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City Council and Authorities Concurrent

November 19, 2024 ·5:00 PM Final

Hybrid Meeting City Hall Council Chambers/Virtual 1500 Warburton Avenue Santa Clara, CA 95050

Agenda — 55 items

  1. 1 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 clerk@santaclaraca.gov 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 Santa 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 may contact the Office of the City Clerk at (408) 615-2220 or Clerk@santaclaraca.gov.
  2. 2 Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
  3. 3 5:00 PM CLOSED SESSION ▶ jump to 0:46
  4. 4 Call to Order in the Council Chambers ▶ jump to 7:43
  5. 5 Confirmation of Quorum ▶ jump to 7:57
  6. 1.A Conference with Labor Negotiators (CC) Pursuant to Gov. Code § 54957.6 City representatives: Jovan D. Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins Employee Organization(s): Unit # 6 - AFSCME Local 101 (American Federal of State, County and Municipal Employees) 24-1004 ▶ jump to 8:13
  7. 1.B Conference with Real Property Negotiators (CC) - Mathews Property Pursuant to Gov. Code § 54956.8 Property: 525 Mathew Street, Santa Clara CA 95050 (APN 230-03-090) City Negotiator: Jovan D. Grogan, City Manage (or designee) Negotiating Parties: City of Santa Clara (Buyer) and Grief Inc. (Seller) Under Negotiation: Purchase of Real Property (price and terms of payment) 24-853 ▶ jump to 8:24
  8. 1.C Public Employee Performance Evaluation (CC) Pursuant to Government Code § 54957(b)(1) (Continued from November 12, 2024) Title: City Attorney 24-1171 ▶ jump to 8:42
  9. 9 Public Comment ▶ jump to 8:49
  10. 10 Convene to Closed Session (Council Conference Room) ▶ jump to 8:59
  11. 11 7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING ▶ jump to 9:12
  12. 12 Call to Order in the Council Chambers ▶ jump to 15:00
  13. 13 Pledge of Allegiance and Statement of Values ▶ jump to 15:15
  14. 14 Roll Call ▶ jump to 15:51
  15. 15 REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS ▶ jump to 18:31
  16. 16 CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS ▶ jump to 20:22
  17. 17 SPECIAL ORDER OF BUSINESS
  18. 2.A Proclamation of November 2024 as Native American Heritage Month 24-568 ▶ jump to 20:41
  19. 2.B Proclamation of Nurse Practitioner Week from November 10 to November 16, 2024 24-1063 ▶ jump to 25:29
  20. 20 CONSENT CALENDAR Adopted Pass ▶ jump to 33:28
  21. 3.A Action on the September 10, 2024 Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes, September 24, 2024 Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes, October 21, 2024 Special City Council Meeting Minutes, October 22, 2024 Joint Council and Authorities Concurrent & Stadium Authority Meeting Minutes. 24-1174 Approved the Consent Calendar Pass
  22. 3.B Board, Commissions and Committee Minutes 24-21 Approved the Consent Calendar Pass
  23. 3.C Action on City Bills and Claims Report for the period September 21, 2024 - October 18, 2024 24-1074 Approved the Consent Calendar Pass
  24. 3.D Action Authorizing the City Manager to Negotiate and Execute Agreement(s) with Vendor(s) for the Purchase of Capacitor Banks with Reactor Switching Devices, Protection and Control Panels, Insulators, and Surge Arresters to be Funded by the Electric Utility Capital Fund 24-1057 Approved the Consent Calendar Pass
  25. 3.E Authorize the City Manager to execute the Side Letter Agreement between the City of Santa Clara and the Public Safety Non-Sworn Employees Association (Unit 10) that provides a pilot program for training pay for Senior Public Safety Dispatchers who are assigned to train newly hired lateral Public Safety Dispatchers. 24-1112 Approved the Consent Calendar Pass
  26. 3.F Action on the Services Agreement with Bay Pro for Landscaping Services at Water and Sewer Utilities facilities, with a Maximum Compensation Amount of $410,000 24-1094 Approved the Consent Calendar Pass
  27. 3.G Action on an Agreement for Services with Grid Subject Matter Experts, LLC to Provide Silicon Valley Power With Consulting and Support Services for North American Reliability Corporation Critical Infrastructure Protection Compliance 24-1034 Approved the Consent Calendar Pass
  28. 3.H Action on the Historic Preservation Agreement (Mills Act Contract) (PLN24-00423) for 1309 Alviso Street 24-1038 Approved the Consent Calendar Pass
  29. 3.I Action on the Historic Preservation Agreement (Mills Act Contract) (PLN21-15422) for 1365 Main Street 24-1041 Approved the Consent Calendar Pass
  30. 3.J Action on the Historic Preservation Agreement (Mills Act Contract) (PLN24-00431) for 811 Monroe Street 24-1029 Approved the Consent Calendar Pass
  31. 3.K Action on Authorizing the City Manager to Negotiate and Execute Amendment No. 1 to the Substation Agreement with Vantage Data Centers CA31, LLC for the Bowers Avenue Junction Substation 24-1067 Approved the Consent Calendar Pass
  32. 3.L Action to Adopt a Resolution Approving Updates to the City’s Water Service and Use Rules and Regulations Approved the Consent Calendar Pass
