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 23, 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:
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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 23, 2023
7:00 PM JOINT COUNCIL/STADIUM AUTHORITY MEETING
Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values
Roll Call
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
1.A Proclaim May 2023 as Asian American Pacific Islander Heritage Month
23-500
1.B Recognition of the Recipients of the Silicon Valley Power Sustainable Future Scholarship Program at Santa Clara
University
23-451
1.C Proclamation of National Public Works Week 202323-140
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.]
2.A Action on the Minutes of April 4, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting and the April 18, 2023 Joint Council and Authorities Concurrent and Santa Clara Stadium Authority Meeting
23-683
Approve the Meeting Minutes Action on the Minutes
April 4, 2023 Council and Authorities Concurrent
Special Santa Clara Stadium Authority Meeting and
the April 18, 2023 Joint Council and Authorities
Concurrent and Santa Clara Stadium Authority
Meeting.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
2.B Board, Commissions and Committee Minutes23-13
Note and file the Minutes of:
Youth Commission - March 14, 2023
Cultural Commission - April 3, 2023
Youth Commission - April 11, 2023
Parks & Recreation Commission - April 18, 2023
Recommendation:
2.C Action on Monthly Financial Status and Investment Reports for February and March 2023 and Approve the Related Budget
Amendments
23-337
Note and file the Monthly Financial Status and
Investment Reports for February and March 2023 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:
2.D Action on the Santa Clara Convention Center FY 2022/23 3rd Quarter Financial Status Report
23-520
Note and file the Santa Clara Convention Center
Financial Status Report for the 3rd Quarter ending
March 31, 2023, as submitted by OVG.
Recommendation:
2.E Action on a Vesting Tentative Map for 3000 Patrick Henry Drive (CEQA: Addendum to the Patrick Henry Drive Specific Plan EIR) 23-252
Adopt a resolution to approve the Vesting Tentative
Map to subdivide the existing lot into two lots with one condominium unit at 3000 Patrick Henry Drive.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
2.F Action on an Agreement with CSG Consultants, Inc. for Design Professional Services for the Miscellaneous Asphalt and Concrete Maintenance and Repairs Project and Related Budget Amendments
23-472
1. Approve and authorize the City Manager to execute
an Agreement with CSG Consultants, Inc. for the
Miscellaneous Asphalt and Concrete Maintenance
and Repairs Project in the amount not-to-exceed
$293,710, in substantially the form presented, in a
final form approved by the City Attorney;
2. Authorize the City Manager to make minor,
non-substantive modifications, including time
extensions, to the Agreement, if needed:
3. Approve the following FY 2022/23 Budget
Amendments (five affirmative Council votes
required for the use of unused balances or to
appropriate additional revenue):
A. In the Water Utility Capital Fund, increase the
Transfer to the Public Buildings Capital Fund in
the amount of $11,781 and decrease the
Unrestricted Ending Fund Balance in the same
amount;
B. In the Sewer Utility Fund, establish a Transfer to
the Public Buildings Capital Fund in the amount
of $119,119 and decrease the Unrestricted
Ending Fund Balance in the same amount;
C. In the Library Department Capital Fund,
decrease the Central Park Library - Concrete
Sidewalk Replacement project in the amount of
$57,300 and establish a Transfer to the Public
Buildings Capital Fund of $57,300;
D. In the Convention Center Maintenance District
Fund, decrease the Public Works Department
budget by $71,700 and establish a Transfer to
the Public Buildings Capital Fund of $71,700;
and
E. In the Public Buildings Capital Fund, recognize
each transfer totaling $259,900 and increase
the Public Building Parking Lot Improvements
Project appropriation by $259,900.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
2.G Action on Amendment No. 1 to the Agreement for Professional Services with CSG Consultants, Inc. for Development Plan Review and Field Inspection Services
23-393
1. Approve and Authorize the City Manager to execute
Amendment No. 1 to the Agreement for
Professional Services with CSG Consultants, Inc.
for Development Plan Review and Field Inspection
Services, in substantially the form presented, in a
final form approved by the City Attorney.
2. Authorize the City Manager to make minor
modifications, including time extensions, to the
agreement if necessary, on forms approved by the
City Attorney.
Recommendation:
2.H Authorize the City Manager to Negotiate and Execute Lease Extensions for 1000 Lafayette Street (Peddler’s Plaza) to May 31, 2024
23-579
Authorize the City Manager to negotiate and execute
amendments to the existing leases for the commercial
spaces at 1000 Lafayette to extend the term of each
lease to May 31, 2024 in final forms approved by the
City Attorney.
