Agenda packet — City Council and Authorities Concurrent, January 25, 2022 (part 5 of 6)

Rev. 10/25/19
Ebix Insurance No. S200004387

AMENDMENT NO. 2

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
JASON ADDISON SMITH CONSULTING SERVICES, INC.

DBA JAS PACIFIC

PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Jason Addison Smith Consulting Services, Inc., a California corporation doing business as JAS Pacific (Contractor).

City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services By and Between the City of Santa Clara, California and Jason Addison Smith Consulting Services, Inc., dba JAS Pacific,” dated November 1, 2019 (Original Agreement);
B. The Original Agreement was previously amended by Amendment No. 1, dated March 4, 2021 and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $2,949,000 for ten consultant firm agreements.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:

“6. COMPENSATION AND PAYMENT

A. In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "FEE SCHEDULE."

Amendment No. 2 to Agreement/ Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific

Page 2 ends

Rev. 10/25/2019
B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements (collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:

1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019; amended March 4, 2021;

2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021;

3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021;

4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021;

5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021;

6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019; amended March 4, 2021;

7. 4Leaf, Inc., effective February 1, 2020;

8. CSG Consultants, Inc., effective February 1, 2020;

9. Bureau Veritas North America, Inc.;

10. Interwest Consulting Group, Inc.

C. Contractor further acknowledges that City is concurrently executing additional amendments to the first eight of the Plan Check Agreements listed above, and executing new agreements with Bureau Veritas North America and Interwest Consulting Group, to include language similar to this section 6 (the “Plan Check Agreements As Amended”);

D. The aggregate maximum compensation of the Plan Check Agreements As Amended is two million, nine hundred forty-nine thousand dollars ($2,949,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”

2. Subsection 1.1 of Section 1 (“Maximum Compensation”) of Exhibit B (“Compensation”) of the Original Agreement as Amended is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is two million, nine hundred forty-nine thousand dollars ($2,949,000), subject to budget appropriations, which includes all payments that may be authorized for Services, Amendment No. 2 to Agreement/ Jason Addison Smith Consulting Services, Inc., DBA JAS Pacific

Page 3 ends

Rev. 10/25/2019
expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.

3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

City of Santa Clara
Office of the City Attorney

DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

JASON ADDISON SMITH CONSULTING SERVICES, INC.

DBA JAS Pacific
a California Corporation

Dated:

By (Signature):

Name: Christine Champany
Title: Vice President
Principal Place of
Business Address:
201 North Euclid Avenue, Suite A
Upland, CA 91785
Email Address: [email protected]
Telephone: (800) 818-3677
Fax: (909) 605-0319
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 2 - Form.doc Amendment No. 4 to Agreement/Plan Review Consultants, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200000367

AMENDMENT NO. 4

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
PLAN REVIEW CONSULTANTS, INC.

PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Plan Review Consultants, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services By and Between the City of Santa Clara, California and Plan Review Consultants, Inc.,” dated July 19, 2016 (Original Agreement); B. The Original Agreement was previously amended by Amendment No. 1, dated August 28, 2017, Amendment No. 2 dated May 14, 2019, Amendment No. 3 dated February 24, 2021, and is again amended by this Amendment No. 4. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $2,949,000 for ten consultant firm agreements.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 10 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:

“10. COMPENSATION AND PAYMENT

B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 4 to Agreement/Plan Review Consultants, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:

1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019; amended March 4, 2021;

2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021;

3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021;

4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021;

5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021;

6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019; amended March 4, 2021;

7. 4Leaf, Inc., effective February 1, 2020;

8. CSG Consultants, Inc., effective February 1, 2020;

9. Bureau Veritas North America, Inc.;

10. Interwest Consulting Group, Inc.

E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”

2. That the text on the first page of Exhibit B, entitled “Fee Schedule” of the Original Agreement as Amended, is hereby amended to read as follows:
“Contractor shall provide a schedule of rates and fees which includes all billing amounts and costs as follows in Exhibit B.

If an item is not specifically mentioned in Exhibit B, details will be discussed and approved by the City of Santa Clara Building Official as needed.

The maximum aggregate compensation of the Plan Check Agreements As Amended is two million, nine hundred forty-nine thousand dollars ($2,949,000), Amendment No. 4 to Agreement/Plan Review Consultants, Inc. Page 3 Rev. 10/25/2019
subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”

3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 4, the provisions of this Amendment No. 4 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

City of Santa Clara
Office of the City Attorney
DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

PLAN REVIEW CONSULTANTS, INC.
a California Corporation

Dated:

By (Signature):

Name: Massoud Abolhoda
Title: President
Principal Place of
Business Address:
1680 Civic Center Dr., Suite 225, Santa Clara, CA
95050
Email Address: [email protected]
Telephone: 650-321-7008
Fax: 510-217-4098
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 4- Form.doc Amendment No. 5 to Agreement/Shums Coda Associates, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200001928

AMENDMENT NO. 5

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
SHUMS CODA ASSOCIATES, INC.

PREAMBLE
This agreement (“Amendment No. 5”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Shums Coda Associates, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services By and Between the City of Santa Clara, California and Shums Coda Associates, Inc.,” dated June 23, 2015 (Original Agreement); B. The Agreement was previously amended by Amendment No. 1, dated June 6, 2016, Amendment No. 2, dated September 26, 2017, Amendment No. 3, dated May 14, 2019, Amendment No. 4 dated February 24, 2021 and is again amended by this Amendment No. 5. The Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $2,949,000 for ten consultant firm agreements.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 9 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:

“9. COMPENSATION AND PAYMENT

B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 5 to Agreement/Shums Coda Associates, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:

1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019; amended March 4, 2021;

2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021;

3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021;

4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021;

5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021;

6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019; amended March 4, 2021;

7. 4Leaf, Inc., effective February 1, 2020;

8. CSG Consultants, Inc., effective February 1, 2020;

9. Bureau Veritas North America, Inc.;

10. Interwest Consulting Group, Inc.

E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”

2. That the first paragraph of Exhibit B, entitled “Fee Schedule,” of the Original Agreement as Amended, is hereby amended to read as follows:
“Contractor shall provide a schedule of rates and fees which includes all billing amounts and costs as follows in Exhibit B.

If an item is not specifically mentioned in Exhibit B, details will be discussed and approved by the City of Santa Clara Building Official as needed.

The maximum aggregate compensation of the Plan Check Agreements As Amended is two million, nine hundred forty-nine thousand dollars ($2,949,000), Amendment No. 5 to Agreement/Shums Coda Associates, Inc. Page 3 Rev. 10/25/2019
subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”

3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 5, the provisions of this Amendment No. 5 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 5 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

City of Santa Clara
Office of the City Attorney
DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

SHUMS CODA ASSOCIATES, INC.
a California Corporation

Dated:

By (Signature):

Name: David Basinger
Title: Principal/CEO
Principal Place of
Business Address:
5776 Stoneridge Mall Rd, Suite 150, Pleasanton,
CA 94588
Email Address: [email protected]
Telephone: 925-463-0651
Fax: 925-463-0691
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 5 - Form.doc Amendment No. 2 to Agreement/Synergetic Consulting Page 1 Rev. 10/25/19
Ebix Insurance No. S200000365

AMENDMENT NO. 2

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

SYNERGETIC CONSULTING

PREAMBLE
This agreement (“Amendment No. 2”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Synergetic Consulting, a Nevada corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services By and Between the City of Santa Clara, California and Synergetic Consulting,” dated July 8, 2019 (Original Agreement);
B. The Original Agreement was previously amended by Amendment No. 1, dated March 4, 2021, and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $2,949,000 for ten consultant firm agreements.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:

“6. COMPENSATION AND PAYMENT

B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 2 to Agreement/Synergetic Consulting Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:

1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019; amended March 4, 2021;

2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021;

3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021;

4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021;

5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021;

6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019; amended March 4, 2021;

7. 4Leaf, Inc., effective February 1, 2020;

8. CSG Consultants, Inc., effective February 1, 2020;

9. Bureau Veritas North America, Inc.;

10. Interwest Consulting Group, Inc.

E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”
That the final paragraph of Exhibit B, entitled “Revised Schedule of Fees” of the Original Agreement as Amended, is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is two million, nine hundred forty-nine thousand dollars ($2,949,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”

Amendment No. 2 to Agreement/Synergetic Consulting Page 3 Rev. 10/25/2019

2. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

City of Santa Clara
Office of the City Attorney
DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

SYNERGETIC CONSULTING
a Nevada Corporation

Dated:

By (Signature):

Name: Edward R. Rought
Title: President
Principal Place of
Business Address:
14700 Virginia Foothills Dr. #2,
Reno, Nevada 89521
Email Address: [email protected]
Telephone: (775) 284-3400
Fax:
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 2 - Form.doc Amendment No. 5 to Agreement/TRB + Associates, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200003263

AMENDMENT NO. 5

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
TRB + ASSOCIATES, INC.

PREAMBLE
This agreement (“Amendment No. 5”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and TRB + Associates, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services By and Between the City of Santa Clara, California and TRB + Associates, Inc.,” dated August 18, 2015 (Original Agreement);
B. The Original Agreement was previously amended by Amendment No. 1, dated April 8, 2016, Amendment No. 2 dated September 5, 2017, Amendment No. 3 dated May 14, 2019, Amendment No. 4 dated February 24, 2021, and is again amended by this Amendment No. 5. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $2,949,000 for ten consultant firm agreements.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 9 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:

“9. COMPENSATION AND PAYMENT

B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 5 to Agreement/TRB + Associates, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:

1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019; amended March 4, 2021;

2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021;

3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021;

4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021;

5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021;

6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019; amended March 4, 2021;

7. 4Leaf, Inc., effective February 1, 2020;

8. CSG Consultants, Inc., effective February 1, 2020;

9. Bureau Veritas North America, Inc.;

10. Interwest Consulting Group, Inc.

E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”

If an item is not specifically mentioned in Exhibit B, details will be discussed and approved by the City of Santa Clara Building Official as needed.

The maximum aggregate compensation of the Plan Check Agreements As Amended is two million, nine hundred forty-nine thousand dollars ($2,949,000), Amendment No. 5 to Agreement/TRB + Associates, Inc. Page 3 Rev. 10/25/2019
subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.

3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 5, the provisions of this Amendment No. 5 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 5 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

City of Santa Clara
Office of the City Attorney
DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

TRB + ASSOCIATES, INC.
a California Corporation

Dated:

By (Signature):

Name: Todd Bailey
Title: Principal
Principal Place of
Business Address:
3180 Crow Canyon Place, Suite 216
San Ramon, CA 94583
Email Address: [email protected]
Telephone: (925) 866-2633
Fax: (925) 790-0011
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 5 - Form.doc Amendment No. 3 to Agreement/ West Coast Code Consultants, Inc. Page 1 Rev. 10/25/19
Ebix Insurance No. S200004374

AMENDMENT NO. 3

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
WEST COAST CODE CONSULTANTS, INC. (WC3)

PREAMBLE
This agreement (“Amendment No. 3”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and West Coast Code Consultants, Inc., a California corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Professional Services By and Between the City of Santa Clara, California and West Coast Code Consultants, Inc.,” dated November 1, 2018 (Original Agreement); B. The Original Agreement was previously amended by Amendment No. 1, dated July 1, 2019, Amendment No. 2 dated March 4, 2021, and is again amended by this Amendment No. 3. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and C. The Parties entered into the Original Agreement as Amended for the purpose of having Contractor provide qualified contract personnel, technical and professional services, and the Parties now wish to amend the Original Agreement as Amended to increase the amount billed under the Agreement for a maximum aggregate compensation not to exceed $2,949,000 for ten consultant firm agreements.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 6 of the Original Agreement as Amended, entitled “Compensation and Payment,” is hereby amended to read as follows:

“6. COMPENSATION AND PAYMENT

B. Contractor acknowledges that Contractor is one of 10 companies selected to perform related services for the City in response to an RFP, and City will be utilizing the services of all 10 companies, pursuant to 10 separate agreements Amendment No. 3 to Agreement/ West Coast Code Consultants, Inc. Page 2 Rev. 10/25/2019
(collectively, the “Plan Check Agreements”). Those 10 companies, and the effective dates of the applicable Plan Check Agreements, are as follows:

1. Jason Addison Smith Consulting Services, Inc., effective November 1, 2019, amended March 4, 2021;

2. Plan Review Consultants, Inc., effective July 19, 2016, amended Aug. 28, 2017, amended May 14, 2019, amended February 24, 2021;

3. Shums Coda Associates, Inc., effective June 23, 2015, amended June 6, 2016, amended Sep. 26, 2017, amended May 14, 2019, amended February 24, 2021;

4. Synergetic Consulting, effective July 8, 2019, amended March 4, 2021;

5. TRB + Associates, Inc., effective Aug. 18, 2015, amended Apr. 8, 2016, amended Sep. 5, 2017, amended May 14, 2019, amended February 24, 2021;

6. West Coast Code Consultants, Inc., effective Nov. 1, 2018, amended July 1, 2019; amended March 4, 2021;

7. 4Leaf, Inc., effective February 1, 2020;

8. CSG Consultants, Inc., effective February 1, 2020;

9. Bureau Veritas North America, Inc.;

10. Interwest Consulting Group, Inc.

E. Contractor further acknowledges that there are no minimum usage requirements and no commitment for a minimum number of hours.”

2. That the final paragraph of Exhibit B, entitled “Revised Schedule of Fees” of the Original Agreement as Amended, is hereby amended to read as follows:
“The maximum aggregate compensation of the Plan Check Agreements As Amended is two million, nine hundred forty-nine thousand dollars ($2,949,000), subject to budget appropriations, which includes all payments that may be authorized for Services, expenses, supplies, materials and equipment required to perform the Services under this Agreement or under any of the Plan Check Agreements As Amended.”

Amendment No. 3 to Agreement/ West Coast Code Consultants, Inc. Page 3 Rev. 10/25/2019

3. Except as set forth herein, all other terms and conditions of the Original Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

City of Santa Clara
Office of the City Attorney

DEANNA J. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
WEST COAST CODE CONSULTANTS, INC., (WC3).
a California Corporation

Dated:

By (Signature):

Name: Giyan Senaratne, PE, SE, LEED AP, CASp
Title: Principal/CEO
Principal Place of
Business Address:
2400 Camino Ramon, Ste 240
San Ramon, CA 94583
Email Address: [email protected]
Telephone: (925) 275-1700
Fax:
“CONTRACTOR”
S:\Attorney\AGREEMENTS\Amendments\Amendment No. 3 - Form.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1743 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Delegating Authority to the City Manager or Designee to Award and Administer the Public Works Construction Contracts for the Public Right-of-Way ADA Improvements - Package 1 Project (CE 20-21-09 (P1)) and the Public Right-of-Way ADA Improvements - Package 2 Project (CE 20-21-09 (P2)) in an Aggregate Amount Not-to-Exceed $8,000,000.

COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara and the Santa Clara Stadium Authority were named as defendants in a class action lawsuit (Nevarez v. 49ers, et al.) which alleged that Levi’s Stadium, its parking lots, and surrounding public pedestrian rights-of-way connecting satellite parking lots to the Stadium entrance, contained defects under the Americans with Disabilities Act (ADA). On July 23, 2020, the U.S. District Court for the Northern District of California granted final approval of a settlement of this lawsuit, which requires the City to remediate the alleged defects within prescribed timeframes (Settlement Agreement). The accessibility barriers are primarily located along Great America Parkway, Tasman Drive, Mission College Boulevard, Centennial Boulevard, Stars and Stripes Drive, Patrick Henry Drive, Old Ironsides Drive, Old Glory Lane, Democracy Way, and Bunker Hill Lane. In general, the improvements require the removal and replacement of sidewalk and ramps, so the slopes meet current ADA requirements. The first phase of remediation is required to be completed by July 2022 and the second phase is required to be completed by January 2023. These timeframes established in the Settlement Agreement are extremely tight and the City is working diligently to meet the timeframes.

The Public Right-of-Way ADA Improvements Project (Project) was established in the Adopted Capital Improvement Program Budget for FY 2020/21 and FY 2021/22 to address the alleged defects in the public right-of-way. The Department of Public Works is leading this Project in coordination with the City Attorney’s Office due to the involvement of infrastructure in the public right-of-way. The Project requires infrastructure modifications in accordance with the settlement including reconstruction of sidewalks, curb ramps, driveways, traffic signals, rail crossings, and other miscellaneous barriers.

On September 9, 2020, Council approved a design professional services agreement with Bellecci and Associates, Inc. to prepare the engineering design and construction documents for the public works construction contract bidding. The Project is being administered for design and bidding in four construction bid packages with the first phase of remediation being addressed under Packages 1 and 2, and the second phase of remediation being addressed under Packages 3 and 4.

The purpose of this report is for the award of construction contracts for Packages 1 and 2 of the City of Santa Clara Printed on 1/20/2022Page 1 of 3
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22-1743 Agenda Date: 1/25/2022
Project to the lowest responsive and responsible bidder(s) for each package. Package 1 includes improvements along Great America Parkway, Old Glory Lane, Patrick Henry Drive, Old Iron Sides Drive, and Democracy Way. Package 2 includes improvements along Tasman Drive, Patrick Henry Drive, Bunker Hill Lane, and Old Ironsides Drive. Location Maps showing the Package 1 and Package 2 project areas are included as Attachment 2. Packages 3 and 4 are currently under design and recommendations for award of the construction contracts will be presented to Council in the future.

DISCUSSION
Competitive Requests for Bids (RFB) for construction for both Packages 1 and 2 of the Project were published on the City’s bid notification system, BidSync. Package 1 was published on December 8, 2021 and Package 2 was published on December 22, 2021.

Bids for Package 1 were opened on January 5, 2022 and five bids were received ranging from $3,419,957 to $4,439,174. The engineer's estimate for Package 1 was $3,900,000. Bids for Package 2 were opened on January 12, 2022 and three bids were received ranging from $2,564,642 to $3,116,283. The engineer's estimate for Package 2 was $3,050,000. The Bid Summary for Package 1 and Package 2 are included as Attachment 3 and Attachment 4. These bid amounts are subject to review and minor correction based upon evaluation of bids per the terms of the contract documents.

The evaluation of bids by staff and subsequent recommendation to Council for contract award to the lowest responsive and responsible bidder typically requires several months between bid opening and contract award by Council. The evaluation of bidder responsiveness and responsibility by staff prior to recommending the award of contract to Council includes but is not limited to addressing bidders’ protests if received, evaluating litigation history, safety history, financial capacity, along with verifying that all of the bidding requirements were satisfied. It should be noted that the Public Contract Code and the City Charter require that bids for public works construction contracts are to be awarded to the lowest responsive and responsible bidder.

Due to the tight timeframes prescribed by the Settlement Agreement to complete construction of the Project, staff recommends that Council delegate authority to the City Manager or Designee to award the construction contracts for Package 1 and Package 2 of the Project to the lowest responsive and responsible bidder(s) upon determination. The Resolution (Attachment 1) delegates authority to the City Manager for award and administration of the construction contracts for these two packages. Delegation of this authority will allow the Project to be expedited to provide more time for the construction to be completed towards satisfying the deadlines of the Settlement Agreement. Both Package 1 and Package 2 contracts include prevailing wage requirements.

ENVIRONMENTAL REVIEW
This project being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(c), “Existing Facilities,” as the activity consists of the minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing, and specifically includes the alteration of existing highways and streets, sidewalks, gutters, and similar facilities. As part of the design process, the design consultant prepared a Categorical Exemption Report, and a Categorical Exemption was filed with the County of Santa Clara and the State Clearinghouse.

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22-1743 Agenda Date: 1/25/2022

FISCAL IMPACT
Funding for the award of both the Package 1 and Package 2 construction contracts is available in the Streets and Highways Capital Fund in the Public Right-of-Way ADA Improvements project. Based upon bids received which are currently under review, the Package 1 estimated construction contract is anticipated to be no more than $4,500,000 and the Package 2 estimated construction contract is expected to be no more $3,300,000. These estimated construction contract costs include both the bid amount and a construction contingency allowance for any potential change orders of approximately 15 percent.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
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]> .

