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, August 22, 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
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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 August 22, 2023
Closed Session - 4:30 PM | Study Session - 6:00 PM | Regular Meeting - 7:00 PM 4:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1.A Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Marcus Dean Diaz v. City of Santa Clara, et al ., United States District Court, Northern District of California, Case No . 5:20-cv-03506
23-985
1.B Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Olga Zhmuliukina v. City of Santa Clara, et al ., United States District Court, Northern District of California, Case No . 3:2022-cv-02668
23-986
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)
6:00 PM STUDY SESSION
Call to Order in the Council Chambers
2. Study Session on the Zoning Code Update23-786
Provide feedback on the proposed Zoning Code
Update.
Recommendation:
7:00 PM JOINT COUNCIL /STADIUM AUTHORITY MEETING
*Open session will begin at 7:00 PM or shortly thereafter.
Call to Order
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
SPECIAL ORDER OF BUSINESS
3.A Recognition of Outgoing Commissioners on the Civil Service Commission, Historical and Landmarks, Parks and Recreation Commission, Planning Commission, Salary Setting Commission and the Senior Advisory Commission
23-828
3.B Proclaim August 2023 as Muslim Appreciation and Awareness Month
23-846
3.C Presentation from Santa Clara Sister Cities and Students for Recent Visit to Izumo, Japan
23-850
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.]
4.A Action on the Minutes of June 6, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; June 27, 2023 Council and Authorities Concurrent and Special Santa Clara Stadium Authority Meeting; July 11, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; and July 18, 2023 Special Council and Council and Authorities Concurrent Meeting
23-911
Approve the Minutes of June 6, 2023 Joint Council
and Authorities Concurrent and Stadium Authority
Meeting; June 27, 2023 Council and Authorities
Concurrent and Special Santa Clara Stadium
Authority Meeting; July 11, 2023 Joint Council and
Authorities Concurrent and Stadium Authority
Meeting; and July 18, 2023 Special Council and
Council and Authorities Concurrent Meeting.
Recommendation:
4.B Board, Commissions and Committee Minutes23-18
Note and file the Minutes of:
Planning Commission - January 23, 2023
Parks & Recreation Commission - May 16, 2023
Senior Advisory Commission - June 26, 2023
Cultural Commission - June 5, 2023
Board of Library Trustees - June 5, 2023
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
4.C Action on Bills and Claims Report (CC, SCSA, HA) for the period June 10, 2023 - July 14, 2023
23-874
Approve the list of Bills and Claims for June 10, 2023
- July 14, 2023.
Recommendation:
4.D Action on a Public Service Grant Agreement with ABODE Services for Administration of the City ’s Tenant -Based Rental Assistance Program (TBRA) and Related HOME Fund Budget
Allocations
23-935
1. Authorize the City Manager to negotiate and
execute a new Public Service Grant
Agreement with ABODE Services for an
amount not to exceed $1,127,939 to
administer the City’s Tenant-Based Rental
Assistance Program, and all related
documents for the provision of administrative
services for the TBRA Program effective July 1,
2023 through June 30, 2024 contingent upon
available funding and appropriation of funds;
2. Authorize the City Manager to execute
amendments to the Agreement including
increasing maximum compensation and
extending the term through June 30, 2025,
contingent upon available funding and
appropriation of funds; and
3. Authorize and direct the City Manager to make
proportional adjustments to the HOME Fund
allocations in the event that the City's Final FY
2023/24 and 2024/25 Award Amount is
different than the projected amount, such that
each project will receive a proportional
allocation of the recommended amount, subject
to the appropriation of funds and after the
City’s administration set-aside and CHDO
set-aside is calculated.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
4.E Action on Master Agreements with BKF Engineers, Bellecci & Associates, Inc ., and Mott MacDonald Group, Inc for On -Call Design Services for Potable Water and Recycled Water
Transmission and Distribution Systems and Sanitary Sewer Collection Systems
23-467
1. Authorize the City Manager to execute and
implement on the terms presented agreements
(Master Agreements) with BKF Engineers,
Bellecci & Associates, Inc., and Mott MacDonald
Group, Inc. for on call design services for potable
water and recycled water transmission and
distribution systems and sanitary sewer collection
systems, for a five-year term starting on or about
July 1, 2023 and ending on or about June 30,
2028, in substantially the forms presented, subject
to approval of final forms by the City Attorney and
the appropriation of funds, with a maximum
aggregate compensation not-to-exceed
$3,000,000 for the three Master Agreements; and
2. Authorize the City Manager to allow future annual
rate adjustments in accordance with the
percentage change in the Consumer Price Index,
subject to approval by the City and the
appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
4.F Action on Agreements with D 2 Industrial Services, Farwest Insulation Contracting, and JT Thorpe Industrial Inc. for Insulation and Heat Trace Services Primarily at Power Plants 23-105
1. Determine the proposed actions are exempt from
CEQA pursuant to Section 15301 (Existing
Facilities) of Title 14 of the California Code of
Regulations;
2. Authorize the City Manager to execute agreements
with D2 Industrial Services, Farwest Insulation
Contracting, and JT Thorpe Industrial Inc.
