City Council and Authorities Concurrent
April 19, 2022

Design Professional Agreement with Gates and Associates/Exhibit E – Milestone Schedule Rev. 04-12-21

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT

EXHIBIT E

MILESTONE SCHEDULE
Phase I Duration
Preliminary Engineering/Evaluation 6 weeks
Community Outreach 6 weeks
Parks and Recreation Commission & City Council Meeting 7 weeks Phase II
35% Construction Documents (including 4 weeks City review) 10 weeks 75% Construction Documents (including 4 weeks City review) 10 weeks 100% Construction Documents (including 4 weeks City
review) 9 weeks
Bid Documents (including 3 weeks City review) 8 weeks
Bid and Award Phase
Provide clarifications and assistance during the bidding phase to satisfactorily answer any questions from prospective bidders
2 days
response time
Project Close-Out
Prepare Record Drawing 2 weeks
EBIX Insurance No. S200004741

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Gates and Associates Landscape Architecture, Inc., a California Corporation, (Consultant). City and Consultant may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services"; B. "Design professional" includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Consultant represents that it, and its subconsultants, 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 City; and,
D. 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 City and Consultant 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
Design Professional Agreement with Gates and Associates Rev. 09-28-18

Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum (if applicable)
Exhibit E - Milestone Schedule
Exhibit F - Project Management Document Software
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes 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 the July 7, 2021 and terminate on at the completion of work described in Exhibit A - Scope of Services.

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

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.

B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.

4. WARRANTY
Consultant 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. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.

Design Professional Agreement with Gates and Associates Rev. 09-28-18

5. QUALIFICATIONS OF CONSUL TANT - STANDARD OF CARE
Consultant 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 City expressly relies upon Consultant's representations regarding its skills and knowledge. Consultant 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.

All documents furnished under Exhibit A shall be of a quality acceptable to City.

The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects.

6. COMPENSATION AND PAYMENT
In consideration for Consultant's complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is ninety-two thousand eight hundred seventeen dollars ($92,817) 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 excess of the maximum compensation shall be at Consultant's expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A.

B.

C.

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

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

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 , Consultant will deliver to City all City information or material that Consultant has in its possession.

Design Professional Agreement with Gates and Associates Rev. 09-28-18

8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant 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 City. Consultant shall not hire subconsultants without express written permission from City.

Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant 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 CONSUL TANT
Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or materials under this Agreement are independent consultants and do not act as agent(s) or employee(s) of City. Consultant has full rights to manage its employees in their performance of Services under this Agreement.

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 Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, 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 Consultant which is otherwise known to Consultant 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 City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant 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.

Design Professional Agreement with Gates and Associates Rev. 09-28-18

13. RIGHT OF CITY TO INSPECT RECORDS OF CONSUL TANT
City, 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 Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant 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 City.

Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Consultant's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, 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, to the extent arising out of, pertaining to, or related to the negligence, recklessness , or willful misconduct of the Consultant, its employees, subconsultants, or agents in the performance, or non-performance, of Services under this Agreement.

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

16. WAIVER
Consultant agrees that waiver by City 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 City's review, acceptance nor payments for any of the Services required under this Agreement 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.

Design Professional Agreement with Gates and Associates Rev. 09-28-18

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

City of Santa Clara
Attention: Department of Public Works - Design Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Consultant addressed as follows:

GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

Attention: Linda Gates
2077 Gateway Place, Suite 550
San Jose, CA 95110
and by e-mail at [email protected]
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
Consultant 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, Consultant'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 Consultant has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Design Professional Agreement with Gates and Associates Rev. 09-28-18

following , and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Consultant 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 CITY NAME OR EMBLEM
Consultant shall not use City'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 City.

22. GOVERNING LAW AND VENUE
This Agreement shall be 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.

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.

26. STATEMENT OF ECONOMIC INTERESTS
Due to the nature of the Services to be performed, Consultant shall promptly file a Statement of Economic Interests (Form 700) upon commencement of the Design Professional Agreement with Gates and Associates Rev. 09-28-18

I I
· Agreement in accordance with California Government Code section 87200, et seq.

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:

BRIAN DOYLE
City Attorney

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Olgltally signed by Calo Arellano
Doto: 202 1.07.2111:13:19
-07'00'

1. ):)EAir-A~ NA
'7 City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.
a California Corporation
By (Signature): __ '-'.,,_,... __________ _ __ _
Dated: 1/tJ:(
Name: Lindaale5
Title: Director of Strategy
Principal Place of 2671 Crow Canyon Road
Business Address: San Ramon, California 94583
Email Address: [email protected]
Telephone: (925) 736-8176
Fax: (925) 833-8901
"CONSULTANT'
Design Professional Agreement with GATES AND ASSOC/A TES Rev. 09-28-18 Page 8

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT

EXHIBIT A

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

I. GENERAL
This Scope of Services is anticipated as necessary to meet City's objectives as described under Section II, BACKGROUND AND PROJECT, and Section 111, DESCRIPTION OF SERVICES of this document. Consultant and City agree that this Scope of Services incorporates Consultant's professional qualifications and experience and will meet the City's objectives.

Consultant will be expected to provide complete, professional, high-quality Services and products; to consult City personnel, and others who are involved with the project; and to provide the expertise, guidance, advice, and assistance in accomplishing the work.

11. BACKGROUND AND PROJECT
Dedicated in 1961, 1. 75 acres Westwood Oaks Park (Park) contains a recreation building, restrooms, an open play area, a playground, and various park amenities.

The Park is bounded by La Herran Drive to the east, and residential properties to the north, west, and south. Park's playground and community building are located at 460 La Herran Drive. The site was assessed for condition in 2017 and the playground was deemed to be in critical condition while the building is in poor condition.

The Westwood Oaks Playground Rehabilitation Project (PROJECT) will be completed in two distinct phases. The first phase of the PROJECT is covered by this Agreement and includes the following scope of work: site, facility, and technology assessment; ADA evaluation, community outreach; develop a site specific master plan and schematic playground rehabilitation plan; obtain a recommendation for approval from the Parks & Recreation Commission and City Council. After City Council has approved the site specific master plan and schematic playground rehabilitation plan, the City will coordinate with the Consultant to amend this Agreement to include the second phase of the Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 1
PROJECT. The second phase scope of work includes develop selected playground schematic playground rehabilitation plan into bid documents (plans, specifications, and engineer's estimate - PS&E) for public works bidding; provide assistance in obtaining Building and Fire permits for the design plans; and provide engineering support services during bid and award, construction, and post-construction phases.

Ill. DESCRIPTION OF SERVICES
All design work shall be done in accordance with the Department of Transportation Standard Specifications and Details, City Standard Plans and Specifications, ADA Design Guidelines, latest building and fire codes, and other applicable codes and standards recommended by the Consultant. Below is an outline of required services; however, it is the responsibility of the consultant to independently assess the PROJECT and provide improvement recommendations to meet the goals for this PROJECT.

Phase I of the PROJECT:

1. Perform site, architectural, facility, and technology assessment (for the park building).

2. Evaluate ADA pedestrian pathway

3. Perform robust community outreach (surveys, meetings, consensus building etc.), to develop Site Specific Master Plan and Playground Schematic Plan (all inclusive)

4. Obtain a recommendation for approval from the PRC and subsequent approval from CC.

Consultant shall provide the Services described herein through a project team, comprised of Consultant and sub-consultants identified as follows:

1. Consultant: GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

2. Sub-consultants to GATES AND ASSOCIATES LANDSCAPE
ARCHITECTURE, INC.:
1) Sand is - Surveying and Civil Engineering
2) BSK Engineers - Geotechnical Engineering
3) HY Architects - Building Assessment
4) Atium Engineer - Electrical Engineering
5) Hortscience - Arborist
6) Capital Engineering - Mechanical and Plumbing Engineering 7) KYASE - Structural Engineering
8) David Powers & Associates - Environmental
9) Proactive Risk Solutions - Certified Playground Inspector Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 2
Any changes to the project team through the course of the Services shall be approved in writing by City.

IV. RESPONSIBILITIES OF CITY
CITY will provide the following information and support for the project as-available and applicable:

A. Record drawings (as-available)
B. CITY's Standard Details, Specifications, Benchmark, and Design Criteria.

C. Storm Drain (SD), Sanitary Sewer (SS), Electric, Fiber, Water and Recycled Water Block Book Maps (as-available).

D. Geographic Information System (GIS) data including land parcels, street centerlines, City sanitary sewers, City storm drains, and aerial photographic tiles
E. Payment of permit application fees with other internal departments, if required.

F. Filing exemption under the California Environmental Quality Act, if applicable.

Besides the above, the City will work closely with the consultant to provide any other data or records, as available and necessary for the work involved.

V. BASIC SCOPE OF SERVICES

PROJECT MANAGEMENT
CONSULTANT shall:

1.1 Manage its team and overall project activities consistent with the direction from CITY in order to meet the project schedule and budget. Manage sub-consultants, maintain schedule and budget, anticipate and mitigate potential design issues and delays and coordinate and update the City on the overall progress of the Project.

1.2 Any field work that involves subsurface excavation and/or coring, consultant is required to submit plan of work to the City for review and approval prior to proceeding.

1.3 Organize and attend project meetings with the City to discuss project progress, decisions, and direction and to coordinate activities. Meetings shall be held at key project milestones and shall include, but are not limited to:

1.3.1 Kick-off Meeting (Phase I)

1.3.2 Preliminary/Evaluation Meeting (Phase I)

1.3.3 Community meeting (Phase I)

1.3.4 Parks and Recreation Commission Meeting (Phase I)

1.3.5 City Council Meeting (Phase I)
Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 3

1.4 Coordinate with CITY, design team members, consultants, utility companies, other government agencies, and other affected parties as required throughout the duration of the project as well as the Quality Assurance/Quality Control (QA/QC) activities for project deliverables.

1.5 Prepare, monitor, and update progress schedule in MS Project format beginning at the kickoff meeting and ending at contract award for the last submittal package.

Schedule shall show significant milestones for the project. CONSUL TANT shall notify CITY if there are delays or potential delays in any phase of the project. In such cases, CONSUL TANT shall make up the schedule in subsequent phases of the project or provide information to CITY substantiating a request for time extension (which may not be approved). The schedule shall be maintained at all times and shall be updated each time progress and milestones are achieved and/or changed.

1.6 Meetings: Meetings shall be budgeted for and invoiced under each respective Task or activity requiring a meeting and not as project management. Preparation for meetings shall be considered as included in the Task or activity for which the meeting is involved. A kick-off meeting shall be conducted with designated CITY staff prior to beginning work to review anticipated Tasks and schedule, review available information and needs, and address any outstanding questions regarding the project moving forward raised by CITY or CONSUL TANT. During the course of Services while there is active work on the PROJECT, CONSUL TANT shall schedule and attend brief bi-weekly (every other week) conference calls with CITY.

The purpose of the bi-weekly conference calls will be to keep CITY appraised on the PROJECT's progress and address any issues that may arise during the course of Services.

1.7 Provide monthly progress reports.

1.8 Stakeholder Coordination: CONSUL TANT shall coordinate with project stakeholders as needed to inform each stakeholder of the project work and incorporate any necessary accommodations into the final submittal documents.

1.9 Provide Review/Plan Check Log (Response Matrix) summarizing comments received from various City Departments/Divisions and agencies. Response Matrix shall include, but not be limited to, commenting department/division or agency, comments, response to comments, action items, and person responsible for follow up. Consultant shall be responsible for resolving comments from each commenter and shall identify to City any comments that cannot be resolved to have final discussion and resolution. Submit Response Matrix in electronic format with each route of plan check submittal.

1.10 Conduct QC reviews in accordance with its QA Program guidelines.

CONSULTANT shall provide a copy of its QA Program guidelines and shall provide a QC report at the end of each Task. Time spent for QA-QC reviews for specific Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 4
deliverables shall be budgeted and billed under each respective task requiring QAQC review and not as Project Management.

1.11 Invoicing and Contract Administration: CONSUL TANT administrative staff time spent preparing invoices for Services complete shall be considered as included in the overhead of the CONSUL TANT's basic hourly rates and shall not be billed.

Additionally, addressing administrative issues regarding the professional Services agreement, such as preparing additional Services requests or budget modifications, shall also be considered as included in the overhead of the CONSUL TANT's basic hourly rates and shall not be billed.

Deliverables:

1. Progress schedules in MS Project format (submitted electronically as an 11" x 17" pdf file and in native MS Project format).

2. QA Program guidelines and QC reports for each Task (in pdf file).

3. Meeting agendas, preparation materials, and meeting minutes for each project meeting (in pdf file).

4. Monthly progress reports and invoices (in pdf file).

Phase I
Task 1.0: Preliminary Engineering/Evaluation

1.1 Attend Project Kick-Off Meeting.

1.2 Visit Project's site to inspect site conditions , existing equipment, and facilities to determine the existing conditions and propose recommendations to City for the improvements. Contact all regulatory agencies that will affect the proposed works to determine applicable codes and ordinances.

1.3 Perform necessary evaluations of the site, equipment, facilities, and ADA pathway to identify opportunities and constraints and review Facility Condition Assessment completed by the City in 2017. Prepare an evaluation report for the site noting condition of existing facilities , infrastructures, code issues, and regulatory issues.

Provide upgrade or replacement recommendations according to the evaluation and report review.

1.4 Provide draft community and stakeholder engagement strategies.

1.5 Meet with City staff to obtain additional information and input as needed. Provide all necessary design services, including but not limited to landscape, civil, structural, electrical, and mechanical design according to the evaluation and recommendations , and the following design criteria :

1.5.1 2019 California Building Codes.

1.5.2 2019 California Fire Codes.

Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 5

1.5.3 2019 National Fire Protection Association (NFPA): 2019 NFPA 72.

1.5.4 Playcore grant requirements.

1.5.5 Remote alarm/communication for HVAC system.

1.5.6 WIFI and electronic access for building.

1.5. 7 Parks and Recreations Design Standards.

1.5.8 Comply with age-friendly, inclusionary design standards, and values.

1.5.9 Sustainability and green infrastructure guidelines in National Recreation and Park Association (NRPA).

1.5.10 Fall protection system for roof-top equipment (if needed).

1.5.11 Playground safety, hazard identification, equipment specifications, surfacing/space requirements guidelines in NRPA's Certified Playground Safety Inspector (CPSI) program. Consultant shall have CPSI as part of its team.

1.6 Perform geotechnical investigation and provide report.

1. 7 Work with City staff and community to develop park master and playground schematic plan(s).

1.8 Perform needed topographic survey for existing site, plans layout, and final approved improvements (from the evaluation/recommendation) for use as base layout for the Project's master and playground schematic plans.

1.9 Provide project estimate that includes an itemized list of bid items. The project estimate shall be accurate and prepared based upon current construction pricing and escalated to mid construction. CONSUL TANT shall review recent bids, and contact vendors, suppliers, and contractors as necessary to develop an accurate cost estimate. The CONSUL TANT shall provide the assumptions and supporting documents used to prepare the estimate. The project estimate shall consider the following factors:

1. Recent similar Projects bided in the Bay Area, especially in the South Bay.

2. Current economic trend .

3. When the Project will be bided.

4. When construction will occur.

5. The risks that contractors need to consider for the Project.

1.10 Develop project schedule. Schedule shall include all needed times to complete all tasks, including City's review times, permitting process, and construction period.

1.11 Meet with City staff to review City comments on park master and schematic design, and gain concurrence as to how the documents will be revised as appropriate to incorporate City comments.

1.12 Plan, coordinate, schedule, attend meetings, and produce meeting minutes with action items for all meetings with the City as deemed necessary to efficiently complete this phase of the design in a timely manner.

Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 6
Task 1 Deliverables - Electronic and hard copy format:

1. Evaluation report (draft and final) - One (1) PDF of draft and final report and one (1) Microsoft Word file of final report.

2. Soil report - One (1) PDF

3. Draft park master & schematic plans: One (1) PDF and one (1) AutoCAD file.

4. Consultant's CPSI signs off on schematic design for playground with emphasis on all elements of play and related requirements for the playground.

5. Project schedule - One (1) PDF and one (1) Microsoft Project file.

6. Budget estimate - One (1) PDF and one (1) Microsoft Excel file.

7. Miscellaneous project information (as requested).

8. Meeting minutes - one (1) PDF and one (1) Microsoft Word file.

Task 2.0: Community Outreach
Consultant shall work closely with City staff to develop meeting strategy and format to engage the community.

2.1 Develop presentation materials, exhibits, design alternatives, and questionnaires for public workshops/meetings.

2.2 Plan, coordinate, schedule, attend workshops/meetings, and produce meeting minutes. Plan for three (3) workshops/meetings.

2.3 Based on community's input, refine, and develop final park master plan and playground schematic plan.

2.4 Produce meeting minutes with action items.

Task 2 Deliverables - Electronic and hard copy format:

1. Exhibits, alternative, & questionnaires - PDFs and hard copies as needed.

2. Final master & schematic plans: One (1) PDF and one (1) AutoCAD file

3. Miscellaneous Project information (as requested).

4. Meeting minutes - one (1) PDF and one (1) Microsoft Word file.

Task 3.0: PRC & CC Meetings
Consultant shall assist City staff to present the Project to Parks & Recreation Commission and City Council.

3.1 Prepare PowerPoint presentation using City template, including plans and alternatives, for Parks & Recreation Commission meetings. Plan for two (2) PRC meetings.

3.2 Prepare PowerPoint presentation, including plans and alternatives, for City Council Meetings. Plan for two (2) meetings.

Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 7

3.3 Produce meeting minutes with action items, if applicable.

3.4 Provide CEQA determination and assist in filing paperwork.

Task 3 Deliverables - Electronic and hard copy format:

1. Presentation materials, exhibits, & alternative - PDFs and MS PowerPoint file.

2. Revised final master & schematic plans: One (1) PDF and one (1) AutoCAD fi le.

3. Miscellaneous Project information (as requested).

4. Meeting minutes - one (1) PDF and one (1) Microsoft Word file Design Professional Agreement with Gates and Associates/Exhibit A-Scope of Services Rev. 04-12-21 Page 8

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT
I. GENERAL PAYMENT

EXHIBIT B

SCHEDULE OF FEES
The total payment to the Consultant for Basic Services, as stated in Exhibit A, shall not exceed $80,710. The amount billed to City for pre-approved Additional Services shall not exceed the sum of $12,107. In no event shall the amount billed to City by Consultant for Services under this Agreement exceed $92,817, subject to budget appropriations.

Consultant shall bill City on a monthly basis for Services provided by Consultant during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. Billing shall be proportionate to the Services performed for each task completed. The invoice shall describe the Task completed, and percentage completed by Task, and total during the invoice period.

The invoice shall also show the total to be paid for the invoice period. City will pay Consultant within thirty (30) days of City's receipt of an approved invoice.

II. BASIC SERVICES
The total payment to Consultant for all work necessary for performing all Tasks, as stated in Exhibit A, shall be in proportion to Services rendered and on a Timeand-Material not-to-exceed basis.

The Consultant fee allocated to each Task, as shown below, shall be the Consultant's full compensation for all the Consultant Services required for the Project and by this Agreement, as directed by the City, and no additional compensation shall be allowed. The total amount of all the Tasks is a not-toexceed amount.

The amount for each Task and the total amount of all the Tasks are as listed below:

Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 1
Description of work and task Cost for Basic
Services
Task No. 1 - Preliminary Engineering and Evaluation $59,725 Task No. 2 - Community Outreach $13,865
Task No. 3 - Parks and Recreation Commission and City $7,120 Council's Approval
TOTAL COST $80,710
In no event shall the amount billed to City by Consultant for BASIC SERVICES under this Agreement exceed eighty thousand seven hundred ten dollars ($80,710).

