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
7:00 PMTuesday, May 9, 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 May 9, 2023
Closed Session - 4:00 PM | Study Session - 5:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1.A Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: 2435 Lafayette Street, Santa Clara, CA 95050; APN 224-35-020
City/Authority Negotiator: Jōvan D. Grogan, City Manager (or designee)
Negotiating Parties: Wesco Properties, Inc./Home Depot
Under Negotiation: Purchase/Sale/Exchange/Lease of Real Property (provisions, price and terms of payment)
23-616
1.B Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
City of Santa Clara v. Wesco Properties, Inc. et al ., Santa Clara County Superior Court Case No. 21CV380278
23-617
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. Study Session to review Proposed FY 2023/24 and FY 2024/25 Biennial Operating Budget and FY 2023/24 Capital Improvement Program Budget Changes
23-142
1. Review and provide input on the Proposed FY
2023/24 and FY 2024/25 Biennial Operating Budget
and FY 2023/24 Capital Improvement Program
Amendments.
Recommendation:
7:00 PM COUNCIL REGULAR MEETING
*Open Session to begin at 7:00 PM or shortly thereafter.
Council and Authorities Concurrent
Meeting
Meeting Agenda May 9, 2023
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
3.A Action on the Appointment of Youth Commissioners for the FY2023/24 Term
23-562
That Council take the following actions related to the
FY2023/24 Youth Commission:
a) reappoint Aarva Gupta, Jasmine Kelly-Tanti,
Khadeejah Khan, Malia Martin, Hiranya Parekh, Rajvi
Khanjan Shroff, Samarth Suresh and Sarah Zuo as
Youth Commissioners;
b) appoint Simren Garg, Fatimah Ismail, Ryan Kim,
Kira Liang, Keith Maben, Samaria Mehta and
Sudeepthi Ravipati as Youth Commissioners; and,
c) appoint Namita Gaidhani and Maryam Ismail as
alternates to the Youth Commission.
Recommendation:
3.B Recognition of Outgoing Youth Commission Members for FY2022/23
23-561
3.C Recognition of Red Cross Month and Volunteers of the Red Cross
23-450
3.D Proclamation of Drinking Water Week May 7-13, 202323-540
3.E Presentation by the Senior Advisory Commission on the Upcoming “Be Strong, Live Long” 2023 Health & Wellness Fair 23-483
3.F Recognition of Volunteer Donna West23-587
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 May 9, 2023
4.A Board, Commissions and Committee Minutes23-12
Note and file the Minutes of:
Bicycle and Pedestrian Advisory Committee -
October 24, 2022
Bicycle and Pedestrian Advisory Committee - January
23, 2023
Planning Commission - January 11, 2023
Parks & Recreation Commission - March 21, 2023
Senior Advisory Commission - March 27, 2023
Recommendation:
4.B Action on Bills and Claims Report (CC, SCSA, HA) for the period March 4, 2023 - April 7, 2023
23-488
Approve the list of Bills and Claims for March 4, 2023
- April 7, 2023.
Recommendation:
4.C Authorize the City Manager to Negotiate and Execute an Agreement for Services with Cormetech, Inc. for the
Replacement of Two Selective Catalytic Reduction Nitrogen Oxides Catalysts and to Provide Ongoing Catalyst Sampling, Testing, Inspection, and Maintenance Services at the Donald Von Raesfeld Power Plant for Silicon Valley Power
23-102
1. Determine that the proposed actions are
categorically exempt from CEQA pursuant to
Section 15301 of Title 14 of the California Code of
Regulations;
2. Authorize the City Manager to negotiate and
execute an Agreement for Services with
Cormetech, Inc. with a maximum compensation not
to exceed $1,000,000 over a five-year term and
take any necessary or advisable actions to
implement and administer the Agreement; and
3. Authorize the City Manager to negotiate and
execute amendments to the Agreement to (a) add
or delete services consistent with the scope of the
services for the Agreement, (b) incorporate future
rate adjustments, and (c) increase maximum
compensation if required up to a maximum
compensation of $1,500,000, subject to the
appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 9, 2023
4.D Action on Agreement with Noll and Tam Architects for Professional Services for the Patrick Henry Drive Specific Plan Community Art Center Project and Related Budget Amendment 23-423
1. Authorize the City Manager to execute an
Agreement with Noll and Tam Architects to provide
professional services for the Patrick Henry Drive
Specific Plan Community Art Center, in
substantially the form presented, with maximum
compensation not-to-exceed $529,353, in a final
form approved by the City Attorney;
2. Authorize the City Manager to execute change
orders limited to the deletion, addition, or
modification of services, which result in no increase
to the compensation or any other term or condition
of the Agreement;
3. Authorize the City Manager to execute
amendments to the Agreement to make minor
revisions and to extend the term of the agreement
as required to complete the project; and
4. Approve the following FY 2022/23 budget
amendment in the Parks and Recreation Capital
Fund to establish a Patrick Henry Drive Specific
Plan Community Art Center Project, establish a
project appropriation in the amount of $529,353,
and decrease the Mitigation Fee Act fund balance
by the same amount (five affirmative Council
votes required for the use of unused
balances).