RECOMMENDATION
Adopt a Resolution Delegating Authority to the City Manager or Designee to Award and Administer the Public Works Construction Contracts for the Public Right-of-Way ADA Improvements - Package 1 Project (CE 20-21-09 (P1)) and the Public Right-of-Way ADA Improvements - Package 2 Project (CE 20-21-09 (P2)) in an Aggregate Amount Not-to-Exceed $8,000,000.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Resolution

2. Project Location Map

3. Bid Summary for Package 1

4. Bid Summary for Package 2
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Resolution/Award of Contracts for the Public Right-of-Way ADA Improvements Project Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

DELEGATING AUTHORITY TO THE CITY MANAGER OR

DESIGNEE TO AWARD AND ADMINISTER THE PUBLIC WORKS

CONSTRUCTION CONTRACTS FOR THE PUBLIC RIGHT -OF-
WAY ADA IMPROVEMENTS - PACKAGE 1 PROJECT (CE 20-21-
09 (P1)) AND THE PUBLIC RIGHT -OF-WAY ADA
IMPROVEMENTS - PACKAGE 2 PROJECT (CE 20-21-09 (P2)) IN
AN AGGREGATE AMOUNT NOT-TO-EXCEED $8,000,000

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara’s City Council has specific purchasing policies or ordinances, and all other agreements and actions not specifically delegated by the City Code or other formal action must be considered and approved by Council; WHEREAS, the authority to award public works construction contracts above one hundred thousand dollars ($100,000) has not been delegated by Council and public works construction contracts above one hundred thousand dollars ($100,000) shall be referred to Council for approval;
WHEREAS, the public works construction contracts for the Public Right-of-Way ADA Improvements - Package 1 Project (CE 20-21-09 (P1)) and the Public Right-of-Way ADA Improvements - Package 2 Project (CE 20-21-09 (P2)) (“Projects”) are contemplated for bidding and award to the lowest responsive and responsible bidder(s) and will respectively be above one hundred thousand dollars ($100,000) each;
WHEREAS, a settlement agreement between the plaintiffs in a class action lawsuit and the City and Stadium Authority (Nevarez v. 49ers, et al.) requires the Projects be completed by July 2022;
WHEREAS, the time required to evaluate bids for Projects and refer award of the construction contracts to Council, may delay the start of construction such that the Projects may not be completed by the July 2022 deadline;
WHEREAS, the delegation authority to award of the construction contracts for the Projects to the Resolution/Award of Contracts for the Public Right-of-Way ADA Improvements Project Page 2 of 3 Rev: 11/22/17
City Manager or Designee will allow construction of the Projects to commence sooner.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Manager or Designee is hereby authorized to make the determination of the lowest responsive and responsible bidder(s) for the Projects, respectively, in accordance with the requirements of the contract documents and contract as advertised for bid;

2. That the City Manager or Designee is hereby authorized to award the public works construction contracts for the Projects, respectively, to the lowest responsive and responsible bidder(s) in the amount of their bid(s);

3. That the City Manager or Designee is hereby authorized to reject any and all bids presented and may re-advertise in his or her discretion;

4. That the City Manager or Designee is hereby authorized to execute contract change orders of up to fifteen percent (15%) of the original contract amounts awarded for the Projects, respectively;

5. That the authorizations delegated herein are applicable in an aggregate amount not-to- exceed $8,000,000, inclusive of the original awarded contract amounts, construction contingencies, and contract change orders;

6. That the City Manager or Designee is hereby authorized to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the Projects;

7. That after the completion of construction of the Projects, within a reasonable amount of time, the City Manager shall prepare a report for Council to note and file on the contracts awarded and work performed.
///
///
///
Resolution/Award of Contracts for the Public Right-of-Way ADA Improvements Project Page 3 of 3 Rev: 11/22/17

8. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None
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Page 1 of 1 ends

Attachment No. 3
Bid Summary

PUBLIC RIGHT-OF-WAY ADA IMPROVEMENTS -
PACKAGE 1 PROJECT CE 20-21-09 (P1)

BID SUMM
ARY* Bid Opening Date: January 5, 2022
ENGINEER’S ESTIMATE: $ 3,900,000.00
Contractor Total Bid ($) Percentage above/below
Engineer’s Estimate
Sposeto Engineering Inc. $ 3,419,956.69 12.3% below
Spencon Construction $ 3,588,913.50 8.0% below
IBS USA Inc $ 3,761,190.00 3.6% below
Terramark Gen Eng Contractors $ 3,893,539.00 0.2% below JJR Construction Inc $ 4,439,174.20 11.5% above
*Note: The values presented above reflect unevaluated Bids as received at bid opening and are subject to evaluation and correction pursuant to the Contract Documents.

Page 1 of 1 ends

Attachment No. 4
Bid Summary

PUBLIC RIGHT-OF-WAY ADA IMPROVEMENTS -
PACKAGE 2 PROJECT CE 20-21-09 (P2)

BID SUMM
ARY* Bid Opening Date: January 12, 2022
ENGINEER’S ESTIMATE: $ 3,050,000.00
Contractor Total Bid ($) Percentage above/below
Engineer’s Estimate
FBD Vanguard Construction, Inc. $ 2,564,642.10 15.9% below IBS USA Inc $ 2,667,280.00 12.5% below
Sposeto Engineering Inc. $ 3,116,282.70 2.2% above
*Note: The values presented above reflect unevaluated Bids as received at bid opening and are subject to evaluation and correction pursuant to the Contract Documents.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-89 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Appointments to City Committees and Area Wide/Outside Agency Committees for the 2022 Calendar Year

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Annually, the Mayor requests that the City Council appoint members of the City Council to the City and Area Wide/Outside Agency Committees. The full City Council was asked to provide their input on any requests for appointments or changes to appointments.

DISCUSSION
The 2022 proposed City Committees lists are set forth as exhibits to this report as Attachments:

1. Proposed 2022 City Committees List - clean

2. Proposed City Committees List - redline

3. Proposed 2022 Outside Agency Committees List - clean

4. Proposed 2022 Outside Agency Committees List - redline The 2022 proposed appointments are also outlined below. Note the City Committees list includes appointments to the Economic Development, Communications, and Marketing (EDCM) and Governance and Ethics (G&E) Committees, however due to staff departures and staffing vacancies, these committee meetings will be paused for at least the first quarter of 2022 to allow for the Priority Setting Session to occur as well as preliminary 2022/23 Budget discussions.

City Committees
· Americans with Disabilities Act (ADA) Committee
o Appoint Councilmember Raj Chahal as Chair
o Appoint Councilmember Anthony Becker as Alternate
· Audit Committee
o Appoint Councilmember Kathy Watanabe as Chair
o Appoint Vice Mayor Suds Jain as Member
o Appoint Councilmember Kevin Park as Member
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22-89 Agenda Date: 1/25/2022
o Appoint Councilmember Raj Chahal as Alternate
· Bicycle and Pedestrian Advisory Committee (BPAC)
o Appoint Councilmember Karen Hardy as Chair
o Appoint Vice Mayor Suds Jain as Alternate
· Economic Development, Communications, and Marketing Committee o Appoint Councilmember Kathy Watanabe as Chair
o Appoint Councilmember Kevin Park as Member
o Appoint Councilmember Anthony Becker as Member
o Appoint Councilmember Raj Chahal as Alternate
· Governance and Ethics Committee
o Appoint Mayor Lisa Gillmor as Chair
o Appoint Councilmember Raj Chahal as Member
o Appoint Vice Mayor Suds Jain as Member
o Appoint Councilmember Kevin Park as Alternate
· Ad Hoc Stadium Audit Committee
o Appoint Mayor Lisa Gillmor as Chair
o Appoint Councilmember Raj Chahal as Member
o Appoint Councilmember Karen Hardy as Member
o Appoint Councilmember Kevin Park as Alternate
Area Wide/Outside Agency Committees
· Association of Bay Area Governments (ABAG) (General Assembly) o Appoint Councilmember Kevin Park as Member
o Appoint Councilmember Anthony Becker as Alternate
· Bay Area Water Supply and Conservation Agency (BAWSCA) o Appoint Councilmember Karen Hardy as Member
· Caltrain Modernization Local Policymaker Group (CalMod) o Appoint Councilmember Anthony Becker as Member
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22-89 Agenda Date: 1/25/2022
o Appoint Councilmember Raj Chahal as Alternate
· Cities Association of Santa Clara County Board of Directors o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Anthony Becker as Alternate
· Cities Association of Santa Clara County City Selection Committee o Appoint Vice Mayor Suds Jain as Member
o Appoint Councilmember Kevin Park as Alternate
· Cities Association of Santa Clara County Legislative Action Committee o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Anthony Becker as Alternate
· City/Mission College Liaison Committee
o Appoint Mayor Lisa Gillmor as Chair
o Appoint Councilmember Karen Hardy as Member
o Appoint Councilmember Anthony Becker as Member
o Appoint Councilmember Raj Chahal as Alternate
· City/School Liaison Committee (Santa Clara Unified School District) o Appoint Mayor Lisa Gillmor as Chair
o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Raj Chahal as Member
o Appoint Vice Mayor Suds Jain as Alternate
· Grand Boulevard Task Force/El Camino Real
o Appoint Councilmember Raj Chahal as Member
o Appoint Vice Mayor Suds Jain as Alternate
· Human Trafficking Commission
o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Kevin Park as Alternate
· Northern California Power Agency (NCPA)
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22-89 Agenda Date: 1/25/2022
o Appoint Vice Mayor Suds Jain as Member
o Appoint Councilmember Kathy Watanabe as Alternate
· Police Activities League (PAL)
o Appoint Mayor Lisa Gillmor as Member
o Appoint Councilmember Kathy Watanabe as Alternate
· Peninsula Division of the League of California Cities o Appoint Councilmember Kevin Park as Member
o Appoint Vice Mayor Suds Jain as Alternate
· Joint Recycled Water Policy Advisory Committee
o Appoint Councilmember Karen Hardy as Member
o Appoint Councilmember Kathy Watanabe as Alternate
· Recycling and Waste Reduction Commission of Santa Clara County (RWRC) o Appoint Councilmember Kathy Watanabe as Member
· San Francisco Bay Area Regional Water System Financing Authority o Appoint Councilmember Karen Hardy as Member
· San Jose/Santa Clara Clean Water Financing Authority
o Appoint Councilmember Karen Hardy as Member
o Appoint Councilmember Kevin Park as Member
o Appoint Vice Mayor Suds Jain as Alternate
· San Jose/Santa Clara Treatment Plant Advisory Committee (TPAC) o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Karen Hardy as Member
o Appoint Mayor Lisa Gillmor as Alternate
· Santa Clara County Expressway Plan 2040 Policy Advisory Board (PAB) o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Karen Hardy as Alternate
· Santa Clara/Santa Cruz Counties Airport/Community Roundtable City of Santa Clara Printed on 1/20/2022Page 4 of 6
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22-89 Agenda Date: 1/25/2022
o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Raj Chahal as Alternate
· Santa Clara Sister Cities Association
o Appoint Councilmember Kathy Watanabe as Member
o Appoint Councilmember Kevin Park as Alternate
· Santa Clara University Liaison/Neighborhood-University Relations Committee (NURC) o Appoint Mayor Lisa Gillmor as Chair
o Appoint Councilmember Raj Chahal as Member
o Appoint Councilmember Anthony Becker as Member
o Appoint Councilmember Kevin Park as Alternate
· Santa Clara Valley Transportation Authority (SCVTA) Board of Directors o Appoint Mayor Lisa Gillmor as Member
· Santa Clara Valley Transportation Authority (SCVTA) Policy Advisory Committee (PAC) o Appoint Councilmember Raj Chahal as Member
o Appoint Councilmember Karen Hardy as Alternate
· Santa Clara Valley Water Commission
o Appoint Councilmember Karen Hardy as Member
o Appoint Councilmember Kathy Watanabe as Alternate
· Silicon Valley Animal Control Authority (SVACA)
o Appoint Councilmember Raj Chahal as Member
o Appoint Councilmember Anthony Becker as Alternate
· Triton Museum of Art
o Appoint Councilmember Raj Chahal as Member
o Appoint Councilmember Kevin Park as Alternate

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably City of Santa Clara Printed on 1/20/2022Page 5 of 6
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22-89 Agenda Date: 1/25/2022
foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no fiscal impact to the City other than staff time.

RECOMMENDATION
Approve the appointments to the City and Area Wide/Outside Agency Committees.

Approved by Mayor Lisa M. Gillmor

ATTACHMENTS

1. Proposed 2022 City Committees List - clean

2. Proposed 2022 City Committees List - redline

3. Proposed 2022 Outside Agency Committees List - clean

4. Proposed 2022 Outside Agency Committees List - redline City of Santa Clara Printed on 1/20/2022Page 6 of 6
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Last Approved 01-25-22

CITY OF SANTA CLARA
Council Appointments to City Committees

CITY COMMITTEES (City staff responsible for preparing and posting the agendas for the meetings).

1. Americans with Disabilities Act (ADA) Committee:

Date: Meets on call
Time: TBD
Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Chahal (Chair) Alternate: Becker Staff Members: Director of Public Works, City Attorney
Staff Liaison: Kelly Conoscenti, OSIII Phone: 408-615-3000 Established on September 29, 1992, to review accessibility issues, the Committee includes individuals and representatives from community organizations such as VIA Rehabilitation, Self Help for Hard of Hearing People, and the Adult Independence Development Center.

2. Audit Committee:

Date: Meets on call
Time: TBD
Location: City Hall
1500 Warburton Avenue, Santa Clara
Councilmembers: Watanabe (Chair), Jain, Park Alternate: Chahal Staff Members: City Manager, Director of Finance, City Auditor, City Attorney Reviews the annual independent audits, Comprehensive Annual Financial Report , Single Audit Report, Electric Utility Financial Statements, Stadium Authority Financial Statements, and City Auditor’s Annual Report. Meetings are attended with independent auditor.

3. Bicycle Pedestrian Advisory Committee (BPAC):

Date: Meets on the fourth Monday of January, March, June, August, and October Time: 4:00 p.m.

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Hardy (Chair) Alternate: Jain Staff Members: Director of Public Works, Traffic Engineer, Polic e Depart ment Traff ic Sergeant, City Attorney
Staff Liaison: Marshall Johnson, Civil Engineer I Phone: 408-615-3023 Originally established on May 14, 1991, the Committee was established to explore developing safe bicycle lanes and routes on City streets. The Committee name and duties was revised in March 25, 2014 to include pedestrian aspects and to also provide input on non-engineering activities to increase pedestrian and bicycle usage in the City.

4. Economic Development, Communications, and Marketing Committee:

Date: Meets on the third Wednesday of February, May, August, and November Time: 3:00 p.m.

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Watanabe (Chair), Park, Becker Alternate: Chahal Staff Members: City Manager, Assistant City Manager, Director of Communications, City Attorney Staff Liaison: Genevieve Yip, Management Analyst Phone: 408-615-2250 The Economic Development , Communications, and Marketing Committee was esta blished by Council action on February 5, 2019, to consolidate the Economi c Development Commit tee and the Marketing Committee. The Committee focuses proactive economic development and effective communication, as well as reviews the City’s marketing and branding strategies.

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Last Approved 01-25-22

5. Governance and Ethics Committee:

Date: Meets on the first Monday of March, June, September, and December Time: 3:00 p.m.

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Gillmor (Chair), Chahal, Jain Alternate: Park Staff Members: City Manager, City Attorney, City Clerk Staff Liaison: Genevieve Yip, Management Analyst Phone: 408-615-2250 The Governance and Ethics Committee was established by Council action on February 5, 2019, to consolidate the Governance Committee, Ethics Committee, and the Facilities Naming and Honorary Recognition Ad Hoc Committee. The Committee focuses on the refinement or establishment of policies and procedures regarding City Council operations and general good government practices, as well as the further implementation of the City’s Code of Ethics & Values program. This committee is also responsible for reviewing requests for facility naming and honorary recognitions.

6. Ad Hoc Stadium Audit Committee:

Date: Meets on call
Time: TBD
Location: City Hall
1500 Warburton Avenue, Santa Clara
Councilmembers: Gillmor (Chair), Hardy, Chahal Alternate: Park Staff Members: City Manager, Director of Finance, City Auditor, City Attorney On July 19, 2016, the Santa Clara S tadium Authority Board (Board) approved appointment of a three - member committee to oversee the work and p rogress of the audit being performed by Harvey M. Rose Associates, LLC.

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Last Approved 01-25-22 012/253/221

CITY OF SANTA CLARA
Council Appointments to City Committees

CITY COMMITTEES (City staff responsible for preparing and posting the agendas for the meetings).

1. Americans with Disabilities Act (ADA) Committee:

2. Audit Committee:

Date: Meets on call
Time: TBD
Location: City Hall
1500 Warburton Avenue, Santa Clara
Councilmembers: Watanabe (Chair), Jain, Park Alternate: Chahal Staff Members: City Manager, Director of Finance, City Auditor, City Attorney Reviews the annual independent audits, Comprehensive Annual Financial Report, Single Audit Report, Electric Utility Financial Statements, Stadium Authority Financial Statements, and City Auditor’s Annual Report. Meetings are attended with independent auditor.

3. Bicycle Pedestrian Advisory Committee (BPAC):

Date: Meets on the fourth Monday of January, March, June, August, and October Time: 4:00 p.m.

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Hardy (Chair) Alternate: Jain Staff Members: Director of Public Works, Traffic Engineer, Police Department Traffic Sergeant, City Attorney
Staff Liaison: Marshall Johnson, Civil Engineer I Phone: 408-615-3023 Originally established on May 14, 1991, the Committee was established to explore developing safe bicycle lanes and routes on City streets. The Committee name and duties was revised in March 25, 2014 to include pedestrian aspects and to also provide input on non-engineering activities to increase pedestrian and bicycle usage in the City.

4. Economic Development, Communications, and Marketing Committee:

Date: Meets on the third Wednesday of February, May, August, and November Time: 3:00 p.m.

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Watanabe (Chair), Park, Becker Alternate: Chahal Staff Members: City Manager, Assistant City Manager, Director of Communications, City Attorney Staff Liaison: Genevieve Yip, Management Analyst Phone: 408-615-2250 The Economic Development, Communications, and Marketing Committee was established by Council action on February 5, 2019, to consolidate the Economic Development Committee and the Marketing Committee. The Committee focuses proactive economic development and effective communication, as well as reviews the City’s marketing and branding strategies.

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5. Governance and Ethics Committee:

Date: Meets on the first Monday of March, June, September, and December Time: 3:00 p.m.

6. Ad Hoc Stadium Audit Committee:

Date: Meets on call
Time: TBD
Location: City Hall
1500 Warburton Avenue, Santa Clara
Councilmembers: Gillmor (Chair), Hardy, Chahal Alternate: Park Staff Members: City Manager, Director of Finance, City Auditor, City Attorney On July 19, 2016, the Santa Clara Stadium Authority Board (Board) approved appointment of a three- member committee to oversee the work and progress of the audit being performed by Harvey M. Rose Associates, LLC.

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Last Approved 1-25-22

CITY OF SANTA CLARA
Council Appointments to Outside Agency Committees

OUTSIDE AGENCY COMMITTEES (Outside Agency responsible for preparing and posting the agendas for the meetings).

1. Association of Bay Area Governments (ABAG) (General Assembly):

Date: Meetings held once a year
Time: From approximately 9:00 a.m. to 3:00 p.m.

Location: TBD
Contact: ABAG Clerk of the Board Phone: (415) 820-7913
Councilmember: Park Alternate: Becker
Staff Member: Director of Community Development
Established in 1961 to protect local control, planning for the futu re and promoting cooperation in area - wide issues. No stipend for attendee.

2. Bay Area Water Supply and Conservation Agency (BAWSCA):

Date: Meetings held every odd nu mbered mo nth (January, March, May, July, September, November) on the third Thursday of the month Time: 6:30 p.m.

Location: San Mateo Main Library, Oak Room, 55 West 3rd Avenue, San Mateo, CA 94402 Contact: Nicole Sandkulla Phone: (650) 349-3000
Councilmember: Hardy
Staff Member: Director of Water and Sewer Utilities
Established in February 2003 to allow the City to have a greater voice in planning and funding of improvements in the Hetch- Hetchy regional water supply system. BAWSCA term is fou r years (June 2018-2022) and has only one representative (no alternate). $100 stipend for meeting attendance.

3. Caltrain Modernization Local Policymaker Group (CalMod):

Date: Meets monthly on the fourth Thursday; except in December, mee ts on the third Thursday
Time: 5:30 p.m. – 7:00 p.m.

Location: Caltrain Joint Powers Authority Board Headquarters Bacciocco Auditorium, 1250 San Carlos Avenue, San Carlos, CA 94070 Contact: Ryan McCauley Phone: (650) 508-6200
Councilmember: Becker Alternate: Chahal
Staff Member: Director of Public Works (Advisor only, does not attend meetings) Established by Caltrain Joint powers Board for Caltrain modernization/electrification. Members represent cities along the Caltrain corridor. No stipend for attendee.

4. Cities Association of Santa Clara County:

Contact: Andi Jordan,
Executive Director
P.O. Box 1079, Los Gatos, CA 95031
Phone: (408) 766-9534
A. Board of Directors:

Date: Meets on the second Thursday of every month, except in July Time: 7:00 p.m.

Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Watanabe Alternate: Becker Staff Member: City Manager or Assistant City Manager
No stipend for attendee.

B. City Selection Committee:

Date: Meets on call
Time: 6:45 p.m. (Immediately before the Board of Directors meeting)

Page 2 of 7 ends

Last Approved 1-25-22

Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Jain Alternate: Park Staff Member: City Manager or Assistant City Manager
Established to promote cooperation among the fifteen cities of Santa Clara County and to promote legislative action that will affect local control.

C. Legislative Action Committee:

Date: Meets on call
Time: 6:45 p.m. (Immediately before the Board of Directors meeting) Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Watanabe Alternate: Becker Staff Member: City Manager or Assistant City Manager

5. City/Mission College Liaison Committee:

Date: Meets on call twice a year
Time: TBD
Location: Alternates between Santa Clara City Hall and Mission College Contact: Mission College President’s Secretary or
Santa Clara Mayor and Council Offices
Executive Assistant to the Mayor and Council
Phone: (408) 855-5123
(408) 615-2250
Councilmembers Gillmor (Chair), Becker, Hardy Alternate: Chahal Staff Member: City Manager, D irector of Community Development, D irector of Parks and Recreation
Established on-going communication and re view of joint programs with Mission College. The Mission College President and two board members participate on the Committee. No stipend for attendee.

6. City/School Liaison Committee (Santa Clara Unified School District):

Date: Meets first Wednesday every other month beginning January Time: 11:45 a.m.

Location: Alternates between Santa Clara City Hall and Santa Clara Unified School District (SCUSD) Office
Contact: City Manager’s Office or
SCUSD Superintendent
Phone: (408) 615-2210
(408) 423-2006
Councilmembers: Gillmor (Chair), Watanabe, Chahal Alternate: Jain Staff Member: Assistant City Manager, Director of Parks and Recreation, Chief of Police Established on-going communication and coordination of joint projects/programs between City officials and SCUSD officials. The School Board representatives and School Superintendent are members of the Committee. No stipend for attendee.

7. Grand Boulevard Task Force/El Camino Real:

Date: Meets quarterly on the last Wednesday i n March, June, September and December
Time: 10:00 a.m.

Location: Alternatively held at the SamTrans Auditorium in San Carlos and the Hi storic Adobe Building in Mountain View
Contact: Dave Pape, SamTrans Phone: (650) 508-6210
Councilmembers: Chahal Alternate: Jain
Staff Member: Director of Community Development
Member and alternate appointed by Council on February 21, 2006. First meeting was held March 2006. Joint Venture Silicon Valley Network/Peninsula Policy Partnership formed the Task Force for the purpose of looking for ways to raise the status of the El Camino Real to a world-class boulevard with special attention to the aesthetic, safety and interjurisdictional issues. No stipend for attendee.

