City of Santa Clara
Meeting Agenda
Call and Notice of Special Meeting of the
City Council &
Santa Clara Stadium Authority
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:00 PMTuesday, December 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].
Special City Council and Stadium
Authority Meeting
Meeting Agenda December 19, 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 Mayor/Chair calls for a Special Meeting of the City Council of the City of Santa Clara, the Governing Board of the Stadium Authority, to commence and convene on December 19, 2023, at 5:00 pm 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 - 5:00 PM | Special Meeting - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call
1.A Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners
SC Stadium Company LLC v. Santa Clara Stadium
Authority, JAMS Consolidated Case No. 1110024318
23-1508
1.B Conference with Legal Counsel-Anticipated Litigation (CC) Pursuant to Gov. Code § 54956.9(e)(5) - Exposure to litigation Number of potential cases: 1
Facts and Circumstances:
Letter dated
December 13, 2023 from the Sutton Law Firm Re:
Proposed Charter Amendment to Make the Chief of Police
Position Appointed by the City Manager - Demand That the City Stipulate to a Judgment Amending the Ballot Question
(Letter Attached)
23-1700
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 SPECIAL COUNCIL MEETING
Meeting Agenda December 19, 2023
Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
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. Authorize the City Manager to execute Side Letter Agreements between the
City of Santa Clara and Engineers of the City of
Santa Clara, City of Santa Clara Employees’ Association, American Federation of State, County and Municipal
Employees, Local 101, Unclassified Police Management
Association, Unclassified Fire Management Employees, and Public Safety Non-Sworn Employees Association that provides pay at the double time rate for employees that are required to work at the Levi’s Stadium on December 25, 2023, and approve the double time rate of pay for As-Needed employees (excluding Retired Annuitants) that are scheduled to work at the Levi’s Stadium on December 25, 2023
23-1543
Authorize the City Manager to execute Side Letter
Agreements between the City of Santa Clara and
Engineers of the City of Santa Clara, City of Santa
Clara Employees’ Association, American Federation
of State, County and Municipal Employees, Local 101,
Unclassified Police Management Association,
Unclassified Fire Management Employees, and
Public Safety Non-Sworn Employees Association that
provides pay at the double time rate for employees
that are required to work at the Levi’s Stadium on
December 25, 2023, and approve the double time
rate of pay for As-Needed employees (excluding
Retired Annuitants) that are scheduled to work at the
Levi’s Stadium on December 25, 2023
Recommendation:
PUBLIC HEARING/GENERAL BUSINESS
Special City Council and Stadium
Authority Meeting
Meeting Agenda December 19, 2023
3. Public Hearing: Actions on the Zoning Code Update Including:
Adoption of
an Addendum to the City’s General Plan EIR for the
Zoning Code Update; Adoption of a Resolution for General Plan Text Amendments Related to the Zoning Code Update,
Including the Removal of Manufacturing Limitations in the Low- and High-Intensity Office/R+D General Plan Designations, Allowing Medical Uses in the High-Intensity Office/R+D
Designation, and Clarifying the Definition of Floor Area Ratio; and Waive First Reading and Introduce an Ordinance Amending Title 18 of the Santa Clara City Code Including Changes Recommended by the Planning Commission
23-585
1. Adopt an addendum to the City’s General Plan EIR
for the Zoning Code Update.
2. Adopt a Resolution for General Plan Text
Amendments related to the Zoning Code Update,
including the removal of manufacturing limitations in
the Low- and High-Intensity Office/R+D General Plan
designations; allowing medical uses in the
High-Intensity Office/R+D designation; and clarifying
the definition of Floor Area Ratio.
3. Waive first reading and Introduce the Ordinance
amending Title 18 of the Santa Clara City Code to
implement the Zoning Code Update including
changes as recommended by the Planning
Commission. Direct staff to implement Articles 1 and
3-8 of the Zoning Code Update along with the single
family provisions in Article 2, with the exception of
Short-term Rental Regulations, Section 18.60.250
which is deferred for nine (9) months to develop a
monitoring and compliance program.
Recommendation:
4. Adopt a Resolution in Support of United Against Hate in the City of Santa Clara
23-1474
Adopt a Resolution in Support of United Against Hate
in the City of Santa Clara
Recommendation:
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030
REQUESTS
(This section is reserved for Councilmembers to provide reports, and /or submit written 030 requests for Council consideration)
Special City Council and Stadium
Authority Meeting
Meeting Agenda December 19, 2023
5. Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Park Requesting to Place an Agenda Item at a Future Council Meeting to Consider a Resolution Addressing the Concerns Brought by Constituents at the
December 12, 2023 Regular Council Meeting
23-1701
Staff makes no recommendation.Recommendation:
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, January 9, 2024 in the City Hall Council Chambers.
Special City Council and Stadium
Authority Meeting
Meeting Agenda December 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 [email protected] <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.
MEETING DISCLOSURES
Special City Council and Stadium
Authority Meeting