City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:00 PMTuesday, January 31, 2023
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. 22-9178 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
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.
Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1.A Public Employment Appointment (Government Code §§ 54957, subd. (b)(1) and 54954.5, subd. (e))
Title: City Manager
23-73
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
1.B Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: Please see below listing for APNs and addresses City/Authority Negotiator: Rajeev Batra, City Manager /Executive Director (or designee)
Negotiating Parties: Please see below listing for names for negotiating party(ies)
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
23-91
1.C Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: City Manager’s designee
Employee Organization(s):
Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer’s Association
Unit #3-IBEW Local 1245 (International Brotherhood of
Electrical Workers)
Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit # 6-AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit # 10-PSNSEA (Public Safety Non -Sworn Employees
Association)
23-85
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)
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
7:00 PM JOINT COUNCIL/STADIUM AUTHORITY MEETING
*Open Session will begin at 7:00 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 Proclaim February 2023 as Black History Month23-1446
2.B Recognition of the Bill Wilson Center ’s 50 Years of Service and Recognition of Chief Executive Officer Sparky Harlan
23-40
2.C Verbal Report from the Chief Emergency Services Officer regarding COVID-19 Pandemic
23-47
2.D Verbal Report Update from City Manager Regarding the Local Drought Emergency
23-48
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 Action on October 3, 2022 Special City Council Meeting and October 4, 2022 Council and Authorities Concurrent Meeting Minutes
23-46
Approve the Meeting Minutes of October 3, 2022
Special City Council Meeting and October 4, 2022
Council and Authorities Concurrent Meeting.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
3.B Board, Commissions and Committee Minutes23-05
Note and file the Minutes of:
Planning Commission - November 9, 2022
Planning Commission - December 7, 2022
Cultural Commission - November 7, 2022
Cultural Commission - December 5, 2022
Youth Commission - December 13, 2022
Parks & Recreation Commission - November 15,
2022
Senior Advisory Commission - November 28, 2022
Recommendation:
3.C Action on Monthly Financial Status and Investment Reports for November 2022 and Approve the Related Budget Amendments 23-54
Note and file the Monthly Financial Status and
Investment Reports for November 2022 as presented
and Approve the Related Budget Amendments (five
affirmative Council votes required to appropriate
additional revenue or for the use of unused balances).
Recommendation:
3.D Approval of the Annual Investment Policy Statement for the City of Santa Clara, its Agencies and Corporations
23-1447
Approve the Investment Policy for the City of Santa
Clara, its agencies and corporations.
Recommendation:
3.E Action on the Federal and State Income Tax Exempt Reporting for Fiscal Year 2021/2022
23-1562
Authorize the Executive Director, or designee, to file
the 2021 Internal Revenue Service Form 990 (Return
of Organization Exempt from Income Tax) and the
State of California Form 199 (Exempt Organization
Annual Information Return) on behalf of the City of
Santa Clara Public Facilities Financing Corporation.
Recommendation:
3.F Action on the Adoption of a Resolution Accepting the AB 1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2022
23-1560
Adopt a Resolution accepting the AB1600 Report on
Development Impact Fees for fiscal year ending June
30, 2022 and making findings regarding the
continuing need for the unexpended balances of
impact fees as of June 22, 2022.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
3.G Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting February 21, 2023 for Public Hearing and Adopt a Class 8 CEQA Categorical Exemption
23-1502
1. Adopt a Resolution ordering the abatement of
nuisance consisting of growing weeds in the City;
2. Set February 21, 2023 as the date for the required
Public Hearing; and
3. Adopt a Class 8 Categorical Exemption under
CEQA Guidelines Section 15308.
Recommendation:
3.H Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations
23-1537
Determine the proposed actions are exempt from
CEQA pursuant to Sections 15302(c) and 15303 of
Title 14 of the California Code of Regulations and
adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report to Council at
2201 Laurelwood Drive, 2905 Stender Way, Corner of
Shulman Avenue & Memorex Drive, 2201 Laurelwood
Drive, 2590 Walsh Avenue, 3500 El Camino Real,
795 Comstock Street, 3510 Bassett Street, and 159
Brookside Avenue.
Recommendation:
3.I Action on the Approval of Officer Wellness and Mental Health Grant Program Funding from the Board of State and Community Corrections and Approve Related Budget Amendment
23-39
1. Approve Officer Wellness and Mental Health
Grant Program Funding from the Board of
State and Community Corrections; and
2. Approve the FY 2022/23 budget amendment in
the Police Operating Grant Trust Fund to
recognize grant revenue in the amount of
$98,282 and establish a Board of State and
Community Corrections appropriation in the
amount of $98,282 (five affirmative Council
votes required to appropriate additional
revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
3.J Action on Appointments to City Committees and Outside Agency Committees for the 2023 Calendar Year
23-52
Approve the appointments to the 2023 City
Committees and Outside Agency Committees.