(collectively, “Agreements”) for a five year term
starting on or around July 1, 2023 and ending on or
around June 30, 2028, with a maximum
compensation of $500,000 for each agreement,
funded by the Electric Operating and Capital Funds
subject to the appropriation of funds;
3. Authorize the City Manager to execute any related
documents and take any actions as are necessary
or advisable to implement and administer the
Agreements; and
4. Authorize the City Manager to negotiate and
execute amendments to the Agreements to (a) add
or delete services consistent with their scope of
services; (b) adjust future rates to account for
increased costs; (c) extend the term of the
Agreements one additional year through June 30,
2029; and (d) increase the maximum compensation
by a total of $500,000 across all three Agreements
for a total aggregate maximum compensation of
$2,000,000, subject to the appropriation of funds.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
4.G Action on Historic Resource Inventory Property Designation and Historic Preservation Agreement (Mills Act Contract) for 1053 Lexington Street
23-881
1. Determine that the project is categorically exempt
from CEQA under Class 31 (Section 15331) -
Historical Resource Restoration / Rehabilitation
2. Approve the addition of the property located at
1053 Lexington Street to the City’s Historic Resource
Inventory (HRI); and
3. Authorize the City Manager to execute a Mills Act
Contract in a final form approved by the City Attorney, and adopt the 10-Year Restoration and Maintenance
Plan associated with the property at 1053 Lexington
Street.
Recommendation:
4.H Action Authorizing the Use of City Electric Forces at Various Locations
23-110
In accordance with Section 713 of the City Charter,
the City Council hereby resolves as follows:
1. Determine the proposed action is exempt from
CEQA pursuant to Sections 15302(c) (Class 2 -
Replacement or Reconstruction) and 15303 (Class
3 - New Construction or Conversion of Small
Structures) of Title 14 of the California Code of
Regulations; and
2. Declare and determine that the public works
located at 73 Jenkins Place and 2300 Calle De
Luna are better performed by the City with its own
employees based on the information set forth in this
Report to Council.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
4.I Action to Adopt a Supplemental Resolution to include Additional Findings of Fact and amend several 2022 California Fire Code Appendices in Ordinance 2054; Action to Waive First Reading and Approve Introduction of an Ordinance Amending Chapter
15.60 “Municipal Fire and Environmental Code” and setting September 12, 2023, for a Public Hearing on Adoption of said Ordinance.
23-553
1. Approve introduction of an Ordinance amending
Chapter 15.60 of the Santa Clara City Code (“Santa
Clara Municipal Fire and Environmental Code”) to
adopt the several 2022 California Fire Code
appendices, as amended;
2. Adopt a Supplemental Resolution establishing the
findings of fact necessary for the specified
supplemental amendments; and
3. Set a public hearing date for September 12, 2023,
for final adoption of the Supplemental Ordinance
amending Chapter 15.60 of the Santa Clara City
Code (“Santa Clara Municipal Fire and Environmental
Code”) to adopt the 2022 Supplemental California
Fire Code, appendices as amended.
