City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:30 PMTuesday, July 5, 2022
The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution No. 22-9096, Councilmembers may teleconference from remote locations and the City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected]
(Comments received after 2:00 p.m. on the day of the meeting, will be made part of the public record but will not be read out loud during the meeting) 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.
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on July 5, 2022, at 5:30 pm for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.
Closed Session - 5:30 PM | Regular Meeting - 6:30 PM
5:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
1. Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(2) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances: Pursuant to Gov. Code § 54956.9(e) (1) - Not disclosed on agenda
22-890
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)
6:30 PM COUNCIL/SPECIAL STADIUM MEETING
*Open Session is to begin at 6:30 PM or shortly thereafter.
Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Verbal Report Update from Director of Water and Sewer Regarding the Local Drought Emergency
22-895
2.B Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic
22-835
SANTA CLARA STADIUM AUTHORITY CONSENT ITEM DEFERRED FROM JUNE 21, 2022
3. Action on Request Submitted by the Stadium Manager to Execute Agreement with Blue’s Roofing Company for Recoating Existing Traffic Bearing Membrane in the Seating Bowl and Concourse Areas at Levi’s Stadium (General Areas/Coatings Main Deck CapEx Project) (Deferred from June 21, 2022 Meeting)
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
3.A Request from the Stadium Manager to Execute Agreement with Blue’s Roofing Company for Recoating Existing Traffic Bearing Membrane in the Seating Bowl and Concourse Areas at Levi ’s Stadium (General Areas /Coatings Main Deck CapEx Project ) (Deferred from June 21, 2022 Meeting)
22-887
3.B Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Blue ’s Roofing Company for Recoating Existing Traffic Bearing Membrane in the Seating Bowl and Concourse Areas at Levi ’s Stadium (General Areas /Coatings Main Deck CapEx Project) ( Deferred from June 21, 2022 Meeting)
22-888
Approve the Stadium Manager’s request to execute
an agreement with Blue’s Roofing Company in the
amount of $2,505,744 for recoating the existing traffic bearing membrane in the seating bowl and concourse
areas at Levi’s Stadium (General Areas/Coatings
Main Deck CapEx project); authorize the Executive
Director to approve the execution of any and all
documents associated with, and necessary for the
award, completion, and acceptance of the project;
authorize the Executive Director to approve the
issuance and execution of change orders up to
$66,383, for a total not to exceed amount of
$2,572,127; and authorize the Executive Director to
approve and process the reimbursement of such
costs upon receiving final invoices and supporting
documentation from the Stadium Manager.
Recommendation:
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.]
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
4.A Board, Commissions and Committee Minutes22-22
Note and file the Minutes of:
Parks & Recreation Commission - May 17, 2022
Planning Commission - May 25, 2022
Senior Advisory Commission - May 23, 2022
Downtown Community Task Force - March 17, 2022
Downtown Community Task Force - April 21, 2022
Downtown Community Task Force - May 19, 2022
Recommendation:
4.B Action on Bills and Claims Report (CC, SCSA) for the period May 7, 2022 - June 3, 2022
22-720
Approve the list of Bills and Claims for May 7, 2022 -
June 3, 2022.
