City Council and Authorities Concurrent

City of Santa Clara Meeting Agenda Council and Authorities Concurrent Meeting Tuesday, September 10, 2024 5:00 PM Hybrid Meeting City Hall Council Chambers/Virtual 1500 Warburton Avenue Santa Clara, CA 95050 Councilmember Chahal will be participating remotely under the Provisions of AB 2449 Emergency Circumstance 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 Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or Clerk@santaclaraca.gov. City of Santa Clara Page 1 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 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.A 24-881 Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1) Townsend, Joseph v. City of Santa Clara, Workers Compensation Appeals Board Case Number ADJ15468556 City of Santa Clara Page 2 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 1.B 24-852 Conference with Real Property Negotiators (CC) - Easements for the 115kV Project Pursuant to Gov. Code § 54956.8 Property: See APNs and Addresses Listed Below City Negotiator: Jovan D. Grogan, City Manager (or designee) Negotiating Parties: City and Property Owners Listed Below Under Negotiation: Purchase of Real Property (price and terms of payment): APN Address Owner's name 097-08-114 4090 Network Cl Oracle America Inc 097-08-058 4220 Network Cl 104-38-007 1515 Wyatt Dr KOLL/ INTEREAL BAY AREA 104-38-014 1500 Wyatt Dr 104-14-160 No Situs Reed and Graham Inc 104-14-164 3750 Bassett St 2MJ Miller Family LP 104-14-132 3720 Bassett St 104-14-118 3730 Bassett St Moriel Real Estate LLC 104-14-144 3670 Bassett St Charles Avenue Associates 104-14-111 3610 Bassett St 1 San Tomas Investment Corp 104-15-131 3550 Bassett St Hgit Bassett Campus LP 104-15-132 3540 Bassett St 104-15-133 3530 Bassett St 104-15-134 3520 Bassett St 104-15-128 3508 Bassett St 104-15-105 3500 Bassett St PDM Steel Service Centers INC 104-51-001 3400 Bassett St 3400 Bassett LLC 101-11-003 3205 Bassett St Basset California LLC 101-11-004 891 Laurelwood Rd 891 Laurelwood LLC 224-36-039 881 Duane Ave Storage Equities INC City of Santa Clara Page 3 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 1.C 24-854 Conference with Real Property Negotiators Pursuant to Gov. Code § 54956.8 Property: 2900-2930 Lafayette Street, Santa Clara CA 95054 (APN 224-08-109) City Negotiator: Jovan D. Grogan, City Manager (or designee) Negotiating Parties: City of Santa Clara (Buyer) and Dollinger-Lafayette Associates, a California General Partnership (Seller) Under Negotiation: Purchase of Real Property (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) Should additional time be required, Council will adjourn back into Closed Session immediately following the Regular Meeting. 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 24-564 Proclamation of Hispanic Heritage Month from September 15 - October 15, 2024 2.B 24-608 Proclamation of September 21 through September 27, 2024 as United Against Hate Week in Santa Clara. City of Santa Clara Page 4 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 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 24-16 Board, Commissions and Committee Minutes Recommendation: Note and file the Minutes of: Cultural Commission - June 3, 2024 3.B 24-809 Action on City Bills and Claims Report for the period July 20, 2024 - August 9, 2024 Recommendation: Approve the list of Bills and Claims for July 20, 2024 - August 9, 2024. 3.C 24-806 Action on Award of Purchase Orders to Lenco Armored Vehicles for a BearCat Medevac G2, and to Other Vendors for Related Accessories and Services, and Approve the Related Budget Amendments Recommendation: 1. Authorize the City Manager, or designee, to issue purchase orders to Lenco Armored Vehicles for a BearCat Medevac G2 and to other vendors for related system accessories and services, with a total maximum compensation of $491,998 inclusive of all taxes and fees, pursuant to the terms of the HGAC cooperative purchase agreement; and 2. Approve the FY 2024/25 budget amendment in the General Fund to increase the Police Department’s operating budget in the amount of $491,998 and decrease the General Fund’s Budget Stabilization Reserve in the amount of $491,998 (five affirmative Council votes for the use of unused balances). City of Santa Clara Page 5 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 3.D 24-757 Action on a Purchase Order with Municipal Maintenance Equipment, Inc. for the Purchase of a Street Sweeper for the Department of Public Works Recommendation: Approve and authorize the City Manager to execute a purchase order for a total, not-to-exceed the amount, of $483,000 with Municipal Maintenance Equipment, Inc. for the purchase of a street sweeper for the Department of Public Works, in a final form approved by the City Attorney. 