Ill. REIMBURSABLE EXPENSES
There are no reimbursable expenses.

IV. ADDITIONAL SERVICES
Additional Services consists of work not included in the Scope of Services outlined within this Agreement. Pre-approved Additional Services shall be billed to City at the fixed hourly rates shown below in Section V, RATE SCHEDULE, or at an agreed negotiated lump sum price. Monthly billing for Additional Services shall be consistent with the term set forth in this Agreement. Payment for any Additional Services is allowed only if written authorization is given by the City Engineer in advance of the work to be performed. Additional Services shall not exceed $12,107.

V. RA TE SCHEDULE
Personnel Charges
Charges for personnel engaged in professional and/or technical work are based on the actual hours directly chargeable to the project.

The pay rates for the project by classification are listed below:

Primary Consultant - GATES AND ASSOCIATES LANDSCAPE
ARCHITECTURE, INC.:

Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 2

RATE SCHEDU LE
GATE S + ASSOCIATES
I. HOURLY FEES
HOUR LY FEES FOR SE RVICES OF:

Partner
Principal
Associate Principal
Senior Associate
Job Captain
Sr. Irrigation Designer
Irrigation Design Technician
Sr. Visual Communicat ions Designer
Community Outreach Facilitator
Marketing Coordinator
Administrative/Drafter
II. EXPENSES (REIMBURSABLES)
RATE PER HOUR:
$190.00 - $225.00
$160.00 - $195.00
$140.00 - $165.00
$130.00 - $145.00
$120.00 - $135.00
$145.00 - $170.00
$95.00 - $115.00
$130.00 - $155.00
$145.00 - $175.00
$95.00 - $145.00
$90.00 - $125.00
A. Consultants at approximately the same rates indicated above or on consultant fee schedules.

B. Other direct expenses at cost which may include:
l. Printing and reproduction costs.

2. Mileage and travel costs.

3. Miscellaneous
Hourly rates may be adjusted on January 1 of each year and shall apply for any services rendered after t hat date.

Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 3
Subconsultant Billing Rates:

SAN DIS STANDARD HOURLY CHARG E RATES @ SAND I 5 . Enforced January 1, 2021 Through December 31, 2021

ENGINEERING AHO QSO / P SERVICES HOURLY RATE
Project Control Specialist/ Clerical $90.00
Computer/ Field/ Engineer Technician Levell $105.00
Level II $115.00
Level Ill $125.00
Sr. Engineer Technician $130.00
Field Technician Level l $105.00
Level II $125.00
Level Ill $135.00
Design Engineer Levell $120.00
Level II $125.00
Level Ill $130.00
Project Engineer/ Traffic Engineer Levell $140.00
Level II $155.00
Level Ill $175.00
Senior Engineer Level I $190.00
Engineering Project Manager Level l $185.00
Level II $215.00
Associate Project Manager/ Senior Project Manager/
Senior Traffic Engineer $235.00
Principal $350.00
forensic Review/ Analysis/ Claim Support $250.00
SURVEYING SERVICES/ HIGH DEFINITION SCANNING/ 3-D MODELING SERVICES CAD/ Surveying/ Scanning Technician Levell $105.00
Level II $110.00
Level Ill $125.00
Project Surveyor/ Scanning Specialist Levell $135.00
Level II $145.00
Level Ill $175.00
Survey Project Manager Level l $185.00
Level II $215.00
Senior Field Survey Supervisor(PLS) $235.00
Utility Locating Services 1-Person Crew $175.00
Utility Locating Manager $150.00
Traffic Safety Flagger $115.00
I-Person Survey Crew $195.00
2-Person Crew $305.00
2-Person Survey Crew w/ Apprentice $385.00
Reimbursable Costs Printing, monuments, materials, outside services and consultants, courier/delivery services, express/ overnight mail, travel/per diem, agency fees advances, etc., at cost plus 10%.

Overtime All overtime charges are invoiced on the basis of one and one-hall times the above rates. Double time Invoiced at two times the above rates.

Escalation Escalation for future years shall be at a minimum of 3.5% increase per year. Sandis at its sole discretion may utilize its subsidiaries to perform the services presented in this proposal.

Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page4

FEE SCHEDULE
11•111 ia ■■■■■■■■■ ■■ ••••••• •• ·•••• ■■ .illii ■■ il ■■ il ' i ihiiiii lliiiiliiii1ii - lit iii I II ■ !1 1!1111 II!!" ~1!!~ ■■ !!11111 Hourly Rates
Principal $235/hr.

Associate $190/hr.

Architect 3 $180/hr.

Architect 2 $160/hr.

Architect 1 $150/hr.

Job Captain $130/hr.

Senior Draftsperson $120/hr.

Draftsperson $115/hr.

Jr. Draftsperson $105/hr.

Int. Project Designer $130/hr.

Int. Staff Designer $110/hr.

Administrative Staff $ 85/hr.

Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 5
BSK Associates - January 1, 2021 to June 30, 2021 Prevailing Wage Schedule of Fees PROFESSIONAL5TAff TECHNICAlSTAff(PREVAILINGWAGE/
Principal $ 248.00 Field Supervisor
Senior Professional $ 221.00 Group !-Special Inspector
ProJl'!Ct Professional II $ 204.00 Group 2-Speclal Inspector Project Professional I $ 171.00 Group 3 - EngtneerlngTec:hnlclan Staff Professional II $ 154.00 Group4-Technlcian
Staff Professional 1 $ 138.00 Ground Penetrating Radar Scanning Technician SeismlcGIS $ 193.00 CoreDrlllingTechnTclan
GISSp@clallst $ 138.00 Floor Flatness TestlngTechnlclan Information Specialist II $ 154.00 Sample Pickup /Transportation/ Delivery Information Specialist I $ 138.00 Laboratory Technician CAO $ 100.00 Administrative Assistant/Clerical
Project Administrator s 95.00 Litigation support
lQUIPMENr BASIS OF CHARGES FOR Fillo TECHNICIAN SERVICES Nuclear Gauge (Day) $ 61.00 Fi"dWorkfromOto4 hours
Ultrasonic \Veld Equipment (Day) s 61.00 Ff~d Work from 4 to 8 hours Torque Wrench (Day) s 61.00 Fleld Work overs hours/ Saturdiys Proofload Equipment (Day) s 61.00 Sundays, holidays and over 12 hours Rebar Locator/ Pachometa- s 110.00 Swing shift (4:00pm to Midnight) Hand Augor (Day) $ 221.00 Graveyard Shift:

Water Meter (Day) $ 56.00 Show-up tlme(no work performed) Orllllngl(jt • Paint, s1akes and lath -(Project) $ 29.00 Sampling or cylinder pickup, minimum charge Drilling Supp fies• Reuse of tube/c.aps (Project) $ 276.00 Manomete (Day) $ 221.00 OIR/PREVAIUNG WAGEAOMINITTIIA TIONF£ES 'MONTIILYj Double Ring lnfi ltromet« (Da.y) $ 551.00 Cortified Payroll /DIR Upload Non-Performance Certified Payroll/ 01 R Upload
ANALYSISSOFIWARE USAGE FEES Subcontractor Management/ Compliance Forms glNT (Project) $ S6,00 Addltlonal LCP Tracker or Other Compliance software LPlla(Proje:t) s 56.00 Additional Sp«ial Forms, as required APlle(Project) s 56.00
SHAFT(Project) $ 56.00 REIMBURSA8LES
GROUP (Project) $ 110.00 Mileage (Portal to Portal)
Cllq (Project) $ 56.00 Per Diem (as required)
LlquefyPro (Project) $ S6.00 Bridge Toll
llqlT(Proje:t) $ 56.00 Parking Fees
NovoLIQ(Project) s S6.00 Subconsultant/Subcontractor Services, Vendors. and Expenses Sllde(Project) $ 110.00 Project Administration Fees
settlem (Project) $ 110.00 DIR Administration Fees
ArcGIS (Project) $ 56.00 Project Setup (Project)
El-FRISK (Per Project Slt•/SlteClass) $ S25.00
MA1fRMLStA..SOiA rmr TUl'I
SOILS
MolstureDensltyCurws California S.Orlng Ratio /CBR}
Standard Proctor, 4" (ASTM/MSHTO) s 256.00 CBR at 100%(AS1M 018B3 or AASHTOT-180) Modlflad Proctor, 4" Mold (ASIM/MSHTO) $ 256.00 CSR at 95% (ASTM D1883 or AASHTOT-180) Modlflid Proctor, 6" mold {ASTM 01557) $ 272.00
Caltrans Maximum Wet Oensity(CT 216) $ 233.00 P<tmeob/1/ty Test, Check Point s 148.00 Rigid Wall Perm .. blllty (ASTM 02434) Flexible Wall Perm .. blllty (ASlM 05084)
PartlcleSlzeAnalyrls Remolded Flexwall Pam (ASTM 0S084) SleveAnalyslsw/Wash (ASTMD422) $ 185.00
Minus #200 Wash, Soll (AS TM 01140) s 90.00 Soll CorroJ/vlty Tf'$fs Hydrometer Analy>1 s (ASTM 04221 $ 244.00 Minimum Resistivity of Solis (CT643) ooubla Hydrometer (ASTM 04221) $ 340.00 pH
SpeclflcGravity of Soll (ASTM 0854) s 174.00 Soluble Sulfate, Chloride and Sulfide Vi sual Classtficatlon (ASlM 02488) $ 47.00 Cb:ldatlon Reduction of Soll Sand Equlvalent(ASTM 02419) $ 137.00
%Organics In Soll (ASTM 02974) $ 149.00 SOIi Cemml Te,ts Freeze Thiw Abrasion (ASTM 0560)
Atletbetg Um/ts/ Swell Test, Wetting•Dryln1 Abrasion (ASTM 0559) Plasticity Index (ASTM 04318) s 238.00 Preparation ofFreeze-lhaworWetttng-OrylngTests Shrink.age Limits of Sol Is (ASTM 0427) $ 222.00 Soll Cement Compression (ASTM 01633) Expansion Index of Solis (UBC No. 29) s 2S6.00 Cemeot Content Soll Cem,ot (ASTMC1084) Moisture Density Test Olher
Tube Density s 54.00 sample Preparation
Moisture Content of Soils{ASTM 02216) $ 47.00 Crumb Test Olsperstlon (ASTM 06572} Pinhole Dispersion Test (ASTM)
•R• Value Oetenntnalfor, sand Oensitycollbrotlon (ASTM 01566) R·Value of Soils (CT 301) $ 432.00
R-ValueofTreated Materials (CT301)) $ 478.00 unconfined Compression Unconfined Compression (ASTM 02166)
Consolidation Tests
Consolidation (ASTM D2435) $ 455.00 ShearTesU
Consolidation, Extra Points(ASTM Dl43S) $ 61.00 Direct Shear. Undisturbed (ASTM 03080) Collapse Potential of Solis (ASTM 024 35) $ 222.00 Direct Shear, Remolded (ASTMD3080) Remolded Consolidation (ASTM 02435) s 386.00 Tri.axial Compr6Sion Testing One-Oimen Swell of Soll (ASTM 04546) s 142.00
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21
$ 171.00
$ 149.00
$ 142.00
$ 129.00
$ 112.00
$ 289.00
$ 210.00
$ 189.00
$ 108.00
$ 108.00
$ 86.00

1.sxstandard rate
81114 hours
81118 hours
mllt1me1ndahalf
BIii doubletlme
Add $20.00 per hour
Add $30.00 per hour
Bill 2 hours
81112 hours
$ 300.00
$ 100.00
$ 100.00
s 200.00
s 150.00
$ 0.88
$ 150.00
Cost+15%
Cost+15%
Cost+15%
n , oflnvolce
3% of Invoice
$S00.00
$ S57.00
$ 1,079.00
$ 307.00
$ 478.00
$ 608.00
$ 153.00
$ 71.00
s 142.00
s 61.00
$ 681.00
$ 647.00
$ 818.00
$ 261.00
$ 261.00
$ 71.00
s 85.00
s 272.00
$ 102.00
$ 137.00
$ 238.00
$ 285.00
QUOTE
Page6
- HORT SCIENCE
w BARTLETT CONSULTING
Fees for Services
HortScience I Bartlett Consulting
Hourly Rates
Principals
Consulting Arborist
Expert Witness
Arborist
GIS/CAD Specialist
Clerk
$220.00/hour
$180.00/hour
$300.00/hour
$150.00/hour
$150.00/hour
$70.00/hour
Hourly fees are portal-to-portal. Direct expenses such as reproduction and shipping shall be reimbursed at cost plus 15%. Mileage shall be reimbursed at the latest published IRS rate, currently $0.56 per mile (from Pleasanton).

March 2021
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 7
!mg DAVID J. POWERS
El~~
CHARGE RATE SCHEDULE1
Title Hourly Rate
Senior Principal $ 300.00
Principal Project Manager $ 275.00
Senior Environmental Specialist $ 240.00
Senior Project Manager $ 215.00
Environmental Specialist $ 200.00
Biologist $ 190.00
Project Manager $ 190.00
Associate Project Manager $ 160.00
Assistant Project Manager $ 130.00
Researcher $ 115.00
Draftsperson/Graphic Artist $ 120.00
Document Processor/Quality Control $ 110.00
Administrative Manager $ 110.00
Office Support $ 95.00
Materials, outside services and subconsultants include a 15% administration fee.

Mileage will be charged per the current IRS standard mileage rate at the time costs occur.

Subject to revision June 1, 2021.
1 David J. Powers & Associates, Inc. (DJP&A) provides regular, clear, and accurate invoices, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special 3ccounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique statements or Design Professional Agreement with Gates and Associates/Exhibit 8- Schedule of Fees Rev. 04-12-21 Page 8
!HOURLY FEES
HOURLY FEES FOR SERVICES OF:

Engineering
Drafting
Administrative

IHOURLY FEES
HOURLY FEES FOR SERVICES OF:

Doug Evers

RATE SCHEDULE

ATIUM ENGINEERING
RATE PER HOUR:
$180
$125
$90

RATE SCHEDULE

PROACTIVE RIS K SOLUTIONS
RATE PER HOUR:
$95 - $125
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 9

CAPITAL
ENGI N E E RI NG C ONSULTANT S, I NC.

Capital Engineering Consultants, Inc.
2021 Billing Rates
Sr. Principal
Principal
Director
Sr. Project Manager
Project Manager
Field Services
Senior Engineer
Engineer
Senior Designer
Designer
Technician / CADD
Intern
Project Administrator
Sr. Admin.

Clerical / Admin.
$230.00 I hour
$210.00 / hour
$200.00 I hour
$190.00 I hour
$182.00 I hour
$180.00 I hour
$164.00 I hour
$149.00 I hour
$139.00 I hour
$128.00 I hour
$118.00/hour
$113.00 / hour
$98.00 I hour
$67 .00 I hour
$54.00 I hour
Design Professional Agreement with Gates and Associates/Exhibit 8- Schedule of Fees Rev. 04-12-21 Page 10
~-KA_M_Y._AN_&_As_s_o_c,_}li_E_s ___________ _
~ Structural Engineers
STAFF
Principal Engineer
Project Manager
Senior Structural Engineer
Staff Engineer
CAD Drafters

BILLING RATE SCHEDULE
Ja1111a,~1, 2021

HOURLY RATE
$225 per hour
$190 per hour
$175 per hour
$150 per hour
$110 per hour
Design Professional Agreement with Gates and Associates/Exhibit B- Schedule of Fees Rev. 04-12-21 Page 11

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twentyfour (24) months following acceptance by the City, 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 City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor'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 (ISO) 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 Contractor; 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 Contractor 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 Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 1 Rev. 09-28-18
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.

B. 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, Contractor 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 ISO 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 hold harmless obligations of Contractor 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 City of Santa Clara, its City Council, commissions, 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 Contractor. 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 claim or Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 2 Rev. 09-28-18
two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney'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. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using ISO Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

Primary and non-contributing. Each insurance policy provided by Contractor 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 indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor'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 City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of nonrenewal, 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 City 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.

4. 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.

Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 3 Rev. 09-28-18
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

1. Contractor 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 Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits.

Contractor 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. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor 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 City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor 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, Contractor, 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 City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 4 Rev. 09-28-18
certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

EBIX Inc.

City of Santa Clara - Public Works Department
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor 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 City or its insurance compliance representatives.

Design Professional Agreement with Gates and Associates/Exhibit C-lnsurance Requirements Page 5 Rev. 09-28-18

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements. If applicable to the Services, Consultant or its subconsultant(s), as applicable, shall comply with the following requirements.

A. Prevailing Wage Requirements

1. Consultant shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk's office, which shall be available to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, consultants are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Consultants and subconsultants are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates . Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

Design Professional Agreement with Gates and Associates/Exhibit D-Labor Compliance Rev. 09-28-18

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Consultant agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subconsultants) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Consultant and all subconsultants shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].

8. No consultant or subconsultant may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultants MUST be a registered "public works consultant" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All consultants/subconsultants and related construction Services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works consultant". Those you fail to register and maintain their status as a public works consultant shall not be permitted to perform work on the project.

10. Should any consultant or subconsultants not be a registered public works consultant and perform work on the project, Consultant agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.

Design Professional Agreement with Gates and Associates/Exhibit D-Labor Compliance Rev. 09-28-18

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Consultant's address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. ln the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Consultant until Consultant has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Consultant until all required documentation is submitted. Any payment by the City despite Consultant's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon consultants and subconsultants for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

Design Professional Agreement with Gates and Associates/Exhibit D-Labor Compliance Rev. 09-28-18

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT

EXHIBIT E

MILESTONE SCHEDULE
Phase I
Preliminary Engineering/Evaluation
Community Outreach
Parks and Recreation Commission & City Council Meeting
Duration
7 weeks
7 weeks
8 weeks
Design Professional Agreement with Gates and Associates/Exhibit E - Milestone Schedule Page 1 Rev. 04-12-21

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
GATES AND ASSOCIATES LANDSCAPE ARCHITECTURE, INC.

FOR

WESTWOOD OAKS PLAYGROUND REHABILITATION PROJECT

EXHIBIT F

PROJECT MANAGEMENT DOCUMENTATION SOFTWARE

1.0 GENERAL
This section is intended to describe the use of e-Builder Enterprise TM (e-Builder) a web-base project management software, as the median for project documentation and reporting. All costs associated with the use of the software is inclusive of the Project Exhibit 8 - Schedule of Fees.

2.0 e-BUILDER PROJECT MANAGEMENT SOFTWARE PROGRAM
The City of Santa Clara is currently using e-Builder Project Management for all related project management tasks. Consultant is required to comply with all requirements specified in this Exhibit F - PROJECT MANAGEMENT DOCUMENTATON SOFTWARE.

3.0 REQUIREMENTS
A. General Requirements:

1. Consultant and Subconsultants shall provide at a minimum, the following to its staff:
a) Computer: Minimum Intel Pentium® 4 Processor 2.4 GHz or equivalent processor with 512MB of RAM; recommended Centrino Duo® Processors 1.6 GHz or equivalent with 2GB of RAM, or higher; b) Computer Operation System: Windows XP or later and OS X v10.8 or later;
c) Web Browser: Microsoft Internet Explorer 11.0 or later, Google Chrome v29.0.1 or later, Mozilla Firefox v35.0.1 or later, Safari v6.0.4 or later, Safari for iOS mobile v6.1 or later. Other browsers such as Microsoft Edge, Google Chrome for iOS, and Google Chrome for Android are available on e-Builder; however, but some features might not work as expected;
d) Work and Spreadsheet Processors: Microsoft Office Word, Excel Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 1
B.