Recommendation:
3.K Authorize the City Manager to Accept Partial Donations from the Magical Bridge Foundation and Make Partial Payments to the Magical Bridge Foundation for the Central Park Magical Bridge Playground Project
23-65
Authorize the City Manager to accept partial
donations from the Magical Bridge Foundation and
make partial payments to the Magical Bridge
Foundation for the Central Park Magical Bridge
Playground Project.
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4.A Action on Stadium Authority Bills and Claims for the Month of November 2022
23-1514
Approve the list of Stadium Authority Bills and Claims
for November 2022.
Recommendation:
4.B Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of July 1 to September 30, 2022
23-1367
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and
corresponding minutes for the period of July 1 to
September 30, 2022.
Recommendation:
4.C Action on Request Submitted by the Stadium Manager to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project)
4.C.1 Request from the Stadium Manager to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage
Elements, and Procure Event -Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project)
23-113
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
4.C.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi ’s Stadium (Stadium Event Signage CapEx Project)
23-125
1. Approve the Stadium Manager’s request to
award a one-time agreement to Fluoresco
Services, LLC to repaint select existing
signage elements, install newly fabricated
signage elements, and procure specified
event-related signage products for Levi’s
Stadium (Stadium Event Signage CapEx
Project) in the amount of $120,695;
2. Authorize the Executive Director or his
designee to approve the Stadium Manager’s
execution of any and all documents associated
with, and necessary for the award, completion,
and acceptance of the project; and
3. Authorize the Executive Director or his
designee to approve the Stadium Manager’s
execution of change orders up to $4,028 of the
contract cost, for a total not to exceed
construction agreement amount of $124,723.
Recommendation:
4.D Action on Request Submitted by the Stadium Manager to Award Purchase Orders to Valley Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit
4.D.1 Request from the Stadium Manager to Award Purchase Orders to Valley Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit
23-132
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
4.D.2 Report from the Stadium Authority for Action on Stadium Manager’s Request to Award Purchase Orders to Valley
Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit
23-133
1. Approve the Stadium Manager’s request to
award a purchase order to VTA in the amount
of $3,900 for the annual Construction Access
Permit and related training for Stadium
Manager staff;
2. Approve payment via credit card to IPROVEIT
in an amount not to exceed $500 for the
background screenings of Stadium Manger
staff as required by the VTA Construction
Access Permit and shipping of badges; and
3. Approve the Stadium Manager’s request to
award a purchase order to Benjamin Litho, Inc.
in the amount of $153 to print cards for Guest
Services.
Recommendation:
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
5. Public Hearing: Action on Amendment to the City of Santa Clara General Plan by Adopting an Updated Housing Element for the 2023-2031 Housing Element Cycle
23-276
Alternatives: 1 & 2
1. Adopt a Resolution to Adopt the Addendum to the
2010-2035 General Plan Environmental Impact
Report.
2. Adopt a Resolution to Amend the General Plan by
Adopting an Updated Housing Element for the
2023-2031 Cycle.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
6. Public Hearing: Action on Appeal of Planning Commission Approval of a Variance to Maintain a 68 Square Foot Accessory Building in the Rear Yard of a Single -Family Residence, at a Site Located at 2121 Sheraton Drive, Santa Clara; and Action on a Class 1(e) CEQA Categorical Exemption
23-1533
Alternative 1: Sustain the appeal and overrule the
Planning Commission’s approval of a Variance to
maintain a 68 square foot accessory building in the
rear yard of a single-family residence, at a site located at 2121 Sheraton Drive, Santa Clara
Recommendation:
7. Action on a Written Petition to Waive the Fees for City Services Related to Three (3) Baseball Fundraising Tournaments at Washington Park Ballfield
23-89
In consideration of the City’s adopted Cost Recovery
Policy and eligibility for a Community Grant Award, it
is recommended that the Petitioner be directed to
submit a grant request for eligible expenses to City’s
Community Grant Award Program in an amount not to
exceed $10,000 to offset tournament expenses.
Recommendation:
8. Action to Adopt a Resolution Approving and Adopting the Updated Unclassified Salary Plan for the position of City Attorney
23-64
Adopt a Resolution to approve the revised
unclassified salary plan for the position of City
Attorney to satisfy the requirements of California Code of Regulations Section 570.5 effective March 1, 2023
Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Update on City Council and Stadium Authority Staff Referrals23-905 Tentative Meeting Agenda Calendar (TMAC)23-49
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, February 7, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda January 31, 2023
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.