  33. 3.M Action to Adopt a Resolution of Local Support and Findings for the City’s Application for Transit-Oriented Communities Implementation Grants 24-1111 Approved the Consent Calendar Pass
  34. 3.N Adopt a Resolution Approving and Adopting Updated Salary Plans for Various As-Needed and Classified Positions 24-1121 Approved the Consent Calendar Pass
  35. 3.O Adopt a Resolution to Authorize the City Manager to Execute the 2025-2028 Memorandum of Understanding Between the City of Santa Clara and the Unclassified Miscellaneous Management (hereafter, “Unit 9”), Which Incorporates the Terms of the Tentative Agreement; Adopt a Resolution Updating the Unclassified Salary Plan; Approve the Creation and Modification of Unclassified Class Specifications; and Add 1.0 Assistant Fleet Manager and Delete 1.0 Public Works Supervisor 24-1071 Approved the Consent Calendar Pass
  36. 3.P Action on a Resolution Approving the 2025 Board of Library Trustees Calendar of Meetings, and Setting the Number of Regular Board of Library Trustees Meetings 24-866 Approved the Consent Calendar Pass
  37. 3.Q Appointment of Alternate Cultural Commission Member to the Santa Clara Station Area Plan Task Force (SATF) 24-1124 Approved the Consent Calendar Pass
  38. 38 SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
  39. 4. Action on Stadium Authority Bills and Claims for the Month of September 2024 24-1078 Approved the Consent Calendar Pass
  40. 40 PUBLIC PRESENTATIONS ▶ jump to 34:10
  41. 41 Public Presentations 24-1202
  42. 42 CONSENT ITEMS PULLED FOR DISCUSSION
  43. 43 PUBLIC HEARING/GENERAL BUSINESS
  44. 5. PUBLIC HEARING: Action on an Environmental Impact Report and Mitigation Monitoring and Reporting Program, General Plan Amendment from High-Intensity Office/Research-and-Development to newly created Urban Center Mixed Use and Urban Center Residential Mixed Use land use designations, a Rezoning to PD - Planned Development, a Vesting Tentative Subdivision Map, and Introduction of an Ordinance to Approve a Development Agreement for a Mixed Use Project at 3005 Democracy Way comprised of up to 1,800 units (approximately 1.8 million square feet of residential uses), up to 3 million square feet of office/research-and-development, approximately 100,000 square feet of retail, and approximately 10,000 square feet of childcare facilities (“Option A”), with a project alternative (“Option B”) that allows for the flexibility of up to an additional 800 dwelling units (for a total of up to 2,600 residential units) with a corresponding reduction in office/research and development square footage to 2.2 million square feet. 24-1105 Adopted Pass ▶ jump to 157:44
  45. 6. PUBLIC HEARING: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers to Increase Electric Rates and Charges in Each Rate Schedule by 5.0% and Make Other Modifications, Effective January 1, 2025 24-51 Adopted Pass ▶ jump to 213:42
  46. 5. PUBLIC HEARING: Action on an Environmental Impact Report and Mitigation Monitoring and Reporting Program, General Plan Amendment from High-Intensity Office/Research-and-Development to newly created Urban Center Mixed Use and Urban Center Residential Mixed Use land use designations, a Rezoning to PD - Planned Development, a Vesting Tentative Subdivision Map, and Introduction of an Ordinance to Approve a Development Agreement for a Mixed Use Project at 3005 Democracy Way comprised of up to 1,800 units (approximately 1.8 million square feet of residential uses), up to 3 million square feet of office/research-and-development, approximately 100,000 square feet of retail, and approximately 10,000 square feet of childcare facilities (“Option A”), with a project alternative (“Option B”) that allows for the flexibility of up to an additional 800 dwelling units (for a total of up to 2,600 residential units) with a corresponding reduction in office/research and development square footage to 2.2 million square feet. 24-1105 Adopted Pass ▶ jump to 198:33
  47. 7. PUBLIC HEARING: Action on a Vesting Tentative Parcel Map at 4590 Patrick Henry Drive for the Creation of Two Lots 24-1022 Adopted Pass ▶ jump to 241:12
  48. 47 REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS ▶ jump to 247:44
  49. 48 CITY MANAGER/EXECUTIVE DIRECTOR REPORT ▶ jump to 250:28
  50. 6. PUBLIC HEARING: Action on a Resolution Amending Rate Schedules for Electric Services for All Classes of Customers to Increase Electric Rates and Charges in Each Rate Schedule by 5.0% and Make Other Modifications, Effective January 1, 2025 24-51 Adopted Pass ▶ jump to 228:22
  51. 49 ADJOURNMENT Adopted Pass ▶ jump to 250:42
  52. 50 The next scheduled Special Stadium Authority meeting is on Monday, November 25, 2024 in the City Hall Council Chambers.
  53. 7. PUBLIC HEARING: Action on a Vesting Tentative Parcel Map at 4590 Patrick Henry Drive for the Creation of Two Lots 24-1022 Adopted Pass ▶ jump to 247:21
  54. 51 MEETING DISCLOSURES
  55. 52 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:clerk@santaclaraca.gov> 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.