Recommendation:
2.I Action on Amendment No. 3 to the Shopping Center Lease Agreement with Colliers International to Lease Space at Rivermark Village for the Police Northside Substation Extending the Term to May 31, 2028
23-475
Approve Amendment No. 3 to the Shopping Center
Lease Agreement with Colliers International to Lease
Space at Rivermark Village for the Police Northside
Substation Extending the Term to May 31, 2028
Recommendation:
2.J Action to Adopt a Resolution of the City of Santa Clara, California Amending the Administrative Penalty Schedule to Add Penalties for Violations of “The Code of the City of Santa Clara, California” Chapter 8.26 (Edible Food Recovery)
23-1247
Adopt a Resolution of the City of Santa Clara,
California amending the Administrative Penalty
Schedule to add penalties for violations of “The Code
of the City of Santa Clara, California” Chapter 8.26
(Edible Food Recovery).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
2.K Action on a Resolution Authorizing the Use of City Electric Forces at 1790 Warburton Avenue
23-103
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
located at 1790 Warburton Avenue.
Recommendation:
2.L Action on a Resolution to Certify Compliance with State Housing Laws for Purposes for Participation in the One Bay Area Grant Program
23-509
Adopt a Resolution self-certifying compliance with
state housing laws for the purpose of receiving an
OBAG 3 grant for bicycle and pedestrian
improvements in the area surrounding City Hall.
Recommendation:
2.M Action on a Special Permit for a Private Concert Event at Stevens Stadium on the Santa Clara University Campus (CEQA:
Class 23 Categorical Exemption - Normal Operations of
Facilities for Public Gatherings)
23-498
1. Approve the use of a Class 23 Categorical
Exemption, and
2. Approve the Special Permit to allow a private
concert event at Stevens Stadium on the Santa
Clara University Campus, subject to conditions.
Recommendation:
2.N Action to Approve Modifications to Existing Code Enforcement Technician (Job Code 329) Class Specification
23-636
Approve modifications to existing Code Enforcement
Technician (Job Code 329) class specification.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
2.O Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Food Recovery Program Costs
23-480
1. Approve and authorize the City Manager to
execute the Memorandum of Understanding
Among Local Public Agencies in Santa Clara
County for Food Recovery Program Costs for FY
2023/24 in substantially the form presented, and in
a final form approved by the City Attorney;
2. Authorize the City Manager to execute a
subsequent MOU to fund food recovery program
costs from FY 2024/25 through FY 2029/30 with
the same funding structure as the FY 2023/24
MOU in final forms approved by the City Attorney;
and
3. Authorize the City Manage to execute future
amendments to the FY 2024/25 - FY 2029/30 food
recovery program cost MOU which update annual
costs on a per generator basis and minor changes
to the base and infrastructure enhancements
program in final forms approved by the City
Attorney.
Recommendation:
2.P Action on Reappointment of Board and Commission Members to a Second Term Ending June 30, 2027
23-622
1. Reappoint the nine (9) eligible commissioners
to serve a four-year term each ending June 30,
2027.
2. For any Board or Commission member not
proposed for reappointment, base such
decision on the objective criteria presented by
staff, above, and refer to position to the City
Clerk for posting, recruitment, interviews and
appointment.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
2.Q Action to Declare Upcoming Bicycle and Pedestrian Advisory Committee Vacancies and Setting Dates for Recruitment and Interviews
23-667
1. Declare three (3) vacancies for the BPAC effective
June 30, 2023;
2. Open recruitment for such three (3) vacancies on
May 24, 2023 for a four-year term expiring June
30, 2027;
3. Set the application deadline on June 26, 2023 at
5:00 p.m.; and
4. Set interviews on or around July 17, 2023.
Recommendation:
2.R Action to Waive Second Reading and Adopt Ordinance No . 2061 amending 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 23-686
Waive Second Reading and Adopt Ordinance No.
2061 amending 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:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
3.A Action on Stadium Authority Bills and Claims for the Month of March 2023
23-491
Approve the list of Stadium Authority Bills and Claims
for March 2023.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
3.B Action on Third Amendment to SBL Website Marketing
Agreement with STR Marketplace, LLC
23-639
Approve and authorize the Executive Director to
execute the Third Amendment to the SBL Website
Marketing Agreement with STR to extend the term by
four years to May 31, 2027.
Recommendation:
3.C Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of January 1 to March 31, 2023
23-618
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and
corresponding summaries for the period of January 1
to March 31, 2023.
