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, September 19, 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 September 19, 2023
Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in Council Chambers
Roll Call
1.A Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
William Kelly v. City of Santa Clara, Workers Compensation Appeals Board Case Number ADJ16898646
23-576
1.B 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),
Manuel Pineda, F. Gale Connor
Negotiating Parties: Home Depot
Under Negotiation: Purchase of Real Property interest (s) ( price and terms of payment)
23-1123
1.C 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, (including Home Depot ), Santa Clara County Superior Court Case No . 21CV380278
23-1124
Council and Authorities Concurrent
Meeting
Meeting Agenda September 19, 2023
1.D Conference with Real Property Negotiators (SARDA)
Pursuant to Gov. Code § 54956.8
Property: 5201 Great America Parkway, Santa Clara, California 95054 (APN: 104-55-013)
SARDA/City Negotiators: Jōvan D. Grogan, Ruth Shikada,
Sujata Reuter, Elizabeth Klotz, and Eastdil Secured
Negotiating Parties: Successor Agency to Redevelopment
Agency (SARDA)/City of Santa Clara and Techmart Owner, LLC Under Negotiation: Purchase of Real Property interest (s), price and terms of payment
23-1153
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)
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING *Open session to begin at 7:00 PM or shortly thereafter.
Call to Order in Council Chambers
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
SPECIAL ORDER OF BUSINESS
2.A Proclamation of the First Full Week of October 1-7, 2023, as Public Power Week
23-1114
2.B Proclaim September World Alzheimer’s Awareness Month23-1144
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 September 19, 2023
3.A Board, Commissions and Committee Minutes23-21
Note and file the Minutes of:
Historical and Landmarks Commission - June 29,
2023
Recommendation:
3.B Action on Bills and Claims Report (CC, SCSA, HA) for the period July 15, 2023 - August 11, 2023
23-1029
Approve the list of Bills and Claims for July 15, 2023 - August 11, 2023.
Recommendation:
3.C Action to Adopt a Resolution Amending the FY 2023/24 Municipal Fee Schedule to Delete the Existing Penalties for Late Payment of Certified Unified Program Agency (CUPA)
Operational Permit Fees and Add a Late Payment of CUPA
Operational Permit Fee at a Rate of 50% of Assessed Fee Not to Exceed $500 for Delinquencies in Excess of 30 Days
23-978
Adopt a Resolution Amending the FY 2023/24
Municipal Fee Schedule to delete the existing
penalties for Late Payment of Certified Unified
Program Agency (CUPA) Operational Permit Fees
and add a late payment of CUPA Operational Permit
Fee at a rate of 50% of Assessed Fee Not to Exceed
$500 for delinquencies in excess of 30 days, as
outlined in Attachment 1.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 19, 2023
3.D Action to Approve Amendment No. 1 to the Memorandum of Understanding with the County of Santa Clara for a Psychiatric Emergency Response Team (PERT) Program and Approve the
Related Budget Amendment
23-858
1. Authorize the City Manager to Execute
Amendment No. 1 to the Memorandum of
Understanding with the County of Santa Clara
for a Psychiatric Emergency Response Team
(PERT) Program to extend the term to
December 31, 2025 and increase the
not-to-exceed amount to $250,000, in a final
form approved by the City Attorney;
2. Authorize the City Manager to negotiate and
execute future addendums to (a) extend the
term of the agreement for up to two additional
years through December 31, 2027; and (b)
revise the maximum compensation of for the
PERT program should additional grant funds
become available for a maximum
not-to-exceed amount of $500,000 subject to
budget appropriations and review and
approval as to form by the City Attorney; and,
3. Approve the FY 2023/24 Budget Amendment
in the Police Operating Grant Trust Fund
recognizing beginning fund balance of
$238,518 from supplemental law enforcement
services funding received, increase the
Citizens’ Option for Public Safety 2019
appropriation in the amount of $168,518, and
increase the Citizens’ Option for Public Safety
2023 appropriation in the amount of $70,000
(five affirmative Council votes required for
the use of unused balances).
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 19, 2023
3.E Action on Amendment No. 2 to the Grazing Lease with Joseph R. Paulo for a Portion of the Property Known as the Altamont Ranch, Alameda County, California, a Property Owned for Power Generation Purposes for Silicon Valley Power, Extending the Term Through September 26, 2027 with No Change to the Compensation.
23-117
1 Determine the proposed actions are exempt
from CEQA pursuant to Section 15301 of Title
14 of the California Code of Regulations; and
2 Authorize the City Manager to execute
Amendment No. 2 to the Grazing Lease By and
Between the City of Santa Clara, California
and Joseph R. Paulo, an Individual for a
Portion of the Property Known as the Altamont
Ranch, Alameda County, to extend the term
through September 26, 2027 with no change to
the compensation in a final form approved by
the City Attorney.