Recommendation:
4.C Action on the 2022 Annual Report Related to the Federal Emergency Management Agency ’s National Flood Insurance Program’s Community Rating System
22-714
Note and File the 2022 Annual Report for the Santa
Clara County Multi-Jurisdictional Program for Public
Information related to the Federal Emergency
Management Agency’s National Flood Insurance
Program’s Community Rating System.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
4.D Action on an Agreement with Data Ticket, Inc. for Citation Management with an Option to Expand Services to Include Permit Processing
22-274
1. Authorize the City Manager to execute an
agreement with Data Ticket, Inc. for
parking citation and optional permit processing
services for an initial term starting on September 1,
2022 and ending on August 31, 2027;
2. Authorize the City Manager to execute up to five
one-year options to extend the
agreement after the initial five-year term, with the final term ending on August 31, 2032 if all options are
exercised, subject to appropriation of funds;
3. Authorize the City Manager to execute Purchase
Orders with Data Ticket, Inc. for
the purchase of handheld ticket writers, peripherals
and accessories as may be required, subject to the
annual appropriation of funds; and,
4. Approve the FY 2022/23 budget amendment in the
General Fund to recognize citation revenue in the
amount of $150,000 and increase the Police
Department appropriation in the amount of $24,000
(five affirmative Council votes required to
appropriate additional revenue)
Recommendation:
4.E Action on a Resolution Ordering the Vacation of a Pole Line Easement, Anchor Easement, and Portion of Public Utility Easement at 3941 Stevens Creek Boulevard
22-502
1. Adopt a Resolution Ordering the Vacation of a Pole
Line Easement, Anchor Easement, and Portion of
Public Utility Easement at 3941 Stevens Creek
Boulevard [APN 294-39-010 (2021-22); SC
22-0011]; and
2. Authorize the recordation of the Resolution.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
4.F Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the
Governor’s Proclaimed COVID State of Emergency
22-774
Adopt a Resolution finding the existence of the need
to extend AB 361 implementation to allow the City’s
legislative bodies to hold public meetings solely by
teleconference or otherwise electronically pursuant to
AB 361.
Recommendation:
4.G Informational Report on 2022 Q1 & Q2 Legislative Updates22-744 Note and file the informational report on 2022 Q2
legislative updates.
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
5. Action on Request Submitted by the Stadium Manager to Execute Agreement with Tyson Group, LLC for Stadium Builder’s License (SBL) Sales Training Services
5.A Request from the Stadium Manager to Execute Agreement with Tyson Group, LLC for Stadium Builder ’s License (SBL) Sales Training Services
22-884
5.B Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Tyson Group, LLC for Stadium Builder ’s License (SBL) Sales Training Services
22-885
Approve the Stadium Manager’s request to execute a
one-year agreement with Tyson Group, LLC in the
amount of $80,000 for SBL sales training services,
with the option to extend for two additional one-year
periods, subject to budget appropriations; authorize
the Executive Director to approve the exercise of any
option to extend the agreement for up to two
additional one-year periods, subject to budget
appropriations; and authorize the Executive Director
to approve and process the reimbursement of such
costs upon receiving final invoices and supporting
documentation from the Stadium Manager.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
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
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
6. Adoption of Resolutions Calling for a Municipal General Election and Ordering Consolidation with the Gubernatorial General Election for the Purpose of Submitting to the Voters a Business License Tax (BLT) Modernization Measure and Utility Transfer Charter Amendment; Authorizing the City Clerk to Contract with the County of Santa Clara for Services to be Performed in Connection with the Gubernatorial General Election to be Held on November 8, 2022, as well as Directing the City Attorney to Prepare an Impartial Analysis; and Setting Priorities for Ballot Arguments
22-891
1. Adopt a resolution ordering submission of a
ballot measure to the qualified electors of the
City; calling for a Special Municipal Election to
be held in the City of Santa Clara on Tuesday,
November 8, 2022, for the purpose of
submitting to City voters a measure
modernizing the City’s Business License Tax;
requesting consolidation with the
Gubernatorial General Election and election
services from Santa Clara County; directing
the City Attorney to prepare an impartial
analysis; setting priorities for ballot arguments;
and approval of the draft amendment to the
Santa Clara City Code to incorporate the
proposed changes if the measure is approved
by the voters.
2. Adopt a resolution ordering submission of a
ballot measure to the qualified electors of the
City; calling for a Special Municipal Election to
be held in the City of Santa Clara on Tuesday,
November 8, 2022, for the purpose of
submitting to City voters a measure to amend
the City’s Charter regarding Utility Transfers;
requesting consolidation with the
Gubernatorial General Election and election
services from Santa Clara County; directing
the City Attorney to prepare an impartial
analysis; setting priorities for ballot arguments;
and approval of the draft amendment to the
Santa Clara City Code to incorporate the
proposed changes if the measure is approved
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
by the voters.
