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City Council and Authorities Concurrent

August 27, 2024 ·5:00 PM Final

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

Agenda — 52 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 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 Clerk@santaclaraca.gov.
  2. 2 Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
  3. 3 5:00 PM CLOSED SESSION ▶ jump to 4:21
  4. 4 Call to Order in the Council Chambers ▶ jump to 5:07
  5. 5 Confirmation of Quorum ▶ jump to 5:20
  6. 1. Threat to Public Services or Facilities (CC, SA) Pursuant to Gov. Code § 54957(a) Consultation with: Jovan D. Grogan, Chuck Baker, Glen R. Googins, Sujata Reuter, Richard Fitting, Christine Jung, Jim Hayes (Guidepost Solutions LLC) 24-689 ▶ jump to 5:33
  7. 7 Public Comment ▶ jump to 5:56
  8. 8 Convene to Closed Session (Council Conference Room) ▶ jump to 6:27
  9. 9 7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING ▶ jump to 6:50
  10. 10 Call to Order in the Council Chambers ▶ jump to 15:25
  11. 11 Pledge of Allegiance and Statement of Values ▶ jump to 15:37
  12. 12 Roll Call ▶ jump to 16:21
  13. 13 REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS ▶ jump to 19:09
  14. 14 CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS Adopted Fail ▶ jump to 31:23
  15. 15 SPECIAL ORDER OF BUSINESS
  16. 2.A Recognition of Kimberly Vernon, Miss California 24-660 ▶ jump to 32:02
  17. 2.B Action on Resolution in Support of Childcare for All 24-584 Adopted Pass ▶ jump to 49:09
  18. 2.C Proclamation of September 2024 as National Preparedness Month 24-643 ▶ jump to 50:48
  19. 2.D Recognition of Outgoing Commissioners on the Bicycle and Pedestrian Advisory Committee, Board of Library Trustees, Civil Service Commission, Cultural Commission, and Parks and Recreation Commission 24-817 ▶ jump to 61:46
  20. 20 CONSENT CALENDAR Adopted Pass ▶ jump to 68:37
  21. 3.A Board, Commissions and Committee Minutes 24-15 Approved the Consent Calendar Pass
  22. 3.B Action on Monthly Investment Report for June 2024 24-746 Approved the Consent Calendar Pass
  23. 3.C Action on Purchase Orders with Pivot Interiors, Inc. and Other Suppliers/Authorized Dealers for the Purchase of and Installation of Cubicles, Office Furniture and Related Products and Services at City Facilities 24-683 Approved the Consent Calendar Pass
  24. 3.D Action Authorizing the City Manager to Negotiate and Execute Agreements for Processing and Landfill Disposal Services; and Yard Trimmings Composting Services Approved the Consent Calendar Pass
  25. 3.E Action to Authorize the City Manager to Negotiate and Execute Amendments to the Agreements with Rising Edge Technologies (California), LLC and West Valley Construction Company, Inc. for As-Needed Maintenance and Repair of Utility Substructures and Aerial Infrastructures for Silicon Valley Power and Approve Related Budget Amendment 24-50 Approved the Consent Calendar Pass
  26. 3.F Action Authorizing the City Manager to Negotiate and Execute Agreements with Pump Repair Service Company and SHAPE, Inc. for Storm Drain Pumps Preventive Maintenance and Repair Services 24-248 Approved the Consent Calendar Pass
  27. 3.G Action on Agreement to Fund up to $843,000 for Modernization and Rehabilitation of Eight Affordable Rental Units, Update Two Units to be ADA Accessible, and Replace Approximately 100 Windows in the Sobrato Family Living Center Located at 1509/1503 Agnew Road in Santa Clara, Authority to Extend the Affordability Housing Covenants for an additional ten years, and Approval of Related Budget Amendment 24-612 Approved the Consent Calendar Pass
  28. 3.H Action on Authorizing the Use of City Water Forces to Install Backflow Prevention Devices at 5452 Betsy Ross Drive and 2339 El Camino Real. 24-467 Approved the Consent Calendar Pass