Page 3 of 7 ends

Last Approved 1-25-22

8. Human Trafficking Commission:

Date: Meetings held once per year, generally at the end of the year (November) Time: 1:00 p.m.

Location: Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose
Contact: County of Santa Clara - Deputy Board Clerk
Phone: (408)299-5083 or 408-299-5001
Councilmember: Watanabe Alternate: Park Staff Member: Chief of Police
The Human Trafficking Commission was established on April 29, 2014 to investigate the nature and scope of human trafficking in the County, including both labor and sex trafficking; identify model victim-centered policies, services, and preventative measures to address this issue; make legislative and policy recommendations to the Santa Clara County Board of Supervisors; support the apprehension and prosecution of traffickers; and collaborate with partners regionally, nationally, and internationally to share information and strategies for ending human trafficking. No stipend for attendee.

9. Northern California Power Agency (NCPA):

Date: Meets most months, fourth Thursday of every month Time: Usually 9:30 a.m.

Location: Rotating NCPA Cities (half in Roseville)
Contact: NCPA Phone: (916) 781-4202
Councilmember: Jain Alternate: Watanabe Staff Member: City Manager, Assistant City Manager, Chief Electric Utility Officer, Assistant Director of Electric Utility, Electric Division Manager.

10. Police Activities League (PAL):

Date: Meets second Wednesday of every month
Time: 7:00 p.m.

Location: Police Department Community Room, 601 El Camino Real, Santa Clara Councilmember: Gillmor Alternate: Watanabe Staff Members: PAL Executive Director, Chief of Police
Founded and incorporated in 1970 as a nonprofit organizat ion to provide a place where the youth of the City may enjoy educational and social benefits and athletic activities under competent supervision.

The organization is managed by a board of directors comprised of volunteers.

11. Peninsula Division of the League of California Cities:

Date: Meets four times per year. Additionally, the Peninsula Division holds a “Legislative Day” in April of each year in Sacramento
(Invitations sent out quarterly.)
Location: Alternating between San Mateo and Santa Clara Counties Contact: Seth Miller Phone: (415) 595-8629
Councilmember: Park Alternate: Jain Staff Member: City Manager
Established to encourage greater participation in the Division’s activities, thereby creating a strong and unified voice for cities in the Peninsula Division. The responsibilities of the liaison include keeping the Council informed about and engaged in the Division’s legislative activities, to provide periodic League updates at Council meetings and to attend Division and League events whenever possible.

No stipend for attendee.

12. Joint Recycled Water Policy Advisory Committee:

Date: Meets third Thursday in April and as needed
Location: Alternates annually between San Jose City Hall (even years) and the Santa Clara Valley Water District Headquarters, San Jose (odd years) Contact: Jeff Provenzano, City of San Jose
Environmental Services
Phone: (408) 277-3288
Councilmember: Hardy Alternate: Watanabe

Page 4 of 7 ends

Last Approved 1-25-22

Staff Member: Director of Water and Sewer Utilities
Established in 2010 to review and advise the Santa Clara Water District and the City of San Jose (lead agency for the San Jose/Santa Clara Water Pollution Control Plant) on all policy issues related to recycled water including operations and capital improvements.

13. Recycling and Waste Reduction Commission of Santa Clara County (RWRC):

Date: Meets the fourth Wednesday of every even numbered month except the December meeting (date to be determined due to holidays) Time: 5:30 p.m.

Location: Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, 1st Floor, San Jose 95112
Contact: Recycling and Waste Reduction Division Phone: (408) 282-3180 Councilmember: Watanabe
Staff Member: Deputy Director of Public Works
Established per requirements of the California Integrated Waste Management Act of 1989 (AB 939) and subsequent amending legislation in order to coordinate and provide input to the countywide solid waste management program. Membership appointed through the City Selection Committee of Santa Clara County Cities’ Association. No stipend for attendee.

14. San Francisco Bay Area Regional Water System Financing Authority:

Date: Meets once a year, in January
Time: Immediately prior to the BAWSCA Board Meetings at 6:30pm Location: San Mateo Main Library, Oak Room, 55 West 3rd Avenue, San Mateo, CA 94402 Contact: Nicole Sandkulla Phone: (650) 349-3000
Councilmember: Hardy
Staff Member: Director of Water and Sewer Utilities
Established February 2003 to allow the City to have a greater voice in planning and funding of improvements in the Hetch-Hetchy regional water supply system. The Regional Financing Authority is a parallel organization with the Bay Area Water Supply and Conservation Agency (BAWSCA). Same stipend for this and BAWSCA meeting attendance.

15. San Jose/Santa Clara Clean Water Financing Authority:

Date: Meets quarterly (February, if necessary), May, August, and November) on the second Thursday of the month
Time: 3:30 p.m.

Location: San Jose City Hall, 200 East Santa Clara Street, Room T-1352, San Jose
Contact: City of San Jose Finance Department Phone: (408) 535-7010

Councilmember: Watanabe, Park Alternate: Jain Staff Member: Director of Water and Sewer Utilities

16. San Jose/Santa Clara Treatment Plant Advisory Committee (TPAC):

Date: Meets second Thursday every month (third Thursday in May, due to budget; no meeting in July)
Time: 4:00 p.m. (if there are other meetings, this group would meet last) Location: San Jose City Hall, City Manager’s Office, 17th floor, Room 1734, San Jose Contact: Eva Roa, City of San Jose
Environmental Services
Phone: (408) 975-2547
Councilmembers: Watanabe, Hardy Alternate:

Gillmor

Staff Member: Director of Water and Sewer Utilities
Reviews and advises the City of San Jose City Council on all issues relating to th e operation and capital improvement of the San Jos e/Santa Clara Water Pollution Control Plant. $100 stipend for regular meeting attendance.

Page 5 of 7 ends

Last Approved 1-25-22

17. Santa Clara County Expressway Plan 2040 Policy Advisory Board (PAB):

Date: Meets as needed
Time: TBA
Contact: Ellen Talbo, County of Santa Clara,
County Transportation Planner
Phone: (408) 573-2482
Councilmember: Watanabe Alternate: Hardy Staff Member: Director of Public Works (Advisor only, does not attend meetings) The Santa Clara County Comprehensive Expressway Planning Study Policy Advisory Board (PAB) will provide a forum for policy input from elected officials for updating the Expressway Study’s Implementation Plan originally adopted in August 2003. No stipend for attendee.

18. Santa Clara/Santa Cruz Counties Airport/Community Roundtable Date: Meets on the fourth Wednesday of every other month beginning in January Time: TBD
Location: Varies
Contact: Cities Association of Santa Clara County Phone: (408) 766-9534 Andi Jordan
Executive Director
P.O. Box 1079, Los Gatos, CA 95031
Councilmember: Watanabe Alternate: Chahal
Staff Member: City Manager

On July 2018, the Council approved for the City to become a member of the Committee, which is scheduled to convene for the first time within the coming months. Participation in the Roundtable will allow the City of Santa Clara to contribute to policy solutions that mitigate aircraft noise in affected communities, as well as create partnerships with neighboring cities, counties, airports and the Federal Aviation Administration.

19. Santa Clara Sister Cities Association
Date: Meets as needed
Time: 7:00 p.m.

Location: Headen Inman House for Board Meetings
Councilmember: Watanabe Alternate: Park
Staff Member: City Manager’s Office
The Santa Clara Sister Cities Association, an independent non-profit organization, assists the City in exchange activities with Coimbra, Portugal, Izumo, Japan and Limerick, Ireland -- Santa Clara's three sister-cities. The Council appoints a representative to serve as liaison to the Association.

20. Santa Clara University Liaison/Neighborhood-University Relations Committee (NURC):

Date: Meets three times annually on Monday evenings during the academic year Time: 7:00 p.m.

Location: Mission Branch Library
Councilmember: Gillmor (Chair) Chahal, Becker Alternate: Park Staff Members: City M anager, Director of C ommunity Development, Code En forcement Technician, Chief of Police
Established in 1990 to r eview student housing i ssues (formerly Student Hou sing Committee).

Page 6 of 7 ends

Last Approved 1-25-22

FORUM w ill no longer be held (purs uant to Counci l ac tion of June 2 3, 2009). A University -City Subcommittee comprised of NURC City Co uncilmembers, University officials and City Executive Team Members will meet as needed.

21. Santa Clara Valley Transportation Authority (SCVTA):

Contact: Board Secretary, SCVTA Phone: (408) 321-5680

A. Board of Directors:

Date: Meets first Thursday of every month (except July) Time: 5:30 p.m.

Location: Board of Supervisors Chambers, 70 West Hedding Street, San Jose North East Cities Group
Position includes a ppointment to one of three sub- committees appointed by the VTA Board of Directors. Small Cities Group representation is a 2-year rotating term with two member cities and one alternate city. The Small Cities Group is comprised of the Cities of Milpitas, Sunnyvale, and Santa Clara.

Councilmember: Gillmor
Staff Member: Director of Public Works
Sets VTA policy; establishes committees to give advice on policy matters and provide in-depth review. $100 stipend for meeting attendance, per day. The VTA Administrative Code states that appointments to standing committees are approved by the VTA Board of Directors based on the recommendations of the current chairperson. At the first m eeting in January, the Board shall a pprove the members and chairpersons of all standing committees of the Board based on recommendations for these positions provided by the Board Chairperson. The term of each appointment shall be for one year.

B. Policy Advisory Committee:

Date: Meets on the second Thursday of every month
Time: 4:00 p.m.

Location: VTA Offices, 3331 North First Street, San Jose Building B, Conference Room B-106
Councilmember: Chahal Alternate: Park Ensures th at all jurisdiction s within the C ounty h ave access to development of VTA's policies. No stipend for attendee.

22. Santa Clara Valley Water Commission (SCVW):

Date: Meets quarterly in January, April, July, and October on the fourth Wednesday of the month
Time: 12:00 p.m.

Location: SCVW District Headquarters, 5700 Almaden Expressway, San Jose Contact: Glenna Brambill
Santa Clara Valley Water District
Phone: (408) 630-2408
Councilmember: Hardy Alternate: Watanabe Staff Member: Director of Water and Sewer Utilities
Established by the Santa Clara Valley Water District Board of Directors to review and advise on issues relating to water supply and water pricing. No stipend for attendee.

23. Silicon Valley Animal Control Authority (SVACA):

Date: Meets on the fourth Wednesday of every other month beginning in January Time: 8:30 a.m.

Location: SVACA Headquarters, 3370 Thomas Road, Santa Clara Contact: Heidi Springer Phone: (408) 764-0350
Councilmember: Chahal Alternate Becker
Staff Member: Police Department Patrol Lieutenant
Established in 2000 to provide ani mal control field ser vices and shelter services for the participat ing cities. The Board is comprised of four members representing the participating cit ies of Santa C lara, Campbell, Monte Sereno and Mountain View. No stipend for attendee.

24. Silicon Valley Regional Interoperability Authority (SVRIA) Board of Directors:

Page 7 of 7 ends

Last Approved 1-25-22

Date: Meets every other month - must meet annually a m inimum of two regular meetings
Time: 5:00 p.m.

Location: Santa Clara Police Department, 601 El Camino Real, Santa Clara Contact: Eric Nickel
Executive Director SVRIA
Phone: (408) 615-5571
Primary: Sunnyvale is the primary member and Santa Clara is the alternate member until June 30, 2022 (Santa Clara alternates primary member position with Sunnyvale and Milpitas).

Staff Member: Chief of Police
In 2001, several agencies in the area established the Silicon Valley Regional Interoperability Project to design an i mplementation strategy for an interoperable communications network; purchase a radio and data communicatio ns s ystem or network; int egrate this system or network with other nearby regional public safety communications systems; participate in regional i nteroperability; and t o jointly apply for grants and funding to facilitate these goals. In 2010, a Joint Powers Agreement wa s established t o i mplement and operate the SV RIA a nd other projects. The nine- member Board of Directors of the JPA consists of elected officials from different geographic regions of the County and will serve as the governing body for the agreemen t. The City of Sant a Clara is represented in the “Central County Agencies” that also includes Sunnyvale and Milpitas. No stipend for attendee.

25. Triton Museum of Art Liaison Committee:

Date: Meets generally on the third Thursday of every month Time: 4:30 p.m. – 5:30 p.m.

Location: Triton Museum Boardroom, 1505 Warburton Avenue, Santa Clara Contact: Triton Museum of Art Phone: (408)247-3754 Councilmember: Chahal Alternate: Park Staff Member: City Manager’s Office, Management Analyst The Triton Museum of Art is an independent non-profit organization. The Council appoints a representative to serve as a liaison to the Triton Museum Board. The participation of a Councilmember at the Triton Museum Board meetings will further the communication and knowledge of the City’s support. No stipend for attendee.

Page 1 of 7 ends

Last Approved 2/23/21

CITY OF SANTA CLARA
Council Appointments to Outside Agency Committees

OUTSIDE AGENCY COMMITTEES (Outside Agency responsible for preparing and posting the agendas for the meetings).

1. Association of Bay Area Governments (ABAG) (General Assembly):

Date: Meetings held once a year
Time: From approximately 9:00 a.m. to 3:00 p.m.

Location: TBD
Contact: ABAG Clerk of the Board Phone: (415) 820-7913
Councilmember: Park Alternate: Becker
Staff Member: Director of Community Development
Established in 1961 to protect loca l control, planning for the future and promoting cooperation in area- wide issues. No stipend for attendee.

2. Bay Area Water Supply and Conservation Agency (BAWSCA):

Date: Meetings held every odd numbered mont h (January, March, May, July, September, November) on the third Thursday of the month Time: 6:30 p.m.

Location: San Mateo Main Library, Oak Room, 55 West 3rd Avenue, San Mateo, CA 94402 Contact: Nicole Sandkulla Phone: (650) 349-3000
Councilmember: Hardy
Staff Member: Director of Water and Sewer Utilities
Established in February 2003 to allow the City to have a greater voice in planning and funding of improvements in the Hetch-Hetchy regional water supply system. BAWSCA term is four years (June 2018-2022) and has only one representative (no alternate). $100 stipend for meeting attendance.

3. Caltrain Modernization Local Policymaker Group (CalMod):

Date: Meets monthly on the fourth Thursday; ex cept in December, meets on the third Thursday
Time: 5:30 p.m. – 7:00 p.m.

Location: Caltrain Joint Powers Authority Board Headquarters Bacciocco Auditorium, 1250 San Carlos Avenue, San Carlos, CA 94070 Contact: Ryan McCauley Phone: (650) 508-6200
Councilmember: Becker Alternate: Chahal
Staff Member: Director of Public Works (Advisor only, does not attend meetings) Established by Caltrain Joint powers Board for Ca ltrain modernization/elec trification. Members represent cities along the Caltrain corridor. No stipend for attendee.

4. Cities Association of Santa Clara County:

Contact: Andi Jordan,
Executive Director
P.O. Box 1079, Los Gatos, CA 95031
Phone: (408) 766-9534
A. Board of Directors:

Date: Meets on the second Thursday of every month, except in July Time: 7:00 p.m.

Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Watanabe Alternate: Becker Staff Member: City Manager or Assistant City Manager
No stipend for attendee.

B. City Selection Committee:

Date: Meets on call
Time: 6:45 p.m. (Immediately before the Board of Directors meeting)

Page 2 of 7 ends

Last Approved 2/23/21

Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Jain Alternate: Park Staff Member: City Manager or Assistant City Manager
Established to promote c ooperation among the fifteen cities of Santa Clara County and to promote legislative action that will affect local control.

C. Legislative Action Committee:

5. City/Mission College Liaison Committee:

Date: Meets on call twice a year
Time: TBD
Location: Alternates between Santa Clara City Hall and Mission College Contact: Mission College President’s Secretary or
Santa Clara Mayor and Council Offices
Executive Assistant to the Mayor and Council
Phone: (408) 855-5123
(408) 615-2250
Councilmembers Gillmor (Chair), Becker, Hardy Alternate: Chahal Staff Member: City Manager, Director of Community Development, Director of Parks and Recreation
Established on-going communication and review of jo int programs with Mission College. The Mission College President and two board members participate on the Committee. No stipend for attendee.

6. City/School Liaison Committee (Santa Clara Unified School District):

Date: Meets first Wednesday every other month beginning January Time: 11:45 a.m.

7. Grand Boulevard Task Force/El Camino Real:

Date: Meets quarterly on the last Wednesday in March, June, September and December
Time: 10:00 a.m.

Location: Alternatively held at the SamTrans Audi torium in San Carlos and the Historic Adobe Building in Mountain View
Contact: Dave Pape, SamTrans Phone: (650) 508-6210
Councilmembers: Chahal Alternate: Jain
Staff Member: Director of Community Development
Member and alternate appointed by Council on February 21, 2006. First meeting was held March 2006. Joint Venture Silicon Valley Network/Peninsula Policy Partnership formed the Task Force for the purpose of looking for ways to raise the status of the El Camino Real to a world-class boulevard with special attention to the aesthetic, safety and interjurisdictional issues. No stipend for attendee.

Page 3 of 7 ends

Last Approved 2/23/21

8. Human Trafficking Commission:

Date: Meetings held once per year, generally at the end of the year (November) Time: 1:00 p.m.

Location: Board of Supervisors’ Chambers, County Government Center, 70 West Hedding Street, San Jose
Contact: County of Santa Clara - Deputy Board Clerk
Phone: (408)299-5083 or 408-299-5001
Councilmember: WatanabeBecker Alternate: Park Staff Member: Chief of Police
The Human Trafficking Commission was established on April 29, 2014 to investigate the nature and scope of human trafficking in the County, including both labor and sex trafficking; identify model victim-centered policies, services, and preventative measures to address this issue; make legislative and policy recommendations to the Santa Clara County Board of Supervisors; support the apprehension and prosecution of traffickers; and collaborate with partners regionally, nationally, and internationally to share information and strategies for ending human trafficking. No stipend for attendee.

9. Northern California Power Agency (NCPA):

Date: Meets most months, fourth Thursday of every month Time: Usually 9:30 a.m.

10. Police Activities League (PAL):

Date: Meets second Wednesday of every month
Time: 7:00 p.m.

Location: Police Department Community Room, 601 El Camino Real, Santa Clara Councilmember: Gillmor Alternate: Watanabe Staff Members: PAL Executive Director, Chief of Police
Founded and incorporated in 1970 as a nonprofit orga nization to provide a place where the youth of the City may enjoy educational and social benefits and athletic activities under competent supervision.

The organization is managed by a board of directors comprised of volunteers.

11. Peninsula Division of the League of California Cities:

No stipend for attendee.

12. Joint Recycled Water Policy Advisory Committee:

Page 4 of 7 ends

Last Approved 2/23/21

Councilmember: Hardy Alternate: Watanabe Staff Member: Director of Water and Sewer Utilities
Established in 2010 to review and advise the Santa Clara Water District and the City of San Jose (lead agency for the San Jose/Santa Clara Water Pollution Control Plant) on all policy issues related to recycled water including operations and capital improvements.

13. Recycling and Waste Reduction Commission of Santa Clara County (RWRC):

Date: Meets the fourth Wednesday of ev ery even numbered month except the December meeting (date to be determined due to holidays) Time: 5:30 p.m.

14. San Francisco Bay Area Regional Water System Financing Authority:

15. San Jose/Santa Clara Clean Water Financing Authority:

Date: Meets quarterly (February, if necessary ), May, August, and November) on the second Thursday of the month
Time: 3:30 p.m.

Location: San Jose City Hall, 200 East Santa Clara Street, Room T-1352, San Jose
Contact: City of San Jose Finance Department Phone: (408) 535-7010

Councilmember: Watanabe, Park Alternate: Jain Staff Member: Director of Water and Sewer Utilities

16. San Jose/Santa Clara Treatment Plant Advisory Committee (TPAC):

Gillmor

Staff Member: Director of Water and Sewer Utilities
Reviews and advises the City of San Jose City Council on all iss ues relating to the operation and capital improvement of the S an Jose/Santa Clara Water Pollution Control Plant. $100 stipend for regular meeting attendance.

Page 5 of 7 ends

Last Approved 2/23/21

17. Santa Clara County Emergency Operational Area Council (EOAC):

Date: Meets quarterly (February, May, August, No vember) on the fourth Thursday of the month
Time: 1:30 p.m.

Location: Sheriff’s Auditorium, 55 Younger Avenue, San Jose Contact: Ivan Williams and Michelle Sandoval
Office of Emergency Services
Phone: (408) 808-7800
Councilmember: Chahal
(Alternates Chair position with Sunnyvale and Milpitas- Cities Association appointment)
Staff Member: Fire Chief, Emergency Services Coordinator The Emergency Preparedness Council is the advisory body of the Santa Clara County Operational Area in matters affecting disaster preparedness throughout the Operational Area. No stipend for attendee. This committee member is appointed by Cities Association for a 3-year term.

178. Santa Clara County Expressway Plan 2040 Policy Advisory Board (PAB):

189. Santa Clara/Santa Cruz Counties Airport/Community Roundtable Date: Meets on the fourth Wednesday of every other month beginning in January Time: TBD
Location: Varies
Contact: Cities Association of Santa Clara County Phone: (408) 766-9534 Andi Jordan
Executive Director
P.O. Box 1079, Los Gatos, CA 95031
Councilmember: Watanabe Alternate: Chahal
Staff Member: City Manager

192

0. Santa Clara Sister Cities Association
Date: Meets as needed
Time: 7:00 p.m.

Page 6 of 7 ends

Last Approved 2/23/21

exchange activities with Coimbra, Portugal, Izumo, Japan and Limerick, Ireland -- Santa Clara's three sister-cities. The Council appoints a representative to serve as liaison to the Association.