3.E 24-41 Action to Authorize the City Manager to Negotiate and Execute an Agreement with dataVoice International for an Electric Outage Management System and Interactive Voice Response System for Silicon Valley Power Recommendation: 1. Authorize the City Manager or designee to negotiate and execute an agreement with dataVoice International, Inc. (Agreement) for the purchase and implementation of an Outage Management System and Interactive Voice Response System starting on or around September 1, 2024, and ending on July 31, 2026, with a maximum compensation not-to-exceed $630,316, subject to the appropriation of funds and approval as to form by the City Attorney; and 2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the Agreement and to negotiate and execute amendments to the Agreement to (a) extend the term of the Agreement in alignment with any extensions made by the City of Roseville, not to exceed an additional five years through July 31, 2031, (b) increase the maximum compensation by up to an additional $519,472 for a total maximum compensation amount not-to-exceed $1,149,788, and (c) execute future amendments to the Agreement required to meet SVP’s system requirements, subject to the compensation limits, appropriation of funds, and approval as to form by the City Attorney. City of Santa Clara Page 6 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 3.F 24-67 Action on Master Service Agreements with Ten (10) Consulting Firms for As-Needed Consultant Plan Check, Inspections, and Permitting Support Services for the Building Division of the Community Development Department for a Maximum Aggregate Amount Across the Ten Agreements of $8,000,000 Recommendation: 1. Authorize the City Manager or designee to negotiate and execute master service agreements for Plan Check Review, Field Inspection Services and Permitting Support Staff Services with the following firms for a five-year term starting on or around September 16, 2024, and ending on or around September 15, 2029, with a total maximum aggregate compensation of $8,000,000, subject to review and approval as to form by the City Attorney and the appropriation of funds: 1. 4LEAF, Inc. 2. BPR Consulting Group, LLC 3. The Code Group, Inc. DBA VCA Code 4. CSG Consultants, Inc. 5. Plan Review Consultants, Inc. 6. Shums Coda Associates, Inc. 7. TRB and Associates, Inc. 8. True North Compliance Services, Inc. 9. UpAvanti Inc. 10. West Coast Code Consultants, Inc. 2. Authorize the City Manager to take any actions as necessary to implement and administer the above agreements, to negotiate and execute amendments, and exercise options to renew for up to two additional years, subject to the maximum aggregate compensation above, appropriation of funds, and review and approval as to form by the City Attorney. City of Santa Clara Page 7 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 3.G 24-687 Action to Approve an Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement and Related Budget Amendment Recommendation: 1. Approve the Office of Traffic Safety Selective Traffic Enforcement Program Grant Agreement; 2. Approve the FY 2024/25 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $7 0,000 and establish a Selective Traffic Enforcement Program Grant appropriation in the amount of $7 0,000 (five affirmative Council votes required to appropriate additional revenue); and 3. Authorize the Chief of Police, City Manager and/or Finance Director to sign the required grant-related documents in final forms approved by the City Attorney. 3.H 24-647 Action on Final Map for Tract No. 10615 at 3077-3155 El Camino Real Recommendation: 1. Approve the Final Map for Tract No. 10615; 2. Authorize the City Manager to make minor modifications, if necessary, prior to recordation; and 3. Authorize the recordation of the Final Map for Tract No. 10615, which merges two parcels into one lot for condominium purposes located at 3077-3155 El Camino Real [APN 220-32-057 & 220-32-058 (2024-25)]. 3.I 24-1601 Action on a Resolution Ordering the Vacation of a Sanitary Sewer and Storm Drain Easement, and Electrical Easement at 3077-3157 El Camino Real Recommendation: 1. Adopt a Resolution Ordering the Vacation of a Sanitary Sewer and Storm Drain Easement, and Electrical Easement at 3077-3157 El Camino Real [APN 220-32-057 (2024-25)]; and 2. Authorize the recordation of the Resolution. City of Santa Clara Page 8 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 3.J 24-804 Report on Actions Taken During Council Recess from July 17, 2024 through August 19, 2024 Recommendation: Note and file the Report on Actions Taken During City Council Recess from July 17, 2024 through August 19, 2024 3.K 24-859 Action on a Resolution Approving the 2025 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission Recommendation: Adopt a Resolution approving the 2025 Civil Service Commission Calendar of Meetings and setting the number and start time of regular Civil Service Commission meetings. 3.L 24-803 Action on a Resolution Accepting from the Santa Clara Valley Water District an Aerial Easement Deed for the San Tomas Junction Substation Project in Consideration of a One-time Payment not to exceed $2,000 Recommendation: Adopt the Resolution authorizing (a) the City Manager to accept and execute, in substantial form, the attached Aerial Easement Deed (Easement Deed) and the real property interest contained therein for an overhead electric aerial easement at San Tomas Aquino Creek [APN 104-40-008 & 104-39-022]; (b) the payment not to exceed $2,000 for the Easement Deed and real property interests contained therein; and (c) the City Clerk to record the Easement Deed. 3.M 24-869 Authorize the City Manager to execute a Side Letter Agreement between the City of Santa Clara and Unclassified Miscellaneous Management Employees (Unit 9) Regarding Healthcare Benefits Recommendation: 1. Authorize the Office of the City Manager to execute a Side Letter Agreement between the City of Santa Clara and Unclassified Miscellaneous Management Employees (Unit 9) in the form presented, extending the employer contribution for medical insurance premiums to 90% of the lowest Kaiser rate for employee plus family coverage, effective January 1, 2025 SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR City of Santa Clara Page 9 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 4.A 24-823 Action on Stadium Authority Bills and Claims for the Month of July 2024 Recommendation: Approve the list of Stadium Authority Bills and Claims for July 2024. 