C.
and Outlook;
e) Scheduling Software: Microsoft Project or Primavera; f) Internet Service Provider: A reliable ISP in the area of the Project; g) Connection Speed/Minimum Bandwidth: DSL, ADSL or T1 Line for transferring a minimum of 3 Mbps Downstream and 512 Kbps Upstream.

2. Consultant and Subconsultants shall provide its management personnel assigned to this Project with access to personal computers and the Internet on a daily basis
Project Web Requirements:

1. This project utilizes a web-based project management tool, e-Builder. This web-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information.

2. Consultant and Subconsultants shall conduct Project controls, outlined by the City, utilizing e-Builder. This designated web-based application will be provided by the City at no costs to the Consultant and the Subconsultants.

No additional software will be required. Furthermore, the City Project Manager will assist Consultant in providing training of Subconsultant's personnel.

3. Consultant and Subconsultants shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include, but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, NonConformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Construction Change Directives, Potential Change Orders, Change Order Requests, Change Orders, etc. All supporting data including, but not limited to, shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests, Submittals, etc. and the like will be submitted in digital format via e-Builder.

Electronic File Requirements:

1. In addition to the standard closeout submittal requirements detailed Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 2
elsewhere in the Contract Documents, the Consultant and Subconsultants shall also submit all closeout documents including all "As-Built Drawings", catalog cuts, and Owner's Operation and Maintenance manuals in digital format. All documents (including as-built drawings) shall be converted or scanned into the Portable Document Format (PDF) file and uploaded to eBuilder.

4.0 IMPLEMENTATION REQUIREMENTS
A.

B.

C.

D.

E.

F.
e-Builder is a comprehensive Project and Program Management system that will be implemented for managing documents, communications, and costs between the Contractor, Sub-contractors, Consultant, Subconsultants, and Owner. e-Builder includes extensive reporting capabilities to facilitate detailed.

Project reporting in a web-based environment that is accessible to all parties and easy to use.

Central Document Vault: e-Builder system includes a central database that maintains all project information and manages project communications amongst team members.

Communication/Correspondence: e-Builder provides electronic routable communication forms that provide historical tracking, documentation, and increased accountability of project members.

Project Calendars: Meetings will be scheduled and maintained centrally on e-Builder by the City.

Reporting: All of the project and program data including documents, communications, and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility.

Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 3
Real time, updated
sd1edule lnforn1atloo
Avtomated communications
Schedules
Cost
Workfl<M {transmittals, subinlnals,
f1Fls,change orders)
Real time, updated
<Mt/budgel IOft)rn,atlc)t)
1\uiommed notificariom (e.g., e-mail norifications of changes In sche<Jufe, dowment.s, workflow) of project changes (schedule, wmkflow, cost, milestones, other)
Program Management
Consultants, Architects,
Engineers, Contractors

5.0 LICENSING REQUIREMENT
Executives
Facilities Management
A. User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its Subconsultants and/or Suppliers.

B. Each user license includes full access to e-Builder, including all of the documents and reports mentioned above. Furthermore, each user license provides thee-Builder software as a service (SaS) including:

1. All hosting, operation, maintenance, and data backup of the eBuilder software and documents which are maintained in state-ofthe-art data centers located throughout the United States.

2. Quarterly e-Builder software enhancements.

3. Unlimited phone, email, and web-based support 24-hours.

Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 4
C. e-Builder user licenses shall be obtained by the City, Owner Manager, and QA/QC Agencies for which the Design Consultant is not responsible.

Design Professional Agreement with Gates and Associates /Exhibit F- Project Management Documentation Software Page 5
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-226 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Adoption of a Resolution of Intention for Santa Clara Convention Center Complex - Maintenance District No. 183

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In April 1980, the City Council adopted an ordinance providing an alternative method for annually fixing and levying a special benefit assessment for the maintenance districts in the City of Santa Clara. That ordinance (SCCC Section 16.10.490) was required because Proposition 13 prohibited the City from continuing its prior practice of assessing maintenance costs based upon assessed value.

The ordinance requires that an annual report is prepared for each maintenance district, which would set the budget for the ensuing year and the formula for the annual assessment levy, and provide a description of each property, including the amount of assessment to be levied against each lot.

The original lease agreements between the Redevelopment Agency of the City of Santa Clara, Santa Clara Convention Hotel Limited Partnership (Hotel), and SCCC Associates II (Techmart) provided for the formation of the District. These agreements also served to apportion the funds necessary to maintain and operate the common improvements serving the Convention Center, Hotel, and Techmart. Hudson Techmart Commerce Center L.L.C. currently owns Techmart, Hyatt Regency Santa Clara is the current Hotel owner, and the Convention Center building is owned by the City of Santa Clara. Each of these three parties are responsible for a share of the FY 2022/23 maintenance assessment, which is set by the annual budget.

In June 1986, Council Adopted Resolution 5081 that formed the Santa Clara Convention Center Complex - Maintenance District 183 (MD 183) and established the mechanism for funding maintenance and operations on an annual basis. There are two components of this annual funding.

The first component is the overall cost of maintaining and operating the general infrastructure consisting of things such as pavement, sidewalk, walkways, covered walkways, signs, landscaping etc. The cost for maintaining these items is split by 39.64 percent to the City of Santa Clara (City),

22.94 percent to the Hyatt Regency Hotel (Hyatt) and 37.42 percent to Hudson Techmart Commerce Center LLC (Techmart). The second component includes the cost of maintaining and operating permanent parking controls such as fixed signage, electronic signage and other parking related equipment. The costs for these items are allocated 30.04 percent to the City, 22.12 percent to the Hyatt, and 47.84 percent to Techmart.

The third and final component includes the overall costs for maintaining and operating temporary parking controls such as movable barriers, temporary parking attendants and guards, adjustable City of Santa Clara Page 1 of 3 Printed on 4/14/2022
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22-226 Agenda Date: 4/19/2022
gates, and signage. The costs for these items are allocated 78.72 percent to the City, 10.64 percent to the Hyatt, and 10.64 percent to Techmart.

DISCUSSION
The annual assessment for MD 183 maintains common improvements including, but not limited to, surface and structural parking areas (parking garage), landscaping, roadway, pedestrian bridges, space frames, fountains, and exterior lighting. In addition to the costs of maintaining and operating the common improvements, the proposed total cost includes expenses related to the City’s cost to administer the District, insurance, and utilities.

City staff prepared a draft Director’s Report for FY 2022/23 (Attachment 1), which shows the formula for the annual assessment levy, parcel descriptions, and amount of assessment to be levied against each parcel. Based on that report, the total Fiscal year 2022/23 annual cost for MD 183 is $1,878,119 and will be funded through the City ($842,700), Hyatt ($399,353), and Techmart ($636,066). The report has been delivered to each property owner in the District, and a copy has been filed with the City Clerk’s Office. Discussions between staff, property owners and all interested tenants were conducted via email correspondence and at a meeting held on April 6, 2022. A second meeting will be held to continue discussions about the Director’s Report on May 4, 2022.

In conjunction with preparing the report, the Council is required to hold a public hearing, prior to which a Notice of Public Hearing (Attachment 2) will be posted and published in the Santa Clara Weekly. As recommended in this report, a Resolution of Intention for Maintenance District No. 183 FY 2022/23 (Attachment 3) has been prepared and sets June 7, 2022 as the public hearing date. If the Council approves the budget on June 7, the confirmed assessments will be sent out by the City for collection.

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
The total maintenance cost for Maintenance District No. 183 is estimated at $1,878,119. Approval of the assessment would result in the City collecting $1,035,419 in revenue from the Hotel and Techmart to fund the maintenance of common improvements at the Convention Center Complex. The balance of the cost, $842,700, would be funded by the City’s General Fund as the owner of the Convention Center building. The funding is included in the FY 2022/23 Adopted Operating Budget.

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 City of Santa Clara Page 2 of 3 Printed on 4/14/2022
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22-226 Agenda Date: 4/19/2022
Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

On April 20, 2022, the Notice of Public Hearing for the June 7, 2022 Council meeting will be published in the Santa Clara Weekly. In addition, the notice will be posted at the City Clerk’s Office and mailed to all property owners within the District.

RECOMMENDATION

1. Adopt a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to the Santa Clara Convention Center Complex Maintenance District No. 183;

2. Set a hearing date of June 7, 2022 to approve the Director’s Report FY 2022/23; and

3. Authorize the publication, mailing, and posting of the Notice of Public Hearing as stated in the Resolution of Intention.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENTS

1. Director’s Report

2. Notice of Public Hearing

3. Resolution of Intention

4. Proposed Assessment
City of Santa Clara Page 3 of 3 Printed on 4/14/2022
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DIRECTOR’S REPORT

CITY OF SANTA CLARA

SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
FISCAL YEAR 2022-2023
4/19/2022
COUNCIL APPROVED: (proposed June 7, 2022)
Director of Public Works/City Engineer
2 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023

DIRECTOR'S REPORT
The Director of Public Works/City Engineer of the City of Santa Clara, California, pursuant to the provisions of Section 16.10.490 of the Code of the City of Santa Clara, hereby makes this report and the following special benefit assessment to cover the costs and expenses of maintaining and operating the improvements within Santa Clara Convention Center Complex Maintenance District No. 183 of said City, including the costs and expenses incidental thereto, to be paid by said Maintenance District.

The amount to be paid therefore by said Maintenance District for the Fiscal Year 2022-23 is as follows:

As Finally Confirmed
Maintenance and Operations $1,608,119
Permanent Parking Controls $15,000
Reserve for Dynamic Parking Controls $255,000
Exceptional Improvements $0

Funds Advanced by and to be Repaid to City $0
TOTAL COST $1,878,119
Less Amount of Surplus From Prior Years:

Convention Center $0
Hyatt Corporation - A Delaware Limited Liability Corporation $0 Hudson Techmart Commerce Center L.L.C $0
Amount of Reserves: $0
Amount of Contribution: $0

BALANCE OF ASSESSMENT $1,878,119
And I do thereby assess and apportion the amount of said costs and expenses, including the costs and expenses incidental thereto, upon the several lots or parcels of property liable therefore and specially benefited thereby, in proportion to the benefits to be received by each lot or parcel of property, from the maintenance and operation thereof and more particularly set forth in the list hereto attached and by reference made a part hereof.

Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for Effective Roll Year 2022-2023 to the right of the parcel numbers and include all of such parcel.

I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the District receives a special benefit over and above the benefits conferred to the public at large and that the amount of the assessment is proportional to the benefits specially received or enjoyed by each parcel or property within the District.

Date: ___________________________ _____________________________________________ Director of Public Works
City of Santa Clara
3 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023

DIRECTOR'S REPORT
TABLE 1. BUDGET
Category Estimated
Cost Description of Category
Maintenance and
Operation
$1,608,119 Labor, materials, supplies and equipment to maintain and operate Maintenance District No. 183 including,
but not limited to water, sewer, electrical and other
utility costs, sweeping of parking lots, maintenance of pavement and sidewalks, pavement striping, signs,
fountains, landscaping, storm drains, lighting, space
frames, parking structure, bridges, other common
improvements, City supervision and management of
maintenance district, insurance, contingencies, and
incidental expenses.

Permanent Parking
Controls
$15,000 Labor, materials, supplies and equipment to maintain and operate fixed directional signs, electronic signs,
automatic vehicle counting devices, cashiering
stations, ticket printer, dispensers, card readers, cashier booths, including regularly scheduled parking
attendants and guards.

Dynamic Parking
Controls
$255,000 Labor, materials, supplies and equipment to maintain and operate movable barriers and barrier placement,
special parking attendants and guards, implementation
of adjustable gates, special directional signs, and
implementation of electronic signs.

Exceptional
Improvements
$0 Special improvement project benefiting special parcel.

Funds Advanced by
and to be Repaid to
City
$0 For deficits which occurred in prior years
TOTAL COST $1,878,119
Less Amount of Surplus from Prior Years:

City of Santa Clara $0
Hyatt Regency Hotel Santa Clara $0
Hudson Techmart Commerce Center L.L.C $0
Amount of Reserves: $0
Amount of Contribution: $0
BALANCE OF ASSESSMENT $1,878,119
4 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023

DIRECTOR'S REPORT
TABLE 2. PROPERTY OWNERS TO BE ASSESSED
Name & Address of Owner
Assessor's
Parcel
Number
As
Preliminarily
Approved
As Finally
Confirmed
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Santa Clara Convention Center (Convention
Center)
104-55-017 $842,700 $842,700
Hyatt Corporation as agent of IA Lodging Santa
Clara TRS, L.L.C dba Hyatt Regency Santa Clara
Eron Hodges – General Manager
5101 Great America Parkway
Santa Clara, CA 95054
(Hotel)
104-55-005
104-55-012
$399,353 $399,353
Hudson Techmart Commerce Center L.L.C
Rebecca Agbuya, Portfolio Manager
2055 Gateway Place, Suite 200
San Jose, CA 95110
(Techmart)
104-55-013 $636,066 $636,066
TOTAL $1,878,119 $1,878,119
Also Send Copy of Director’s Report To:

Hyatt Regency Santa Clara
Eron Hodges – General Manager
5101 Great America Parkway
Santa Clara, CA 95054
Hudson Techmart Commerce Center L.L.C
Rebecca Agbuya, Portfolio Manager
2055 Gateway Place, Suite 200
San Jose, CA 95110
5 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023

DIRECTOR'S REPORT
TABLE 3. BUDGET/ASSESSMENT COMPARISON
Budget for Fiscal Year 2021-2022 Budget for Fiscal Year 2022-2023 Total
Assessment
Reduced by
Proportion
from Prior
Year’s Surplus
Net Assessment Total
Assessment
Reduced by
Proportion
from Prior
Year’s Surplus
Net Assessment
City of Santa Clara
(Convention Center)
$771,349 $0 $771,349 $842,700 $0 $842,700
Hyatt Regency Hotel
Santa Clara
$358,060 $0 $358,060 $399,353 $0 $399,353
Hudson Techmart Commerce
Center L.L.C
$568,710 $0 $568,710 $636,066 $0 $636,066
TOTAL $1,698,119 $0 $1,698,119 $1,878,119 $0 $1,878,119 6 SANTA CLARA CONVENTION CENTER COMPLEX
MAINTENANCE DISTRICT NO. 183
City of Santa Clara, California
SPECIAL BENEFIT ASSESSMENT for Fiscal Year 2022-2023

DIRECTOR'S REPORT
TABLE 4. FORMULA FOR ASSESSMENT LEVY
Category
Estimated
Expenditure
City of Santa Clara
(Conv. Center)
Hyatt Regency
Hotel Santa Clara
Hudson Techmart
Commerce Center

39.64% 22.94% 37.42%
I. Maintenance and Operations $1,608,119 $637,458 $368,903 $601,758

30.04% 22.12% 47.84%
II. Permanent Parking Controls $15,000 $4,506 $3,318 $7,176

78.72% 10.64% 10.64%
III. Dynamic Parking Controls $255,000 $200,736 $27,132 $27,132 IV. Exceptional Improvements $0 $0 $0 $0
V. Funds Advanced by/to be Repaid to City $0 $0 $0 $0
VI. Surplus Funds from Prior Year $0 $0 $0 $0
TOTAL ASSESSMENT $1,878,119 $842,700 $399,353 $636,066
Notice of Public Hearing #183 2021.doc
City of Santa Clara
Notice of Public Hearing Regarding the Levy of Benefit Assessments Applicable to the Santa Clara Convention Center Maintenance District No. 183, and Approval of Distribution of Director's Report Fiscal Year 2022-23
NOTICE IS HEREBY GIVEN that the City Council of the City of Santa Clara has determined and fixed its regularly scheduled meeting of June 7, 2022 at 7:00 p.m., or as soon thereafter as the matter may be heard in chambers and virtually as the location, date and time to conduct a public hearing to consider the passage of a resolution as follows: "a Resolution of the City of Santa Clara, California of intention to order that the alternative method for the levy of benefit assessment be made applicable to City of Santa Clara Convention center complex maintenance district no. 183, providing for notice of hearing theron, approving the distribution of the director’s report and providing for notice of hearing on directors report for fiscal year 2022-2023.” The purpose of the public hearing is to provide City staff with an opportunity to present the City Council and the public with information concerning the proposed assessments ($1,035,419 total) to the property operators, to pay towards maintenance repairs of the Santa Clara Convention Maintenance District #183 and the proposed determination of the City to pay all of the remaining costs ($842,700) for routine maintenance and operation of the property and improvements of the Santa Clara Maintenance District No. 183. A total of 3 operators pay for the assessments. The public may submit written comments prior to, or make oral presentations, at the public meeting.

Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 22-9067 the City Council meeting will be held both in person in the Council Chambers at 1500 Warburton Avenue and by teleconference. We are providing alternatives to in person attendance for viewing and participating in the hearing.

The methods for the public to participate remotely are listed below:
• Via Zoom: https://santaclaraca.zoom.us/j/99706759306
 Meeting ID: 997-0675-9306 or
• Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected]
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

A copy of the above Resolution and Director's Report will be made available for public inspection in the City Clerk's Office, City Hall, 1500 Warburton Avenue, Santa Clara, California.

Americans with Disabilities Act (ADA): In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1-408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Please see the above-mentioned options citizens may participate in the upcoming hearing. Submit written and/or oral comments directly to the City Clerk, 1500 Warburton Avenue, Santa Clara, California, 95050; telephone 408-615-2220.

Nora Pimentel, Assistant City Clerk
Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Page 1 of 5 Rev: 11/22/17
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA OF INTENTION TO ORDER THAT THE

ALTERNATIVE METHOD FOR THE LEVY OF BENEFIT

ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA

CLARA CONVENTION CENTER COMPLEX MAINTENANCE
DISTRICT NO. 183, PROVIDING FOR NOTICE OF HEARING

THEREON, APPROVING THE DISTRIBUTION OF THE
DIRECTOR’S REPORT, AND PROVIDING FOR NOTICE OF
HEARING ON DIRECTOR’S REPORT FOR FISCAL YEAR 2022-
23 BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, pursuant to Chapter 16.10 of "The Code of the City of Santa Clara, California” ("City Code"), the City Council of the City of Santa Clara, California ("Council") adopted Resolution No. 5081 on June 3, 1986, creating "City of Santa Clara Convention Center Complex Maintenance District No. 183" ("District") in the City of Santa Clara, California ("City").