Recommendation:
4.E Action on a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2023/24
23-331
Adopt a Resolution Authorizing the Filing of an
Application with the Metropolitan Transportation
Commission for Allocation of Transportation
Development Act Article 3, Pedestrian and Bicycle
Project Funding for Fiscal Year 2023/24.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 9, 2023
4.F Action on a Resolution Regarding the City of Santa Clara ’s Intention to Issue Tax -exempt Electric System Bonds for Reimbursement of Expenditures for Certain Capital Improvement Projects of Silicon Valley Power
23-104
Adopt a Resolution regarding the City of Santa
Clara’s intention to issue tax-exempt electric system
bonds for reimbursement of expenditures for certain
Capital Improvement Projects of Silicon Valley Power.
Recommendation:
4.G Action on a Resolution to Adopt a List of Projects Funded by Senate Bill 1, The Road Repair and Accountability Act, for Fiscal Year 2023-24
23-349
Adopt a Resolution to Adopt a List of Projects Funded
by Senate Bill 1, The Road Repair and Accountability
Act, for Fiscal Year 2023-24.
Recommendation:
4.H Action on a Resolution approving the 2023 Deferred
Compensation Committee Calendar of Meetings, and setting the Number and Start Time of Regular Meetings of the Deferred Compensation Committee.
23-566
Adopt a Resolution approving the 2023 Deferred
Compensation Committee Calendar of Meetings, and
setting the number and start time of regular Deferred
Compensation Committee meetings for 2023.
Recommendation:
4.I Action to Adopt a Resolution to Terminate the Proclamation of Emergency Drought Conditions, Continue Stage 2 of the Water Shortage Contingency Plan, and Establish a 15% Voluntary Water Use Reduction
23-487
1. Adopt a Resolution to Terminate the Proclamation
of Emergency Drought Conditions, Continue Stage 2
of the Water Shortage Contingency Plan, and Adopt a
15% Voluntary Water Use Reduction Compared to
2019 Usage in Alignment with the Valley Water.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 9, 2023
4.J Waive First Reading and take Action on the Introduction of an Ordinance to Repeal Chapter 15.45 (Prevention of Flood
Damage Code) and Adopt the New Floodplain Management
Ordinance Establishing a New Chapter 15.45 (Floodplain
Management Regulations) of the Santa Clara City Code .
(CEQA: Exempt Pursuant to CEQA Guidelines Section 15061(b) (3), Projects Which Do Not Have the Potential for Causing a Significant Effect on the Environment)
23-138
Alternative 1: Repeal Chapter 15.45 (Prevention of Flood Damage Code) and adopt the new
Floodplain Management Ordinance establishing a new
Chapter 15.45 (Floodplain Management
Regulations).
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: FY23/24 FINAL Annual Action Plan for the Use of Federal Housing and Urban Development Grant Funds
23-181
1. Approve the 2023-2024 FINAL Annual Action Plan,
and direct staff to incorporate all public comment
into the final version prior to submission to Housing
and Urban Development by May 15, 2023.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 9, 2023
6. Public Hearing: Waive First Reading and take Action on the Introduction of an Ordinance to Amend Zoning Code Section
18.60.050 to Permit Fuel Cells and Photovoltaic Panels as an Allowable Use without Need for a Use Permit, as well as Require Other Electric Power Plants to Adhere to State of California Emissions Requirements in MP - Planned Industrial, ML - Light Industrial, MH - Heavy Industrial, B - Public, Quasi-Public, and Public Park or Recreation, and PD - Planned Development Zoning Districts
23-556
Waive First Reading and Introduce an Ordinance to
Amend Zoning Code Section 18.60.050 to Permit
Fuel Cells and Photovoltaic Panels as an Allowable
Use without Need for a Use Permit, as well as
Require Other Electric Power Plants to Adhere to
State of California Emissions Requirements in MP -
Planned Industrial, ML - Light Industrial, MH - Heavy
Industrial, B - Public, Quasi-Public, and Public Park or Recreation, and PD - Planned Development Zoning
Districts
Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Tentative Meeting Agenda Calendar (TMAC)23-634
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, May 23, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda May 9, 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.
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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.