201. Santa Clara University Liaison/Neighborhood-University Relations Committee (NURC):

Date: Meets three times annually on Monday evenings during the academic year Time: 7:00 p.m.

Location: Mission Branch Library
Councilmember: Gillmor (Chair) Chahal, Becker Alternate: Park Staff Members: City Manager, Director of Communi ty Development, Code Enforcement Technician, Chief of Police
Established in 1990 to review student housing issues (formerl y Student Housing Committee).

Established a forum for on-going communication and problem solving among City officials, neighborhoods, property owners and Santa Clara Un iversity officials and students. Santa Clara University/City Liaison Committee and NURC were comb ined because of the sim ilar topics that the two committees cover. Three NURC meetings will be held per year (October/November, February and April) for neighborhood iss ues, and the STAFF TASK FORCE and the CITY-NEIGHBORHOOD FORUM will no longer be held (pursuant to Counc il action of June 23, 2009). A University-City Subcommittee comprised of NURC Ci ty Councilmembers, University officials and City Executive Team Members will meet as needed.

212. Santa Clara Valley Transportation Authority (SCVTA):

Contact: Board Secretary, SCVTA Phone: (408) 321-5680

A. Board of Directors:

Date: Meets first Thursday of every month (except July) Time: 5:30 p.m.

Location: Board of Supervisors Chambers, 70 West Hedding Street, San Jose North East Cities Group
Position includes appointment to one of three sub-committees appointed by the VTA Board of Directors. Small Cities Group representation is a 2-year rotating term with two member cities and one alternate city. The Small Cities Group is comprised of the Cities of Milp itas, Sunnyvale, and Santa Clara.

Councilmember: Gillmor
Staff Member: Director of Public Works
Sets VTA policy; establishes committees to give advice on policy matters and provide in-depth review. $100 stipend for meeting attendance, per day. The VTA Administrative Code states that appointments to standing committees are approved by the VTA Board of Directors based on the recommendations of the current chairperson. At the first meeting in January, the Board sha ll approve the members and chairpersons of all standing committe es of the Board based on reco mmendations for these positions provided by the Board Chairperson. The term of each appointment shall be for one year.

B. Policy Advisory Committee:

Date: Meets on the second Thursday of every month
Time: 4:00 p.m.

Location: VTA Offices, 3331 North First Street, San Jose Building B, Conference Room B-106
Councilmember: Chahal Alternate: Park Ensures that all jurisdictions wi thin the County have access to development of VTA's policies. No stipend for attendee.

223. Santa Clara Valley Water Commission (SCVW):

Date: Meets quarterly in January, April, July , and October on the fourth Wednesday of the month
I _-
I _-
I _-

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Last Approved 2/23/21

Time: 12:00 p.m.

234. Silicon Valley Animal Control Authority (SVACA):

Date: Meets on the fourth Wednesday of every other month beginning in January Time: 8:30 a.m.

Location: SVACA Headquarters, 3370 Thomas Road, Santa Clara Contact: Heidi Springer Phone: (408) 764-0350
Councilmember: Chahal Alternate Becker
Staff Member: Police Department Patrol Lieutenant
Established in 2000 to provide animal control field services and shelter services for the participating cities. The Board is comprised of four members r epresenting the participating cities of Santa Clara, Campbell, Monte Sereno and Mountain View. No stipend for attendee.

245. Silicon Valley Regional Interoperability Authority (SVRIA) Board of Directors:

Date: Meets every other month - must meet annually a minimum of two regular meetings
Time: 5:00 p.m.

Location: Santa Clara Police Department, 601 El Camino Real, Santa Clara Contact: Eric NickelDenise Sellers
Executive Director SVRIA
Phone: (408) 615-5571
Primary: Sunnyvale is the primary member and S anta Clara is the alternate member until June 30, 2022 (Santa Clara alternates prim ary member position with Sunnyvale and Milpitas).

Staff Member: Chief of Police
In 2001, several agencies in the area established the Silicon Valley Regional Interoperability Project to design an implementation st rategy for an interoperable communi cations network; purchase a radio and data communications system or network; integrat e this system or network with other nearby regional public safety communications systems; participate in regional interoperability; and to jointly apply for grants and funding to fac ilitate these goals. In 2010, a Joint Powers Agreement was established to implement and oper ate the SVRIA and other projects . The nine-member Board of Directors of the JPA consists of elected officials from different geographic regions of the County and will serve as the governing body for the agreement. T he City of Santa Clara is represented in the “Central County Agencies” that also includes Sunnyvale and Milpitas. No stipend for attendee.

256. Triton Museum of Art Liaison Committee:

Date: Meets generally on the third Thursday of every month Time: 4:30 p.m. – 5:30 p.m.

I _-
I _-
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1700 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution to Modify Parking Regulations on El Camino Real

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On September 24, 2019, the City Council approved the Santa Clara Bicycle Plan Update 2018 (Bicycle Plan). The Bicycle Plan established a long-term vision for improving bicycling as an active transportation option in Santa Clara. In addition to establishing a foundational vision, goals, objectives, and policies to aid in the expansion of the City’s existing bicycle network, the Bicycle Plan included a prioritized list of projects based on six evaluation criteria (safety/collision reduction, connectivity, gap closure, comfort, community identified need, and feasibility). The project that ranked number one is the implementation of a Class IV separated bikeway along El Camino Real.

Currently, there are no bicycle facilities on El Camino Real. Further study of this corridor for the implementation of bicycle facilities has been included in the planning process for the El Camino Real Specific Plan (Specific Plan).

Following a two plus-year community engagement process, the City developed a draft Specific Plan to implement the City’s General Plan goals and policies for the El Camino Real corridor. As a part of the process, roadway configuration alternatives were developed to improve the El Camino Real right- of-way for pedestrians, bicyclists, and transit riders. The draft Specific Plan included interim and final recommended roadway configuration alternatives. The interim roadway configuration (Attachment 1) removes parking to accommodate a Class IV Separated Bikeway where separation protection can be provided by low-cost traffic delineators (i.e. bollards). The final roadway configuration (Attachment 2) also includes the removal of parking to accommodate a Class IV Separated Bikeway but also includes a hardscape median separation (i.e. concrete island) for the bikeway, wider sidewalks, and new bus-boarding islands. While the interim roadway configuration can be accomplished with the removal of parking on El Camino Real, the final configuration also requires redevelopment of adjacent properties. To accommodate new bicycle facilities on El Camino Real, on-street parking is required to be removed for both the interim and final roadway configurations.

Staff has taken the Specific Plan forward for Council approval on multiple occasions beginning on June 15, 2021 and the last item was taken to Council on November 9, 2021. The Specific Plan which included a draft resolution to allow the removal of on-street parking on El Camino Real has yet to be approved. Although the City Council has not approved these items there seems to be an interest in considering the recommended roadway configuration alternative to accommodate a Class IV separated bikeway.

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22-1700 Agenda Date: 1/25/2022

DISCUSSION
Although the Specific Plan has not been approved there is an opportunity to consider the installation of bicycle facilities on El Camino Real ahead of its approval. There has been a significant amount of outreach on this effort that has included multiple community meetings to discuss the Specific Plan including parking removal on El Camino Real to accommodate bicycle lanes. Adding bicycle lanes on El Camino Real has received some community support including that of the Bicycle and Pedestrian Advisory Committee and Silicon Valley Bicycle Coalition. Staff has reviewed the options for installing an interim bicycle lanes project on El Camino Real and there are possibilities however, parking removal is required. Staff would like to leverage the outreach completed to date for the Specific Plan and move forward with Council approval on removing parking along on El Camino Real so if approved, a bicycle lane project can move forward.

A parking analysis completed along the corridor determined that 31 percent of on-street parking spaces along El Camino Real are utilized, providing an opportunity to remove on-street parking to accommodate bicycle lanes. While most of El Camino Real has unused on-street parking capacity, certain properties along the corridor rely on street parking as their on-site parking is nonexistent or very limited. Those properties include the three properties on the northeast corner of El Camino Real and Main Street, Diver Dan’s on the north side of El Camino Real east of Los Padres Boulevard, and Grand Prix Powersports on the south side of El Camino Real east of San Tomas Expressway.

Based on community input and the results of the parking analysis, staff recommends that the City Council adopt a resolution (Attachment 3) to remove on-street parking on El Camino Real between Halford Avenue and Alviso Street except at the locations stated above that lack sufficient on-site parking. Staff will develop alternatives to address the remaining bikeway gaps which may include detours and possible Class III shared lane markings. The current budget does not include this project, so it is recommended that Council consider this project among the list of other proposed projects during the upcoming Biennial Capital Improvement Program budget prioritization process. As the project is not currently funded, the draft resolution includes a provision that only removes parking upon the City funding a project to construct bicycle facilities along the El Camino Real corridor.

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.

FISCAL IMPACT
The cost of the design and construction of an interim Class IV Separated Bikeway is currently not budgeted. Appropriations are needed and staff is proposing that funding be considered as part of the Biennial 2022/23 and 2023/24 Capital Improvement Program budget process where prioritization can be assessed with other unfunded needs. Staff is proposing to fund the project using Streets and Highways Capital funds earmarked for bicycle and pedestrian improvements.

If funds are allocated to the project as part of the Biennial 2022/23 and 2023/24 Capital Improvement Program budget process, staff anticipates consultant selection would begin by Spring 2023.

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22-1700 Agenda Date: 1/25/2022

COORDINATION
This report has been coordinated with the City Attorney’s Office and the Community Development Department.

RECOMMENDATION
Adopt a resolution to modify certain parking regulations on El Camino Real.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Interim Roadway Configuration

2. Final Roadway Configuration

3. Resolution
City of Santa Clara Printed on 1/20/2022Page 3 of 3
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156 | El Camino Real Speciﬁc Plan
Figure 5-9. Proposed El Camino Real Re-Design Concept (INTERIM ROW Concept Street Section) Figure 5-8. Typical Existing Street Section for El Camino Real INTERIM ROW Concept
The interim ROW concept provides a less expensive and shorter-term solution by removing on-street parking to accommodate a protected bikeway via a median or temporary physical barrier (e.g. bollards). In the interim, bus boarding will continue to occur from the sidewalk.

CONCEPTUAL - NOT FOR CONSTRUCTION

DETAILED ANALYSIS AND ENGINEERING DESIGN REQUIRED
Attachment 1 - Interim Roadway Configuration
• ►
Existing Sidewalk Existing Sidewalk
+-----1-------------•-------++--------~--►'<---------------->-'+-------• ~---------------+'<------->'

8.2'

8.2'
Behind F/C

7.3'
Gutter &
Bikeway

21.3'
14'
11' 11'
11' 11'
5' 12' 11' 11' 21.3'
◄ Median when no Left-Turn ►
7-- 1-0-. --1 •-2•~1--1-1 ·-----1 -,. --►----11-· --r 3• 7.3~ 1 Median and Striping Physical Gutter &
Barrier Bikeway
(median/bollards)
120'

8.7'

8.2'
Behind F/C
bl=`~minç=oe~l=ppecific=ml~n=| 157
CHAPTER 5: Transportation and Public Spaces
Figure 5-9. Proposed El Camino Real Re-Design Concept (FINAL ROW Concept Street Section) qhe final olt concept includes removing on-street parking to accommodate a protected bikeway via a permanent physical barrier Ee.g. medianF and adding bus boarding �� FINAL ROW Concept

CONCEPTUAL - NOT FOR CONSTRUCTION

DETAILED ANALYSIS AND ENGINEERING DESIGN REQUIRED
Attachment 2 - Final Roadway Configuration

15.2'
Behind F/C
12'
Dedication

7.3'
Gutter &
Bikeway
8'
Bus Boarding
Island
11'
• • • •
11' 11 ' 5' 10' 11' 11'
Median and Striping
120'
11' 3' 7.3'
Median Gutter &
Bikeway

20.2'
Behind F/C
12'
Dedication

Resolution Modifying Parking Regulations on a “No Stopping Anytime” zone along El Camino Real between Halford Avenue and Alviso Street Page 1 of 2
Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

MODIFYING PARKING REGULATIONS ON EL CAMINO REAL

BETWEEN HALFORD AVENUE AND ALVISO STREET

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara Bicycle Plan Update 2018 was approved and adopted by the Council on September 24, 2019 under Resolution No. 19-8761; WHEREAS, a Class IV Separated Bikeway on El Camino Real was the top ranked priority project within the adopted Bicycle Plan Update 2018;
WHEREAS, the draft El Camino Real Specific Plan supports the removal of on-street parking to accommodate a Class IV Separated Bikeway;
WHEREAS, the City established certain parking regulations on El Camino Real between Halford Avenue and Alviso Street;
WHEREAS, Public Works staff determined that a modification to the existing parking regulations is necessary to accommodate the proposed Class IV Separated Bikeway; WHEREAS, the City intends to establish new parking regulations on El Camino Real between Halford Avenue and Alviso Street based on City Public Works staff findings; WHEREAS, there are five specific properties along El Camino Rea l, listed in more detail below, that currently have limited or no on-site parking (the “Limited Parking Properties”); and, WHEREAS, on-street parking shall remain along the property frontages of the Limited Parking Properties until such time as those properties redevelop or an alternative parking arrangement is provided.

NOW THEREFORE , BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That there is hereby established a “No Stopping Anytime” zone along the north side of El Camino Real between Halford Avenue and Alviso Street, except as provided in Section 3 below.

Resolution Modifying Parking Regulations on a “No Stopping Anytime” zone along El Camino Real between Halford Avenue and Alviso Street Page 2 of 2
Rev: 11/22/17

2. That there is hereby established a “No Stopping Anytime” zone along the south side of El Camino Real between Halford Avenue and Alviso Street, except as provided in Section 3 below.

3. Notwithstanding Sections 1 and 2, on -street parking shall remain along the frontages of the following five properties until such time as those properties redevelop or an alternative parking arrangement is provided: APN’s 224 -28-068; 224-28-037; 224-28-036; 224-15- 022; and 290-08-137.

4. That the City Manager, or designee, is authorized to modify parking regulations on El Camino Real between Halford Avenue and Alviso Street as needed to improving parking conditions for adjacent land uses.

5. Effective date. This resolution shall become effective immediately upon the approval of a capital project to design and construct a Class IV separated bikeway on El Camino Real between Halford Avenue and Alviso Street.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

None

S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1753 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action to Approve a Housing Division Write-Off Policy and Reconcile the City’s Neighborhood Conservation & Improvement Program (NCIP) Loan Portfolio

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City of Santa Clara’s NCIP program offers technical and financial assistance to low-income residents for the repair and rehabilitation of owner-occupied single-family homes. The program offers grants for accessibility improvements, emergency situations/urgent repair needs, and low interest deferred loans for more significant projects. NCIP offers affordable interest rates and deferred payments to low-income homeowners that ensure affordability of homeowner rehabilitation.

The NCIP is a partnership between the City of Santa Clara and individual homeowners. The goals of the partnership are to identify rehabilitation needs, select a contractor and design team, and to provide financial and technical assistance in managing the construction process.

Since 1976 the City has assisted more than 1,650 homeowners to rehabilitate their homes, address health and safety issues and ensure compliance with the current Building Code through the NCIP.

While budget reconciliation and overall portfolio management processes of the program have occasionally been updated and modified, it has been over 25 years since the NCIP portfolio of old loans have been thoroughly evaluated regarding loan balancing and compliance with current policies and procedures. The addition of specialized staff in recent years has allowed staff to engage and complete this assessment and it was found that there were multiple opportunities to increase efficiency or adopt best practices to provide better risk management and monitoring of the program portfolio. Over a four-year period, these efforts included the review and reconciliation of over 250 program loan files, review of the NCIP Procedure Manual and the creation of a Housing Division Write-Off Policy.

DISCUSSION
The purpose of the Housing Division Write-Off Policy is to establish standard guidelines for City staff for the internal control, collection, and write-off of accounts receivable related to Housing and Community Services Division Programs and specifically the NCIP program. It is the policy of the City of Santa Clara (City) to actively pursue collection of past-due accounts receivable, regularly review the status of past-due accounts, and write-off amounts determined to be uncollectible. A write-off of uncollectible accounts receivable from the City’s accounting records does not constitute forgiveness of the debt or gift of public funds. All accounts referred for write-off are reviewed and approved by the department prior to submission to the Director of Finance for final write-off approval.

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As per the proposed Housing Division Write-Off Policy, at least annually, the Department will identify any accounts receivable for which it is responsible that meet the criteria for designation as an uncollectible account. A request for write-off of accounts receivable will be prepared by department staff and submitted to the Director of Finance. The request for write-off of accounts receivable must include an itemized list of the uncollectible accounts to be written off. Upon receipt of a request for write-off of accounts receivable by the Director of Finance, Finance Department staff will review the request to ensure that it is complete and that all necessary due diligence documentation has been attached. Once the Finance Department staff has completed its review of a request, the write-off and any necessary budget amendment will be presented to the City Council for approval.

The Housing Division worked closely with the Finance Department as part of its loan reconciliation initiative and the City Attorney’s Office provided guidance in the determination of criteria and creation of the Write-Off Policy. Other programmatic changes have included an updated Procedure Manual, updated loan and program document templates, implementation of annual self-certifications of all loan borrowers, implementation of new loan monitoring software, and the creation of a standardized Housing Write-off Policy.

The City’s current NCIP loan portfolio includes 82 loans, totaling $3.5 million. Considering that it has been over 25 years since the NCIP portfolio of old loans have been thoroughly evaluated and reconciled, an accumulated number of loans and loan balances have become uncollectible for a variety of reasons. In total, staff have identified 11 of the over 250 program loan files (less than 5%) with a total balance of $115,884.79 as uncollectible debt that meets one or more of the following criteria:
· The debt is disputed and/or the City has insufficient documentation to pursue collection efforts; · The debtor cannot be located, nor any of the debtor’s assets; and/or · The debtor is deceased and there is no known estate or guarantor.

Approval of the Housing Division Write-Off Policy and the reconciliation of the City’s Neighborhood Conservation & Improvement Program (NCIP) Loan Portfolio will help the City more accurately account for its NCIP loan portfolio and also provide framework to ensure annual processes and procedures for portfolio management.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The City’s NCIP loan program does not require regular scheduled loan repayments. Borrowers are required to pay off loans in full if a title transfer takes place. Loan terms are 3% simple interest per annum. Due to the unpredictability of loan repayments, loan repayment revenue has been estimated based on historical averages and therefore the loan write-offs would not affect current or past revenue estimates and fund balances, so a budget amendment is not required. The amount of $115,884.79 is only roughly 3% of the total outstanding portfolio and would not hinder the program’s City of Santa Clara Printed on 1/20/2022Page 2 of 3
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22-1753 Agenda Date: 1/25/2022
ability to provide assistance in future years.

Funding from the NCIP loan program is derived from the Housing and Urban Development Department (HUD) Community Development Block Grant and HOME Investment Partnership Grant and has no impact to the City’s General Fund. HUD allows each participating jurisdiction to develop and implement its own policy regarding loan write-offs.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

RECOMMENDATION
Approve the Housing Division Write-Off Policy and the reconciliation of the City’s Neighborhood Conservation & Improvement Program (NCIP) Loan Portfolio with a recommended write-off in the amount of $115,884.79.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Housing Division Write-Off Policy
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Community Development, Housing & Community Services
Division: Housing Loans Receivable Collection and Write-Off Policy

PURPOSE

To establish standard guidelines for City staff for the internal control, collection and write -off of housing loans receivable related to Housing and Community Services Division Programs. To ensure that the housing loans receivable are collected fairly, equitably, and timely.

SCOPE

This policy applies to all City employees who are responsible for recording and collecting housing loans receivable for the Housing and Community Services Division Programs.

POLICY

It is the policy of the City of Santa Clara (City) to actively pursue collection of past -due housing loans receivable, regularly review the status of past -due accounts, and write -off amount determined to be uncollectible. A write-off of uncollectible housing loans receivable from the City’s accounting records does not constitute forgiveness of the debt or gift of public funds.

PROCEDURES

The Housing & Community Services Divisio n is responsible for establishing the collection procedures for its programs. Efforts should be made to pursue the timely collection of delinquent accounts. Collections should be recorded in the Finance Department’s accounts receivable system and deposited timely and accurate ly. Housing loans receivable should generally be written-off during the fiscal year in which an account is determined to be uncollectible. Subsequent collection of an account previously written-off will be treated as new revenue in the appropriate fund.

All accounts referred for write-off should be reviewed and approved by the department head prior to submission to the Director of Finance or for final write-off approval.

Internal Controls

All aspects of revenue recording and housing loans receivable monitoring shall be subject to proper internal controls established by the Finance Department’s staff. Departmental internal control procedures should be approved by the department head and sent to the Finance Director or designee for review and approval.

Housing Loans Receivable Collection

1. All housing loans receivable should be recorded in a manner to permit an analysis of the aging of such receivables (e.g., <30 days, 30-60 days, etc.).

2. The Finance Department will review accounts, by Department, periodically for collection rates and performance.

3. For those accounts that become past due, the initiating Department should ensure that proper delinquent notice is provided to the customer and continued service is restricted, unless continuation of service is required by law or resolution, until such accounts are current.

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Community Development, Housing & Community Services
Division: Housing Loans Receivable Collection and Write-Off Policy

4. Receivables aged over one hundred and eighty (180) days may be sent to the City’s outside collection agency with management approval, unless they are subject to legal action, lien, or determined by management that they should be sent at an earlier time to improve collection efforts.

5. Delinquent accounts subject to legal remedies should be brought to Small Claims Court, or referred to the City Attorney’s Office or the City’s outside collection agency, with management approval.

6. Delinquent accounts where real property may be liened for non-payment should be included in lien cycles established by the Department in coordination with the Finance Department, with management approval.