Resolution No. 5081 also ordered that the costs and expenses of maintaining and operating the on-site public improvements ("Public Improvements") on the property within the District, including the cost of necessary repairs, replacements, fuel, power, electrical current, care, supervision and any and all other items necessary for the proper maintenance and operation of the Public Improvements be raised by the levy of an annual special benefit assessment apportioned according to special benefits conferred among the parcels of property within the District in accordance with a formula set forth in Resolution No. 5081, and in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessments in maintenance districts in the City as provided in the City Code; WHEREAS, the Council adopted Ordinance No. 1401 on April 8, 1980, which provided for an alternative method for annually fixing and levying a special benefit assessment within maintenance districts located in the City for said purpose; WHEREAS, in the opinion of this Council, the annual costs of maintenance and operation of the Public Improvements shall be appropriately financed pursuant to the provisions of Ordinance Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Page 2 of 5 Rev: 11/22/17
No. 1401 and Resolution No. 5081 and related provisions of the City Code; WHEREAS, pursuant to the provisions of Resolution No. 5081, the City's Director of Public Works has made and filed with the City Clerk a written report ("Director’s Report") setting forth the budget, the formula for the annual assessment levy, a description of each lot or parcel of property to be assessed and the amount of the assessment to be levied against each lot or parcel of property in accordance with said formula for Fiscal Year 2022-23. The costs of operation, maintenance, and servicing of improvements to be funded by the District are apportioned to each parcel in proportion to the special benefit it receives; WHEREAS, City Staff met with the affected property owners on April 6, 2022 to discuss the Director’s Report;
WHEREAS, Articles XIIIC and XIIID of the California Constitution (Proposition 218) requires majority approval of the property owners within the District for any increase in the rate used to calculate the assessment or changes in the methodology by which the assessment is calculated, if that change increases the amount of the assessment imposed on any person or parcel;
WHEREAS, the Director’s Report, Ballot, and public hearing notice are to be sent out at least 45 days in advance of the public hearing to all property owners, and any tenants within the District who are responsible for paying each assessment;
WHEREAS, in the event of an assessment that is greater than any previous assessment, a majority weighted vote of the Ballots (weighting determined by an amount of assessment paid), must be received in order to approve any proposed increase in assessment; WHEREAS, for Fiscal Year 2022-23, the assessments are increasing and therefore, Proposition 218 requirements do apply; and
WHEREAS, the Council has duly considered the Director’s Report and finds that it is sufficient and does not require modification.

Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Page 3 of 5 Rev: 11/22/17

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

1. That the recitals set forth above are true and correct and by this reference, the Council makes them a part hereof.

2. That the public interest and convenience require and this Council hereby orders that the costs and expenses of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating the Public Improvements now existing or hereafter to be constructed in and for the District which benefit the District as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and of all additions, improvements and enlargements thereto which may hereafter be made, be raised by an annual special benefit assessment in accordance with and pursuant to the provisions for the alternative method for the levy of benefit assessments in maintenance districts in the City, as provided in Section 16.10.490 and Section 16.10.500 of the City Code, on all lots or parcels of property within the District.

3. That the costs and expenses of maintaining and operating the Public Improvements within the District shall annually be assessed, either partly or wholly, upon the benefited lots and parcels of property within the District by apportioning the costs and expenses according to benefits in proportion to the special benefits received by each lot or parcel of property within the District in accordance with the formula set forth in EXHIBIT "B" of Resolution No. 5081.

4. That the City Manager or designee caused a budget to be prepared for the costs of the expenses of maintaining and operating the Public Improvements during fiscal year 2022-23 and the Director of Public Works prepared and filed a Director’s Report with the City Clerk which provides the basis for the levy of benefit assessments for the cost of maintenance and operation on all lots or parcels of property within the District.

5. NOTICE IS HEREBY GIVEN that on Tuesday, June 7, 2022, at 7:00 p.m., at its regular Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Page 4 of 5 Rev: 11/22/17
meeting place in the Council Chambers at City Hall, 1500 Warburton Avenue, Santa Clara, California, the Council will hold a public hearing during which it will hear any and all evidence and protests relating to said alternative method for the levy of benefit assessments and said formula for the District, and if the assessment is greater than any previous assessment, certify any ballots received and determine any weighted vote necessary, examine said Director’s Report and hear all persons interested therein. Any interested property owner, who objects to the alternative method for the levy of benefit assessments, the formula, or to the amount of the assessment on any lot or parcel of property owned by him/her, may file a signed written protest with the City Clerk before the commencement of the Council meeting during which the public hearing will be held, describing the lot or parcel of property owned by him/her so that it may be identified and stating the grounds of his/her protest. The property owner may appear at the hearing and be heard with regard to his/her protest.

6. The City Clerk is hereby authorized and directed to a) post a copy of notice of hearing on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall and b) publish a copy of notice of hearing at least once in a newspaper of general circulation, pursuant to City Code Section 16.10.490(p).

7. The Director of Public Works is hereby authorized and directed to give notice of said hearing by mailing a copy of this Resolution of Intention and Director's Report, postage prepaid to record owners of any lot or parcel of property subject to a benefit assessment to pay said costs of maintenance and operation, as determined by the last assessment roll. This Resolution will be available for public inspection in the City Clerk's office; and said mailing shall be done at least forty-five (45) days, and posting and publication shall be completed not less than ten (10) days, prior to the date fixed (June 7, 2022) for the hearing. ///
///
///
Resolution of Intention for MD No. 183 for FY 2022-23 and Set Public Hearing for June 7, 2022 Page 5 of 5 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 AND 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. Director’s Report

City of Santa Clara
Proposed FY 2022-23
Assessment
RTC #22-226

REPORT TO COUNCIL

SUBJECT
Proposed Assessment for the Santa Clara Convention Center Complex, Maintenance District No.183 Proposed FY 2022-23 Assessment
Entity Amount Less Prior
Years’
Surplus
Total
City of Santa Clara (Convention Center): $842,700 (0) $842,700 Hyatt Regency Hotel Santa Clara: $399,353 (0) $399,353
Hudson Techmart Commerce Center LLC $636,066 (0) $363,066 TOTAL $1,878,119 $1,878,119
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-223 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Adoption of a Resolution of Intention for Parking Maintenance District No. 122 - Franklin Square

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Parking Maintenance District No. 122 (PMD 122) was formed in 1965 for the parking lots, arcades, fountains, sidewalks, landscaping, irrigation, lights, and utilities within Franklin Square, which is bounded by Benton Street, Homestead Road (formerly known as Liberty Street), Monroe Street, and Jackson Street. There have been several changes in how maintenance and operation costs have been collected over the years. In 2002, the City Council passed a motion at a public hearing in which the City assumed all future costs for operation and maintenance and in May 2003 adopted Resolution 7026. Under the collection method contained in Resolution 7026, the property owners contribute annually to pay for capital repairs of the parking lot and associated walkways. The fixed annual contribution from the property owners totals $14,200, less the earned interest on the accumulating balance. The City, through the General Fund, is responsible for covering the costs for annual maintenance and operations of PMD 122 and that has continued to be the arrangement through the present day.

DISCUSSION
Adoption of the proposed resolution is the initial step necessary to set the annual budget for PMD 122. The approval process requires the preparation of a Director’s Report (Attachment 1) explaining the preparation and basis of assessments; publication and posting of a Notice of Public Hearing (Attachment 2); and holding a public hearing on the annual assessments. Following approval of the subject Resolution of Intention (Attachment 3), each property owner will be sent a letter containing the proposed FY 2022/23 assessment and details on a June 7, 2022 public hearing to approve the assessments.

The proposed FY 2022/23 assessment to property owners totals $12,262. Accrued interest earned in FY 2020/21 in the amount of $1,938 will be used to reach the $14,200 annual requirement. These funds are placed into an account that generates interest income and are used to pay for capital repair projects as needs arise. At the close of FY 2020/21, the interest-bearing account contained $144,324.

The total proposed FY 2022/23 expenditure budget for PMD 122 is $137,521, which is $642 less than the FY 2021/22 expenditure budget, primarily due to a small decrease to interfund services which includes overhead. The operating budget includes funding for routine maintenance and operation performed by the Department of Public Works as well as contractors, which is all funded by City of Santa Clara Page 1 of 3 Printed on 4/14/2022
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22-223 Agenda Date: 4/19/2022
the General Fund. This includes regular maintenance for landscaping, trees, fountains, and parking lot/walkway sweeping. There are no proposed Capital project expenditures for parking lots and associated walkways in FY 2022/23. Both parking lots at the complex were resurfaced and striped during the summer of 2019, which was funded by previously collected property owner assessments.

Pursuant to the 2002 City Council action, staff is recommending the adoption of the subject Resolution of Intention; setting a public hearing date of June 7, 2022 to approve the Director’s Report for FY 2022/23; and the authorization of the publication and posting of the public hearing. The assessments to the property owners cannot be sent out until the Director’s Report is approved at a public hearing.

A conference call with the property owners to discuss these requirements has been scheduled for May 16, 2022. Notices for the public hearing will be sent out following adoption of the subject Resolution of Intention.

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
Approval of the proposed assessment maintains the funding source for future capital repairs to parking lots and walkways located within Franklin Square. The City’s General Fund remains as the funding source for routine maintenance and operating costs for the Downtown Parking Maintenance District. The total proposed FY 2022/23 expenditure budget for Parking Maintenance District No. 122 is $137,521 subject to appropriation of funds.

COORDINATION
This report has been coordinated with the Finance Department and 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

1. Adopt a Resolution of Intention to order that the alternative method for the levy of benefit assessment be made applicable to the City of Santa Clara Parking Maintenance District No. 122;

2. Set a hearing date of June 7, 2022 to approve the Director’s Report FY 2022/23; and

3. Authorize the publication, mailing, and posting of the Notice of Public Hearing as stated in the Resolution of Intention.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager
City of Santa Clara Page 2 of 3 Printed on 4/14/2022
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22-223 Agenda Date: 4/19/2022

ATTACHMENTS

1. Director’s Report FY 2022/23

2. Notice of Public Hearing

3. Resolution of Intention
City of Santa Clara Page 3 of 3 Printed on 4/14/2022
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DIRECTOR'S REPORT

CITY OF SANTA CLARA
PARKING DISTRICT NO. 122 MAINTENANCE DISTRICT
FISCAL YEAR 2022/23
April 19, 2022

ASSESSMENT FORMULA
Fiscal Year 2022/23
City of Santa Clara, California
Parking District No. 122 Maintenance District
The formula upon which the annual assessment levy, for the payment of the costs and expenses of maintaining and operating the improvements, and providing funds for future parking lots and associated walkways, exceptional maintenance and improvements, within Parking District No. 122 Maintenance District, including the costs and expenses incidental thereto, will be apportioned according to benefits among the several lots or parcels of property within the Maintenance District for the Fiscal Year 2022/23 is as follows:
- Costs and expenses are to be shared between the City and property owners as below:
a. City shall pay for the operation and maintenance cost on a 100% basis. b. Property owners shall pay $14,200 annually, less interest from prior years' property owners operation and maintenance assessments as of June 30, 2002, to be kept in a fund to be used towards future exceptional maintenance and improvements of parking lots and associated walkways and appurtenances.
- Each assessment shall be determined on the basis of the gross floor area of the building located upon the lot or parcel of property assessed. - For the purposes of the formula herein, gross floor area shall mean that area computed from the outside dimensions of the building and not excluding corridors and other design features and aggregated for each additional story or mezzanine floor and any basement area.

DIRECTOR'S REPORT
ASSESSMENT for Fiscal Year 2022/23 City of Santa Clara, California Parking District No. 122 Maintenance District
I, Craig Mobeck, Director of Public Works for the City of Santa Clara, California, pursuant to the provisions of Section 16.10.490 of the Code of the City of Santa Clara, hereby make this report and following benefit assessment to cover the costs and expenses of maintaining and operating the improvement within Parking District No. 122 Maintenance District of said City, including the costs and expenses incidental thereto, to be paid by said Maintenance District.

The amount to be paid therefor by said Maintenance District for the Fiscal Year 2022/23 is as follows:

Expenditures
As
Preliminarily
Approved
As Finally
Approved
Routine Maintenance & Operation $ 137,521.00 $
Exceptional Maintenance and Repairs $ 0.00 $
TOTAL COST $ 137,521.00 $
Funding for FY 2022/23 Expenditures
Exceptional Maintenance & Improvement
From Fund Balance Reserve $0.00 $
Contribution from City General Fund (001) $ 137,521.00 $ TOTAL $ 137,521.00 $
Property Owner Assessment
Owner's Annual Assessment $14,200.00 $
Less Accrued Interest of Owner’s Fund
Balance [$1,938.00]

$
TOTAL NET ASSESSMENT $12,262.00 $
(Goes to Fund Balance Reserve)
And I do hereby assess and apportion the amount said costs and expenses, including the costs and expenses incidental thereto, upon the several lots or parcels of property liable therefor and benefited thereby, in proportion to the benefits to be received by such lots or parcels of property, from the maintenance and operation thereof and more particularly set forth in the list hereto attached and by reference made a part hereof.

Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Year 2022/23 to the right of the parcel numbers and include all of such parcel.

Dated:_______________ ________________________________
Craig Mobeck, Director of Public Works
BUDGET
Fiscal Year 2022/23
City of Santa Clara, California
Parking District No. 122 Maintenance District
Expenditures
As
Preliminarily
Approved
As Finally
Approved
Maintenance & Operation: $ 137,521.00 $ Labor, materials, supplies, and equipment to maintain Parking
Maintenance District No. 122
including, but not limited to water,
sewer, and electrical costs,
sweeping of parking lots and mall
area, maintenance of pavement,
striping, landscaping, mall fountains,
City supervision (50% of labor and
fringe benefits of Street Maintenance
Worker III).

Exceptional Maintenance and
Improvements of Parking Lots
and Associated Walkways
$ 0.00 $
TOTAL COST $ 137,521.00 $
Funding for FY 2022/23 Expenditure
Owner's Reserve for
Exceptional Maintenance &
Improvement Fund Balance:
[$ 0.00] $
Contribution from City
General Fund (001): [$137,521.00] $
Owner's Annual
Assessment $14,200.00 $
Less Accrued Interest on
Owners' Fund Balance: [$1,938.00] $
Total Net Assessment: $12,262.00 $

ASSESSMENT
Fiscal Year 2022/23
City of Santa Clara, California
Parking District No. 122 Maintenance District
Name & Address of Owner
Assessor's
Parcel
Number
(2) As
Finally
Confirmed
(1) As
Preliminarily
Approved
Gross Floor
Area (sq. ft.)
% of Total
Floor Area
Green Valley Corporation
777 N. First Street, 5
th Floor
San Jose, CA 95112
269-22-111 $ $2,563.62 13,305.22 20.907
Ramiro Hermosillo Trust
3121 Riddle Rd.

San Jose, CA 95117
269-22-110 $ $1,355.32 7,034.13 11.053
John DeMartini Trustee & Et al.
477 9th Avenue Ste 107
San Mateo, CA 94402
269-22-108 $ $1,640.41 8,513.76 13.378
David DeLozier Trustee
1162 Carmel Way
Santa Clara, CA 95050
269-22-098 $ $1,434.65 7,445.88 11.700
T & I Real Estate Solutions
364 Appian Way
Union City, CA 94587
269-22-103 $ $ 267.31 1,387.35 2.180
Alice May-Wan Chan
20015 Bella Vista
Saratoga, CA 95070
269-22-102 $ $ 154.25 800.59 1.258
Ross L. Peterson Et al.
10 Enterprise Dr.

Corte Madera, CA 94925
269-22-105 $ $ 386.13 2,004.02 3.149

ASSESSMENT
Fiscal Year 2022/23
City of Santa Clara, California
Parking District No. 122 Maintenance District
Name & Address of Owner
Assessor's
Parcel
Number
(2) As Finally
Confirmed
(1) As
Preliminarily
Approved
Gross Floor
Area (sq. ft.)
% of Total
Floor Area
Robert Freitas Et al.
255 Washington Street
Milpitas, CA 95035
269-22-104 $ $ 320.77 1,664.82 2.616
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-113 $ $ 414.58 2,151.67 3.381
Thomas Mitchell Trustee & Et al.
1291 Franklin Mall
Santa Clara, CA 95050
269-22-106 $ $1,536.80 7,976.00 12.533
Vitarelli Family LP
925 Circle Drive
Santa Clara, CA 95050
269-22-101 $ $ 424.88 2,205.13 3.465
Vitarelli Family LP
925 Circle Drive
Santa Clara, CA 95050
269-22-100 $ $ 237.64 1,233.34 1.938
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-115 $ $1,161.09 6,026.07 9.469
Gillmor Properties LLC
1201 Franklin Mall
Santa Clara, CA 95050
269-22-114 $ $ 364.55 1,892.02 2.973
TOTAL $ $12,262.00 63,640.00 100%
I, the Assistant City Clerk of the City of Santa Clara, hereby certify that the foregoing assessment in the amounts set forth in Column (2) unless Column (2) is blank, in which event the amounts in Column (1) apply, was approved and confirmed by the City Council of said City on
, 2022.
__
Nora Pimentel, MMC
Assistant City Clerk
City of Santa Clara
City of Santa Clara Notice of Public Hearing
Regarding the Levy of Benefit Assessment Applicable to the Santa Clara Parking Maintenance District No. 122, and Approval of Distribution of Director’s Report Fiscal Year 2022/23
Notice is hereby given that the Director of Public Works has requested a report, in writing, to be prepared and filed with the City Clerk, which provides the basis for the levy of benefit assessments for the costs of maintenance and operation on all lots or parcels of property within said maintenance district. Said report sets forth the amounts to be provided in the budget for maintenance and operation; a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same; and the amount of assessment to be levied for the fiscal year 2022/23 against each lot or parcel of property. Said report is open to public inspection.

Said report will be heard by the City Council at its regularly scheduled meeting to be held on Tuesday, June 7, 2022 at 7:00 p.m., or as soon thereafter as the matter may be heard, at which time said Council will examine said report and hear all persons interested therein. Pursuant to California Government Code Section 54953(e) and City of Santa Clara Resolution 22-9058 the City Council meeting will be held both in person in the Council Chambers at 1500 Warburton Avenue and by teleconference. We are providing alternatives to in person attendance for viewing and participating in the hearing. The methods for the public to participate remotely are listed below:
• Via Zoom: https://santaclaraca.zoom.us/j/99706759306
 Meeting ID: 997-0675-9306 or
• Phone: 1(669) 900-6833
• Via the City’s eComment (now available during the meeting) • Via email to [email protected]
As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Any interested owner, objecting to the amount of the assessment on any lot or parcel of property owned by him, may file with the City Clerk at or before the hour fixed for hearing a protest, in writing, signed by him, describing the lot or parcel of property so that it may be identified, and stating the grounds of his/her protest, and may appear at said hearing and be heard in regard thereto.

Americans with Disabilities Act (ADA): In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

Please see the above-mentioned options citizens may participate in the upcoming hearing. Submit written and/or oral comments directly to the City Clerk, 1500 Warburton Avenue, Santa Clara, California, 95050; telephone (408) 615-2220.