7. Public Hearing: Action on Introduction of Ordinances to Establish Objective Zoning, Subdivision, and Design Standards for SB 9 Residential Projects by Amending Chapter 17.05 (Subdivisions) of Title 17 (Development) and Amending Title 18 (Zoning) to Create Chapter 18.13 (Two Unit Dwelling
Residential Development and Urban Lot Splits ); and Address Affordability Recommendations of the Planning Commission for SB 9 Developments
22-1761
Alternatives 1, 4, and 5:
1. Waive first reading and introduce an ordinance to
establish objective subdivision, zoning, and design
standards for SB 9 residential projects by
amending Title 18 (Zoning) to create Chapter 18.13
(Two Unit Dwelling Residential Development and
Urban Lot Splits) with specific modifications to the
draft ordinance as recommended by the Planning
Commission related to front yard landscaping and
solar access.
4. Waive first reading and introduce an ordinance
amending Chapter 17.05 (Subdivisions) of Title 17
(Development) to revise the subdivision process for
SB 9 developments.
5. Direct staff to bring back an ordinance amending
Chapter 17.40 (Citywide Affordable Housing
Requirements) of Title 17 (Development) to add SB
9 projects to the types of developments subject to
an affordable housing fee.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
8. Authorize the City Manager to Negotiate and Execute
Amendment No. 3 to the Agreement for Design Services with Bellecci & Associates, Inc. and Associated Budget Amendment for the Loyalton Property
22-849
Alternatives
1. Authorize the City Manager to negotiate and
execute Amendment No. 3 to the Agreement for
Design Services with Bellecci & Associates, Inc.
for engineering design services for the Loyalton
fence and site remediation project at Loyalton,
California, to increase the maximum
compensation from $170,000 to $343,581;
2. Authorize the City Manager to add or delete
services consistent with the scope of the
agreement, and allow future rate adjustments
subject to request and justification by contractor,
approval by the City, and the appropriation of
funds; and
3. Approve the following FY 2022/23 budget
amendment in the Electric Utility Operating Fund
to increase the Electric Utility Department budget
by $173,581 and decrease the unrestricted
ending fund balance by $173,581 (five
affirmative Council votes required for the
use of unused balances).
Recommendation:
9. Public Hearing: Action on a Resolution Confirming the 2022 Weed Abatement Program and Assessment
22-118
Adopt a Resolution confirming the 2022 Weed
Abatement Program Assessment Report and
Assessment.
Recommendation:
10. Consideration of Silicon Valley Power Quarterly Update22-148 Note and file the Silicon Valley Power Quarterly
Update.
Recommendation:
SANTA CLARA STADIUM AUTHORITY GENERAL BUSINESS
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
11. Action to Delegate Authority to Executive Director to Procure, Negotiate, and Execute an Agreement for Levi ’s Stadium Naming Rights Signage Assessment Services
22-863
Alternative 1
1. Authorize the Executive Director to procure,
negotiate, and execute an agreement with a
third-party vendor in an amount not to exceed
$30,000 to assess the Levi’s Stadium Naming
Rights exterior signs and make a recommendation
on the most cost-effective long-term approach.
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE
PUBLIC/COUNCIL
12. Action on a Written Petition Submitted by Councilmember Becker Requesting to Place an Agenda Item at a Future Council Meeting to Discuss the Recent Planning Commission
Appointment
22-917
Staff has no recommendation and is seeking Council
direction.
Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Update on City Council and Stadium Authority Staff Referrals22-881 Tentative Meeting Agenda Calendar (TMAC)22-920
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, July 12, 2022 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda July 5, 2022
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.
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 :[email protected]> 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.