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
4:30 PMTuesday, April 4, 2023
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 [email protected] 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 [email protected]..
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
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 April 4, 2023 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 - 4:30 PM | Study Session - 5:00 PM | Regular Meeting - 7:00 PM 4:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1. Conference with Real Property Negotiators (CC)
Pursuant to Government Code § 54956.8
Property: 2435 Lafayette Street, Santa Clara, California 95050 (APN: 224-35-020)
City Negotiator: City Manager (or designee)
Negotiating Counterparties: Wesco Properties, Inc ., Home Depot
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (terms and conditions, including, price and terms of payment)
23-438
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)
5:00 PM STUDY SESSION
Call to Order in the Council Chambers
2.A Project Update and Action on a Resolution Adopting the Santa Clara Valley Transportation Authority's Central Bikeway Feasibility Study
23-146
Adopt a resolution adopting the Central Bikeway
Study Feasibility Final Report.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
2.B Mission City Memorial Park (Cemetery) Operations - Study Session
23-1633
Review the staff presentation and provide input.Recommendation:
7:00 PM COUNCIL/SPECIAL STADIUM AUTHORITY MEETING
*Open Session to 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
3. Per City Council Policy 042: Reconsideration of Council Action-Reconsideration of Council action taken March 7, 2023 regarding a Resolution Declaring City -Owned Property Located at 2319 Gianera Street as Surplus Land as Required by State Law [APNs: 104-05-052]
23-484
Alternative 1: Approve a Resolution Declaring
City-Owned Property Located at 2319 Gianera Street
Surplus.
Recommendation:
SPECIAL ORDER OF BUSINESS
4.A Proclamation of Earth Day/Arbor Day for April 27, 202323-41
4.B Presentation for 2023 Santa Clara Relay for Life by American Cancer Society
23-375
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 April 4, 2023
5.A Action on the Minutes of January 10, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium
Authority Meeting; January 31, 2023 Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting;
February 7, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; and the
February 21, 2023 Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting
23-471
Approve the Meeting Minutes of January 10, 2023
Council and Authorities Concurrent and Special Santa
Clara Stadium Authority Meeting, January 31, 2023
Council and Authorities Concurrent and Santa Clara
Stadium Authority Meeting, February 7, 2023 Council
and Authorities Concurrent and Special Santa Clara
Stadium Authority Meeting and the February 21, 2023
Council and Authorities Concurrent and Santa Clara
Stadium Authority.
Recommendation:
5.B Board, Commissions and Committee Minutes23-10
Note and file the Minutes of:
Parks & Recreation Commission - February 21, 2023
Recommendation:
5.C Action on Bills and Claims Report (CC, SCSA, HA) for the period February 4, 2023 - March 3, 2023
23-397
Approve the list of Bills and Claims for February 4,
2023 - March 3, 2023.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
5.D Action on an Agreement with Ray Klein Inc ., dba Professional Credit to Provide Collection Services to the City for Bad Debt and Delinquent Accounts
23-399
1. Approve and authorize the City Manager to
execute an agreement (Agreement), in
substantially the form attached hereto, with Ray
Klein, Inc., dba Professional Credit to provide
full-service collection services for unpaid and
delinquent accounts receivable and utility accounts
referred by the City starting on or about May 1,
2023 and ending on April 30, 2028; and
2. Authorize the City Manager to execute up to two
two-year options to extend the Agreement after the
initial five-year term (with the final term ending on
April 30, 2032, if all options are exercised) and
authorize the City Manager to take any and all
actions as are necessary or advisable to
implement and administer the Agreement.
Recommendation:
5.E Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations; Determine the Proposed Actions are Exempt from CEQA Pursuant to Sections 15302(c) and
15303 (d) of Title 14 of the California Code of Regulations 23-124
Determine the proposed actions are exempt from
CEQA pursuant to sections 15302(c) and 15303(d) 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 located at 1876 Cabrillo Avenue, 1205 Coleman Avenue, and 2920
Scott Boulevard.
Recommendation:
5.F Action on a Request for a Two -Year Special Permit to Use the Santa Clara Marriott Hotel Parking Lot as an Event Site at 2700 Mission College Boulevard (CEQA: Exempt 15304(e) Class 4 - Minor Alterations to Land)
23-231
Approve the Use of a Categorical Exemption per
CEQA 15304(e) Class 4 - Minor Alterations to Land
and Approve the Request for a Two-Year Special
Permit to use the Santa Clara Marriott Hotel Parking
Lot as an Event Site at 2700 Mission College
Boulevard, subject to conditions.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
5.G Action on Resolution Authorizing the City Manager to Execute Agreements and Other Necessary Documents for Participation in the National Prescription Opiate Litigation Settlement; Action to Authorize the City Manager to Negotiate and Execute Future Agreement(s) with the State or County for Use of Settlement Proceeds Without Further Council Action.
23-410
1. Adopt a Resolution Authorizing the City Manager
to Execute Agreements and Other Necessary
Documents for Participation in the National
Prescription Opiate Litigation Settlement
Agreements; and
2. Authorize the City Manager to Negotiate and
Execute Future Agreement(s) with the State or
County for Use of Settlement Proceeds Without
Further Council Action.
Recommendation:
5.H Action to Adopt a Resolution Approving the Water Supply Assessment for Mission Point - 3005 Democracy Way
23-254
Adopt a Resolution approving the Water Supply
Assessment for Mission Point - 3005 Democracy
Way.