Nora Pimentel, Assistant City Clerk
Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 1 of 6 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA, OF

INTENTION TO ORDER THAT THE ALTERNATIVE METHOD FOR THE

LEVY OF BENEFIT ASSESSMENT BE MADE APPLICABLE TO CITY OF SANTA CLARA PARKING MAINTENANCE DISTRICT NO. 122,

PROVIDING FOR NOTICE OF HEARING THEREON, APPROVING THE
DIRECTOR’S REPORT FOR DISTRIBUTION, AND PROVIDING FOR
NOTICE OF HEARING ON DIRECTOR’S REPORT FOR FISCAL YEAR
202/23
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, pursuant to Sections 10107 and 10108 of Chapter 2, Division 12 of the Streets and Highways Code of the State of California, and Chapter 26 of Part 3 of Division 7 of said Code, all as provided in Chapter 16.10 of the Code of the City of Santa Clara, on the 30th day of March, 1965, this Council adopted its Resolution No. 1581, a Resolution creating "City of Santa Clara Parking Maintenance District No. 122" (“Parking Maintenance District”) in the City for the purpose of paying the costs and expenses of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating public automobile parking places, covered pedestrian lanes and walkways, fountains, and landscaping therein then existing or thereafter to be constructed in and for the Parking Maintenance District, and of benefit to said maintenance district, but not of benefit to the City of Santa Clara as a whole, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions, improvements and enlargements thereto which may thereafter be made;
WHEREAS, said proceedings provided that this Council shall, in addition to all other taxes, annually fix and levy a special assessment tax upon the real property (land and improvements) within the Parking Maintenance District as therein provided, sufficient to raise a determined amount of money to pay all or part of said costs of maintenance and operation; WHEREAS, the Council shall decide whether or not the costs of maintenance and operation of Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 2 of 6 Rev: 11/22/17
said public improvements shall be borne wholly or partially by the property owners within said Parking Maintenance District;
WHEREAS, on the 8th day of April 1980, this Council adopted its Ordinance No. 1401 providing for an alternative method for annually fixing and levying a special benefit assessment within maintenance districts within the City for said purpose; WHEREAS, on the 16th day of January, 1996, this Council adopted its Resolution No. 6105 ordering that seventy-five (75%) percent of the costs and expenses of maintaining and operating said public improvements beginning with fiscal year 1996-97, within the Parking Maintenance District, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof shall annually be assessed either partly or wholly upon the lots and parcels of property within the Parking Maintenance District benefited thereby in accordance with the formula set forth, and that the City shall be responsible for the balance of the costs and expenses;
WHEREAS, on June 26, 1996, sufficient Ballots were received to approve the continuation of the Parking Maintenance District;
WHEREAS, on the 9th day of July, 2002, this Council, after a public hearing on the determination of the allocation of maintenance and operation costs and annual assessments, passed a motion wherein, due to the benefit to the public and the City of the improvements, the City assumed all future costs for operation and maintenance of Parking Maintenance District No. 122 and the property owners would contribute $14,200 annually, less earned interest on the accumulating balance, to pay for capital repairs of the parking lots and associated walkways; WHEREAS, procedures of approval require the preparation of a Report on how the assessments were prepared and based, notice of hearing, and public hearing on the annual assessments;
WHEREAS, this Council intends to order an alternative method by which annual assessment Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 3 of 6 Rev: 11/22/17
levies for the payment of said costs and expenses will be apportioned according to special benefits among the several lots or parcels of property within the Parking Maintenance District pursuant to Section 16.10.490 and 16.10.500 of the Code of the City of Santa Clara; WHEREAS, the City’s Director of Public Works has made and filed with the City Clerk a written report (“Report”) setting forth the budget, the formula for the annual assessment levy, a description of each lot or parcel of property to be assessed and the amount of the assessment to be levied against each lot or parcel of property in accordance with said formula; and WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof requires or should be modified in any respect.

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

1. That this Council hereby determines that the costs and expenses of the maintenance and operation of the public automobile parking places, covered pedestrian lanes and walkways, fountains and landscaping within the City of Santa Clara Parking Maintenance District No. 122 cannot be appropriately financed pursuant to Sections 10107 and 10108 of Chapter 2, Division 12 of said Streets and Highways Code, and Chapter 26 of Part 3 of Division 7 of said Code, all as provided in Section 16.05.050 of the Code of the City of Santa Clara. This Resolution is therefore adopted, and proceedings are being taken pursuant to Section 16.10.490 and Section

16.10.500 of said Code of the City of Santa Clara to provide for an alternative method for the levy of benefit assessments for said purposes.

2. That it is the intent of this Council to order that an amount of $14,200 less any earned interest on accumulated balance, is needed annually to be assessed towards the costs of capital repairs of the parking lots and associated walkways and thereof shall annually be assessed either partly or wholly upon the lots and parcels of property within said maintenance district benefited thereby in accordance with the formula set forth, and that the City shall be responsible Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 4 of 6 Rev: 11/22/17
for the costs and expenses of maintaining and operating said public improvements within the Parking Maintenance District, including the cost of necessary repairs, replacements, water, fuel, power, gas, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation.

3. That a statement of the formula upon and by which annual assessment levies for the payment of said costs and expenses will be apportioned according to benefits among the several lots or parcels of property within said maintenance district is as follows:

Each assessment shall be determined on the basis of the gross floor area of the building located upon the lot or parcel of property assessed.

For the purposes of the formula herein, gross floor area shall mean that area computed from the outside dimensions of the building and not excluding corridors and other design features and aggregated for each additional story or mezzanine floor and any basement area.

4. That the City’s Director of Public Works has caused to be prepared and filed with the City Clerk a written report, which provides the basis for the levy of benefit assessments for said capital repairs of the parking lots and associated walkways, and the cost of maintenance and operation on all lots or parcels or property within the Parking Maintenance District. Said report sets forth the amounts to be provided in the budget for maintenance and operation, a description of each lot or parcel of property in the maintenance district, by a legal description, assessor's parcel number or other description sufficient to identify the same, and the amount of assessment to be levied for the fiscal year 2022/23 against each lot or parcel of property. The City Council directs the City Clerk to make the report open to public inspection.

5. NOTICE IS HEREBY GIVEN that Tuesday the 7th day of June, 2022 at the hour of 7:00 p.m. at the regular meeting place of the City Council in the Council Chambers at City Hall, 1500 Warburton Avenue, Santa Clara, California, be fixed as the time and place when and where this Council will hear any and all objections in relation to said alternative method for the levy of Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 5 of 6 Rev: 11/22/17
benefit assessments and said formula and when and where this Council will examine said report and hear all persons' interest therein. Any interested owner objecting to said alternative method for the levy of benefit assessments or to said formula or to the amount of the assessment on any lot or parcel of property owned may file with the City Clerk at or before the hour fixed for hearing an objection, describing the lot or parcel of property owned so that it may be identified, and stating the grounds of objection, and may appear at said hearing and be heard with regard thereto.

6. NOTICE IS HEREBY GIVEN that Monday, the 16th day of May 2022 at the hour of 4:00 p.m. through 4:30 p.m. a teleconference meeting will be hosted by Dave Staub, Department of Public Works Deputy Director to present and discuss the Director's Report.

7. No written ballots are required to be completed and returned.

8. The City Clerk is hereby authorized and directed to a) post a copy of notice of hearing on or near the Council Chamber door or any bulletin board in or adjacent to the City Hall, and b) publish once in a newspaper of general circulation, and c) mail notice to all property owners located within the District.
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Resolution of Intention for Alternative Method for the Levy of Benefit Assessment to PMD No. 122 Page 6 of 6 Rev: 11/22/17

9. 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
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-498 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”

DISCUSSION
Staff believes that the work described below is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the installation of the following electric facilities and approve the use of City forces.

Estimate Number: 36241
Location: 2233 Calle Del Mundo
Type of Service: New Business
Description of Work: Install 200 ft of 12kV cable from pole to a new padmount transformer, connect customer service cables, install metering, and two new lights.

Estimated Cost: $50,015
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37176
Location: 3401 Victor Street
Type of Service: New Business
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22-498 Agenda Date: 4/19/2022
Description of Work: Remove 150 ft of underground cable and old metering. Connect customer service cables and install new metering for pump station service.

Estimated Cost: $5,925
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37761
Location: 3580 La Rambla Place
Type of Service: New Business
Description of Work: Connect customer service cables and install new metering for temporary power.

Estimated Cost: $4,077
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37813
Location: Ryder Street east of Lawrence Expressway
Type of Service: New Business
Description of Work: Install two 65 ft Class H2 wood poles with 60kV insulators and guying tomove existing 60kV overhead lines across Ryder Street. This allows SummerHill Homes to install scaffolding for a new multi-story apartment building without conflict to SVP's 60kV circuit.

Estimated Cost: $27,819
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37841
Location: 2300 Calle De Luna
Type of Service: New Business
Description of Work: Remove wood crossarm and insulators and install one 12kV air switch on existing SVP pole.

Estimated Cost: $8,170
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37906
Location: 3350 Scott Boulevard
Type of Service: New Business
Description of Work: Install padmount sec. connectors to transformer, pull cable from transformer20504, install three 2-way connectors at three pullboxes, three 4-way connectors at one fullbox, and one 120/208 single-phase meter.

Estimated Cost: $8,305
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
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22-498 Agenda Date: 4/19/2022
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37561
Location: 3740 El Camino Real
Type of Service: Reliability
Description of Work: Caltrans traffic signal cabinet and pedestal are being relocated to meet ADA compliance, and a new meter is being installed.

Estimated Cost: $1,588
Appropriation: Electric Utility Capital Fund (591) Project 2006 - Distribution Capital Maintenance and Betterments
Source of Revenue: Customer Service Charges
Estimate Number: 37562
Location: 3201 Scott Blvd
Type of Service: Load Increase
Description of Work: Replace existing 750 kva padmount transformer with 1500kva padmount transformer.

Estimated Cost: $30,481
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 36504
Location: 2175 Martin
Type of Service: New Business
Description of Work: Install new 12kv feeders for new data center Estimated Cost: $186,942
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37909
Location: 2305 Mission College
Type of Service: New Business
Description of Work: Removal of a temporary padmount utility transformer which provided construction power for Customer’s Data Center Construction.

Estimated Cost: $3,190
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37548
Location: 1313 Memorex
Type of Service: Capacity
Description of Work: Remove existing (3) 50kva 240v tranformers and install a new 5000 kva 277/480v transformer.

Estimated Cost: $27,799
Appropriation: Electric Utility Capital Fund (591) Project 2006 - Distribution Capital City of Santa Clara Page 3 of 5 Printed on 4/14/2022
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22-498 Agenda Date: 4/19/2022
Maintenance and Betterments
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37249
Location: 4200 Great America Parkway
Type of Service: New Business
Description of Work: Install a new 750 kva 277/480v padmount transformer and metering devices for new car charger service.

Estimated Cost: $31,193
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 36081
Location: 1111 Comstock Ave
Type of Service: New Business
Description of Work: Install (2) 12kv services and metering for data center.

Estimated Cost: $171,033
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37931
Location: 2300 Calle De Luna
Type of Service: New Business
Description of Work: Install 2-45’ wood poles with high voltage air switches, 1500’ high voltage underground cable, 24 high voltage splices in 8 manholes and vaults.

Remove 6 poles and all hardware and 750’ of high voltage overhead circuit on Calle De Luna from Lafayette to Calle Del Sol.

Estimated Cost: $94,155
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution

ENVIRONMENTAL REVIEW
The actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15302(c) (Class 2 - Replacement or Reconstruction) because they involve the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and 15303(d) (Class 3 - New Construction or Conversion of Small Structures), because they involve the construction of new electric utility extensions.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $556,537 are included in the Fiscal Year 2021/22 Capital Budget, as indicated by each project appropriation. Of that total amount, all $527,150 is in the New Business Estimate Work and $29,387 is in the Transmission and Distribution Capital Maintenance and Betterments Capital Improvement Projects in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with City of Santa Clara Page 4 of 5 Printed on 4/14/2022
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22-498 Agenda Date: 4/19/2022
encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

COORDINATION
This report has been coordinated with the Finance Department and 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] or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution authorizing the use of City Electric Forces at 2233 Calle Del Mundo, 3401 Victor Street, 3580 La Rambla Place, Ryder Street east of Lawrence Expressway, 2300 Calle De Luna, 3350 Scott Boulevard, 3740 El Camino Real, 3201 Scott Boulevard, 2175 Martin Avenue, 2305 Mission College, 1313 Memorex Drive, 4200 Great America Parkway, and 1111 Comstock Avenue.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Office of the City Manager

ATTACHMENTS

1. Resolution - Use of City Electric Forces
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council #22-498, dated April 19, 2022, by its own employees; and, WHEREAS, the City Council has declared and determined that the work in question may be performed better or more economically by the City with its own employees.

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

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the Report to Council #22-498, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///
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Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18

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: April 19, 2022, Report to Council #22-498 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-424 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces Along Magellan Avenue

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”

DISCUSSION
Staff believes that the work described below is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the installation of the following electric facilities and approve the use of City forces.

Estimate Number: 37938
Location: at various pole locations along Magellan Avenue Type of Service: Capacity
Description of Work: Replacement of existing 8 poles with 7 qty of 55-ft poles and 1 qty of 50-ft pole on existing three phase 12KV line. Add new 6 spans of new 12 KV line with 3-397AAC KCMIL overhead conductors above existing 12 KV line from pole 11E01 to 10F05. Transfer other utilities including secondary electric and service drops from existing to new pole. Remove existing poles. Cleanup and restoration of site.

Estimated Cost: $97,719
Appropriation: Electric Utility Capital Fund (591) Project 2006 - Distribution Capital Maintenance and Betterments
Source of Revenue: Customer Service Charges
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22-424 Agenda Date: 4/19/2022

ENVIRONMENTAL REVIEW
The actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15302(c) (Class 2 - Replacement or Reconstruction) because it involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity, and 15303(d) (Class 3 - New Construction or Conversion of Small Structures), because they involve the construction of new electric utility extensions.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $97,719 are included in the Transmission and Distribution Capital Maintenance and Betterments Capital improvement project in the Electric Utility Capital Fund for the Fiscal Year 2021/22 Capital Budget. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

COORDINATION
This report has been coordinated with the Finance Department and 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]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution authorizing the use of City Electric Forces at various pole locations along Magellan Avenue.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Office of the City Manager

ATTACHMENTS

1. Resolution - Use of City Electric Forces
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the section 1310 of the Charter of the City of Santa Clara generally requires every contract involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of public works to be let to the lowest responsible bidder; WHEREAS, section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the work in question may be performed better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council dated April 19, 2022, by its own employees; and WHEREAS, the City Council has declared and determined that the work in question may be performed better or more economically by the City with its own employees.

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

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the April 19, 2022, Report to Council #22-424, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees.
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Resolution/Use of City Electric Forces Page 2 of 2
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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. April 19, 2022, Report to Council #22-424
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-435 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action to amend Resolution 21-8989, “Proclamation of a Local Emergency Due to Extreme Drought Conditions in the City of Santa Clara” to Restrict Outdoor Watering to a Maximum of Two (2) Days per Week to Address the Severe Drought Emergency.

COUNCIL PILLAR
Promote Sustainability and Environmental Protection

BACKGROUND
California is in the third year of a drought and has had a record dry period for January and February 2022 with March seeing minimal amounts of rain as the climate continues to change. Many of the State’s reservoirs are below average levels and as a result the State Water Project is projected to substantially reduce anticipated deliveries to wholesale agencies like Valley Water. In response to the Governor’s Order of March 28, 2022 and the extreme and expanding drought conditions and in recognition of actions taken by the City’s water supply partners, the City Manager, in her role as Director of Emergency Services, acted on July 12, 2021 to proclaim that the City of Santa Clara was in emergency drought conditions. Section 2.140.060 of the City Municipal Code requires that the City Council take action within seven (7) days to ratify such action. Council took action on July 13, 2021 to approve the emergency declaration and to implement actions that encourage and achieve water conservation as outlined in Stage 2 of the City’s Water Shortage Contingency Plan approved on June 22, 2021, as part of the City’s 2020 Urban Water Management Plan <https://www.santaclaraca.gov/home/showpublisheddocument/74073/637606452907100000>.

DISCUSSION
The City Water & Sewer Utilities Department proposes to reduce the current three (3) days per week outdoor watering restriction to two (2) days per week in accordance with Stage 2 of the City’s Water Shortage Contingency Plan to further reduce City water use. The reduction of watering days will assist with meeting our conservation goals to reduce water consumption by 15%.

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 proposed action has no fiscal impact beyond the cost of staff time.

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22-435 Agenda Date: 4/19/2022

COORDINATION
This report was coordinated with 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]> or at the public information desk at any City of Santa Clara public library.

ALTERNATIVES

1. Amend Resolution 21-8989, to Restrict Outdoor Watering to a Maximum of Two (2) Days per Week to Address the Severe Drought Emergency.

2. Do Not Amend Resolution 21-8989 and Leave in Place a Maximum of Three (3) Day per Week Outdoor Watering Restriction.

RECOMMENDATION
Alternative 1: Amend Resolution 21-8989 “Proclamation of a Local Emergency Due to Extreme Drought Conditions in the City of Santa Clara” to Restrict Outdoor Watering to a Maximum of Two (2) Days per Week to Address the Severe Drought Emergency.

Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: Office of the City Manager

ATTACHMENTS

1. Proposed Resolution Amending Resolution No. 21-8989

2. Resolution No. 21-8989
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Resolution/Drought Emergency and Limit Outdoor Watering Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING RESOLUTION NO. 21-8989,
“PROCLAMATION OF EMERGENCY DROUGHT CONDITIONS
BY THE DIRECTOR OF EMERGENCY SERVICES” AND
AUTHORIZING IMPLEMENTATION OF STAGE 2 OF THE

WATER SHORTAGE CONTINGENCY PLAN TO RESTRICT
OUTDOOR WATERING DAYS FROM THREE (3) DAYS TO
TWO (2) DAYS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, section 2.140.060 of “The Code of the City of Santa Clara, California” (“SCCC”) empowers the Director of Emergency Services to proclaim the existence or threatened existence of a “local emergency” when the City of Santa Clara is affected or likely to be affected by a public calamity, subject to ratification by the City Council within seven days; WHEREAS, extreme drought conditions in the San Francisco Bay Area region and the City of Santa Clara have the potential of extreme peril to the safety of persons and property within the City;
WHEREAS, on June 9, 2021 the Board of Directors of the Santa Clara Valley Water District (Valley Water) declared a water shortage emergency condition in Santa Clara County and called for a mandatory 15% reduction in water usage County wide as compared to 2019; WHEREAS, on June 15, 2021, the Santa Clara County Director of Emergency Services proclaimed a local emergency related to extreme drought conditions; WHEREAS, on June 22, 2021, the Santa Clara County Board of Supervisors adopted a resolution ratifying the June 15, 2021 proclamation by the Director of Emergency Services; WHEREAS, on July 8, 2021, California Governor Gavin Newsom extended his previous drought proclamation to include Santa Clara County;
WHEREAS, on July 12, City Manager Deanna J. Santana, acting in her role as the City’s Director of Emergency Services, proclaimed a local emergency due to extreme drought conditions in the City of Santa Clara;
Resolution/Drought Emergency and Limit Outdoor Watering Page 2 of 3 Rev: 11/22/17
WHEREAS, On November 23, 2021 Mayor London N. Breed and the San Francisco Public Utilities Commission (SFPUC) declared a water shortage emergency with a 10 percent reduction compared to water use from July 2019 to June 2020 in water usage across its regional system, and;
WHEREAS, On March 28, 2022, Governor Newsom’s Executive Order strongly asserted the need to voluntary reduce water use by 15% compared to 2020 levels, by implementing local and state conservation requirements and directives to preserve existing supplies WHEREAS, the City Council hereby finds that these extreme drought conditions did warrant and necessitate the proclamation of the existence of a local emergency; WHEREAS, the existence of this local emergency does necessitate the implementation of Stage 2 of the City’s Water Shortage Contingency Plan, with slight modifications, and does hereby institute the water use prohibitions listed below.

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

1. That the City Council hereby finds that conditions of extreme peril to the safety of persons and property did warrant and necessitate the proclamation of the existence of a local emergency.

2. That the Director of Emergency Services of the City of Santa Clara did proclaim the existence of a local emergency within the City of Santa Clara on July 12, 2021.