Recommendation:
3.D Action on Request Submitted by Stadium Manager to Execute Agreement with Integrated Communication Systems (ICS) for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi’s Stadium
3.D.1 Request from Stadium Manager to Execute Agreement with Integrated Communication Systems (ICS) for Fire Alarm Testing, Inspection, Maintenance, and Related Services at Levi ’s Stadium
23-659
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
3.D.2 Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Execute Agreement with Integrated
Communication Systems (ICS) for Fire Alarm Testing,
Inspection, Maintenance, and Related Services at Levi ’s Stadium
23-660
1. Approve the Stadium Manager’s request to
execute an Agreement with Integrated
Communication Systems (ICS) to provide fire
alarm testing, inspection, maintenance, and
related services at Levi’s Stadium for a
three-year period beginning June 1, 2023
through March 31, 2026, in an amount not to
exceed $115,000 for the first contract year,
$117,000 for the second contract year, and
$120,000 for the third contract year, for a total
not to exceed amount of $352,000 over the
three-year period, subject to budget
appropriations; and
2. Authorize 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:
STADIUM AUTHORITY CONSENT ITEM PULLED FOR DISCUSSION AND DEFERRED FROM APRIL 4, 2023
4. Action on Request Submitted by the Stadium Manager for Retroactive Approval of Incurred Expenses for Non-NFL Events-Related Marketing, Networking, Travel, and Entertainment Activities (Deferred from April 4, 2023)
4.A. Request from the Stadium Manager for Retroactive Approval of Incurred Expenses for Non -NFL Events -Related Marketing, Networking, Travel, and Entertainment Activities (Deferred from April 4, 2023)
23-573
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
4.B. 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, Travel, and Entertainment Activities (Deferred from April 4, 2023)
23-574
Approve the Stadium Manager’s request for
retroactive approval of expenses incurred by the
Stadium Manager on behalf of the Stadium Authority
in the amount of $39,407 for the FY 2022/23 Non-NFL
Events-related marketing, networking, travel, and
entertainment activities, including client entertainment with alcohol, described in this report.
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. Approve the Annual Military Equipment Report, and Adopt a Resolution Making Required Findings and Renewing Santa
Clara City Code Section 2.80.080, Allowing for the Continued Use of the Military Equipment Funding, Acquisition and Use Policy Pursuant to Assembly Bill 481
23-249
Approve the Annual Military Equipment Report, and
Adopt a Resolution Making Required Findings and
Renewing Santa Clara City Code Section 2.80.080,
Allowing for the Continued Use of the Military
Equipment Funding, Acquisition and Use Policy
Pursuant to Assembly Bill 481
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
6. Public Hearing: Adoption of a Resolution Setting Rates for Overall Solid Waste Services and Annual Clean -up Campaign in the Exclusive Franchise Area
23-173
Alternative 1: Adopt a Resolution setting the overall
rates to be charged to rate payers for the collection
and disposal of garbage, refuse, yard trimmings,
recycling, and annual Clean-up Campaign in the
exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1,
2023.
Recommendation:
7. Public Hearing: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers, Effective July 1, 2023
23-479
Adopt a Resolution amending City Rate Schedules
for Electric Utility Services to increase Electric
Rates and Charges in each Rate Schedule by
5.0%, effective July 1, 2023.
Recommendation:
SANTA CLARA STADIUM AUTHORITY GENERAL BUSINESS
8. Report on Status of Obtaining FIFA World Cup 2026 Documents at Levi ’s Stadium and Potential Action on Terms for an Information Sharing Agreement and Guiding Principles for FIFA World Cup 2026 Events
23-680
1. Adopt the Santa Clara City Council Guiding
Principles for World Cup 2026; and
2. Direct the City Manager/Executive Director and City
Attorney/Stadium Authority Counsel to negotiate and
execute an Information Sharing and Event
Cooperation Agreement with Bay Area Host
Committee, United States Soccer Federation,
Federation Internationale de Football Association,
and Forty Niners Stadium Management Company
LLC to facilitate the sharing of information on
substantially the terms presented, in a final form
approved by the City Attorney.
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 2023
9. Action on a Written Petition (Council Policy 030), Submitted by Mary Grizzle Requesting to Place an Agenda Item on a Future Council Meeting for Council to Discuss Santa Clara Civic Center Relocation Study Flaw: Change Two of the Study’s Focus Cities 23-603
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
Update on City Council and Stadium Authority Staff Referrals23-391 Tentative Meeting Agenda Calendar (TMAC)23-605
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, June 6, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda May 23, 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.