Recommendation:
4.J Action on a Resolution Delegating Authority to the City Manager to Execute Documents Associated with the Acceptance of a Grant from the Santa Clara Valley Open Space Authority Grant Program in the Amount of $ 21,076 for Funding of the City of Santa Clara ’s Container Gardening Program and Related
Budget Amendments
23-813
1. Adopt a resolution delegating authority to the City
Manager to execute all documents associated with
Santa Clara Valley Open Space Authority Grant;
2. Approve the FY 2023/24 budget amendment in the
Parks and Recreation Operating Grant Trust Fund
to recognize the grant revenue of $21,076 and
establish a Santa Clara Valley Open Space
Authority Grant appropriation in the amount of
$21,076 for funding of the City’s Container
Gardening Program (five affirmative Council
votes required to appropriate additional
revenue).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
4.K Action on the Annual Report for FY 2023 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 23-835
Note and File the Annual Report for FY2023 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:
4.L Action to Designate a Voting Delegate and Alternate (s) for the 2023 League of California Cities Annual Conference and Expo 23-845
Designate Mayor Lisa M. Gillmor as a voting delegate
and Vice Mayor Kevin Park as the alternate voting
delegate for the 2023 League of California Cities
Annual Conference and Expo
Recommendation:
4.M Action to Approve Up to Four Hours of Cancellation Pay for City Employees Related to the Cancelled July 22, 2023 Non-NFL Event at Levi’s Stadium
23-1027
That City Council approve and authorize the City
Manager to provide cancellation pay for up to four
hours to City employees at their respective Stadium
pay rate at an amount not to exceed $80,000 for the
cancelled July 22, 2023 Event at Levi’s Stadium
Recommendation:
4.N Action to Adopt Ordinance No. 2062 Amending the Santa Clara City Code to Create a Limited -Term Pilot Project Regulating Vending Upon Certain Public Sidewalks and Pedestrian Paths Surrounding Levi’s Stadium on Event Days
23-1005
Waive Second Reading and Adopt Ordinance No.
2062 Amending Chapter 5.05 (Solicitors and
Peddlers) and Section 9.05.165 (Activities and
Conduct Prohibited in Parking Facilities Adjacent to
the Stadium or Parking Facilities Used for Stadium
Events) of the Santa Clara City Code to Create a
Limited-Term Pilot Project Regulating Vending Upon
Certain Public Sidewalks and Pedestrian Paths
Surrounding Levi’s Stadium on Event Days Pursuant
to SB 946
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
5. Action on Stadium Authority Bills and Claims for the Month of May 2023
23-790
Approve the list of Stadium Authority Bills and Claims
for May 2023.
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
6. Action to Adopt a Resolution Amending Parking Regulations on Lafayette Street related to possible parking removal for the Lafayette Street Class IV Bikeway Project and Direction on Use of Roadway on Lafayette for Bicycle Paths
23-492
Alternative 1 and 2.
1. Determine the proposed action is exempt under
CEQA pursuant to Class 1 (Existing Facilities) of
CEQA Guidelines Section 15301.
2. Authorize staff to implement parking removal and a
Class IV protected bikeway along Lafayette Street
between Memorex Drive and Reed Street (Option
1)
a. Adopt a resolution amending parking
regulations on Lafayette Street between
Memorex Drive and Parker Court (Attachment
5).
Recommendation:
7. Action on Appointment of a Primary Member and an Alternate Member to the Stevens Creek Corridor Steering Committee 23-1003
Council take action to appoint a primary member and
an alternate member to the Stevens Creek Corridor
Steering Committee.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
8. Public Hearing: Actions on an Environmental Impact Report (EIR) and Mitigation Monitoring and Reporting Program
(MMRP), General Plan Amendment to the Community
Mixed-Use Designation and Related Policies, Rezone to
Planned Development, and Vesting Tentative Subdivision Map for the Development of 50 Multi-Family Residential Units, Four Townhomes, Three Single -Family Residences, and 3,800
Square Feet of Ground floor Commercial Space for the
Properties Located at 906-950 Monroe Street and 1341
Homestead Road
23-810
1. .Adopt a resolution to adopt the Environmental
Impact Report, CEQA Findings, and the
Mitigation Monitoring and Reporting Program
for the 950 Monroe Street Project.
2. Adopt a resolution to approve a General Plan
Amendment to modify the text for the
Community Mixed Use land use designation
and related policies.
3. Adopt a resolution to approve a Rezone from
General Office (OG), Historic Combining (HT),
and Community Commercial (CC) to Planned
Development (PD) to allow a six-story
mixed-use development with 50 units, four
townhomes, and three single-family residences
with on-site parking and amenities,
landscaping, and off-site improvements, with
added standards for the two HRI properties
with provisions of the HT Zoning District
(Sections 18.58.050,18.58.060, and
18.58.070) that would be applicable to both
HRI properties.
4. Adopt a resolution to approve a Vesting
Tentative Subdivision Map
Recommendation:
WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 2023
9. Action on a Written Petition (Council Policy 030), Submitted by Nikki Welch Requesting to Place and Agenda Item on a Future Council Meeting for Council to Discuss SB 9 Application Fee Waiver for Low -Income Homeowner by Grant or Government Loan
23-970
Staff makes no recommendation.Recommendation:
REPORTS OF MEMBERS AND SPECIAL COMMITTEES
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, August 29, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda August 22, 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)
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