3. That it is therefore proclaimed and ordered that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.

4. That Stage 2 of the City’s Water Shortage Contingency Plan be implemented with the following water use regulations:

A. Expand a Public Information Campaign
Resolution/Drought Emergency and Limit Outdoor Watering Page 3 of 3 Rev: 11/22/17
B. Increase Water Waste Patrols and Enforcement of Permanent Water Use Restriction Ordinance in Section 1C of the Water Service and Use Rules and Regulations (Municipal Code 13.15.080)
C. Reduce System Water Loss
D. Decrease Hydrant/Line Flushing, Unless for Public Health and Safety E. Prohibit Filling of Decorative Water Features Except to Sustain Aquatic Life and Requiring that those Features Use Recirculating Water
F. Require the Water Used for Construction and Dust Control be Recycled Water when that Water is Available.

G. Restrict New Irrigation Connections to Those that Use Recycled Water When that Water is Available.

H. Restrict Irrigation on Golf Courses to Recycled Water when that Water is Available.

I. Restrict Outdoor Watering to a Maximum of Two (2) Days per Week for All Customers with Odd Numbered Addresses and Sites with No Address Watering on Mondays and Thursdays and Even Numbered Addresses Watering on Tuesdays and Fridays.

5. That the Stage 2 prohibitions listed above are in addition to the prohibitions already codified in Section 1C of the City’s Water Service and Use Rules and Regulations

6. 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 ________________, 20__, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

Resolution/Drought Emergency and Limit Outdoor Watering Page 4 of 3 Rev: 11/22/17
ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: __________________________

NORA PIMENTAL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
RESOLUTION NO. 21-8989

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, RA Tl FYI NG THE PROCLAMATION OF

EMERGENCY DROUGHT CONDITIONS BY THE DIRECTOR OF

EMERGENCY SERVICES AND AUTHORIZING
IMPLEMENTATION OF STAGE 2 OF THE WATER SHORTAGE

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

WHEREAS, section 2.140.060 of "The Code of the City of Santa Clara, California" ("SCCC") empowers the Director of Emergency Services to proclaim the existence or threatened existence of a "local emergency" when the City of Santa Clara is affected or likely to be affected by a public calamity, subject to ratification by the City Council within seven days; WHEREAS, extreme drought conditions in the San Francisco Bay Area region and the City of Santa Clara have the potential of extreme peril to the safety of persons and property within the City;
WHEREAS, on June 9, 2021 the Board of Directors of the Santa Clara Valley Water District (Valley Water) declared a water shortage emergency condition in Santa Clara County and called for a mandatory 15% reduction in water usage County wide as compared to 2019; WHEREAS, on June 15, 2021, the Santa Clara County Director of Emergency Services proclaimed a local emergency related to extreme drought conditions; WHEREAS, on June 22, 2021, the Santa Clara County Board of Supervisors adopted a resolution ratifying the June 15, 2021 proclamation by the Director of Emergency Services; WHEREAS, on July 8, 2021, California Governor Gavin Newsom extended his previous drought proclamation to include Santa Clara County;
WHEREAS, on July 12, City Manager Deanna J. Santana, acting in her role as the City's Director of Emergency Services, proclaimed a local emergency due to extreme drought conditions in the City of Santa Clara;
II
Resolution/Proclamation of Existence of Local Emergency Rev: 11 /22/17

WHEREAS, the City Council hereby finds that these extreme drought conditions did warrant and necessitate the proclamation of the existence of a local emergency; and, WHEREAS, the existence of this local emergency does necessitate the implementation of Stage 2 of the City's Water Shortage Contingency Plan, with slight modifications, and does hereby institute the water use prohibitions listed below.

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

1. That the City Council hereby finds that conditions of extreme peril to the safety of persons and property did warrant and necessitate the proclamation of the existence of a local emergency.

2. That the Director of Emergency Services of the City of Santa Clara did proclaim the existence of a local emergency within the City of Santa Clara on July 12, 2021.

3. That it is therefore proclaimed and ordered that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council.

4. That Stage 2 of the City's Water Shortage Contingency Plan be implemented with the following water use regulations:

A. Expand a Public Information Campaign.

B. Increase Water Waste Patrols and Enforcement of Permanent Water Use Restriction Ordinance in Section 1 C of the Water Service and Use Rules and Regulations (Municipal Code 13.15.080).

C. Reduce System Water Loss.

D. Decrease Hydrant/Line Flushing, Unless for Public Health and Safety.

E. Prohibit Filling of Decorative Water Features Except to Sustain Aquatic Life and Requiring that those Features Use Recirculating Water.

F. Require the Water Used for Construction and Dust Control be Recycled Water when that Water is Available.

Resolution/Proclamation of Existence of Local Emergency Rev: 11/22/17

G. Restrict New Irrigation Connections to Those that Use Recycled Water When that Water is Available.

H. Restrict Irrigation on Golf Courses to Recycled Water when that Water is Available.

I. Restrict Outdoor Watering to a Maximum of Three (3) Days per Week for All Customers with Odd Numbered Addresses and Sites with No Address Watering on Mondays, Thursdays, and Saturdays and Even Numbered Addresses Watering on Tuesdays, Fridays, and Sundays.

5. That the Stage 2 prohibitions listed above are in addition to the prohibitions already codified in Section 1 C of the City's Water Service and Use Rules and Regulations

6. 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 13TH DAY OF JULY, 2021, BY THE FOLLOWING VOTE:

AYES: COUNCILORS: Becker, Chahal, Jain, Park, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

None
Hardy
None

ORA PIMENTEL, MM

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

1. Proclamation of Local Emergency for Extreme Drought Conditions Resolution/Proclamation of Existence of Local Emergency Rev: 11 /22/17

(*MUST BE RATIFIED BY THE CITY COUNCIL WITHIN 7 DAYS OF THE PROCLAMATION

BY THE DIRECTOR OF EMERGENCY SERVICES AND MUST BE REVIEWED AT LEAST EVERY 60 DAYS UNTIL TERM/NAT/ON PER GOV'T CODE 8630)
NO. 21-01

A PROCLAMATION OF LOCAL EMERGENCY FOR EXTREME

DROUGHT CONDITIONS IN THE CITY OF SANTA CLARA,

CALIFORNIA BY THE DIRECTOR OF EMERGENCY SERVICES
BE IT PROCLAIMED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, section 2.140.060 of "The Code of the City of Santa Clara, California" ("SCCC") empowers the Director of Emergency Services to proclaim the existence or threatened existence of a "local emergency" when the City of Santa Clara is affected or likely to be affected by a public calamity, subject to ratification by the City Council within seven days; and WHEREAS, extreme drought conditions in the San Francisco Bay Area region and the City of Santa Clara have the potential of extreme peril to the safety of persons and property within the City;
WHEREAS, on June 9, 2021 the Board of Directors of the Santa Clara Valley Water District (Valley Water) declared a water shortage emergency condition in Santa Clara County and called for a mandatory 15% reduction in water usage County wide as compared to 2019; WHEREAS, on June 15, 2021, the Santa Clara County Director of Emergency Services proclaimed a local emergency related to extreme drought conditions; WHEREAS, on June 22, 2021, the Santa Clara County Board of Supervisors adopted a resolution ratifying the June 15, 2021 proclamation by the Director of Emergency Services; WHEREAS, on July 8, 2021, California Governor Gavin Newsom extended his previous drought proclamation to include Santa Clara County;
WHEREAS, the existence of this local emergency does necessitate the implementation of Stage 2 of the City's Water Shortage Contingency Plan, with slight modifications, and does hereby institute the water use prohibitions listed below.

Proclamation of Local Emergency Page 1 of 3
NOW, THEREFORE, IT IS HEREBY PROCLAIMED:

1. That the Director of Emergency Services hereby finds that conditions of extreme peril to the safety of persons and property do warrant and necessitate the proclamation of a local emergency throughout the City of Santa Clara.

2. That the Director of Emergency Services of the City of Santa Clara proclaims the existence of a local emergency within the City of Santa Clara on July 12, 2021.

3. That Stage 2 of the City's Water Shortage Contingency Plan be implemented with the following water use regulations:

A Expand a Public Information Campaign
B. Increase Water Waste Patrols and Enforcement of Permanent Water Use Restriction Ordinance in Section 1 C of the Water Service and Use Rules and Regulations (Municipal Code 13.15.080)
C. Reduce System Water Loss
D. Decrease Hydrant/Line Flushing, Unless for Public Health and Safety E. Prohibit Filling of Decorative Water Features Except to Sustain Aquatic Life and Requiring that those Features Use Recirculating Water
F. Require the Water Used for Construction and Dust Control be Recycled Water when that Water is Available.

G. Restrict New Irrigation Connections to Those that Use Recycled Water When that Water is Available.

H. Restrict Irrigation on Golf Courses to Recycled Water when that Water is Available.

I. Restrict Outdoor Watering to a Maximum of Three (3) Days per Week for All Customers with Odd Numbered Addresses and Sites with No Address Watering on Mondays, Thursdays, and Saturdays and Even Numbered Addresses Watering on Tuesdays, Fridays, and Sundays.

Proclamation of Local Emergency Page 2 of 3

4. That the Stage 2 prohibitions listed above are in addition to the prohibitions already codified in Section 1 C of the City's Water Service and Use Rules and Regulations

5. That it is therefore proclaimed and ordered that the local emergency shall be ratified by the City Council within 7 days of this proclamation, or otherwise expire, and will be reviewed at least every 60 days until termination is proclaimed by the City Council.

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

Dated: -------- 7/12/2021 Signed: ~Jl 0 J? "'
Director of Em~gency Services

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A PROCLAMATION OF

EMERGENCY FOR THE CITY OF SANTA CLARA, CALIFORNIA, BY THE DIRECTOR OF EMERGENCY SERVICES ON THE 12TH DAY OF JULY 2021.

ATTEST:

Proclamation of Local Emergency

NORA PIMENTEL, MM

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-346 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action on Final Map for Tract 10566 at 3035 El Camino Real

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
On December 17, 2019, the City Council approved the Residential Condominium Project (Project) located at 3035 El Camino Real to allow the construction of 48 residential condominium units, including six live/work units, on a 1.88-acre site (Agenda Item 2). A Final Map for Tract 10566 is required to be filed by the applicant as part of the Project.

DISCUSSION
The Final Map for Tract 10566 has been reviewed by staff and meets the Project’s Tentative Condominium Map requirements. The Conditions, Covenants, and Restrictions (CC&R’s) have been reviewed and approved by the Community Development Department and the City Attorney’s Office.

ENVIRONMENTAL REVIEW
The Mitigated Negative Declaration for the Project was approved by Council on December 17, 2019.

FISCAL IMPACT
There is no additional cost to the City other than staff time.

COORDINATION
This report has been coordinated with the Community Development 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

1. Approve Final Map for Tract 10566;

2. Authorize the Office of the City Manager and/or Designee to make minor modifications, if necessary, prior to recordation; and

3. Authorize the recordation of Final Map for Tract 10566, located at 3035 El Camino Real [APN 220- City of Santa Clara Page 1 of 2 Printed on 4/14/2022
powered by Legistar™
22-346 Agenda Date: 4/19/2022
32-059 (2021-22)].

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENTS

1. Tract Map 10566
City of Santa Clara Page 2 of 2 Printed on 4/14/2022
powered by Legistar™
1570 Oakland Road San Jose, CA 95131
OVtNER'S STATEMENT

WE HEREBY STATE THAT WE ARE THE OWNERS OF OR HAVE SOME RIGHT, TITLE OR INTEREST IN ANO TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN ON THE MAP;

THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID REAL PROPERTY; THAT WE HEREBY CONSENT TO THE MAKING OF SAID MAP AND

SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE AND ALL DEDICATIONS AND OFFERS OF DEDICATION THEREIN.

WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA, EASEMENTS FOR EMERGENCY

VEHICLE ACCESS PURPOSES ON, ALONG, ACROSS AND OVER THOSE CERTAIN STRIPS OF LAND DESIGN A TED AND DELINEATED HEREON AS "EVAE" (EMERGENCY VEHICLE ACCESS EASEMENT).

SAID EASEMENTS SHALL BE KEPT FREE AND CLEAR OF OBSTRUCTION OF ANY KIND, AND SHALL BE MAINTAINED BY PROPERTY OWNERS SUCH THAT THE SURFACE SHALL SUPPORT EMERGENCY VEHICLE USE.

WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA, EASEMENTS AND RIGHT-OF-WAY

IN, ON, OVER, UNDER, ALONG AND ACROSS THOSE CERTAIN AREAS/STRIPS DESIGNATED HEREON AS "SSE" (SANITARY SEWER EASEMENT), FOR THE PURPOSE OF CONSTRUCTING,

INSTALLING, OPERATING, MAINTAINING, REPAIRING, AND REPLACI NG CITY OF SANTA CLARA

UNDERGROUND SANITARY SEWER FACILITIES, INCLUDING A REASONABLE RIGHT OF INGRESS AND EGRESS OVER ADJOINING LOTS. SAID EASEMENTS SHALL BE KEPT OPEN AND FREE FROM

BUILDING AND STRUCTURES OF ANY KIND EXCEPT PAVEMENT, LANDSCAPE (NO TREES), IRRIGATION SYSTEMS, LAWFUL FENCES, AND APPURTENANCES THERETO. ADDITIONALLY, PRIVATE

UTILITIES AND COMMUNICATION CONDUITS CROSSING SAID EASEMENT, AS SHOWN ON THE PLANS REVIEWED AND APPROVED BY THE CITY OF SANTA CLARA IN CONJUNCTION WITH THIS SUBDIVISION, SHALL ALSO BE PERMITTED IN SAID EASEMENT. MAINTENANCE LIABILITIES FOR THE

PRIVATE IMPROVEMENTS CONTAINED WITHIN SAID EASEMENT SHALL REMAIN WITHIN OWNERS, THEIR SUCCESSORS, HEIRS AND ASSIGNS. ANY FUTURE PRIVATE IMPROVEMENTS WITHIN SAID EASEMENT SHALL REQUIRE PRIOR "IVRITTEN APPROVAL OF THE CITY OF SANTA CLARA.

WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA AN EASEMENT FOR THE

CONSTRUCTION AND MAINTENANCE, AND PUBLIC USE OF A SIDEWALK WITHIN THE STRIP OF LAND DESIGNATED AND DELINEATED HEREON AS "SWE" (SIDEWALK EASEMENT). SAID EASEMENT

SHALL BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT

UNDERGROUND PUBLIC UTILITY STRUCTURES, IRRIGATION SYSTEMS, AND APPURTENANCES THERETO THAT DO NOT INTERFERE WITH THE PURPOSES OF THE EASEMENT.

WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA EASEMENTS IN, ON, OVER, UNDER,

ALONG, AND ACROSS THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED HEREON AS "WL..E" (WATER LINE EASEMENT) FOR THE PURPOSE OF CONSTRUCTING, INSTALLING,

OPERATING, MAINTAINING, REPAIRING AND REPLACING WATER DISTRIBUTION SYSTEM FACILITIES AND APPURTENANCES THERETO. SAID EASEMENTS SHALL BE KEPT OPEN AND FREE FROM

TREES, BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT IRRIGATION SYSTEMS AND APPURTENANCES THERETO, AND LAWFUL FENCES. NO PRIVATE OR OTHER PUBLIC UTILITIES SHALL BE PLACED IN THE "WLE" EXCEPT FOR PURPOSE OF CROSSING. THE CITY SHALL HAVE

RIGHT OF ACCESS ACROSS AND/OR ALONG THE ADJOINING PROPERTY FOR THE PURPOSE OF MAINTAINING, REPLACING, ADDING TO, OR REMOVAL OF ITS FACILITIES.

WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA EXCLUSIVE EASEMENTS IN, ON,

UNDER, ALONG AND ACROSS THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED HEREON AS "UGEE" (UNDERGROUND ELECTRICAL EASEMENT) FOR THE PURPOSE OF CONSTRUCTING ANO RECONSTRUCTING, INSTALLING, OPERATING, MAINTAINING.

REPAIRING, AND/OR REPLACING UNDERGROUND ELECTRICAL DISTRIBUTION AND/OR COMMUNICATION SYSTEMS, AND APPURTENANCES. THE ABOVE MENTIONED UNDERGROUND

ELECTRICAL EASEMENT SHALL BE KEPT OPEN AND FREE FROM TREES, BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT IRRIGATION SYSTEMS ANO LAWFUL FENCES. NO PRIVATE OR OTHER PUBLIC UTILITIES SHALL BE PLACED IN THE "UGEE" EXCEPT FOR PURPOSE OF CROSSING. THE CITY SHALL HAVE RIGHT OF ACCESS ACROSS ANO/OR

ALONG THE ADJOINING PROPERTY FOR THE PURPOSE OF MAINTAINING, REPLACING, ADDING TO, OR REMOVAL OF ITS FACILITIES.

WE ALSO HEREBY DEDICATE TO PUBLIC USE, EASEMENTS FOR SURFACE FLOW OF STORM WATER ON OR OVER THOSE AREAS OF LAND DESIGNATED ANO DELINEATED AS "OSDRE" (OVERLAND STORM DRAINAGE RELEASE EASEMENT). SAID EASEMENTS SHALL BE KEPT OPEN

AND FREE OF ANY OBSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO, BERMS, TREES,

PERMANENT EXCAVATIONS, SHRUBS, BUILDINGS OR PERMANENT STRUCTURES OF ANY KIND EXCEPT LAWFUL UNSUPPORTED ROOF OVERHANGS. FURTHERMORE, THE SURFACE ELEVATIONS

OF SAID EASEMENTS SHALL NOT BE ALTERED WITHOUT THE WRITTEN CONSENT OF THE CITY ENGINEER OF THE CITY OF SANTA QARA.

TAYLOR MORRISON OF CALIFORNIA, LLC,

A CALIFORNIA LIMITED LIABILITY COMPANY

JENNIFER SKILLINGS

VICE PRESIDENT
474810fl.101
TRACT 10566

BLUEPRINT AT SANTA CLARA
CONSISTING OF 3 SHEETS
BEING A SUBDIVISION CREA TING 1 LOT, INCLUDING A MAXIMUM Of 48 CONDOMINIUM

UNITS, OF AU OF THAT PARCEL OF LAND DESCRIBED IN THE GRANT DEED RECORDED IN DOCUMENT NO. 24903764, IN THE OfflCIAL RECORDS OF SANTA

CLARA COUNTY, ANO LYING ENTIRELY WITHIN THE CITY OF SANTA CLARA, COUNTY

OF SANTA CLARA, STATE OF CALIFORNIA
FEBRUARY 2022
--1-IM l-t--
OVtNER'S ACKNOWLEDGMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL 'M-iO SIGNED THE DOCUMENT TO 'M-ilCH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF ----------·\s

COUNTY OF
ON ==~~--~=~~- 20 _ _, BEFORE ME, __________ _

A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE,
PERSONALLY APPEARED --~----~---~-----~ _

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT

BY HIS/HER/THEIR SIGNA TURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

WITNESS MY HAND.

NOTARY$ SIGNATURE
PRINTED NOTARv'S NAME

COUNTY OF NOTARY'S PRINCIPAL PLACE OF BUSINESS

EXPIRATION DATE OF NOTARY'S COMMISSION

NOTARY COMMISSION NUMBER

SOILS AND GEOLOGICAL REPORT
A SOILS REPORT AND/OR GEOLOGICAL REPORT, PROJECT NO. 168-89, ON THIS PROPERTY HAS BEEN PREPARED BY STEVENS FERRONE & BAILEY, DATED JULY .31, 2019, A COPY OF

WHICH HAS BEEN FILED WITH THE BUILDING AND INSPECTION DIVISION OF THE CITY OF SANTA CLARA PLANNING AND INSPECTION DEPARTMENT.