Recommendation:
5.I Action on a Vesting Tentative Subdivision Map for 15 Condominium Units at 3575 De La Cruz Boulevard (CEQA: Use of the 2010-2035 General Plan Environmental Impact Report (EIR) per Public Resources Code Section 21094.5 and State CEQA Guidelines Section 15183.3, Streamlining for Infill Projects)
23-422
1. Adopt a resolution to find that the proposed
subdivision is within the scope of the 2010-
2035 General Plan Environmental Impact
Report (EIR) per Public Resources Code
Section 21094.5 and State CEQA Guidelines
Section 15183.3, Streamlining for Infill Projects
as detailed in an Appendix N checklist; and
approve the Vesting Tentative Subdivision
Map to develop the parcel (101-15-049) with
15 condominiums at the property located at
3575 De La Cruz Boulevard.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
5.J Action on the Updated Outside Agencies Committee List23-474 Approve the updated Outside Agencies Committee
List
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
6.A Action on a Resolution of the Santa Clara Stadium Authority Authorizing the Deposit of Stadium Authority Funds Into the State's Local Agency Investment Fund and Authorizing Staff to Deposit and Withdraw These Funds
23-414
Adopt a Resolution Authorizing the Deposit of
Stadium Authority Funds into the State's Local Agency
Investment Fund and Authorizing Staff to Deposit and
Withdraw These Funds
Recommendation:
6.B Action on a Resolution to Delegate Authority to the Executive Director and the Stadium Authority Counsel to Negotiate and Execute Documents Necessary to Implement Selection of US Bank as the Depositary Bank Under the Deposit and
Disbursement Agreement
23-338
Adopt a Resolution to Delegate Authority to the
Executive Director and the Stadium Authority Counsel
to Negotiate and Execute Documents Necessary to
Implement Selection of US Bank as the Depositary
Bank Under the Deposit and Disbursement
Agreement.
Recommendation:
6.C Action on Request Submitted by the Stadium Manager to Execute Agreement with West Coast Turf to Supply and Deliver Sod and Related Installation Services at Levi’s Stadium
6.C.1 Request from the Stadium Manager to Execute Agreement with West Coast Turf to Supply and Deliver Sod and Related
Installation Services at Levi’s Stadium
23-314
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
6.C.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with West Coast Turf to Supply and Deliver Sod and Related Installation Services at Levi’s Stadium
23-315
1. Approve the Stadium Manager’s request to
execute an agreement with West Coast Turf to
supply and deliver sod and related installation
services at Levi’s Stadium for a three-year
period beginning April 1, 2023 through March
31, 2026, in an amount not exceed $1,600,000
per contract year for a total not to exceed
amount of $4,800,000 over the three-year
period, subject to budget appropriations; and
2. Authorize the Executive Director to approve the
Stadium Manager’s exercise of the option to
extend the agreement with the same basic
terms and conditions for two additional
one-year periods, subject to budget
appropriations.
Recommendation:
6.D Action on Request Submitted by the Stadium Manager for Retroactive Approval of Incurred Expenses for Non-NFL Events-Related Marketing, Networking, and Travel and Entertainment Activities
6.D.1 Request from the Stadium Manager for Retroactive Approval of Incurred Expenses for Non -NFL Events -Related Marketing, Networking, and Travel and Entertainment Activities
23-370
6.D.2 Report from the Stadium Authority for Action on Stadium Manager’s Request for Retroactive Approval of Incurred
Expenses for Non -NFL Events -Related Marketing, Networking, and Travel and Entertainment Activities
23-371
1. Approve the Stadium Manager’s request for
retroactive approval of expenses incurred by the
Stadium Manager on behalf of the Stadium
Authority in an amount up to $44,162 for the FY
2022/23 Non-NFL Events-related marketing,
networking, and travel and entertainment activities,
including client entertainment with alcohol,
described in this report.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
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
7 Discussion and Potential Action on Request from the Office of Assemblymember Evan Low to Support ACA 5
23-477
Staff makes no recommendation.Recommendation:
8. Public Hearing: FY23/24 DRAFT Annual Action Plan for the Use of Federal Housing and Urban Development Grant Funds
23-180
1. Approve the 2023-2024 DRAFT Annual Action
Plan, and direct staff to incorporate all public
comment into the final version to be presented to
council on May 9, 2023.
Recommendation:
9. Receive Silicon Valley Power Quarterly Update23-135
Note and file the Silicon Valley Power Quarterly
Update.
Recommendation:
10. Action on Resolution for an Exception to the 180 Day Waiting Period to Appoint Retired Annuitant, Mark Giovannetti, A Retired Annuitant To Serve as Temporary Extra Help (Government
Code Sections 7522.56 and 21224) in the Finance Department to Perform Work as a Purchasing Division Manager
23-439
Alternative 1: Adopt the attached Resolution for an
Exception to the 180 Day Waiting Period To Appoint,
Mark Giovannetti, A Retired Annuitant To Serve as
Temporary Extra Help (Government Code Sections
7522.56 and 21224) in the Finance Department to
Perform Work as a Purchasing Division Manager
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 2023
11. Action on a Written Petition (Council Policy 030), Submitted by Mayor Gillmor Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider a Subpoena and
Compel Production of a Full and Complete Set of FIFA World Cup 2026 Levi Stadium, Santa Clara Documents from the San Francisco 49er Management Company, Bay Area Host
Committee or other 49er Entity as Appropriate
23-478
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Tentative Meeting Agenda Calendar (TMAC)23-497
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, April 18, 2022 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda April 4, 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.
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 :[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.