Designation of an Account as Uncollectible

An account will be considered uncollectible after the appropriate collection procedures have been followed if it meets one or more of the following criteria:

 The debt is disputed and the City has insufficient documentation to pursue collection efforts;
 The cost of further collection efforts will exceed the estimated recovery amount;  The account remains unpaid after the lesser of four years or the applicable period for commencement of a recovery action (statute of limitations);  The debtor cannot be located, nor any of the debtor’s assets;  The debtor has no assets and there is no expectation they will have any in the future;  The debtor is deceased and there is no known estate or guarantor;  The debtor is a company which is no longer in business;  The debt is discharged through legal action (bankruptcy or court judgment);  The debt has been forgiven by action of the City Council.

Preparation of Request for Write-Off of Housing Loans Receivable

At least annually, the Department will identify any housing loans receivable for which it is responsible that meet the criteria for designation as an uncollectible account. A request for write-off of housing loans receivable will be prepared by department staff, signed by the department head, and submitted to the Director of Finance. The request for write-off of housing loans receivable must include an itemized list of the uncollectible accounts to be written off specifying the following:

 Debtor name;
 Account balance;
 Due date;
 Brief description of receivable type;
 Criteria under which the account was deemed uncollectible; and  Account number of the receivable in the City's accounting system.

For each uncollectible account, documentation must be attached to the request to support the

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Community Development, Housing & Community Services
Division: Housing Loans Receivable Collection and Write-Off Policy

uncollectible account designation and substantiate that the Department has followed its collection procedures and exercised due diligence in its collection efforts. Due diligence documentation could include:

 Invoices, reminder letters, or collection letters (and any documentation that are returned as undeliverable, no known forwarding address, etc.);  Information from the California Division of Corporations;  Referral to the City's collection agency;
 Bankruptcy claim and any related plan or discharge;
 Judgment awarded by a court or settlement agreement; and  Notice of discontinuation of services.

Approval Authority for Write-Off Requests

Upon receipt of a request for write -off of housing loans receivable by the requesting department, Finance Department staff will review the request to ensure that it is complete and that all necessary due diligence documentation has been attached. Once Finance Department staff has completed its review of a request, the qualified accounts to be written-off will be presented to the City Council for approval by the department requesting the write-off.

AUTHORITIES

Santa Clara City Charter Section 904

The functions of the Finance Department and the powers and duties of the Director of Finance shall be, except as otherwise provided in Article XII of the Charter, to receive or collect all monies or revenues due the City.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-06 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Approval of a Two-Year Subscription Agreement with Thomson Reuters for Westlaw Online Legal Research Services, and Authorization to Execute Future Subscription Agreements Subject to the Appropriation of Funds

COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure

BACKGROUND
The City Attorney’s Office (CAO) requires access to an online legal research service to provide one stop access to research case law, state and federal statues, administrative codes, newspaper and magazine articles, public records, law journals, law reviews, treatises, legal forms and other information resources. This service is required on an on-going basis and historically the City has used Westlaw. Access to a legal research database, and ongoing access to the Westlaw database that the CAO has used at least since 2004 (and within which CAO staff has saved past legal research) is critical for the work of the office.

The City’s current Westlaw subscription expired in December 2021, and CAO is currently accessing Westlaw under a “bridge” term of two months. Through the subscription renewal process, it was discovered that the total amount spent on the Westlaw product over the past 17 years exceeded $350,000 and it does not appear that Council has previously approved the subscription.

DISCUSSION
The Westlaw database provides CAO with access to necessary county, state and federal legal materials such as statutes, regulations, caselaw, treatises and public records. Thomson Reuters also provides staff training on using various tools provided within the suite of legal materials.

Access to the Westlaw online legal research database can only be procured through Thomson Reuters, the company that owns the Westlaw product. Thus, the recommendation is consistent with City Code Section 2.105.100(h) “Idle Act” where a formal bidding process would not be useful or produce any advantage for the City, and 2.105.160(b)(2)(3) “single source procurement” in that it is required for use of an existing structure or program currently in use in the CAO and it is only available from one source.

The term of the current Westlaw subscription ends in December 2021. Westlaw has submitted a price quote for a two-year subscription of $1,938.31 per month, or $46,519.44 over the two-year term. As mentioned above, this service has been used by the Attorney’s office for several years, and its continued use is anticipated for the foreseeable future. Although the annual spend for this product and associated service is relatively low, the cumulative value of past plus anticipated future payments City of Santa Clara Printed on 1/20/2022Page 1 of 2
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22-06 Agenda Date: 1/25/2022
will exceed the existing threshold of $100,000 which is the maximum contract amount that is delegated to staff under the Purchasing Code.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The total contract value for the subscription and associated service is $46,519.44 over the next two years. Sufficient funding exists in the FY 2021/22 Adopted Budget to cover this expense.

Appropriations needed in future years will be requested as part of the regular biennial budget process.

COORDINATION
This report has been coordinated with Finance Department.

RECOMMENDATION
Authorize the City Manager to:

1. Execute the required paperwork for a two-year subscription for Westlaw on-line legal research and associated services with maximum compensation not to exceed $46,519.44 for the two-year term;

2. Authorize the City Manager to renew or enter into new subscription agreements for Westlaw on- line legal research services after the initial two-year term, as determined necessary by the City Attorney and subject to the appropriation of funds; and

3. Authorize the City Manager to purchase optional Westlaw add-on services, on an as-required basis and subject to the appropriation of funds.

Reviewed by: Sujata Reuter, Chief Assistant City Attorney Approved by: Deanna J. Santana, City Manager

ATTACHMENT

1. Order Form for Two-Year Subscription Agreement with Thomson Reuters City of Santa Clara Printed on 1/20/2022Page 2 of 2
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Order Form Order ID: Q-01855777
Contact your representative [email protected] with any questions. Thank you.

Sold To Account Address Shipping Address Billing Address Account #: 1000801374

SANTA CLARA CITY ATTORNEY

CITY HALL
1500 WARBURTON AVE
SANTA CLARA CA 95050-3713 US
“Customer”
Account #: 1000801374

SANTA CLARA CITY ATTORNEY

CITY HALL
1500 WARBURTON AVE
SANTA CLARA CA 95050-3713 US
Account #: 1000801374

SANTA CLARA CITY ATTORNEY

CITY HALL
1500 WARBURTON AVE
SANTA CLARA, CA 95050-3713
US
This Order Form is a legal document between Customer and A. West Publishing Corporation to the extent that products or services will be provided by West Publishing Corporation, and/or B. Thomson Reuters Enterprise Centre GmbH to the extent that products or services will be provided by Thomson Reuters Enterprise Centre GmbH.

A detailed list of products and services that are provided by Thomson Reuters Enterprise Centre GmbH and current applicable IRS Certification forms are available at: https://www.tr.com/trorderinginfo West Publishing Corporation may also act as an agent on behalf of Thomson Reuters Enterprise Centre GmbH solely with respect to billing and collecting payment from Customer. Thomson Reuters Enterprise Centre GmbH and West Publishing Corporation will be referred to as “Thomson Reuters”, “we” or “our,” in each case with respect to the products and services it is providing, and Customer will be referred to as “you”, or “your ” or “Client”.

Thomson Reuters General Terms and Conditions apply to all products ordered, except print and is located at http://tr.com/TermsandConditions.

In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of thi s Order Form control.

This Order Form is subject to our approval.

Thomson Reuters General Terms and Conditions for Federal Subscribers is located at https://static.legalsolutions.thomsonreuters.com/static/Federal-ThomsonReuters-General-Terms-Conditions.pdf In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control. This Order Form is subject to our approval.

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(Months)
40757482 West Proflex $1,931.38 24
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Bridge Term
(Months)
40757482 West Proflex 1 Each $1,822.06 2
Bridge Terms
Bridge Monthly Charges begin on the date we process your order and will be prorated for the number of days remaining in the calendar month, if any. The Bridge Monthly charges will continue for the number of complete calendar months listed in the Bridge Term column above. At the end of the Bridge Term, your Monthly Charges and the Minimum Term will be as described in the Product grid above. All other terms and conditions of the Order Form remain unchanged.

Minimum Terms
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Acknowledgement: Order ID: Q-01855777

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This Order Form will expire and will not be accepted after 1/17/2022.

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Attachment Order ID: Q-01855777
Contact your representative p au l.vandenberg@tho msonr euter s.co m with any questions.

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I I I I I I I
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1721 Agenda Date: 1/25/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of October 2021

BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that they are in compliance with the goods or services provided.

The Bills and Claims listing represents the cash disbursements required of normal and usual operations during the period. Budget control is set by the Stadium Authority Board through the budget adoption process.

DISCUSSION
On April 30, 2019 the Stadium Authority Board directed staff to stop payment of any Stadium Authority invoices for services unless there is substantial documentation of services rendered, which must also be in compliance with State law and City Code. Since April 30, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.

At the March 23, 2021 Stadium Authority Board meeting, the Executive Director was delegated authority to approve budget amendments of $4.2 million to move funds from the Legal Contingency line item to Shared Expenses after the review of adequate documentations for costs based on Board direction. Subsequent to that direction, Stadium Authority staff met at Levi’s Stadium on March 30, 2021 to review documentation for shared expenses. After follow-up meetings with the Stadium Manager, payments related to compensation that were reviewed and approved for monthly payment, totaling $4.2 million for the fiscal year.

In addition, at the March 23, 2021 Stadium Authority Board meeting, the Board approved staff recommendations to direct the Stadium Manager to provide a procurement plan/schedule that demonstrates the ability to manage the Stadium with the proper standard of care and that addresses the highest priority projects while balancing the potential need for City resources. Subsequent to that direction, the Stadium Manager has submitted requests to the Board for approval; to be awarded purchase order(s) related to capital projects.

On December 1, 2020, the Stadium Manager wrote a letter to the Stadium Authority to inform that $1.6 million would be drawn from the Revolving Loan to reimburse the Stadium Manager for the $2.7 City of Santa Clara Printed on 1/20/2022Page 1 of 3
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22-1721 Agenda Date: 1/25/2022
million net Non-NFL loss for Fiscal Year 2019/20. The difference of $1.1 million are costs due to the City of Santa Clara for Public Safety costs for the Non-NFL events. On September 28, 2021, the Stadium Authority Board approved the recommendation to authorize the Executive Director to transfer $1,139,477 from the Stadium Authority to the City of Santa Clara for unpaid FY2019/20 Public Safety invoices related to Non-NFL Events to maintain compliance with Measure J.

Significant expenses in October 2021 include:
· Payments totaling $1,364,541.93 to the City of Santa Clara for the following:
o $131,802.44 for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) o $93,263.45 for the Senior and Youth Fees collected ($0.35 per ticket) for four National Football League (NFL) games.
o $1,139,476.04 for FY 2019/20 Non-NFL Event Public Safety Costs Reimbursement · Payment totaling $5,753,456.04 to Stadium Funding Trust for Term A Loan Interest payment. · Payments totaling $817,608.21 to Forty Niners Stadium Management Co, LLC for the following:
o $105,000.00 for November 2021 Stadium Manager Expenses - Insurance o $180,000.00 for November 2021 Stadium Manager Expenses - SBL Sales & Services o $8,300.00 for November 2021 Stadium Manager Expenses - Compensation for Grounds
o $21,455.00 for November 2021 Stadium Manager Expenses - Compensation for Guest Services
o $33,495.00 for November 2021 Stadium Manager Expenses - Compensation for Security
o $136,515.00 for November 2021 Stadium Manager Expenses - Compensation for Engineering
o $136,978.00 for November 2021 Stadium Manager Expenses - Compensation for Stadium Ops
o $51,902.00 for November 2021 Stadium Manager Expenses - Compensation for Procurement
o $338.21 for November 2021 Stadium Manager Expenses - StadCo Tenant Improvements
o $44,122.00 for November 2021 Stadium Manager Expenses - Naming Rights Expense o $99,503.00 for CapEx Reimbursement for CapEx Project - X-Ray Scanners) · Payment totaling $208,300.47 to LRG Technologies, Inc for CapEx Project - CCTV Pop Up Trailers
· Payment totaling $1,908.42 to J.S. Held LLC for April - June 2021 Audit Services · Payment totaling $11,000.00 for October 2021 Legal Services Certain information such as names of law firms have been redacted from the Bills and Claims report.

The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, the names of law firms retained by the Stadium Authority have been redacted from the public report to maintain confidentiality of billing records for legal services.

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22-1721 Agenda Date: 1/25/2022

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
There is a $8,158,233.58 fiscal impact to the Stadium Authority.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.

RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for October 2021.

Reviewed by: Kenn Lee, Treasurer
Approved by: Deanna J. Santana, Executive Director

ATTACHMENTS

1. October 2021 SCSA Bills and Claims
City of Santa Clara Printed on 1/20/2022Page 3 of 3
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Payment Date Vendor Invoice No. D escription Fund Amount 10/15/2021 Bank of America N/A September 2021 bank fees acct 0444 Operating 1,175.09 10/15/2021 Bank of America N/A September 2021 bank fees acct 0425 Operating 178.26 10/15/2021 Bank of America N/A September 2021 bank fees acct 6280 Operating 65.16 Bank of America Subtotal 1,418.51
10/4/2021 City of Santa Clara N/A B2118 SCSA Admin Payroll Costs Operating 76,798.17 10/13/2021 City of Santa Clara N/A B2119 SCSA Admin Payroll Costs Operating 55,004.27 10/13/2021 City of Santa Clara N/A Senior/Youth Fee NFL Game 1 Operating 22,110.20 10/22/2021 City of Santa Clara N/A Senior/Youth Fee NFL Game 2 Operating 23,890.30 10/25/2021 City of Santa Clara N/A Senior/Youth Fee NFL Game 3 Operating 23,807.35 10/26/2021 City of Santa Clara N/A Senior/Youth Fee NFL Game 4 Operating 23,455.60 10/28/2021 City of Santa Clara N/A Non-NFL Event Public Safety Costs Reimbursement Operating 1,139,476.04 1,364,541.93
10/1/2021 Stadium Funding Trust N/A Term A - Interest Debt Service 5,753,456.04 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - Insurance Operating 105,000.00 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 Nove mber 2021 Std Mgr - SBL Sales & Svcs Operating 180,000.00 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - Compensation for Grounds Operating 8,300.00 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - Compensation for Guest Svcs Operating 21,455.00 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - Compensation for Security Operating 33,495.00 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - Compensation for Engineering Operating 136,515. 00 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - Compensation for Stad Ops Operating 136,978.00 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - Compensation for Procurement Operating 51,902.0 0 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 November 2021 Std Mgr - StadCo Tenant Improvements Operating 338.21 10/27/2021 Forty Niners Stadium Management Co, LLC SLS-23242 Nove mber 2021 Std Mgr - Naming Rights Expense Operating 44,122.00 10/1/2021 Forty Niners Stadium Management Co, LLC SLS-23233 CapEx Proj - X-Ray Scanners CapEx 99,503.00 Forty Niners Stadium Management Co, LLC Subtotal 817,608.21 10/12/2021 LRG Technologies, Inc 3-1217-1537 CapEx Proj - CCTV Pop Up Trailers CapEx 208,300.47 10/13/2021 J.S. Held LLC 1261656 April - June 2021 Audit Services Operating 1,908.42 10/13/2021 October 2021 Legal Services Operating 11,000.00 October 2021 Total 8,158,233.58$
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of October 2021

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-09 Agenda Date: 1/25/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action to Amend Agreement with Contractor Compliance and Monitoring, Inc. for Labor Compliance Services, Approve Purchase of Dispatch Monitors CapEx Project, and Award a Purchase Order to Interior Motions for One Office Chair

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
On October 8, 2019, the Stadium Authority Board (Board) approved Ordinance No. 2005 amending Chapter 17.30 of the City Code (Stadium Authority Procurement Policy), which rescinded the delegation to the Executive Director to enter into agreements without prior Board approval. As of the effective date of the Ordinance, November 8, 2019, all Stadium Authority agreements for services, supplies, materials, and equipment require the approval of the Stadium Authority Board.

The Executive Director is requesting authorization for the following:

1. Amend an agreement with Contractor Compliance and Monitoring, Inc. (CCMI) to extend the term ending from February 9, 2022 to March 31, 2025; and add $20,000 for a total not to exceed amount of $40,000, subject to future budget appropriations;

2. Purchase four 40” monitors from Dell to be used for the Levi’s Stadium Command Post in an amount not to exceed $7,582. The Stadium Authority FY 2021/22 CapEx Budget includes $8,400 for Dispatch Monitors. A budget amendment is required for this request; and,

3. Award a purchase order to Interior Motions to purchase an office chair for Stadium Authority staff in the amount of $819 plus shipping fees.

Chapter 17.30.070 of the City Code states that, “Except for reserved purchase order numbers assigned by the purchasing officer, the purchasing officer shall not issue any purchase order or award any contract for supplies, materials, or equipment unless there exists an unencumbered appropriation in the proper account of the Stadium Authority to which the purchase is to be charged.” However, as noted above, the CCMI agreement would be subject to future budget appropriations.

DISCUSSION
On March 23, 2021, the Board approved the Stadium Authority FY 2021/22 Operating, Debt Service and Capital Budget (Budget). Stadium Authority staff has obtained quotes for the following items pursuant to the appropriate Purchasing Sections under Chapters 2.105 and 17.30 of the Santa Clara City Code. Staff is following the City Code provisions listed below for consistency and to ensure that best practices in public sector procurement are being followed:

City of Santa Clara Printed on 1/20/2022Page 1 of 4
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22-09 Agenda Date: 1/25/2022
· 2.105.330(e)(1) “General services - Contracting procedures” competitive proposals exception for specialized services from licensed professionals. · 2.105.280 “Informal Bidding” where the award recommendation is determined by the lowest cost bidder.
· 2.105.280(b) Purchases less than $15,000 do not require competitive bidding.

Board approval is requested for the following items:

CCMI - The Stadium Authority has an existing agreement with CCMI for labor compliance services which was approved by the Stadium Authority Board on February 9, 2021. The existing agreement is for a one-year term that is set to expire on February 9, 2022 and has a not to exceed amount of $20,000. During the term of agreement, the Stadium Authority has only used CCMI’s service to assist with reviewing the Stadium Manager’s submittals for reimbursement for prevailing wage work.

CCMI ensures prevailing wage compliance for publicly funded public works. The core of CCMI’s experience involves the monitoring of certified payrolls, including proper job classifications and wage determinations, compliance with overtime, weekend, shift and special wage requirements, as well as the proper application of required apprenticeship requirements.

The Executive Director is requesting authorization to amend the existing agreement with CCMI to extend the term of the agreement by three years ending on March 31, 2025; add an additional $20,000 to the agreement for a total not to exceed amount of $40,000; and update the hourly rates of pay as demonstrated in Exhibit B. The amendment will also address new labor rates that will be fixed throughout the three-year term of the amended agreement. Staff anticipates using CCMI’s services more frequently as the Stadium Manager submits future reimbursement requests for services that require prevailing wages.

Dispatch Monitors CapEx ($7,582 plus shipping) - The FY 2021/22 CapEx Budget includes $8,400 for the Dispatch Monitors line item, which describes the purchase of 16 22” monitors to replace existing 19” Levi’s Stadium Command Post dispatch monitors that were purchased six years ago.

The equipment request is a carryover from the FY 2020/21 CapEx Budget. The original request was held due to space limitations and compatibility issues.

Currently, public safety dispatchers work off of multiple smaller screens which provide a sub-standard application management capability and reduced field of view of centralized screen. Recent upgrades to public safety CAD and the combined use of stadium operational applications demands for larger screens to perform public safety dispatcher duties. The Police Department would like to update their request to utilize the CapEx project funds to purchase four curved 40” monitors instead of the previously requested 16 22” monitors. The wide view monitor will permit public safety dispatchers to manage all the necessary applications and safely operate the needed CAD features the position demands. A larger number of smaller monitors, such as the 22” monitors that are described in the existing project description, would provide less visibility and would not provide the optimal screen viewing area for public safety dispatching applications.

Staff has obtained a quote from Dell for four curved 40” monitors at approximately $1,731 per monitors ($7,582 plus shipping) and recommends this purchase. The Stadium Authority FY 2021/22 CapEx Budget includes $8,400 for this expense. As described above, a budget amendment is City of Santa Clara Printed on 1/20/2022Page 2 of 4
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22-09 Agenda Date: 1/25/2022
required to purchase four curved 40” monitors instead of the 16 22” replacements.

Office Chair for Stadium Authority Staff ($819) - Newly hired staff in the Stadium Treasurer’s Office requires an office chair. The Board previously approved the purchase of a Herman Miller office chair that is used throughout the department in the amount of $530 plus tax and shipping as part of the December 7, 2021 report. Since then, the approved vendor has closed their business and referred staff to a different vendor. The new vendor, Interior Motions, has provided a quote of $819 plus shipping for the office chair.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There are existing appropriations in the Stadium Authority FY 2021/22 Adopted Budget under the Operating Budget for Executive Director and Board directives to cover the $20,000 required for the amended CCMI agreement.

There are existing appropriations in the Stadium Authority FY 2021/22 Adopted Budget under General & Administration Budget to cover the cost of the office chair ($819 plus shipping).

The Stadium Authority FY 2021/22 CapEx Budget includes $8,400 for the Dispatch Monitors CapEx Project. There are sufficient funds to cover the cost of four curved 40” monitors ($7,582 plus shipping). A budget amendment is required to update the scope of the project.

Together, this request totals a not to exceed amount of $28,401 plus shipping fees.

COORDINATION
This report has been coordinated with the City’s Purchasing Manager, Stadium Treasurer’s Office and Chief Assistant City Attorney.