  29. 3.I Action on Amendment # 1 to Incentive Program Implementation Services Agreement Between Center for Sustainable Energy and City of Santa Clara for the California Electric Vehicle Infrastructure Project (CALeVIP) 24-625 Approved the Consent Calendar Pass
  30. 3.J Action to Approve and Authorize the City Manager to Execute the Revised Third Restated and Amended Joint Exercise of Powers Agreement for the Silicon Valley Animal Control Authority to include the Town of Los Gatos as a Participating Member Agency 24-673 Approved the Consent Calendar Pass
  31. 3.K Action on a Resolution Adopting the City of Santa Clara Emergency Operations Plan 24-644 Approved the Consent Calendar Pass
  32. 3.L Action on a Resolution Adopting all of the Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan, Volume 1, and the Volume 2 City of Santa Clara Annex Approved the Consent Calendar Pass
  33. 3.M Action on Authorizing the Use of City Electric Forces for Public Works at Various Locations 24-737 Approved the Consent Calendar Pass
  34. 3.N Action to Approve Introduction of Ordinance Amending Chapter 2.140 (“Disaster Council”) of the City Code 24-648 Approved the Consent Calendar Pass
  35. 35 SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
  36. 4.A Action on Stadium Manager’s Request to Negotiate and Execute a Licensed User Agreement with Ticketmaster for Ticket Sales Services for Non-NFL Events at Levi’s Stadium 24-781 Approved the Consent Calendar Pass
  37. 4.B Action on Funding Agreement for Levi’s Stadium Security and Neighborhood Impacts Assessment with Forty Niners SC Stadium Company LLC and Bay Area Host Committee and Ratify the Previous Execution of the Confidentiality Agreement with Guidepost Solutions LLC 24-527 Approved the Consent Calendar Pass
  38. 4.C Action on Stadium Manager’s Request to Approve an Amendment No. 1 to the Agreement with ACCO Engineered Systems, Inc. and an Amendment No. 2 to the Agreement with O.C. McDonald Co., Inc. to Extend the Term and Increase Rates for Mechanical and Plumbing Maintenance and Repair Services at Levi’s Stadium 24-792 Approved the Consent Calendar Pass
  39. 39 PUBLIC PRESENTATIONS ▶ jump to 68:59
  40. 40 Public Presentations 24-870
  41. 41 CONSENT ITEMS PULLED FOR DISCUSSION
  42. 42 PUBLIC HEARING/GENERAL BUSINESS
  43. 5. PUBLIC HEARING: Action on Environmental Impact Report, General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial, Use Permit, and Architectural Review to Allow the Construction of a New Four-Story, 244,068 Square Foot Data Center with a Substation at 2805 Bowers Avenue 24-174 Adopted Pass ▶ jump to 145:28
  44. 6. Summer 2024 Informational Report on Super Bowl LX and FIFA World Cup 2026 Updates 24-324 Adopted Pass ▶ jump to 285:18
  45. 5. PUBLIC HEARING: Action on Environmental Impact Report, General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial, Use Permit, and Architectural Review to Allow the Construction of a New Four-Story, 244,068 Square Foot Data Center with a Substation at 2805 Bowers Avenue 24-174 Adopted Pass ▶ jump to 145:28
  46. 7. Action on Recommendations from the Governance and Ethics Committee to Amend Council Policy 009 ("City Representation at Meetings, Ceremonies, and Events") 24-664 Adopted Pass ▶ jump to 341:58
  47. 46 REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS ▶ jump to 342:13
  48. 47 CITY MANAGER/EXECUTIVE DIRECTOR REPORT ▶ jump to 342:58
  49. 48 ADJOURNMENT Adopted Pass ▶ jump to 343:13
  50. 49 The next scheduled special meeting is on Tuesday, September 3, 2024 in the City Hall Council Chambers.
  51. 50 MEETING DISCLOSURES
  52. 51 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.