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD

SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF TAYLOR MORRISON IN SEPTEMBER 2020. I HEREBY

STA TE THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED VESTING TENTATIVE FINAL MAP; THAT THE SURVEY IS TRUE ANO COMPLETE AS SHOWN; THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY IMLL BE SET IN THOSE POSITIONS BEFORE FEBRUARY 2025, AND

THAT THE MONUMENTS ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. DATE:
______ _
TRACY L. GIORGETTI, LS 8720
CllY SURVEYOR'S STATEMENT

I HEREBY STATE THAT I HAVE EXAMINED THE HEREON FINAL MAP AND I AM SATISFIED THAT SAID MAP IS TECHNICALLY CORRECT.

DATE: ______ _
CllY ENGINEER'S STATEMENT
PETER C. GOLDING, LS# 4768

ACTING CITY SURVEYOR
CITY OF SANTA CLARA, CALIFORNIA •
I HEREBY STATE THAT I HAVE EXAMINED THE HEREON FINAL MAP; THAT THE SUBDIVISION

SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE FINAL MAP, ANO ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT, AS AMENDED, ANO OF ANY LOCAL ORDINANCE APPLICABLE

AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE PARCEL MAP HAVE BEEN COMPLIED W1TH,
DATE:
______ _
CllY CLERK'S STATEMENT
MICHAEL JACK LIW, RCE# 59554

CITY ENGINEER CITY OF SANTA CLARA, CALIFORNIA
I HEREBY STATE THAT ON THE 17TH DAY OF DECEMBER, 2019, THE CITY COUNCIL OF THE

CITY OF SANTA CLARA, CALIFORNIA, DID APPROVE THE VESTING TENTATIVE OF THIS MAP AND

ON DID APPROVE THIS FINAL MAP ANO DID ACCEPT ON BEHALF OF THE

PUBLIC ALL STREET ANO EASEMENT DEDICATIONS IF ANY, REQUIRED AS A CONDITION OF

APPROVAL OF SAID MAP AND IN CONFORMITY WITH THE TERMS OF THE OFFER OF THE DEDICATION MADE HEREON. DATE:
_____ _
COUNlY RECORDER'S STATEMENT
BY:

NORA PIMENTAL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA, CALIFORNIA
FILE NO. _____ FEE $ _____ PAID. ACCEPTED FOR RECORD AND FILED THIS DAY OF 20 __ _, AT -----""
IN BOOK ____ OF MAPS, AT PAGES SANTA CLARA COUNTY RECORDS AT THE REQUEST OF _______________ _
SAM21-0002/PLN2018-13266

REGINA ALCOMENDRAS, COUNTY RECORDER

SANTA CLARA COUNTY, CALIFORNIA
BY:
__________ _
DEPUTY
SHEET 1 Of .3 SHEETS HMH 4748.10.240
1570 Oakland Road San Jose, CA 95131
1': Ii:
!=1:,
.
n Rl
illw8 (IRON PIPE, RJ)
447
R2~~~DE
(IRON PIPE, R2)t
N .~ I
<w w
TRACT 10566

BLUEPRINT AT SANTA CLARA

CONSISTING OF J SHEETS
BEING A SUBDIVISION CREA TING 1 LOT, INCLUDING A MAXIMUM OF 48 CONDOMINIUM UNITS, OF All. OF lHAT PARCEL OF LAND DESCRIBED IN lHE GRANT DEED RECORDED IN DOCUMENT NO. 24903764, IN lHE OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND LYING ENTIRELY 'MlHIN lHE OTY OF SANTA CLARA, COUNTY OF SANTA CL.ARA, STAlE OF CALIFORNIA
FEBRUARY 2022 i_ J :>well 436 " 435 434 n 15' :.:3a 5DE : 32 431 i i'
--~--.-81_~-~~i~~--w~,'.· ~itr-
________________ N88~0·01·w _ 281 oo· _ -fl; . . ___ i=:OR-'82 ______ t'j.._,¥'--,-. -~ ~•ss~.,~·:~~~~:·~:.~"~•·~"~· l~/r _________ -:_-_-__ 1 _____ N88'47'05"W_2«81' _ _ _ ____ .J:--'.2 OS0R£ --::...r_-------l'li-- --t- IM I -t--

BOWERS PLAZA GP
DOC 22258502
: "-t~~~it ~L21·_J
I/ L•l0.5'+<"•- 10.00: L:15.71' r,,. EVA£ 181·00• R• l0.00' L•l ".11:J+ ~,ow-Ci I I lF90'00 00 6=90'00 00 R=2.00' I ,:
, ,
:

I
:

I ,.,,.- , I
-•-
Jj ,e• EVA£ I I I- I : I I I I l
! : 26' EVA£ i I
I I I
ho -.., I I
..... 1 I~ ~I '--19•4~
et:I :? · I 1-=- !
Jl-1 J 15 310
1 INCH = 30 FEET

BASIS OF BEAAINGS
THE BEARING NORTH 69'52' EAST Of THE MONUMENT LINE OF EL CAMINO REAL FROM CALABAZAS BLVD TO BOWERS AVENUE AS SHO'M-1 ON THAT CALTRANS RIGHT Of WAY RECORD MAP R- 505.11, AND AS FOUND MONUMENTED ANO ROTATED CLOCKWISE 01' OJ' 13" FOR THE PURPOSE Of THIS MAP, WAS ADOPTED AS THE BASIS Of BEARINGS.

NOlES

1. DISTANCES ANO DIMENSIONS ARE SHOWN IN FEET ANO DECIMALS THEREOF.

2. THE DISTINCTIVE BORDER LINE DENOTES THE BOUNDARY OF THE SUBDIVISION.

3. THE AREA WITHIN THE DISTINCTIVE BORDER IS 1.69 ACRES, MORE OR LESS.

4. ALL EASEMENT LINES WITHOUT BEARINGS ARE PARALLEL WITH OR PERPENDICULAR TO THE LOT LINES OR BOUNDARY LINES.

5. SOME DIMENSIONS SHO'M-1 WITHIN THE HEREON MAP ARE DISPLAYED WITHOUT THE DECIMAL POINT (IE: 10') DUE TO SPACE CONSTRAINTS. ALL SUCH DIMENSIONS ARE ACTUALLY ACCURATE TO THE NEAREST ONE- HUNORETH OF A FOOT (IE: 10' - 10.00') -!~· -I LOT 1 '" lg ~- SEE SHEET 3 FOR UGEE : ?- -
g I : & ; ~GEN-° - - DISTINCTI\ot: BORDER LINE
n ~I gJ j gJ 1' w - - - - - - EASEMENT LINE f I~ : - -;; - ~~~:DG DE~:::; ~;~RENCES: I~ I RI: TRACT 1405 57-1.1-33 R6: BOOK 5634-0R- 554 §l 11 N I • =§: ::g ;:~~ ~t~:;~ =~: :gg~ ;~:~g=:::: 11 R=I0.00' L=15.71' R• I0.00' L•l5.71' I I R4: PM 631-M-11 R9: PM 876-M-25 11: !:~o_:o~o~ ____ _ l___ __ ,~.~·-
___ ___ __ __
:I I ® Rf F~~~0c:~:::,:0
1: ::::ENM/•::~505.11
Q FOUND 2.5" BRASS DISK IN MONUMENT WELL "DIV OF HIGHWAY" R5 1 I ! l O 3/4" IRON PIPE SET &. TAGGED "LS 6720"
1 I J ~:1.=_o~i_~~N~ TO SCALE
.. -J L +"'-+--.
_-10-_00-_ , _ 15_11 _
---r----- N..-.,•05•• , .. _oo· __ __ ____ __ ___ ___ _J (T) TOTAL OF DIMENSIONS ALONG THIS LINE OR CURVE .., r-- . \._ .,_., (M- M) MONUMENT TO MONUMENT DIMENSIONS 11 h-90"00'00" <J:t
I 11 : OSDRE OVERLAND STORM DRAINAGE EASEMENT

SOE STORM DRAIN EASEMENT
11 26' EVAE f-1 SSE SANITARY SEWER EASEMENT SWE SIDEWALK EASEMENT 1 e uGEE UNDERGROUND ELECTRICAL EASEMENT I
11 I~ WATER LINE EASEMENT \$1
-ill ,l, -,~~x10'.n~~~__r------~) ___ j_3~3J~ - ----------,_1&_;•~~~~~- !~t'• ;io 5754 F"6' I "'::,I j - 7 • ~145 ~19~ ----- - ~-T--."'l.-~<D ----- N69"044TW co26100'R6 ----=i '° =-- - o= mi -. '1---- 5333 R7 _______l__ (_ EASTERLY -- -- -- --- --- -- -- -- -• -- -- 193~94:, - , CCIW I ,w LINE OF R7 ,wl 51 S n EL CAMINO REAL n
jg Iii ~g jl! ~, i~· I
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474S10FM02 SAM21-0002/PLN2018-13266 SHEET 2 OF 3 SHEETS HMH 4748.10.240 1570 Oakland Road San Jose, CA 95131

LINE TABLE
LINE BE,6,RING
L1 NS8'59'01•w
L2 NS8"47'05"W
" N112·ss·E L4 NS8'47'os·w
LS N88"47'05"W
L6 N1,2'ss·E
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LENGTH

10.00' 19.25'

3.50'

7.74'

5.04'

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BLUEPRINT AT SANTA CLARA

CONSISTING OF J SHEETS
BEING A SUBDIVISION CREA TING 1 LOT, INCLUDING A MAXIMUM OF 48 CONDOMINIUM UNITS, OF ALL OF lHAT PARCEL OF LAND DESCRIBED IN lHE GRANT DEED RECORDED IN DOCUMENT NO. 24903764, IN lHE OFFICIAL RECORDS OF SANTA CLARA COUNTY, AND LYING ENTIRELY 'MlHIN lHE OTY OF SANTA CLARA, COUNTY OF SANTA CL.ARA, STAlE OF CALIFORNIA
FEBRUARY 2022
--t- IM I -t--
31-1 J 15 310
1 INCH = 30 FEET

BASIS OF BEAAINGS
THE BEARING NORTH 89'52' EAST Of THE MONUMENT LINE OF EL C.t.MINO RE,6,L FROM CALABAZAS BLVD TO BO~S Av04UE AS SHO'M-1 ON THAT CALTRANS RIGHT Of WAY RECORD MAP R-505.11, AND AS FOUNO MONUMENTED ANO ROTATED CLOCKWISE 01' OJ' 1:39 FOR THE PURPOSE Of THIS MAP, WAS ADOPTED AS THE BASIS Of BEARINGS.

NOlES

1. DISTANCES ANO DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF.

2. THE OISTINCTIVE BORDER LINE DENOTES THE BOUNOARY OF THE SUBOII/ISION.

J. THE AREA WITHIN THE DISTINCTIVE BORDER IS 1.89 ACRES, MORE OR LESS.

4. All E,6,SEMENT LINES WITHOUT BEARINGS ARE PARALLEL WITH OR PERPENOICULAR TO THE LOT LINES OR BOUNDARY LINES.

5. SOME DIMENSIONS SHO'M-1 WITHIN THE HEREON MAP ARE DISPLAYED WITHOUT THE DECIMAL POINT (IE: 10') DUE TO SPACE CONSTRAINTS. All SUCH DIMENSIONS ARE ACTUALLY ACCURATE TO THE NEAREST ONE-HUNDRETH OF A FOOT (IE: 10' - 10.00') LEGEND
- - - - DISTINCTIVE BORDER LINE
----LOTLINE
- - - - - - PROPOSED EASEMENT LINE
- - - EXISTING EASEMENT LINE
R# RECORD DOCUMENT REFERENCES:

RI: TRACT 1405 57-M-JJ R6: BOOK 5634-0R-554 R2: TRACT 1675 76-M-32 R7: BOOK 4968-0R-698 RJ: TRACT 1677 84-M-52 R8: BOOK 8680-0R-444 R4: PM 631-M-11 R9: PM 876-M-25 R5: CAL TRANS ROW RECORD MAP R-505.11 @ Rf FOUND BRASS PIN IN MONUMENT WELL
Q FOUND 2.5" BRASS DISK IN MONUMENT WELL "DIV Of HIGHWAY" R5 0 J/4" IRON PIPE SET &. TAGGED "LS 8720"
~:I:o~i,~~N~ TO SCALE
(T) TOTAL Of DIMENSIONS ALONG THIS LINE OR CURVE
(M-M) MONUMENT TO MONUMENT DIMENSIONS
( ... )R# DIMENSION AS DESCRIBED IN RECORD

EVAE EMERGENCY VEHICLE ACCESS EASEMENT

OSDRE OVERLAND STORM DRAINAGE EASEMENT

SOE STORM DRAIN EASEMENT SSE SANITARY SEWER EASEMENT

SWE SIDEWALK EASEMENT

UGEE UNDERGROUND ELECTRICAL EASEMENT

WATER LINE EASEMENT
SAM21-0002/PLN2018-13266 SHEET 3 OF 3 SHEETS HMH 4748.10.240 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-80 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action on Resolution Establishing the Political Campaign Voluntary Expenditure Limit and Campaign Contribution Limits for the November 8, 2022 Municipal Election Council Pillar
Enhance Community Engagement and Transparency

BACKGROUND
The City of Santa Clara Political Campaign Finance Reform Act (the "Act"), codified in Chapter 2.130 of the Santa Clara City Code, established an initial limit for a candidate's voluntary campaign expenditures at $25,000 for the November 2000 City election. The Act contains a cost-of-living adjustment using the index from the U.S. Department of Labor, Bureau of Consumers (CPI-U), San Francisco, Oakland, San Jose subgroup - all items ("CPI"), to be adjusted on an annual basis. The expenditure limit was last adjusted to $46,420 based on CPI adjustments for city-wide contests and set a separate voluntary expenditure limit for district-based contests of $25,000 by the City Council on May 12, 2020.

The Act also contains individual campaign contribution limits that were originally established at $500 for candidates who accepted the voluntary expenditure limit and $250 for those who did not. In 2014, the Act was amended to require that the applicable contribution limits also be adjusted by the CPI, rounded to the nearest ten-dollar figure. In 2020, the applicable contributions limits were adjusted to $630 and $310, respectively.

The Act was amended in May 2018 to provide maximum transparency to the voters of the City of Santa Clara about who is spending money on local campaigns and to create specific disclosure requirements for contributions to organizations that have historically refused to disclose contributions (“dark money”). The Act now includes mandatory disclosure of all contributions of one hundred dollars ($100) or more to any organization that makes expenditures that affect or are intended to affect a local Santa Clara election to City office or for or against a local Santa Clara ballot measure.

Contributions must be reported in the same manner as campaign contributions are required to be reported under SCCC 2.130.280 <http://www.codepublishing.com/CA/SantaClara/>.

DISCUSSION
Pursuant to City Code Section 2.130.050, the Council must adjust the contribution limits by Resolution. Accordingly, the attached Resolution has been prepared accounting for the cost-of-living adjustment applicable to the expenditure limit for the upcoming 2022 November General Municipal Election, which shall be set at $47,580 for city-wide based contests and $25,730 for district-based contests. This reflects a 2.90% increase, applying the annual CPI adjustment based on the month of April 2022. Similarly, the same CPI adjustments were calculated for the individual campaign City of Santa Clara Page 1 of 2 Printed on 4/14/2022
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22-80 Agenda Date: 4/19/2022
contributions. For candidates who accept the voluntary expenditure limit, the limit on individual campaign contributions shall be $650 and for candidates who do not accept the voluntary expenditure limit, the limit on individual campaign contributions shall be $320.

Pursuant to City Code section 2.130.050, the last day a campaign contribution may be deposited shall be eleven (11) calendar days before the election date (i.e., a Tuesday, November 8th election date would make Friday, October 28th the last day to deposit a contribution) and the last day a payment for campaign expenses may be made shall be the last day of the month following the election month (i.e., a November election would require that all campaign expenses be paid by December 31st - the last day of the month following the election month).

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
There is no cost associated with this action other than staff time and expense.

COORDINATION
This report was prepared in coordination with the Finance Department and 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]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution establishing the Political Campaign Voluntary Expenditure Limit and Campaign Contribution Limit for the November 8, 2022 General Municipal Election with:
the voluntary expenditure limit set to $47,580 based on CPI adjustments for city-wide contests and sets a separate voluntary expenditure limit for district-based contests not to exceed $25,730 (with future adjustments based on CPI). City Council sets the individual campaign contributions based on CPI adjustments as:
· $650 for candidates who accept the voluntary expenditure limit · $320 for candidates who do not accept the voluntary expenditure limit Reviewed by Hosam Haggag, City Clerk

ATTACHMENTS

1. Resolution
City of Santa Clara Page 2 of 2 Printed on 4/14/2022
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Resolution/CampaignContributionLimits Page 1 of 2
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ESTABLISHING THE POLITICAL CAMPAIGN VOLUNTARY

EXPENDITURE LIMIT AND THE CAMPAIGN CONTRIBUTION
LIMIT FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL

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

WHEREAS, Chapter 2.130 (Political Campaign Finance Reform Act) of "The Code of the City of Santa Clara, California" (City Code) contains provisions (i) limiting the expenditure of campaign funds by the candidates and (ii) controlling the campaign contributions to candidates for elective office in the City of Santa Clara;
WHEREAS, Section 2.130.160 (Candidate acceptance or rejection of expenditure limits) of the City Code provided for an initial voluntary expenditure limit of $25,000, but further provided that the $25,000 limit was to be adjusted for the cost of living prior to each election. The expenditure limit was last adjusted to $46,420 by the City Council on May 12, 2020; WHEREAS, Section 2.130.050 (Limits on contributions from persons) of the City Code provided for an initial individual contribution limit of $500 from any candidate that accepted the voluntary expenditure limit and $250 for any candidate that did not. The contribution limit was last adjusted to $630 and $310, respectively; and
WHEREAS, contribution limits established by City Code shall be adjusted on an annual basis by a percentage equal to the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area (CPI).

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

1. City Council sets the voluntary expenditure limit for the November 8, 2022 General Municipal Election to $47,580 for citywide based contests and $25,730 for district based contests.

3. City Council sets the individual campaign contributions based on CPI adjustments as Resolution/CampaignContributionLimits Page 2 of 2
Rev: 11/22/17
follows:
• $650 for candidates who accept the voluntary expenditure limit • $320 for candidates who do not accept the voluntary expenditure limit

4. The political campaign voluntary expenditure limit and campaign contribution limits established by Resolution No. 20-8843 (adopted May 12, 2020) are hereby repealed.

5. 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 19th DAY OF APRIL 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

HOSAM HAGGAG

CITY CLERK
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-179 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action on the Waiver of the First Reading and Introduction of an Ordinance Approving the Westwood Oaks Park Master Plan Update and Preferred Playground Schematic Design, in Accordance with City Charter Section 714.1

COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets

BACKGROUND
Westwood Oaks Park (Park), located at 460 La Herran Drive, was dedicated in 1961. The 1.75-acre neighborhood Park is bounded by La Herran Drive to the east and residential properties to the south, west and north. The existing Park contains a playground, perimeter pathway, open grass area, recreation building, restrooms, basketball court, picnic area with BBQ, landscaping and various park amenities.

Since 2014, the City has prioritized rehabilitation of older playgrounds to meet the Americans with Disabilities Act (ADA) and Consumer Product Safety Commission (CPSC) requirements, and improvement to meet new needs and funding guidelines. In 2017, the City’s Facility Condition Assessment (Kitchell CEM) indicated that the current Park site and playground were in “critical” condition and the Park building was in “poor” condition. In the FY2021/22 Capital Improvement Project budget, funding in the amount of $1,149,800 was allocated to Project 3136 Westwood Oaks Park Playground Rehabilitation Project (Project).