RECOMMENDATION

1. Authorize the Executive Director to execute Amendment No. 1 to the existing agreement with Contractor Compliance and Monitoring Inc. for labor compliance consulting services to extend the term by three years ending on March 31, 2025, and add an additional $20,000 for a total not to exceed amount of $40,000, subject to future budget appropriations;

2. Approve a budget amendment for the Dispatch Monitors CapEx Project that updates the project City of Santa Clara Printed on 1/20/2022Page 3 of 4
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22-09 Agenda Date: 1/25/2022
scope to reflect four curved 40” monitors as requested by the Police Department;

3. Authorize the Executive Director to purchase four curved 40” monitors for Levi’s Stadium Command Post workstations from Dell (Dispatch Monitors CapEx Project), in the amount of $7,582 plus shipping; and

4. Authorize the Executive Director to award a purchase order to Interior Motions for one office chair in the amount of $819 plus shipping.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Deanna J. Santana, Executive Director

ATTACHMENTS

1. Original Compliance and Monitoring Inc. Agreement

2. Amendment No. 1 to Contractor and Monitoring Inc. Agreement City of Santa Clara Printed on 1/20/2022Page 4 of 4
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EBIX Insurance No. *S200004685

AGREEMENT FOR SERVICES

BETWEEN THE

SANTA CLARA STADIUM AUTHORITY,
AND
CONTRACTOR COMPLIANCE AND MONITORING, INC.

PREAMBLE
This Agreement is entered into between the Santa Clara Stadium Authority, a joint powers agency created pursuant to Section 6532 of the California Government Code (Authority) and Contractor Compliance and Monitoring, Inc., a California corporation, (Contractor). Authority and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. Authority desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of Authority; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between Authority and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum (if applicable)
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18

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and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on February 10, 2021 and terminate on February 9, 2022.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence .

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to Authority when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, Authority may make corrections or replace materials or services and charge Contractor for the cost incurred by Authority.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations. expressed and implied, contained herein, and Authority expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, Authority shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is twenty thousand dollars ($20,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18
Page2
excess of the maximum compensation shall be at Contractor's expense.

Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. Authority shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, Authority may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to Authority all Authority information or material that Contractor has in its possession.

8. ASSIGNMENT AND SUBCONTRACTING
Authority and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of Authority. Contrc;1ctor shall not hire subcontractors without express written permission from Authority.

Contractor shall be as fully responsible to Authority for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of Authority. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18
Page3

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by ·contractor and shall not, without the prior written consent of Authority, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services.

Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of Authority but Contractor may retain and use copies thereof. Authority shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF AUTHORITY TO INSPECT RECORDS OF CONTRACTOR Authority, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor . Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to Authority. Any expenses not so recorded shall be disallowed by Authority Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the Authority.

Contractor shall submit to Authority any and all reports concerning its performance under this Agreement that may be requested by Authority in writing.

Contractor agrees to assist Authority in meeting Authority's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.

Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18
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14. HOLD HARMLESS/INDEMNIFICATiON
A To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify Authority, its respective governing boards, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, _in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by Authority connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of Authority; the obligation to defend is not similarly limited.

B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full Authority and Authority's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against Authority (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless Authority for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to Authority, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by Authority of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither Authority's review, acceptance nor payments for any of the Services required under this Agreement Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18

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shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to Authority addressed as follows:

Santa Clara Stadium Authority
Attention: Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
And to Contractor addressed as follows:

Contractor Compliance and Monitoring, Inc.
635 Mariners Island Blvd., Suite 200
San Mateo, CA 94404
· Or by facsimile at (650) 522-4402
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no Authority officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18
Page6
which would violate these code provisions. Contractor will advise Authority if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF AUTHORITY NAME OR EMBLEM
Contractor shall not use Authority's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of Authority.

22. GOVERNING LAW AND VENUE
This Agreement shall b.e governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement. ·
Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18
Page?

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

Approved as to Form:

SANT A CLARA STADIUM AUTHORITY
a California Joint Power Agency
i I -EANNA
Stadium Authority Counsel \Y Executive ir ctor
"AUTHORITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
CONTRACTOR COMPLIANCE AND MONITORING, INC.
a California corporation
Dated: :/e-bru..o.t"y L..1 1 ~OJ.\ _
By (Signature): ~J ( e</. 'µ,]J/4(
Name: DeborahE.G. Wilder
Title: President
Principal Place of 635 Mariners Island Blvd., Suite 200 Business Address: San Mateo, CA 94404
Email Address: [email protected]
Telephone: (650) 522-4403
Fax: (650) 522-4402
"CONTRACTOR"
Agreement with Contractor Compliance and Monitoring, Inc. Agreement Rev. 07-01-18

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EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the Authority by the Contractor under this Agreement are set forth below.

1. Product Description Work Plan or Proposal
Listed below is a scope of services. It includes special reporting and requirements for Prop 84 projects as well as special requirements for federally funded project. A project which does not have Prop 84 funding nor any federal funding would exclude those items from the scope of work. The scope of work below assigns approximate times to each task to be performed. • A typical project starts with preconstruction tasks of reviewing contracts and providing the correct language and information in the bid documents. (Items 1-6)
• Once a successful bidder is chosen, CCMI can help file the PWC-100 form and verify critical information about the contractors doing the work such as contractor registration, CSLB licensing and worker's compensation. (Items 7- 8, 11)
• CCMI attends a preconstruction conference to review the Labor Compliance requirements for the project. (Item 9)
• The auditing onsite interviewing and monthly reports are performed each month during the project, including any additional investigations verification of corrections and restitution. (Items 10, 12-21, 25)
• The close out process is accomplished at the end of the project. (Items 21-24) Work Plan: California and Davis Bacon Prevailing Wage Proiect

1. Assist Authority in obtaining LCP approval from the DIR for Proposition 84 projects. Requesting a format LCP approval from the DIR includes: 1) a 4- page application detailing the expertise of the Authority and how the LCP will be administered; 2) a Resolution from your Stadium Authority Board approving the LCP an adopting the program; and, 3) an administrative manual which incudes in great details the components of a Labor Compliance plan which essential meets the requirements of operating an LCP. The Administrative Manual is typically around 30-35 pages. The forms and · attachments run another 30-35 pages. Completing this application process includes the Authority gaining understanding of all the LCP requirements and establishing best practice protocols to adopt it. This takes approximately 90 days to obtain approval. The DIR requires up to 60 days to review and approve the LCP. The Stadium Authority Board must adopt an applicable resolution, so CCMI allocates up to 30 days to have that item agendized on the Stadium Authority Board calendar. Annual reports are completed each August for the prior fiscal year.

Agreement with Contractor Compliance and Monitoring, lnc./Exhibit A-Scope of Services Page 1 Rev. 07-01-18

2. Provide required language and prevailing wage documentatio.n to the Client for prevailing wage compliance. 29 CPR Part 5.5 REQUIRES that certain mandated prevailing wage language be included in the bid specifications and contract whenever federal Davis-Bacon requirements apply to a project.

Usually takes about 30-60 minutes to provide required language and to review any contracts or specifications.

3. Pull applicable Davis Bacon Wage determination for project and provide to Client. A hard copy of the applicable federal wage determination is required to be included in the bid specifications and the contract. A mere reference to the wage determination and MOD number or to the website www.wdol.gov is insufficient to meet this requirement and can result in the Client being subject to additional change order costs. Usually takes 30-60 minutes.

4. Review the specification to ensure that the requirements of California prevailing wage are included. Usually takes 30-60 minutes

5. Assist the Client, as required, in requesting additional federal wage determinations through the conformance process. Depending on the need, a conformance typically takes 1-3 hours per conformance

6. Create project files upon award of the project. 130 minutes

7. Assist the Client with completion and filing of PWC-100 form (required on all State prevailing wage projects in excess of $15,000 or maintenance and in excess of $25,000 for construction). The PWC-100 form is to be filed within 30 days of contract award, but not later. than the first day worked.

Approximately 30 minutes

8. Verify contractor's eligibility to work by checking the contracting status with both California and Federal lists, including the California Department of Industrial Relations {www.dir.ca.gov) and the Federal Excluded Parties list {www.sam.gov). Once subcontractors are identified, also verify the eligibility of all subcontractors. Depending on number of contractors on the project 15- 90 minutes ·

9. Attend Preconstruction conference or conduct a separate labor compliance webinar, including providing a checklist of laws and regulations which need to be followed to comply with state and federal prevailing wage requirements as well as all forms required for labor compliance. Depends on the complexity of the project and experience of contractors. 1-3 hours.

10. Provide a phone line and e-mail contact where contractors and subcontractors can contact CCMI for clarification on prevailing wage, certified payrolls, apprenticeship and compliance issues. On an as needed basis throughout the project.

Agreement with Contractor Compliance and Monitoring, lnc./Exhibit A-Scope of Services Rev. 07-01-18
Page2

11. License check and confirmation with California Contractor's State License Board of current and active license status, as well as worker's compensation coverage of all contractors and all listed subcontractors. Confirmation that contractors are currently registered as "public works contractors" with the State of California. Depending on number of contractors on the project 15-90 minutes

12. Review and comparison of work classification with California prevailing wage classification and Davis-Bacon wage classifications to ensure the contractor is paying the correct prevailing wage rate. 30-60 minutes

13. Monitoring of all weekly certified payroll, including, but not limited to: correct classification of workers, proper wages being paid, proper calculation and payment of fringe benefits and training contributions, review overtime, shift pay, weekend and holiday work/pay, only permissible deductions will be allowed, cross reference of onsite interviews with certified payrolls to verify all workers are listed and review the "certification" or "Statement of Compliance" is complete and properly signed by an individual with knowledge and authority to act on behalf of the company. This time frame depends on the size of the project and number of workers employed. An audit could take 1 hour or 40 hours a month.

14. Monitoring of all Apprenticeship Requirements. Collection and review of all DAS-140 and DAS-142 forms. Review of applicable apprenticeship ratios, correct wages paid, training contributions (CAC2 forms). Verification that all apprentices also have an active Apprenticeship Certificate (U.S. Department of Labor, Office of Apprenticeship) certificate. This time is included in item 13 above.

15. Verification that apprentices are properly supervised and employed in approved ratios as required by both California and Federal apprenticeship regulations applicable to Davis-Bacon projects .. This time is included in item 13 above

16. Jobsite audits and random interview of workers will be conducted by CCMI (to determine veracity of certified payroll information, compliance with anti kickback, equal employment opportunity requirements, jobsite posting requirements, etc.). CCMI will cross reference the interviews with certified payroll information. CCMI will also confirm that required posters and wage rates are posted on the project. (required on Proposition 84 and Davis Bacon funded projects). The onsite interviews typically take 1 hour on site plus related travel of 1-2 hours

17. Proof of Payment: Monthly verification of payment of wages to workers by all contractors and subcontractors on the project (required by Prop 84 funding only). This again is determined by the number of contractors on the project.

The request is typically 10 minutes per contractor. However, if the contractor Agreement with Contractor Compliance and Monitoring, lnc./Exhibit A-Scope of Services Rev. 07-01-18
Page3
does not provide the information requested or the information does not match the certified payroll, follow up could take 30-120 minutes

18. Respond to any inconsistencies or deliberate deceptions on the part of contractors through additional detailed audit of contractors through review of cancelled checks, timecards, and related records (as needed) and seek appropriate resolution consistent with California and Davis Bacon regulations.

This is handled on a case by case basis. An inquiry for additional information and review of additional documents could take one hour or several hours depending on the information provided and any underpayment identified

19. Communication of potential violations will be provided promptly to the Client with recommended action. In the event paperwork or compliance issues with a contractor cannot be resolved quickly, the Client will be notified of this potential problem and a recommendation will be made to the Client to retain a certain portion of the scheduled progress payment until the issue is resolved.

The Authority will receive a monthly report by contractor. This is included in the time allocated in item 20 below. However, communication of serious violations is usually transmitted via email or by phone call and typically can take 30-90 minutes depending on the seriousness of the violation.

20. Communications with Contractors. CCMI will work with all contractors and subcontractors with the goal of amicable agreement on resolving issues related to violations, penalties and compliance. All meetings and calls with contractors will be documented in the project folder maintained by CCMI.

After the audit is completed, reports are prepared for each contractor and . subcontractor on the project who worked in that month. Reports typically take 10 minutes each.

21. Collect Section 3 reporting information and prepare annual reporting (applies to CDBG funding or other federal funding requiring Section 3 reporting) Usually 20 minutes per month to collect and review the data and one hour to prepare the Annual Report.

22. Provide Final Wage Compliance Report within 30 days of completion of project. Final close of project including imposition of penalties and reports to Labor Commissioner; issuing of Request for Forfeitures/Notices to Withhold and other close out documentation. Such report shall include: start and completion of project, services provided, summary of discrepancies, violations, corrective action and restitution of any underpayment of wages and any other documentation requested by the Client. Final Close-Out Report will also include a review of any imposition of penalties and reports to California Labor Commissioner; and US DOL, as required. Depending on the funding source, the number of reports to be completed and number of violations which remain outstanding, the close out procedure can take 1-10 hours

23. Maintain all records for a period of five (5) years. 30 minutes to archive folder Agreement with Contractor Compliance and Monitoring, lnc./Exhibit A-Scope of Services Rev. 07-01-18
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24.Attend any compliance or auditing meeting with the State or federal agencies relating to the labor compliance on this project. Typically. this does not occur on purely State funded projects. Federal audit are typically 4-8 hours.

25. Provide other assistance relating to labor compliance as requested by the Client. On an as needed basis

26. Provide updates to the Authority on labor compliance trainings conducted by the DIR. CCMI staff attends periodic LCP training conducted by the DIR.

CCMI staff regularly attends training conducted every year or two by the U.S.

Department or Labor on Davis Bacon compliance. In addition. CCMI preside.mt Deborah Wilder conducts her own in-house staff training on new and updated regulations and implementations on a regular basis and will pass this information on to the Authority.

27. Provide prevailing wage training to staff. CCMI also provides training to public agencies and contractors on meeting prevailing wage requirements. This can include a single 1-hour session or informational training or sessions spread over several weeks to provide more hands-on detail of full labor compliance training.

28. Serve as an expert witness in state and federal labor compliance and prevailing wage violations. Sec Exhibit 13 for hourly rate.

CCMI prides itself in taking a proactive, educational/team approach in working with Clients and contractors before problems arise. Wilder's extensive experience in this area over the last 35 years has given her particular insight into spotting potential problems early on during project construction. CCMI is committed to implementing and enforcing a program that is fair to all contractors, but one which requires strict adherence to the requirements of prevailing wage and Labor Compliance. Our breadth of experience and expertise cannot be matched by any other LCP firm in the State.

2. Project Schedule
Please see the explanation and_timeline identified in item 1 above. The timeline for completing a project depends on several factors which include the length of the construction package. As the audits are taking place throughout the project, the close out of the project typically takes 30-45 days after completion of the project.

The start date is when the Authority identifies the project to us and either requests our assistance with pre bid documents or informs us of an upcoming preconstruction conference. Each month we audit the project. Typically, in reviewing the payrolls once a month, we only anticip•ate a 2-week time lag. For example, if we review CPRs on the 1st of the month, we would expect payrolls and labor compliance documents through the 15th of the prior month. There are no order dates or installation time for this work. We seek to close the project promptly once we are notified of its completion.

Agreement with Contractor Compliance and Monitoring, lnc./Exhibit A-Scope of Services Rev. 07-01-18
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EXHIBITS

SCHEDULE OF FEES
In no event shall the amount billed to Authority by Contractor for services under this Agreement exceed twenty thousand dollars ($20,000), subject to budget appropriations.

Contractor shall provide a schedule of rates and fees which includes all billing amounts and costs as follows:

CCMI typically bills for its services in one of two ways, by hourly rates or project based.

1. Hourly Rates*
• Technician: $75.00
• Analyst: $95.00
• Manager: $125.00
• Principal: $350.00
• Onsite Interviews: $200 per project per visit
• Expert Testimony: $450 per hour (Wilder only)
Note: CCMl's can bill based on hourly rates with a NTE cap on the work.

2. Project Based
To quote a flat fee price, CCMI needs the following information: Funding source, dollar value of project, anticipated number of work days on the project, approximate number of subcontractors on the project. We then will provide a single flat fee for all services ahd payment is made in even monthly amounts over the course of the project. Below are some examples using the proposed scope of work as set f01 ih in Exhibit A:
• The flat fee price for obtaining an LCP for Prop 84 projects is $1500. • Annual Report to DIR each year is.billed at $300 a year . • A $2.5 million project with Prop 84 funding to be completed in 1 O months with between 8-10 subcontractors would like be billed as a flat fee if $12,500. An hourly NTE price would be capped at $15,500. It should be noted that when we provide a NTE price, it does not mean that we will reach that-final price. The project could well come in under that NTE price.
• A $400,000 project with CA and Federal Davis Bacon requirements to be completed over 4 months would be billed at a flat fee of $3000 and with an hourly NTE of $4,000.
• A $12 million project with CA and CDBG funding and Section 3 hiring requirements to be completed over 18 months would likely be a flat fee of $27,000 with an hourly NTE of $33,000
Agreement with Contractor Compliance and Monitoring, lnc./Exhibit 8-Schedule of Fees Page 1 Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Consultant's indemnification of the Santa Clara Stadium Authority · ("Stadium Authority"), and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the Stadium Authority, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the Stadium Authority so that any other coverage held by the Stadium Authority shall not contribute to any loss under Consultant's insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of. liability. ·

8. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Consultant and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and ho.Id harmless obligations of Consultant included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the Stadium Authority, its governing board, subordinate boards, officers, employees, volunteers and agents.

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the Stadium Authority General Counsel's Office.

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. 2.

3. 4.

Additional Insureds. The Santa Clara Stadium Authority, its governing board, subordinate boards, officers, employees, volunteers and agents ("Indemnified Parties") are hereby added as additional insureds in respect to liability arising out of Consultant's work for the Stadium Authority, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 1 O 01, or its equivalent.

Primary and non-contributing. Each insurance policy provided by Consultant shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnified Parties may possess, including any self-insurance or self-insured retention they may have. Any other insurance that the Indemnified Parties may possess shall be considered excess insurance only and shall not be called upon to contribute with Consultant's insurance.

Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to the Stadium Authority at least ten (10) days prior to the effective date of such modification or cancellation.

In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal. b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to the Stadium Authority at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non~renewal.

Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and the Stadium Authority agree as follows:

1. Consultant agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Consultant agrees that upon request by the Stadium Authority, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to the Stadium Authority for review.

2. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge the Stadium Authority or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the Stadium Authority. It is not the intent of the Stadium Authority to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against the Stadium Authority for payment of premiums or other amounts with respect thereto.

3. The Stadium Authority reserves the right to withhold payments from the Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to the Stadium Authority and as described in this Agreement.

Consultant shall file with the Stadium Authority all certificates and endorsements for the required insurance policies for the Stadium Authority's approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent) , evidencing all required coverage, and be delivered to the Stadium Authority through its representative as set forth below, at or prior to execution of this Agreement. Upon the Stadium Authority's request, Consultant shall submit to the Stadium Authority copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to the Stadium Authority pursuant to this Agreement shall be mailed to:

Santa Clara Stadium Authority
c/o Ebix, Inc.

P.O. Box 100085-S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
or 1 EbixWay
John's Creek, GA 30097
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the Stadium Authority or its insurance compliance representatives.

Amendment No. 1 to Agreement/*insert Contractor’s name Page 1 Rev. 10/25/19
Ebix Insurance No. S200004685

AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

SANTA CLARA STADIUM AUTHORITY,
AND
CONTRACTOR COMPLIANCE AND MONITORING, INC.

PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the Santa Clara Stadium Authority, a joint powers agency created pursuant to Section 6532 of the California Government Code (Authority) and Contractor Compliance and Monitoring, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement For Services Between the Santa Clara Stadium Authority, and Contractor Compliance and Monitoring, Inc., dated February 15, 2021 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide services for labor compliance services, and the Parties now wish to amend the Agreement to extend the term, add funds, and update Exhibit B.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 2 of the Agreement, entitled “Term of Agreement” is amended to read as follows:

Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shalt begin on February 10, 2021 and terminate on March 31, 2025.

2. Section 6 of the Agreement, entitled “Compensation and Payment” is amended to read as follows:

In consideration for Contractor's complete performance of Services, Authority shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is forty thousand dollars ($40,000), subject to budget appropriations, which includes all payments that may be Amendment No. 1 to Agreement/Contractor Compliance and Monitoring, Inc. Page 2 Rev. 10/25/2019
authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense.

Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

3. Exhibit B of the Agreement, entitled “Schedule of Fes” is amended to read as follows:

EXHIBIT B

SCHEDULE OF FEES
In no event shall the amount billed to Authority by Contractor for services under this Agreement exceed forty thousand dollars ($40,000), subject to budget appropriations.

Contractor shall provide a schedule of rates and fees which includes all billing amounts and costs as follows:

CCMI typically. bills for its services in one of two ways, by hourly rates or project based.

1. Hourly Rates*
• Technician: $95
• Analyst: $115-125
• Senior Analyst: $135
• Manager: $150
• Principal: $450
• Onsite Interviews: $200 per project per visit
• Expert Testimony: $450 per hour (Wilder only)
Note: CCMl's can bill based on hourly rates with a NTE cap on the work.