Recommendation:
3.F Action on Resolution Approving a Purchase and Sale
Agreement and Other Documents as Necessary Related to the Sale of the Techmart Building Parcel Located at 5201 Great America Parkway [APN: 104-55-013]
23-1136
That the City Council acting as the governing board of
the Successor Agency to the Redevelopment Agency
of the City of Santa Clara adopt a Resolution
authorizing the City Manager/Executive Officer to
negotiate and execute a Purchase and Sale
Agreement between the Successor Agency to the
Redevelopment Agency of the City of Santa Clara and
Techmart Owner, LLC. for the Techmart Parcel
located at 5201 Great America Parkway (APN:
104-55-013) at a purchase price of $22,500,000 and
authorizing the City Manager to execute all documents
necessary, including an affordability covenant and
minor modifying amendments, in final forms approved
by the City Attorney, to implement the Purchase and
Sale Agreement and close escrow.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 19, 2023
3.G Silicon Valley Power 2022 Power Content Label23-1056 Note and file Silicon Valley Power’s 2022 Power
Content Label(s).
Recommendation:
3.H Report on Actions Taken During City Council Recess to Accept $150,000 Cybersecurity Grant From the Bay Area Urban Areas Security Initiative and Approve the Related Budget Amendment 23-990
1. Note and file the Report on Actions Taken
During Council Recess from July 19, 2023 to
August 21, 2023; and
2. Approve the FY 2023/24 Budget Amendment
in the Other City Departments Operating Grant
Trust Fund to recognize grant revenue in the
amount of $150,000 and establish a Bay Area
Urban Areas Security Initiative appropriation in
the amount of $150,000 (Five affirmative
Council votes required to appropriate
additional revenue).
Recommendation:
SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR
4. Report on the Audited Santa Clara Stadium Authority Fiscal Year 2022/23 Annual Financial Statements
23-937
Note and file the Santa Clara Stadium Authority Fiscal
Year 2022/23 Annual Financial Statements.
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
Council and Authorities Concurrent
Meeting
Meeting Agenda September 19, 2023
5. Action on the FY 2022/23 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as Presented by the SCTID Owner’s Association.
23-448
Approve the FY 2022/23 Annual Report for the Santa
Clara Tourism Improvement District (SCTID) as
presented by the SCTID Owner’s Association.
Recommendation:
6. Public Hearing: Approval of the 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) for Submission to the U.S. Department of Housing and Urban Development (HUD) 23-1032
1. Approve the 2022-2023 Consolidated Annual
Performance and Evaluation Report (Attachment 1)
and authorize the City Manager, or his designee, to
execute the documents for submission to the U.S.
Department of Housing and Urban Development
(HUD) by September 29, 2023 unless otherwise
directed by HUD.
2. Direct staff to incorporate all public comments into the final version to be submitted to HUD on or
before September 29, 2023.
Recommendation:
7. Review and Approve 2024 Council Priority Setting Session Framework
23-1148
Review and Approve the 2024 Council Priority Setting
Session Framework
Recommendation:
SANTA CLARA STADIUM AUTHORITY GENERAL BUSINESS
8. Action on the Santa Clara Stadium Authority Financial Status Report for Quarter and Fiscal Year Ending March 31, 2023 and Related Budget Amendments
23-940
1. Note and file the Santa Clara Stadium Authority
Financial Status Report for the Quarter Ending
March 31, 2023; and
2. Approve FY 2022/23 Santa Clara Stadium
Authority budget adjustments to increase Other
Operating Expenses for SBL Sales and
Service in the amount of $68,787 and Use of
StadCo Tenant Improvements in the amount of
$972, offset by Operating and Maintenance
Reserves.
Recommendation:
Council and Authorities Concurrent
Meeting
Meeting Agenda September 19, 2023
WRITTEN PETITION SUBMITTED BY THE PUBLIC/COUNCIL
9. Action on a Written Petition (Council Policy 030), Submitted by Adam Mason Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider a Crosswalk Safe for Pedestrians at Winchester Blvd. and Dolores Avenue Seeking to Implement Methods to Deter Speeding Cars and Negligent Drivers from Harming any more Residents
23-1092
Staff makes no recommendation.Recommendation:
10. Action on a Written Petition (Council Policy 030), Submitted by Vennessa Arellanes Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider the Parking Situation at the St. Anton Apartment Community on Calle Del-Mundo
23-1093
Staff makes no recommendation.Recommendation:
11. Action on a Written Petition (Council Policy 030), Submitted by Anne Valta Requesting to Place an Agenda Item on a Future Council Meeting for Council to Consider Banning Leaf Blowers in the City of Santa Clara
23-1138
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, October 10, 2023 in the City Hall Council Chambers.
MEETING DISCLOSURES
Council and Authorities Concurrent
Meeting
Meeting Agenda September 19, 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.