4.B 24-761 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter and Fiscal Year Ending March 31, 2024 and Related Budget Amendments Recommendation: 1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter and Fiscal Year Ending March 31, 2024; and 2. Approve the FY 2024/25 Budget Amendments in the Operating Budget in the amount of $3,864,901, Debt Service Budget in the amount of $126,179 and Capital Expense Budget in the amount of $78,024 to make technical actions to true up fund balances based on actual FY 2023/24 performance. 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 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 5. 24-46 Action on a Resolution Approving an Electric Revenue Bond Issuance Estimated at $130 Million Plus a 10% Contingency for a Total Amount not to Exceed $143 Million to Finance Capital Costs of the Electric System, Authorizing the Execution and Delivery of Related Documents, and Other Related Actions; and Approval of Related Budget Amendment Recommendation: 1. That the City Council by Resolution: a. Authorize issuance of the Electric Revenue Bonds, Series 2024 A subject to the terms set forth in the Authorizing Resolution; b. Approve and authorize the City Manager or designee to execute the Fourth Supplemental Electric Revenue Bond Indenture, in substantially the form attached to this Report to Council; c. Approve the following underwriters in connection with the Electric Revenue Bonds, Series 2024 A: J.P. Morgan Securities LLC, RBC Capital Markets, LLC, and Siebert Williams Shank & Co., LLC; and approve and authorize certain City officers or designees to execute the Bond Purchase Contract, in substantially the form attached to this Report to Council; d. Approve the Preliminary Official Statement, in substantially the form attached to this Report to Council; and authorize (i) certain City officers or designees to execute a certificate to deem the Preliminary Official Statement substantially final, and (ii) the City Manager or designee to execute a Final Official Statement in substantially the form of the Preliminary Official Statement; e. Authorize applicable City officers to modify the Fourth Supplemental Electric Revenue Bond Indenture, the Bond Purchase Contract, Preliminary Official Statement, and Final Official Statement to reflect the terms of the sale of the Electric Revenue Bonds, Series 2024 A, subject to any requirements and limitations contained in the Authorizing Resolution; f. Approve and authorize the City Manager to execute the Continuing Disclosure City of Santa Clara Page 11 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting Agreement, in substantially the form attached to this Report to Council, with such changes as the City Manager or the Director of Finance shall approve subject to any requirements and limitations contained in the Authorizing Resolution; and g. Authorize certain City officers to execute all required agreements, documents, and certificates necessary to effect the sale and delivery of the Electric Revenue Bonds, Series 2024 A by the agreements and documents approved under the Authorizing Resolution; and to do any and all things and to execute and deliver such other agreements, documents and certificates in connection with the issuance and delivery of the Electric Revenue Bonds, Series 2024 A, subject to any requirements and limitations contained in the Authorizing Resolution; and h. Authorize certain other actions set forth in the Authorizing Resolution, with the understanding that all required agreements and disclosure documents shall be subject to final approval as to form by the City Attorney. 2. Approve the following FY 2024/25 budget amendments: a. In the Electric Utility Fund, increase the transfer to the Electric Utility Debt Service Fund and decrease the Unrestricted Ending Fund Balance in the amount of $9.8 million (five affirmative Council votes required for the use of unused balances); and b. In the Electric Utility Debt Service Fund, increase the transfer from the Electric Utility Fund and increase the Debt Service appropriation in the amount of $9.8 million (five affirmative Council votes required to appropriate additional revenue). City of Santa Clara Page 12 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 2024 Meeting 6. 24-634 Action on Recommendation from Governance and Ethics Committee to Amend Council Policy 020 ("Proclamations, Commendations and Certificates of Recognition") to update the definitions and process for issuing proclamations, commendations and certificates of recognition. Recommendation: Approve Recommendations from Governance and Ethics Committee and adopt a resolution to amend Council Policy 020 (“Proclamations, Commendations and Certificates of Recognition”) ") to update the definitions and process for issuing proclamations, commendations and certificates of recognition. REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS CITY MANAGER/EXECUTIVE DIRECTOR REPORT ADJOURNMENT The next regular scheduled meeting is on Tuesday, September 24, 2024 in the City Hall Council Chambers. MEETING DISCLOSURES City of Santa Clara Page 13 of 14 Printed on 9/6/2024 Council and Authorities Concurrent Meeting Agenda September 10, 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 14 of 14 Printed on 9/6/2024