2. Project Based

To quote a flat fee price, CCMI needs the following information: Funding source, dollar value of project, anticipated number of work days on the project, approximate number of subcontractors on the project. We then will provide a single flat fee for all services and payment is made in even monthly amounts over the course of the project. Below are some examples using the proposed scope of work as set f01ih in Exhibit A:

• The flat fee price for obtaining an LCP for Prop 84 projects is $1,500. • Annual Report to DIR each year is.billed at $300 a year. • A $2.5 million project with Prop 84 funding to be completed in 10 months with between 8-10 subcontractors would like be billed as a flat fee if $12,500. An hourly NTE price would be capped at $15,500. It should be Amendment No. 1 to Agreement/Contractor Compliance and Monitoring, Inc. Page 3 Rev. 10/25/2019
noted that when we provide a NTE price, it does not mean that we will reach that-final price. The project could well come in under that NTE price.
• A $400,000 project with CA and Federal Davis Bacon requirements to be completed over 4 months would be billed at a flat fee of $3,000 and with an hourly NTE of $4,000.
• A $12 million project with CA and CDBG funding and Section 3 hiring requirements to be completed over 18 months would likely be a flat fee of $27,000 with an hourly NTE of $33,000

4. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

SANTA CLARA STADIUM AUTHORITY
a Joint Powers Agency

Approved as to Form: Dated:

Office of the Stadium Authority
Counsel

DEANNA J. SANTANA
Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“AUTHORITY”

CONTRACTOR COMPLIANCE AND MONITORING, INC.
a California corporation
Dated:

By (Signature):

Name: Deborah E.G. Wilder
Title: President
Principal Place of
Business Address:
635 Mariners Island Blvd., Suite 200
San Mateo, CA 94404
Email Address: [email protected]
Telephone: (650) 522-4403
Fax: (650) 522-4402
“CONTRACTOR”
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-50 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Action on Resolution for an Exception to the 180 Day Waiting Period To Appoint Retired Annuitants To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224)

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources

BACKGROUND
Generally, the Public Employment Retirement Law (PERL) requires that retired annuitants serve a 180-day wait period before working in a retired annuitant position. However, the PERL also provides for exceptions to this waiting period if certain criteria are met and the governing body of the public agency adopts a non-consent calendar resolution at a public meeting approving the appointment as a critically needed position before the 180 days has passed. The adoption of the resolution allows the employer to hire a retired annuitant to perform work of a limited duration, such as specialized work and limited term complex projects.

There are two types of post-retirement appointments possible under Govt. Code Section 7522.56: 1) Extra help retired annuitants hired to perform work of limited duration such as special projects (Govt.

Code Section 21224); and 2) Appointment to a vacant position on an interim basis while a permanent replacement is being recruited (an active recruitment must be in place for this type of appointment, and the appointment must end when the replacement is hired, Govt. Code Section 21221(h)).

DISCUSSION
Philip Waterhouse was a Senior Electric Meter Technician (Job Code 729) in the Electric Department.

During his tenure, he helped develop the Electric Meter Shop into the successful organization it is today to work with the Advanced Metering Infrastructure (AMI), utility service delivery EUSERC standards, and periodic customer switchgear inspection plans. He retired with the City on December 23, 2021, and the City would like to rehire him to assist with complex meter installation projects for customers and for the Advance Metering Initiative on a part-time basis.

Mr. Waterhouse’s vast institutional knowledge and extensive experience with all varieties of SVP used meters, along with the interface to the billing requirements, will greatly assist City staff with the Advanced Metering initiative, maintenance of customer meters, maintenance of customer switchgear, and projects to meet expected new development. He will also be available to mentor newer employees.

Mr. Waterhouse will be appointed to a limited term as-needed temporary employee position as a retired annuitant. This position will perform duties comparable to the Senior Electric Meter Technician (Job Code 729) classification. This position will provide critical planning, process development and City of Santa Clara Printed on 1/20/2022Page 1 of 3
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22-50 Agenda Date: 1/25/2022
physical project completion as the City recruits to fill a vacancy in the Electric Meter Shop. He will not participate in day-to-day administrative oversight of his former position. This employment arrangement would fall under the type 2 appointment (Govt. Code Section 21224) as Mr. Waterhouse will be providing technical assistance while the Electric Meter Technician vacancy is recruited.

Mark Balderston was an Electric Utility Electrician Technician (Job Code 890) in the Electric Department. He retired with the City on December 18, 2021, and the City would like to rehire him to assist with critical relay projects, workload backlog, and training on a part-time basis. Mr.

Balderston worked as a crew lead and provided essential support in the construction and maintenance of various substation groups.

Mr. Balderston’s extensive institutional knowledge and experience is essential to assist with critical relay projects. Projects include NERC compliance work and testing for a bus differential upgrade and various relay replacements on the Silicon Valley Power network.

Mr. Balderston will be appointed to a limited term as-needed temporary employee position as a retired annuitant. This position will perform duties comparable to the Electric Utility Electrician Technician (Job Code 890) classification. This position will provide critical support to complex protective relay work and training for Silicon Valley Power employees. This employment arrangement would fall under the type 1 appointment (Govt. Code Section 21224) as Mr. Balderston will be providing support to special projects and assist with the work backlog.

The recommended action would certify that the appointment of Mr. Waterhouse and Mr. Balderston meet the requirements as defined in Govt. Code Sections 7522.56 and 21224, specifically:

1. Appointment is necessary to perform critically needed duties prior to the expiration of the 180- day wait period;

2. Mr. Waterhouse and Mr. Balderston have not received a Golden Handshake or any other form of retirement-related incentive;

3. Adoption of resolution was not placed on consent calendar;

4. Employment will be limited to 960 hours/fiscal year; and

5. Compensation will be within the posted salary range in the publicly available salary schedule.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The Public Employees’ Pension Reform Act (PEPRA) sets forth limitations for compensating retired annuitants. All retirees must be paid hourly, at no less than the minimum, nor more than the maximum, paid to employees doing similar work. Based on the CalPERS formula for setting retired annuitant pay rates, Mr. Waterhouse will be paid at the hourly rate for as-needed consultant position of $91.18. Mr. Balderston will be paid at the hourly rate for as-needed consultant position of $84.76.

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22-50 Agenda Date: 1/25/2022
Retirees also do not receive any benefits. Sufficient appropriations are available in the Electric Utility Department to fund this interim position. This temporary extra help assignment will not exceed 960 hours per fiscal year, for a total maximum amount of approximately $87,533 for Mr. Waterhouse and $81,370 for Mr. Balderston.

COORDINATION
This report has been coordinated with the City Attorney’s Office and the Finance Department.

ALTERNATIVES

1. Adopt the attached Resolutions to permit the Senior Electric Meter Technician and Electric Utility Electrician Technician to provide valuable service to the City post-retirement but within the first 180 days of his retirement; or

2. Direct Staff to return with other options.

RECOMMENDATION
Alternative 1: Adopt the attached Resolutions for an Exception to the 180 Day Waiting Period To Appoint Two Retired Annuitants To Serve as Temporary Extra Help (Government Code Sections 7522.56 and 21224).

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Resolution for an Exception to the 180 Day Waiting Period To Appoint A Retired Annuitant To Serve as Temporary Extra Help (P. Waterhouse)

2. Philip Waterhouse Offer Letter

3. Resolution for an Exception to the 180 Day Waiting Period To Appoint A Retired Annuitant To Serve as Temporary Extra Help (M. Balderston)

4. Mark Balderston Offer Letter
City of Santa Clara Printed on 1/20/2022Page 3 of 3
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Resolution/CalPERS Resolution
Rev: 11/22/17

Page 1 of 3 ends

RESOLUTION NO. _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FOR EXCEPTION TO THE 180 -DAY WAITING PERIOD TO HIRE A

RETIRED ANNUITANT AS A TEMPORARY EXTRA HELP
EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56 AND
21224)

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, in compliance with Government Code section 7522.56 the City of Santa Clara must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date;
WHEREAS, Philip Waterhouse (CalPERS ID 3359575012) retired from the City of Santa Clara in the position of Senior Electric Meter Technician, effective December 23, 2021; WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 23, 202 2, without this certification resolution;
WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the City of Santa Clara and Philp Waterhouse certify that Philp Waterhouse has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, the City of Santa Clara hereby appoints Philip Waterhouse as an extra help retired annuitant to perform the critically needed duties of Temporary Employee for the City of Santa Clara under Government Code section 21224, effective January 27, 2022; WHEREAS, the entire employment agreement, contract or appointment document between the City of Santa Clara and Philp Waterhouse has been reviewed by this body and is attached herein;
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar;
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Resolution/CalPERS Resolution
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Page 2 of 3 ends

WHEREAS, the employment shall be limited to 960 hours per fiscal year;

WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate;
WHEREAS, effective December 26, 2021, the maximum monthly base salary for the Consultant position is $34,666.66 and the hourly equivalent is $200.00, and the minimum monthly base salary for this position is $2,842.66 and the hourly equivalent is $16.40; WHEREAS, the hourly rate paid to Philip Waterhouse will be $91.18; and

WHEREAS, Philp Waterhouse has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. The City of Santa Clara hereby certifies the appointment of Philip Waterhouse and that this appointment is necessary to fill the critically needed position of Temporary Employee for the City of Santa Clara by January 27, 2022. The retired annuitant was the former Senior Electric Meter Technician for the City of Santa Clara and will be rehired performing the comparable duties of the Senior Electric Meter Technician classification. The City would like to rehire Philp Waterhouse as an extra help to assist with complex meter installation projects for customers and for the Advance Metering Initiative on a part-time basis. This position will provide critical planning, process development and physical project completion as the City recruits to fill a vacancy in the Electric Meter Shop.

Resolution/CalPERS Resolution
Rev: 11/22/17

Page 3 of 3 ends

2. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF __, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Philip Waterhouse Offer Letter

December 30, 2021

Philip Waterhouse

Human Resources

Dear Philip:

Congratulations! This is to confirm our offer of employment for the As -needed position of Temporary Employee (Senior Electric Meter Technician) in the Electric Department with the City of Santa Clara. This appointment is pursuant to the City Council Resolution for Exception to the 180-Day Waiting Period to Hire a Retired Annuitant as a Temporary Extra Help Employee (Government Code Section 7522.56 and 21224).

Below are a few key provisions for your offer of employment:

 Effective Date: Thursday, January 27, 2022

 Salary: As approved by the resolution, your hourly pay rate is $91.18 per hour.

 Employment Status: As-needed employment is not to be considered permanent. Under CalPERS regulations and the City of Santa Clara practices, as-needed rehired annuitants are not permitted to work more than 960 hours per fiscal year (July 1 through June 30). If you reach 960 hours during the fiscal year, your assignment will end. If you have been previously employed by a CalPERS employer and have funds on deposit with CalPERS, you will be enrolled in CalPERS and Social Security upon your first date of as-needed employment with the City of Santa Clara.

 New Hire Orientation: New hire orientation will be conducted via Zoom. All employees are required to show documentation which proves their identity and their eligibility to work in the United States. A list of acceptable documentation can be found at http://uscis.gov/i-9- central/acceptable-documents. Please bring I -9 employme nt verification identification with you on your first day of employment; original documents are required.

Please sign and date this offer letter and return it to me by January 26, 2022. If you have questions, please contact the Human Resources Department at (408) 615-2080.

Sincerely,

Ashley Lancaster
Human Resources Division Manager

I accept the terms and conditions of my employment with the City of Santa Clara.

Philip Waterhouse Date

cc: Ann Hatcher, Assistant Director of Electric Utilities

1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2080 ● Fax: 408-985-0667 ● www.SantaClaraCA.gov City of
Santa Clara
The Center of What 's Possible
Resolution/CalPERS Resolution
Rev: 11/22/17

Page 1 of 3 ends

RESOLUTION NO. _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FOR EXCEPTION TO THE 180 -DAY WAITING PERIOD TO HIRE A

RETIRED ANNUITANT AS A TEMPORARY EXTRA HELP
EMPLOYEE (GOVERNMENT CODE SECTIONS 7522.56 AND
21224)

BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, in compliance with Government Code section 7522.56 the City of Santa Clara must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date;
WHEREAS, Mark Balderston (CalPERS ID 2655335982) retired from the City of Santa Clara in the position of Electric Utility Electrician Technician, effective December 18, 2021; WHEREAS, section 7522.56 requires that post-retirement employment commence no earlier than 180 days after the retirement date, which is June 18, 202 2, without this certification resolution;
WHEREAS, section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive; WHEREAS, the City of Santa Clara and Mark Balderston certify that Mark Balderston has not and will not receive a Golden Handshake or any other retirement-related incentive; WHEREAS, the City of Santa Clara hereby appoints Mark Balderston as an extra help retired annuitant to perform the critically needed duties of Temporary Employee for the City of Santa Clara under Government Code section 21224, effective January 27, 2022; WHEREAS, the entire employment agreement, contract or appointment document between the City of Santa Clara and Mark Balderston has been reviewed by this body and is attached herein;
WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendar;
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WHEREAS, the employment shall be limited to 960 hours per fiscal year;

WHEREAS, Mark Balderston has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. The City of Santa Clara hereby certifies the appointment of Mark Balderston and that this appointment is necessary to fill the critically needed position of Temporary Employee for the City of Santa Clara by January 27, 2022. The retired annuitant was the former Electric Utility Electrician Technician for the City of Santa Clara and will be rehired performing the comparable duties of the Electric Utility Electrician Technician classification. The City would like to rehire Mark Balderston as an extra help to assist with complex relay technician projects and training on a part-time basis. This position will provide critical work and training on the Silicon Valley Power relay protective system as the City recruits to fill the vacancy.

Resolution/CalPERS Resolution
Rev: 11/22/17

Page 3 of 3 ends

2. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF __, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. Mark Balderston Offer Letter

January 15, 2022

Mark Balderston

Human Resources

Dear Mark:

Congratulations! This is to confirm our offer of employment for the As -needed position of Temporary Employee (Electric Utility Electrician Technician) in the Electric Department with the City of Santa Clara. This appointment is pursuant to the City Council Resolution for Exception to the 180-Day Waiting Period to Hire a Retired Annuitant as a Temporary Extra Help Employee (Government Code Section 7522.56 and 21224).

Below are a few key provisions for your offer of employment:

 Effective Date: Thursday, January 27, 2022

 Salary: As approved by the resolution, your hourly pay rate is $84.76 per hour.

 New Hire Orientation: New hire orientation will be conducted via Zoom. All employees are required to show documentation which proves their identity and their eligibility to work in the United States. A list of acceptable documentation can be found at http://uscis.gov/i-9- central/acceptable-documents. Please bring I -9 employment verifica tion identification with you on your first day of employment; original documents are required.

Please sign and date this offer letter and return it to me by January 26, 2022. If you have questions, please contact the Human Resources Department at (408) 615-2080.

Sincerely,

Ashley Lancaster
Human Resources Division Manager

I accept the terms and conditions of my employment with the City of Santa Clara.

Mark Balderston Date

cc: Chris Karwick, Assistant Director of Electric Utilities

1500 Warburton Avenue ● Santa Clara, CA 95050 ● Phone: 408-615-2080 ● Fax: 408-985-0667 ● www.SantaClaraCA.gov City of
Santa Clara
The Center of What 's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1730 Agenda Date: 1/25/2022

REPORT TO COUNCIL

SUBJECT
Consider the Senior Advisory Commission’s Transportation Interest Letter and Request for Referral of the topic to the Council Priority Setting Session

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
In October 2016, the City of Santa Clara adopted the World Health Organization’s (WHO) Age- friendly Cities Framework which proposes eight (8) interconnected domains that can help to identify and address barriers to the well-being and participation of older people in the community as well as to help cities align their policies and programs to address gaps based on available resources. The Age-friendly Cities Framework’s domains include: Economics and Employment; Community; Housing; Outdoor Spaces and Buildings; Transportation and Streets; Health, Wellness, and Nutrition; and Social and Civic Engagement. In 2017, the Parks & Recreation Department conducted a Senior Needs Assessment (SNA) using the domains as areas of focus to assess the needs of older adults (persons over 50 years) living in Santa Clara. Since then, the Senior Advisory Commission has used both the SNA and the eight (8) domains- as areas of focus for discussion and to develop the Commission’s annual Work Plan goals and activities.

In 2020/21, the domain of “Transportation and Streets” became an area of interest and focus for the Commission, and a subcommittee was formed to gather information. The Commission reviewed the SNA results regarding transportation and identified several transportation challenges for seniors, such as:
· limited public bus and train routes that serve neighborhoods away from main streets; · limited weekend public transportation options; and,
· increased traffic congestion poses a challenge to the safety of pedestrians and motorists.

The SNA also identified senior’s interest in:
· a safe and accessible shuttle service to serve older adults; · more bus stops near public facilities, such as libraries and closer to homes to reduce walking distances; and,
· more frequent buses.

The Commission subcommittee also gathered information about door-to-door ride services and shuttle services, as well as funding strategies found in other cities in Santa Clara County. The Commission received informational presentations from other cities who have shuttle services and conducted personal outreach in the region. They were interested in the models found in the West Valley Shuttle, Marguerite Shuttle in Palo Alto, and the Mountain View Shuttle.

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22-1730 Agenda Date: 1/25/2022

DISCUSSION
The Commission recognizes that transportation involves multiple agencies and resources beyond the capacity of the Commission. It is, therefore, interested in broadening the conversation within the City, first to better understand the size/scope of the issue (senior transportation), current public and private programs/services and available funding sources addressing the need, and then study any remaining service gap(s) in Santa Clara.

The Commission subcommittee on transportation drafted a Transportation Interest Letter. The intent was to request Council consideration and prioritization of a formal study of the issue(s), including public input, so that additional resources can be allocated to study and analyze the current transportation resources and potential need for additional transportation and/or shuttle services in the City. The cost, funding source, and staff support necessary for this study have not been identified and currently the suggested study is not within the City’s workplan or capacity. To be clear, the Commission is not recommending a shuttle service at this time, rather consideration of additional resources needed in order to study the potential transportation needs and gaps in service to seniors.

At the May 24, 2021 Senior Advisory Commission meeting, the Commission approved the Transportation Interest Letter (Attachment 1), to be forwarded to the City Council for consideration at the Council priority setting session in 2022.

This is a topic that the Council can discuss at its February 8 Policy Priority Session.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 153778(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The cost of staff time and/or consultant resources is unknown at this time and would be based on the size and scope of the project.

COORDINATION
The report was coordinated with the Finance Department, the City Attorney Office and the City Manager Office.

RECOMMENDATION
Review the Senior Advisory Commission Transportation Interest Letter and refer the issue of a transportation needs analysis to the Council Priority Setting Session.

Reviewed by: James Teixeira, Director of Parks & Recreation City of Santa Clara Printed on 1/20/2022Page 2 of 3
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22-1730 Agenda Date: 1/25/2022
Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Senior Advisory Commission - Transportation Interest Letter City of Santa Clara Printed on 1/20/2022Page 3 of 3
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Attachment 1

Senior Advisory Commission
Transportation Interest Letter
Background.

The Senior Advisory Commission (SAC) develops a work plan and goals to focus the SAC efforts throughout the year. The City of Santa Clara became a World Health Organization Age-Friendly City in 2017 and completed a Senior Needs Assessment in that same year. The Assessment considers the eight (8) domains of the World Health Organization’s Age-Friendly City. The eight (8) domains include: Economics and Employment; Community; Housing; Outdoor spaces and Buildings; Transportation and Streets; Health, Wellness, and Nutrition; Social and Civic Engagement; and Access to Community Resources and Information. Subcommittees were developed to focus their attention on four of the domains. Transportation for seniors was a topic of interest with the 2017 Senior Needs Assessment. The SAC has reviewed the Senior Needs Assessment results regarding transportation and learned about shuttle services and different funding strategies in other cities in the County. The SAC recognizes that this topic is beyond the scope of the SAC and has expressed interest to advance the conversation in the City. By way of this interest letter, they endeavor to provoke City prioritization to analyze the current transportation resources and potential need for additional transportation and/or shuttle services in the City. At the May 24, 2021 Senior Advisory Commission Meeting, the Commission recommended forward the communication below to Council.

To: City Council
From: Senior Advisory Commission
Date: May 24, 2021
Subject: Transportation Interest Letter
The Senior Advisory Commission is committed to making a positive impact on the lives of seniors in Santa Clara.

We have reviewed the most recent Senior Needs Assessment and are addressing several issues within our scope through workshops and information disemination as the current situation allows. The most pressing need identified for Santa Clara seniors is for more and better transportation.

The public transportation option in Santa Clara is limited to VTA which has been reducing service not enhancing it. We have been in conversations with our peers in other cities and have learned that virtually all of our neighboring cities, throughout the peninsula are providing specialized, frequent, affordable transportation within their boundaries for their citizens. It is our understanding that these services can often be funded partially or completely with grants. We request the Mayor and City Council put transportation on the work plan for the coming year with the goal of providing local transportation to all citizens.

This would be a direct benefit to the seniors of Santa Clara and would; serve the needs of all citizens for short trips, reduce local traffic, and significantly reduce carbon emissions.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-1657 Agenda Date: 1/25/2022

REPORT TO CITY COUNCIL

SUBJECT
Action on Sustainable Communities Project Exemption and Architectural Approval for a 59-Unit Affordable Mixed-Use Project Located at 3941 Stevens Creek Boulevard

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant (CRP Affordable Housing and Community Development) is proposing to build a 100% affordable, 59-unit residential mixed-use building on a 0.58-acre project site located at the northeast corner of Stevens Creek Boulevard and Buckingham Drive (3941 Stevens Creek Boulevard). The Project Site is currently developed with a vacant single-story building located on the central-southern portion of the site that was formerly a car wash use. The proposed structure would replace the existing commercial building and associated parking area onsite.

Surrounding land uses comprise a five-story multi-family residential building to the north, a one-story, retail music shop building to the east, one- and two-story commercial/retail buildings to the west across Buckingham Boulevard, and one-story commercial car dealership and associated surface parking areas to the south along Stevens Creek Boulevard.

Project Description
The proposed mixed-use building will be six-stories (72 feet-six inches in height at top of parapet) and include a 2,630 square foot commercial leased area on the ground floor along with a lobby, utility and amenity space. The 59-unit 100% affordable development will have a density of 101.7 du/ac. The proposed building would be approximately 88,087 square feet resulting in an overall Floor Area Ratio (FAR) of 3.48, and a commercial FAR of 0.10.

The affordable units will be provided with 46 units at 60% AMI, six units at 50% AMI, and six units at 30% AMI. The project includes one market rate unit for a property manager. These units include 10 one-bedroom units (average size of 531 to 608 square feet), 20 two-bedroom units (average size of 800 to 843 square feet), 24 three-bedroom units (average square footage of 1,077 to 1,315 square feet), and five four-bedroom units (average size of 1,295 to 1,315 square feet).

