. 1 to the Agreement with ACCO Engineered Systems, Inc. to extend the term for one year beginning September 7, 2024 to September 6, 2025 with an option to extend for one additional year, in an amount not to exceed $250,000 for the fourth contract year and a total not to exceed amount of $1,000,000 and increase compensation rates for the fourth contract year, subject to budget appropriations; and 2. Approve the Stadium Manager’s request to execute an Amendment No. 2 to the Agreement with O.C. McDonald Co., Inc. to extend the term for one year beginning September 7, 2024 to September 6, 2025 with an option to extend for one additional year, in an amount not to exceed $250,000 for the fourth contract year and a total not to exceed amount of $1,254,922 over the four year term and increase compensation rates for the fourth contract year, subject to budget appropriations. 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 12 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 5. 24-174 PUBLIC HEARING: Action on Environmental Impact Report, General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial, Use Permit, and Architectural Review to Allow the Construction of a New Four-Story, 244,068 Square Foot Data Center with a Substation at 2805 Bowers Avenue Recommendation: 1. Adopt the Resolution accepting the Environmental Impact Report prepared by the California Energy Commission (CEC) and adopting the Mitigation Monitoring and Reporting Program; 2. Adopt the Resolution approving the General Plan Amendment from High Intensity Office / Research and Development to Light Industrial to allow the construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval; and 3. Adopt the Resolution approving the Use Permit for the demolition of the existing building and construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval. 4. Adopt the Resolution approving the Architectural review for the demolition of the existing building and construction of a new four-story 244,068 square foot data center with a substation and site improvements at 2805 Bowers Avenue, subject to findings and conditions of approval. 6. 24-324 Summer 2024 Informational Report on Super Bowl LX and FIFA World Cup 2026 Updates Recommendation: Note and file the informational report on FWC26 and Super Bowl LX updates. City of Santa Clara Page 13 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 Meeting 7. 24-664 Action on Recommendations from the Governance and Ethics Committee to Amend Council Policy 009 ("City Representation at Meetings, Ceremonies, and Events") Recommendation: Adopt a resolution approving the amendments to Council Policy 009 (“City Representation at Meetings, Ceremonies & Special Events”) based on recommendations from the Governance and Ethics Committee. REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next scheduled special meeting is on Tuesday, September 3, 2024 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 14 of 15 Printed on 8/23/2024 Council and Authorities Concurrent Meeting Agenda August 27, 2024 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 15 of 15 Printed on 8/23/2024