The project would provide approximately 3,857 square feet of common/amenity space. Amenities include a 781 square-foot lobby area, indoor mailboxes, on-site management offices, and secured bike storage, on the ground floor. On upper floors it includes a community room, communal laundry facilities, a teen room, and multiple additional flex spaces throughout. The proposed community room would be located on the second floor and spills out onto a 4,494 square foot podium courtyard where play areas will be provided for residents.

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The project include 32 vehicular parking spaces and approximately 28 bicycle spaces, located within a secured bicycle storage room within the building and eight spaces located on the exterior of the building.

Hearing Process
The applicant has applied to the State for tax-exempt bonds to help finance their project and the project must meet certain thresholds in the City’s entitlement process by early February in order to maintain their bond financing. The applicant filed a preliminary application with the City for the proposed project under Senate Bill 330 (SB 330) on July 8, 2021 and a formal application for Architectural Review was submitted on September 20, 2021.

The applicant is proposing to use the Sustainable Community Project Exemption to satisfy California Environmental Quality Act (CEQA) review requirements. The City Council is the appropriate body to make the determination that the project qualifies for the use of this Exemption. The project must proceed with an expedited schedule to meet funding requirements. As such, the Architectural Review application is being brought forward to City Council for consideration as a joint item with the Sustainable Community Project Exemption. The typical process would be for an architectural review application to be subsequently considered through the City’s Development Review Hearing.

DISCUSSION
The City’s review of the project is focused on General Plan and Zoning Consistency, as well as Architectural Review for conformance with any objective standards adopted by the City.

General Plan and Zoning Conformance
The General Plan land use designation for the project site is Community Mixed-Use (CMU), which is intended for a mix of residential and commercial uses along major streets, and the zoning designation is Thoroughfare Commercial (CT), which does not allow for any residential uses.

Therefore, the applicant is utilizing the provisions of Assembly Bill 3194 (2018) (AB 3194), which amended the Housing Accountability Act, to supersede local land use regulations to allow development of a housing project without a rezoning, if the zoning district for the project site is inconsistent with the General Plan (Gov’t Code § 65589.5(j)(4)). To utilize AB 3194, there must be a zoning designation that the project falls within and that is consistent with the General Plan land use designation, except for residential density. In this case, the Very High Density Mixed-Use (VHDMU) zoning district can be utilized for the project as it is consistent with the Community Mixed-Use General Plan land use designation.

The allowable residential density range for CMU is ordinarily 20-36 du/ac. The project will be 100% affordable, allowing the developer to get a “super” density bonus under the Density Bonus Law (AB 1763). As per Santa Clara City Code Section 18.78.060, the Density Bonus Housing Agreement must be approved prior to the issuance of building permits for the parcels or units. As the applicant must obtain building permits by early February to maintain their bond financing, time is of the essence. For 100% affordable projects, the following bonus applies: “If the housing development is located within one-half mile of a major transit stop, the city . . . shall not impose any maximum controls on density.” A “major transit stop” includes the intersection of two bus lines, provided that each has a maximum of 15-minute headways during peak commute periods. Here, the project site qualifies for this unlimited density by being located within one-half mile of the intersection of Valley Transportation Authority (VTA) bus line 57 on Kiely Boulevard and VTA line 23 on Stevens Creek Boulevard, all of which have City of Santa Clara Printed on 1/21/2022Page 2 of 5
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15-minute headways during rush hour.

The VHDMU zoning district is intended to provide for transit- and pedestrian-oriented mixed use development comprised of very high density housing over fifty (50) dwelling units per acre and up to and including one hundred twenty (120) dwelling units per acre in conjunction with local and regional serving commercial uses that link with existing and planned transit facilities to support and maximize transit use. With the exception of the residential density, this zoning designation is consistent with the General Plan CMU designation, and thus could be used under AB 3194.

Architectural Review - Objective Standards
The project also utilizes Senate Bill 330 (SB 330), which limits the City’s the review of the project to objective, quantifiable, written development standards, conditions, and policies appropriate to meet regional housing need. For projects not subject to SB 330, the City’s architectural review ordinance directs the City to make findings based on whether the project would affect the desirability of investment in the neighborhood, whether the project is in keeping with the character of the area, and whether the project would adversely affect the health, comfort, and welfare of persons in the neighborhood. As all of these findings are subjective, they can no longer be a part of the City’s architectural determination for most residential projects, and so no architectural findings resolution has been prepared. Instead, the Council’s architectural review is limited to a determination of whether the project meets objective City Code requirements and objective architectural guidelines.

The City’s Project Clearance Committee reviewed this project on January 11, 2022 and found the project in compliance with objective city standards and general plan policies, subject to the attached Conditions of Approval. The City’s applicable objective standards include parking requirements, setbacks and height limitations.

The project includes 32 vehicular spaces where 84 are normally required under the VHDMU zoning district. However, State Density Bonus Law provides that for a 100% affordable development within a half-mile of a major transit stop, the City “shall not impose vehicular parking standards,” Gov’t Code § 65915(p)(3). As such, the City cannot require any parking, and the 32 spaces that the applicant is providing for the dwelling units are voluntary. The applicant is also requesting one concession as allowed under the Sate Density Bonus Law, to provide zero parking spaces for the 2,630 square foot ground floor commercial space.

The maximum height limit in the VHDMU zoning district is limited only by Federal Aviation Administration (FAA) restrictions. There is no maximum building coverage in this zone; however, all development is subject to providing adequate pervious area to meet stormwater requirements. The project conforms to these requirements. The proposed project meets the intent and the development standards for building height and setbacks for the VHDMU district and therefore may proceed consistent with AB 3194.

Community Meeting
The developer held a community meeting on November 18, 2021. A flyer was mailed to property owners within 1,000 feet of the project site and the City used social media to share the meeting participation information with the broader community. The meeting had approximately 15 attendees.

Comments received were focused on affordability terms, expected tenants, funding source, use of the commercial component, and development timeline.

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Conclusion
The project would be consistent with the City’s General Plan, as well as applicable Zoning Code requirements and objective design standards. Council approval would facilitate the development of affordable housing within Santa Clara consistent with the City’s land use regulations and State provisions.

ENVIRONMENTAL REVIEW
The applicant is requesting that the City Council consider and decide whether the proposed project qualifies for a Sustainable Communities Project Exemption (SCPE), pursuant to Public Resources Code (PRC) Section 21155, et seq. PRC Section 21155.1 provides that projects are statutorily exempt from California Environmental Quality Act (CEQA) if a hearing is held by the City Council and the City Council finds, based on the whole of the administrative record, that the project qualifies as a transit priority project, as defined by PRC Section 21155(b), and further meets the environmental criteria of PRC § 21155.1(a), land use criteria of PRC § 21155.1(b), and affordability or open space criteria of PRC § 21155.1(c). (See Attachment 2 for a detailed explanation of these requirements).

A “transit priority project” pursuant to PRC § 21155(b) is defined as a development project with at least 50 percent of the square footage devoted to residential uses, , providing a minimum net density of at least 20 units per acre, and located within one-half mile of a major transit stop. Here, the project meets these requirements because 92.6% of the building square footage is devoted to residential units, the density is 101.7 du/ac, and the project is approximately 135 feet from a major transit stop.

The SCPE potentially applies to TPPs that are consistent with the area sustainable communities strategy, which for the bay area is Plan Bay Area. Specifically, the project must be consistent with (1) the general use designation, (2) the density, (3) the building intensity, and (4) applicable policies specified for the project area. PRC § 21155(a). As detailed in Attachment 2, the project meets all of these requirements. A copy of the SCPE and all associated attachment are also available on the City’s project webpage.

Of the myriad requirements for a project to qualify as a SCPE, one of the most stringent applies to energy efficiency. There is a requirement in the statute that the project’s buildings must be 15 percent more energy efficient than required by the California Energy Code (CEC), and the buildings and landscaping must be designed to achieve 25 percent less water usage than the average household use in the region. PRC § 21155.1(a)(8). As detailed in Attachment 2, the Applicant prepared an analysis demonstrating that the project will achieve 15.1% greater energy efficiency than CEC requirements, and the water use will be 38.6% below average household water use for Santa Clara. The City’s Building Division and Water & Sewer Utilities Department verified these calculations.

Planning staff reviewed the SCPE prepared for the proposed project and recommends that the City Council consider and determine that this project is exempt from CEQA pursuant to the Sustainable Communities Strategy, PRC § 21155 et seq.

FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative staff time and expense typically covered by processing fees paid by the applicant.

COORDINATION
This report was coordinated with the City Attorney’s Office.

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On January 14, 2022, a notice of public hearing on this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 1,000 feet of the project site. The Planning Division has received no comments prior to this report.

ALTERNATIVES

1. Adopt a resolution approving the Sustainable Communities Project Exemption to exempt the project from CEQA review, in accordance with PRC Section 21155.1.

2. Approve the architectural review of the 59-unit 100% affordable mixed-use project at 3941 Stevens Creek Boulevard.

3. Authorize the City Manager to negotiate and execute the Density Bonus Housing Agreement in accordance with Santa Clara City Code Section 18.78.060.

RECOMMENDATION

1. Adopt a resolution approving the Sustainable Communities Project Exemption to exempt the project from CEQA review, in accordance with PRC Section 21155.1; and

2. Approve the architectural review of the 59-unit 100% affordable mixed-use project at 3941 Stevens Creek Boulevard.

3. Authorize the City Manager to negotiate and execute the Density Bonus Housing Agreement in accordance with Santa Clara City Code Section 18.78.060.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. The Meridian Entitlement Letter

2. Sustainable Communities Project Exemption

3. Resolution for Sustainable Communities Project Exemption

4. Conditions of Approval

5. Development Plans
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December 21, 2021

Response to PCC Comment P3

The Meridian is a 59-unit affordable housing development located at the corner of Stevens Creek Boulevard and Buckingham Drive in Santa Clara. This large family housing development has a mix of one, two, three, and four-bedroom units wrapped around a central podium courtyard. The building is six stories, with five stories of residential units located over ground floor garage parking and residential amenity space. The ground floor is designed to have a strong storefront presence along Stevens Creek Boulevard. It will be activated by residential lobby, mail, office areas, and secured bike storage.

The project utilizes a density bonus for a reduction of parking requirements and satisfies the Transit Adjacency requirement under AB1763 which allows for four concessions, and a height increase of 33’ or 3 stories. Based on the current proposal, the project complies with the Very High Density Mixed Use (VHDMU) Regulations and seeks only one concession, incentive, or waiver.

The project is also utilizing a Sustainable Communities Project Exemption (SCPE) as the project:
(a) is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in a sustainable communities strategy (see California Public Resources Code Section 21155(a)); and (b) is a “transit priority project” (as defined in California Public Resources Code Section 21155(b)).

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3941 STEVENS CREEK BOULEVARD PROJECT

SUSTAINABLE COMMUNITIES PROJECT CEQA

EXEMPTION

1.0 Project Description
CRP Affordable Housing and Community Development (the Applicant) proposes to demolish an existing car wash building and associated surface parking area to construct a 59-unit 100 percent affordable housing development and ground-floor commercial/retail use at 3941 Stevens Creek Boulevard (Project Site) within the Stevens Creek Boulevard focus area in the City of Santa Clara, as shown on Attachment A. Surrounding land uses are comprised of a five story multi-family residential to the north, a one-story, retail music shop building to the east, one- to two-story commercial/retail buildings to the west across Buckingham Boulevard, and one-story commercial car dealerships and associated surface parking areas to the south along Stevens Creek Boulevard , as shown in Attachments A1 and A2.

The Project Site is zoned Thoroughfare Commerc ial (CT), but intends to utilize the development standards of the Very High Density Mixed Use (VHDMU) zone pursuant to AB 3194 (2018); and has a land use designation of Community Mixed Use, which allows for a high-density, transit-oriented residential district with supportive retail services. The VHDMU zoning designation allows for a minimum dwelling unit density of 50 units per acre and a maximum dwelling unit density of 120 units per acre in conjunction with local and regional serving commercial uses that link with existing and planned transit facilities to support and maximize transit use . The maximum height limit in the VHDMU zoning district is limited by Federal Aviation Administration (FAA) restrictions . There is no maximum building coverage in this zone; however, all development is subject to providing adequate pervious area to meet stormwater requirements.1

The Project Site is also in close proximity to the Stevens Creek Boulevard/Sa ratoga Avenue Santa Clara Valley Transit Authority (VTA) Bus Stop No. 60583 (approximately 200 feet east) and, therefore, would benefit from Transit Adjacency development incentives, which allows for four concessions (allowances), and a height increase of 33 feet or 3 stories. The Applicant would apply for one concession to reduce the parking requirement of the development.

1 City of Santa Clara. 2021. Chapter 18.22, Article III - Regulations for the Very High Density Mixed Use (VHDMU) Zoning District. Available at https://www.codepublishing.com/CA/SantaClara/html/SantaClara18/SantaClara1822.html#18.22.230, accessed September 23, 2021.

CEQA Exemption
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The Project Site consists of a vacant car wash within one single-story building located on the central-southern portion of the site. The building is divided into one retail unit and one car wash unit, including office rooms, restrooms, storage , and equipment areas. In addition to the current structure, the Project Site is improved with a concrete -paved driveway and parking areas, two trellis structures, one canopy cover, two dumpster/trash enclosures, perimeter fencing, and associated landscaping throughout. An unmaintained street planter fronts the Project Site along the southern and western boundary . Shrubs are located on the sou thwest corner of the property and wrap around the Project Site along a portion of the western boundary. Ornamental vines cover a stem wall located along the eastern property boundary. Ornamental trees and shrubs occur along the northern site boundary and a ppear to provide visual screening between the Project Site and a concrete block stem wall that forms the property boundary between the site and the multifamily building to the north.

The Project Site has been historically used for automobile operations and has been impacted by petroleum hydrocarbons and/or volatile organic compounds (VOCs) found in underlying soils. The Project Site is not eligible for inclusion on the National or California registers for historic resources and/or property.

The Project requires a Development Review by the City’s Project Clearance and Subdivision Committees (PCC/SC) for Project compliance and consistency with the City’s General Plan, Zoning Ordinance, City Codes, and other regulations and standards. The Project would require an Architectural Review p ursuant to Chapter 18.76 of the Santa Clara Zoning Code, which requires architectural review prior to issuance of any building permits.

With utilization of the concessions described above, the Project would develop a 6-story (72 foot six inches in height [at top of parapet] ), 59-unit residential apartment building, including 10 one-bedroom units with an average size of 531 to 608 square feet, 20 two- bedroom units with an average size of 800 to 843 square feet, 24 three -bedroom units with an average square footage of 1,077 to 1,315 square feet, and five four-bedroom units with an average size of 1,295 to 1,315 square feet. The ground floor of the proposed building would include 1,750 square feet of amenity space , 2,630 square feet of commercial/office space, as well as utility areas and a lobby. The proposed structure would replace the existing commercial building and associated parking area onsite.

Parking would be provided onsite within one surface level parking lot offering approximately 3 2 parking stalls, which is less than the 84 residential parking stalls required by Chapter 18. 22 (Regulations for Various Mixed Use Combining Zoning Districts) of the Santa Clarita City Code for development within a VHDMU Zoning District.

However, pursuant to Assembly Bill (AB) 1763 (Chiu), which amends Section 65915 of the Government Code (Density Bonus Law), the Project would be required to provide 30 vehicle parking stalls. As indicated within Attachment D, the Project would provide a total of 32 vehicle parking stalls.

CEQA Exemption
City of Santa Clara 3941 Stevens Creek Boulevard Project Sustainable Communities Project CEQA Exemption December 2021

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In addition, the Project would include indoor and outdoor bicycle storage areas, which would provide approximately 36 bicycle parking spots. Approximately 28 bicycles would be located within a secured bicycle storage room within the building. The remainder of the bicycle parking stalls (eight) are located on the exterior of the building.

The Project would provide approximately 3, 857 square feet of common/amenity space.

Amenities include a 781 square-foot multi-purpose community room on the ground floor, indoor mailboxes, on-site management offices, secured bike storage, communal laundry facilities, a teen room, and multiple additional flex spaces throughout. The proposed multi- purpose community room would be located on the second floor and spills out onto a 4,494 square foot podium courtyard where play areas will be provided for residents . The proposed building would be approximately 88,087 square feet of floor area and a Floor Area Ratio (FAR ) of 3.48:1.2 The Project would meet or exceed all City of Santa Clara current building code and Santa Clara City Code requirements. The Project would integrate a variety of eco-friendly practices where feasible, such as including Energy Star appliances, water saving/low flow fixtures, non -VOC paints/adhesives, drought tolerant planting, high- performance building development, solar photovoltaic arrays, and the use of eco-friendly building materials, systems, and features.

2 Gross building Area: 88,087 square feet / Property Area: 25,300 square feet = 3.48:1 CEQA Exemption
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2.0 Sustainable Communities Strategy Criteria
As discussed below, a Sustainable Communities Project Exemption (SCPE) may be prepared for a project that: (a) is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in a sustainable community’s strategy (see California Public Resources Code Section 21155(a)); and (b) is a “transit priority project” (as defined in California Public Resources Code Sec tion 21155(b)). As further described below, the Project meets these criteria and, thus, is eligible for certain California Environmental Quality Act (CEQA) streamlining benefits by way of preparing a SCPE for purposes of clearance under CEQA.

The Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC) are the metropolitan planning and transportation organizations for the Project Site area, and in that capacity bear the responsibility under Senate Bill 375 to implement and administer regional transportation plans (RTP) and sustainable communities’ strategies (SCS) for purposes of achieving the goals for reducing greenhouse gases as envisioned by Assembly Bill 32.

Under the requirements of Senate Bill 375, the MTC and ABAG jointly prepared Play Bay Area 2040, which serves as the region’s RTP/SCS. Plan Bay Area 2040 is a long-range visioning plan for the nine-county ABAG region that highlights the existing land use and transportation conditions throughout the ABAG region and forecasts how it will meet the region’s transportation needs between 2013 and 2040, as well as achieve CARB’s GHG emissions reduction targets.

Specifically, the Plan Bay Area 2040 specifies the strategies and investments to maintain, manage, and improve the region’s transportation network, which includes improvements to bicycle and pedestrian facilities, local streets and roads, public transit systems, and highways. Plan Bay Area 2040 also calls for focused housing and job growth around high- quality transit corridors, particularly within areas identified by local jurisdictions as Priority Development Areas (PDAs). This land use strategy is anticipated to enhance mobility and economic growth by linking the location of housing and jobs with tran sit, thus offering a more efficient land use pattern around transit and a greater return on existing and planned transit investments. In March 2018, CARB officially determined that the Plan Bay Area 2040 would achieve CARB’s 2040 GHG emission reduction target.

The ABAG/MTC Plan Bay Area 2050 Regional Transportation Plan/Sustainable Communities Strategy (Plan Bay Area 2050 ) is ABAG’s most recent update to the Plan Bay Area 2040. Like Plan Bay Area 2040, Plan Bay Area 2050 is a long-range visioning plan for the nine-county ABAG region that highlights the existing land use and transportation conditions throughout the ABAG region and forecasts how it will meet the region’s transportation needs between 2020 and 2050, as well as achieve CARB’s GHG emissions reduction targets.

CEQA Exemption
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Specifically, Plan Bay Area 2050 connects the elements of housing, the economy, transportation, and the environment through 35 strategies that will make the Bay Area more equitable for all residents and more resilient in the f ace of unexpected challenges.

In the short-term, the plan’s Implementation Plan identifies more than 80 specific actions for MTC, ABAG , and partner organizations to take over the next five years to make headway on each of the 35 strategies. On October 21, 2021, the MTC and the Executive Board of the ABAG jointly adopted Plan Bay Area 2050 and its related supplemental reports. CARB has not yet approved Plan Bay Area 2050. Collectively, Plan Bay Area 2040 and Plan Bay Area 2050 demonstrate how the ABAG region will achieve CARB’s identified GHG reduction targets, and for this reason, this SCPE addresses the consistency of the Project with both plans.

SUSTAINABLE COMMUNITIES’ STRATEGY CRITERIA – Public Resources Code (PRC) Section 21155
PRC § 21155(a). Consistency with the general use designation, density, building intensity, and applicable policies specified for the project area in a sustainable communities’ strategy.

Consistent?
Yes No
As described in Section 1, Project Description, the Project would develop a 59-unit mixed-use building at 3941 Stevens Creek Boulevard. The Project would be developed on a rectangular-shaped site comprised of one legal parcel totaling approximately 25,300 square feet ( 0.58 acres) that is currently developed with a vacant car wash and associated surface parking area. The Project would develop a 6-story mixed-use building with 59 dwelling units and 2,630 square feet of commercial /office space. All residential units would be restricted as affordable housing units.

Pursuant to Chapter 18. 22 (Regulations for Various Mixed Use Combining Zoning Districts) of the Santa Clara City Code, the Project is required to provide 84 parking stalls for VHDMU zoning districts .3 However, pursuant to Assembly Bill (AB) 1763 (Chiu), which amends Section 65915 of the Government Code (Density Bonus Law), affordable housing projects within one -half mile of a major transit stop with unobstructed access to i t, may provide 0.5 parking stalls per unit (exclusive of handicapped and guest parking). As the Project Site is located 200 feet west of VTA Bus Stop No. 60583, the Project would qualify for this parking reduction and would be required to provide 30 parking stalls. The Project would provide 32 vehicle parking stalls in the apartment building within one surface parking area accessed by an existing curb cut located on Buckingham Drive . The Applicant proposes the provision of two additional parking stalls for guest use, as feasible.

The proposed apartment building would be approximately 72 feet and 6 X

3 Section 18.22.260 (Parking Requirements [for VHDMU]), requires a minimum of three parking stalls per 1,000 square feet of commercial uses, one parking stall per studio/one-bedroom dwelling unit, and 1.5 stall for dwelling units with two or more bedrooms; however, up to 20 percent of total proposed parking stalls (16 stalls) could be shared between commercial and residential uses.

CEQA Exemption
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City Council and Authorities ConcurrentJanuary 25, 2022

City Council and Authorities Concurrent
January 25, 2022