In July 2021, the City approved a contract in the amount of $92,817 with Gates and Associates, Inc. (Consultant) to complete Project Phase 1 design work to complete a site assessment, develop a park -site Master Plan update, and solicit community input on the park update and preferred playground schematic design.

At the September 2021 Parks & Recreation Commission Meeting, the Consultant introduced the existing Park site conditions and the Project scope. The Commission reviewed the Project design principles which included: (a) understanding the current Park use, (b) implementing research based best practices for play and inclusionary/universal design, (c) accommodating additional community use, (d) addressing asset lifecycle maintenance and cost considerations, (e) supporting the City’s sustainable and age-friendly facilities goals, (f) addressing adjacent property owner and street concerns where feasible, and (g) complying with potential playground equipment grant guidelines.

Community Input
On September 25, 2021 a community workshop was held at Westwood Oaks Park attended by over 50 persons which focused on the Park use, needs and possible playground themes. An online survey City of Santa Clara Page 1 of 4 Printed on 4/14/2022
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22-179 Agenda Date: 4/19/2022
conducted from September 22 through October 11, 2021 had 226 completed responses which provided over 11.3 hours of public comment. The top three Park elements used by the public are the loop path, play area, and quiet seating areas. The majority of respondents thought it was very important/important to renovate the playground (77%), to maintain the grass meadow (74%), to repair the loop path (66%), to upgrade the drinking fountain (58%), and to improve park lighting (55%), while a strong majority (66%) was very opposed/opposed to converting the basketball court into a pickleball court or another use. The public preferred a “tree house” themed play area.

At the November 2021 Commission Meeting, the Consultant reviewed the public input and presented the draft Westwood Oaks Park Master Plan Update. The presentation included three playground design options that meet the City Parks & Recreation Department’s design criteria, code compliance requirements, and the public input preferences. The Commission deferred making a recommendation to allow for further consideration and discussion of the play apparatus and elements offered by the three playground options.

Given the current environment of cost escalation and limited funding, several initially considered project items identified for renewal and replacement in the overall Park Master Plan Update (Attachment 1- slide 6) were placed on an “add/alternate list” for inclusion at bid award based on identification and allocation of additional funding. These include the play berm, arch swing, new planting areas, picnic tables, loop pathway and basketball court repair (Attachment 1 - slide 10).

Other Park amenities, such as the restroom and recreation room renovation will be included in a future park renovation project, which is beyond the scope and funding allocated to the playground rehabilitation project (see Attachment 1 - slide 11).

DISCUSSION
At the January 18, 2022 Commission Meeting, the Consultant provided the Commission with a detailed presentation comparing the features of three playground options that meet the project design principles and address the community input. The Commission preferred playground Option 3. The Commission unanimously recommended that Council approve the Westwood Oaks Master Plan Update and Preferred Playground Schematic Design (Attachment 1), and the Measure R Draft Ordinance (Attachment 2).

Measure R Compliance
The approval of an update to the Westwood Oaks Site Plan may be subject to Measure R. In November 2016, voters passed Measure R, which added Section 714.1 Protection of Parkland and Public Open Space to the City Charter. Measure R prohibits selling, leasing, or otherwise disposing of parkland for a period of one hundred eighty (180) days or more, and also prohibits its use from changing, being abandoned, or discontinued without such sale, lease, disposal or changed use having first been authorized or ratified by a two-thirds majority vote of the electorate during a general municipal election for that purpose. Measure R also prohibits changes in park use for over 180 days without a majority vote of the electorate and substantial building, construction, reconstruction, or development upon dedicated parkland except pursuant to ordinance subject to referendum. The referendum process is set forth in the Elections Code.

The Westwood Oaks Park Master Plan Update and the proposed Playground Schematic Design, if approved, will include changes to the existing park that may be considered as “substantial building, construction, reconstruction, or development.” The approval of the proposed site Master Plan, playground Schematic Design, and any subsequent park rehabilitation of the restroom and recreation City of Santa Clara Page 2 of 4 Printed on 4/14/2022
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22-179 Agenda Date: 4/19/2022
building will require an ordinance in order to comply with Measure R. It does not include a sale, lease, disposal, or change in use requiring a majority vote of the electorate. Therefore, staff recommends that the Council approve the Westwood Oaks Master Plan Update, preferred playground Schematic Design and introduce an ordinance to ensure compliance with Measure R.

The ordinance will be introduced tonight and return to Council at a second meeting for adoption in accordance with City Charter sections 808 and 812.

ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following sections of the CEQA Guidelines:
· Section 15302 (Class 2 - Replacement or Reconstruction), in that the project would replace and reconstruct existing facilities on the same site and with substantially the same purpose and capacity as the structure replaced. The proposal would replace the existing loop path and site paving, which is in a degraded condition, with a new loop path and paving of equivalent capacity. In addition, the proposal would repair and renovate the existing half basketball court without expanding its capacity.
· Section 15303 (Class 3 - New Construction or Conversion of Small Structures), in that the project will construct limited numbers of new, small facilities or structures and equipment. The proposal would expand the existing playground area by approximately 3000 square feet and put new playground equipment in the existing park.
· Section 15304 (Class 4 - Minor Alterations to Land), and 15304(b) (Class 4(b) - replacement of existing landscaping with water efficient landscaping), in that the project would make minor alterations in the condition of land, water and/or vegetation which do not involve the removal of healthy, mature scenic trees, and would include the replacement of existing conventional landscaping with water efficient landscaping. The proposal would remove the unhealthy eucalyptus trees and entry trees that have structural issues and present safety concerns, and replace them with drought-tolerant species.
· Section 15311 (Class 11 - Accessory Structures), in that the project would construct or replace minor structures accessory to existing commercial, industrial, or institutional facilities (including publicly owned parks). The project would replace existing playground equipment and construct new playground equipment at the existing park. In a future phase, the project would construct or replace the existing restroom and recreation room to meet ADA, code and program requirements.
· Section 15269(c), actions taken to prevent or mitigate an emergency. Several of the trees onsite are in a compromised structural condition, and numerous limbs have already fallen from those trees. The immediate removal of the trees is necessary for public health, safety, and welfare.

FISCAL IMPACT
The Capital Improvement Project budget for FY2021/22 includes an allocation in the amount of $1,149,800 for Project 3136 Westwood Oaks Park Playground Rehabilitation. The Project Phase 1 scope’s budget in the amount of $92,819 included community input, survey, Master Plan Update and development of the preferred playground schematic design. The Project Phase 2 scope’s budget in the amount of $1,056,981 will include design development, public bid, construction, project administration, permitting including mobilization, general conditions, bonding, escalation, insurance, City of Santa Clara Page 3 of 4 Printed on 4/14/2022
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22-179 Agenda Date: 4/19/2022
and City Project administration, based upon the approved playground Schematic Design.

The preferred playground Schematic Design (Attachment 2) base bid project elements are within the estimated construction budget of $641,981, with a budget contingency of $51,359 (8%) and construction contingency of $96,297 (15%) for total in the amount of $850,625. Given the current environment of supply constraints, labor and construction cost escalation, several of the aged park assets and infrastructure identified for renewal and replacement at Westwood Oaks Park have been placed onto an “add/alternate” list including the play berm, arch swing, planting area, picnic tables, loop pathway and basketball court. This add/alternate scope will be included in the Project only if construction bids are less than engineer’s estimate, or additional funds estimated at this time to be in the amount of approximately $1M are allocated at time of construction award. If unfunded, the design elements will be left for a future phase of park rehabilitation along with renovation of the restroom and recreation building.

Westwood Oaks Park maintenance and operations activities are included in the Parks & Recreation Department’s operating budget.

COORDINATION
This Project is being coordinated with the Department of Public Works, City Attorney’s Office, Finance Department and the Parks & Recreation Department.

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]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Waive first reading and introduce an ordinance approving the Westwood Oaks Park Master Plan Update and the preferred Playground Schematic Design in accordance with City Charter Section 714.

Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Cynthia Bojorquez, Assistant City Manager

ATTACHMENTS

1. Westwood Oaks Master Plan Update and Preferred Playground Schematic Design

2. Measure R Draft Ordinance
City of Santa Clara Page 4 of 4 Printed on 4/14/2022
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Council Meeting
Westwood Oaks Park
Master Plan Update and
Preferred Playground
Schematic Design, and
Measure R Ordinance
April 19, 2022
CLA
ISSIO
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•
•
•
•
•
2 Background • Council Goal: Enhance community sports,
recreational and arts assets
• Capital Improvement Project #3136 • July 2021 – Design Contract • September 21, 2021 – PRC #1 • September 24, 2021 – Online Survey • September 25, 2021 – On-site Meeting • November 16, 2021 – PRC #2 • January 18, 2022 – PRC #3 • April 19, 2022 – Council Review/Approval 3 Westwood Oaks Park Rehabilitation Project -
Design Guidelines
• Incorporate Community Input: Preference for Tree themed playground • Integrate proposed park amenities with existing park features, trees and landscaping
• Support the City’s sustainability and age-friendly goals • Buffer adjacent neighbors from park use impacts
• Use research-based best practices: include all elements of play at beginner, intermediate and advanced levels, implement inclusion/universal design, accommodate added capacity
• Consider asset lifecycle maintenance costs
• Satisfy playground equipment grant guidelines
4 Westwood Oaks Park - Existing Park Master Plan
5 Community Input - Sept. 2021 - Jan. 2022
Favorite Existing Park Amenities:
• Loop Path
• Play Area
• Quiet Seating Area
Preferred Park Improvements:
• Renovate and Expand Playground
• Maintain Grass Meadow
• Repair Loop Path
• Upgrade Drinking Fountain
• Improve Park Lighting
Park visit frequency:
• Very Frequently – 2+ times a week
• Frequently – 1 time a week
Preferred Playground Theme:
• Tree House
• Option 3 design & play elements
6 Westwood Oaks Park – Pruneridge Ave
Master Plan Update
Pruneridge Ave
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INew Sand Play
INew Seat ing !Node & Upgraded Drinking Fountain/
INew Post Top Light
INew Seat Walil
iNew Curb Cut ramp/ADA Park
ing
INew Demonstration Garden with
Drought Tolerant Species
Replace Existing Eucalyptus Trees
with Drought-Tolerant Tree Species
Maintain Existing Multi-Use Meadow/ Existing Lawn
Repair Loop Path
Improve Park Lighting
Retain/Repair Existing Picnic Area With ADA Table
Added
Renovate Half Basketball Court
INew Driveway Cut
INew Fitness Stat1ion
Existing Trees to be Preserved
Repair Existing Fence
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Future Recreation Building Rep
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7 Preferred Playground Schematic Design
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@ Upgrade drinking fountain
@ Improve park lighting
@ Repair concrete path
@ Replace Eucaly~tus Tree with drought tolerant tree species @ Demonst~tion Garden with drought tolerant species
@ Sensory Garden
@ New Curb Cut Ramp/ADA parking
@ New 42"H Fence
@ Existing Restroom Facility
@ Existing open meadow
@ Existing Tree to be preserved
@ Basketball Court Repair
8 Full Scope
Est. Cost=
$1.905M
Scope Area
PaUN & Playground Rehabilitation Project 3136
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@ Replace Euca~yptus Tree with drought tolerant tree species @ Demonstration Garden with drought tolerant species
@ Sensory Garden
@ New Curb Cut Ramp/ADA parking
@ New 42"H Fence
@ Existing Restroom Facility
@ Existing open meadow
@ Existing Tree to be preserved
@ Basketball Court Repair
9 Playground Rehabilitation Project 3136
Reduced Scope within Budget
Est. Cost=
$0.85M
(Est. Constr. $0.85M)
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@ Arrival Node
0 Drinking Fountain
© Site Lighting
® Planting Area
@ New Curb Cut Ramp/ADA parking
10 Playground Rehabilitation Project – Add/Alternate Items Add/Alternate Items (Est. Constr.)
($0.596M)
($0.150M)
($0.015M)
($0.162M)
($0.131M)
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@ New Pedestrian Pathway
@ Arr,ival Node
0 Drinking Fountain
® Site Lighting
0 Planting Area
@ New Curb Cut Ramp/ADA parking
12 Preferred Playground Schematic Design - Ages 2-5
Merry-Go-All
Roller
Slide
Rock
Step
Web
Tail
Swerve
Zip Slide
Suspension
Bridge
13 Preferred Playground Schematic Design - Ages 6-12
Stump
Platform
Plank
Climber
Wilderslide
Double Twin
Spiral
VistaTwist
Tower 2 Forked
Log
Balance
Beam
Ladder
Loop
Bongos
14 Preferred Playground Schematic Design – Swing Zone
Expression Swing
Belt Seat Swing
Sway
Bench Arch Swing
Sand Play
15 Elements of Play
Elements of
Play
8=1 8=3
Balancing 7 1=5 9 12 1=8 15 24 4
A=l A=l
8=1 8=1
Sliding 2 1=1 2 4l 1=1 8 10 4
A=O A=2
8=0 8-0
Brachiating 0 1=0 0 2 1=1 4 4 2
A=O A=l
8=1 8=1
Spinning 2 1=1 19 2 1=1 19 38 2
A=O A=O
8=2 8=1
Climbing 4 1=1 8 11 1=6 53 61 9
A=l A=S
8=3 8=3
Swinging 4 1=1 9 8 1=3 13 22 2
A=O A=2
8=8
Sensory 8 l=O 21 21
A=O
TOTAL: 27 68+ 47 112 + 180+ 23 +
Free Play Free Play Free Play Free Play
Inclusive Play 30
Elements 14 8=5 (including 30
1=6 ages 2-5
A=3 and 6-12
level of play: B - Beginner; I - Intermediate; A -Advanced 16 Recommendation
• Waive first reading and introduce an ordinance
approving the Westwood Oaks Park Master Plan
Update and the preferred Playground Schematic
Design in accordance with City Charter Section 714
Ordinance/Westwood Oaks Park Master Plan Update Page 1 of 3 Rev: 09/2019
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA,

CALIFORNIA, APPROVING THE WESTWOOD OAKS PARK

MASTER PLAN UPDATE IN ACCORDANCE WITH CITY
CHARTER SECTION 714.1
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the Westwood Oaks Park (“Park”), located at 460 La Hernan Drive was dedicated as 1.75 acres of parkland (APN 316-12-001) on November 19, 1961; WHEREAS, in 2018 the Facility Condition Index Report rated the Park site as “critical’, the building as “poor”, and the playground was given a rating of “D”; WHEREAS, the Park was prioritized for rehabilitation and funding for the Westwood Oaks Park Playground Rehabilitation Project #3136 (“Project”) was approved by Council in the City’s Biennial Capital Improvement Program (CIP) FY2020/21 and FY2021/22; WHEREAS, the Park Master Plan Update will include renovation, expansion, relocation, new construction, and preservation of existing park amenities; WHEREAS, the voters of the City of Santa Clara passed Measure R in 2016, which added section 714.1 to the City Charter, which prohibits substantial building, construction, reconstruction, or development of parks and recreation facilities except pursuant to ordinance subject to referendum;
WHEREAS, the Park Project improvements constitutes as substantial building, construction, reconstruction and/or development, and is subject to Measure R; and, WHEREAS, the City Council desires to approve the Park Project improvements by ordinance in accordance with City Charter section 714.1.

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

Ordinance/Westwood Oaks Park Master Plan Update Page 2 of 3 Rev: 09/2019
SECTION 1: That the City Council hereby approves the building, construction, reconstruction and/or development in accordance with the Westwood Oaks Park Master Plan Update and the Playground Schematic Design, attached hereto and incorporated by this reference, and in accordance with City Charter section 714.1.

SECTION 2: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 3: This Ordinance shall not be codified in the Santa Clara City Code.

SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 2022, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ___________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Ordinance/Westwood Oaks Park Master Plan Update Page 3 of 3 Rev: 09/2019
Attachments incorporated by reference:

1. Westwood Oaks Park Master Plan Update

2. Playground Schematic Design
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-65 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action on 2022 Legislative Advocacy Positions

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On October 9, 2018, Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy (Attachment 1). The purpose of the LAP Policy is to establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, State, and federal levels of government and to provide guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues. The LAP Policy requires Council to adopt or update the LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed below:
· Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara
· Protect local revenue sources and prevent unfunded mandates · Protect and/or increase funding for specific programs and services · Protect and/or increase local government discretion
· Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan
Staff is presenting 10 2022 LAPs for the Council’s consideration. If approved, staff and the City’s legislative consultant, Townsend Public Affairs, LLC (Townsend), will use these LAPs to track, monitor and advocate for legislation that is consistent with the City’s outlined priorities and provide quarterly legislative updates to the Council on those efforts as required by the LAP Policy.

DISCUSSION
In late 2021 and January 2022, Townsend conducted legislative briefings with staff and Councilmembers to provide updates on current state and federal legislative activity and to identify legislative priorities for 2022. The proposed 2022 LAPs reflect staff and Councilmembers’ feedback and will provide guidance during a legislative year that is anticipated to be busy with policy changes and new opportunities for local government.

In Sacramento, 2022 marks the second of the two-year legislative session. Much of January was spent addressing legislation that was introduced, but not advanced in 2021. A few high-profile bills City of Santa Clara Page 1 of 13 Printed on 4/14/2022
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were considered as two-year bills, but most legislation that will be considered in 2022 will be new bill introductions. Members of the Legislature introduced 2,150 new bills for consideration in 2022. Below are issues that are areas of focus for the upcoming legislative session:

COVID-19 Legislation
The 2021 session produced a number of bills aimed at reducing the economic impacts of COVID on California’s most vulnerable residents and ensuring that essential functions of government could be held remotely. Of note was the passage of AB 361 (R. Rivas), which created criteria for state and local governing bodies to hold remote meetings under modified Brown Act standards. While the passage of Brown Act modification legislation was beneficial as local governments grappled with the need to social distance, its implementation was quick and is likely to need reform if applied to future emergencies. Other bills, such as AB 1944, were introduced and would allow modifications to the Brown Act beyond the state of emergency.

In addition to updates related to remote meetings legislation, there were a number of bills introduced related to the ongoing pandemic. This included legislation allowing or restricting personal belief exemptions, mandating vaccinations for unvaccinated individuals, and further legislation for COVIDrelated leave from work. Additionally, there is legislation on issues such as outdoor dining, modifications of liquor licenses to allow for to-go cocktails, and assistance for hard hit industries such as restaurants and live entertainment venues.

Public Safety
Following the death of George Floyd and the civil unrest that ensued, it became apparent early on that 2021 would be the year for the Legislature to prioritize public safety reform legislation. The session produced a reform package that included changes to police immunity standards and a decertification process, the release of records related to officers engaging in unreasonable or excessive force and creating a robust curriculum for young officers entering the police force.

There is still an appetite for a continued focus on public safety heading into 2022. In recent months, organized retail theft has dominated conversations related to public safety reform. In response to this, the Governor and the Attorney General unveiled a comprehensive public safety package that addresses organized retail theft, gun reform, and transnational drug trafficking.

With regard to upcoming gun safety measures, the Governor officially announced that he will be working with the Legislature in 2022 to limit the sale of assault weapons and “ghost guns” in the state. Additionally, the Legislature has introduced bills related to recent voter initiatives that modified thresholds for non-violent crimes, such as petty theft and shoplifting.

Housing and Land Use
Similar to public safety legislation, the Legislature in 2021 was dedicated to implementing top-down housing and land-use reform, with the passage of bills like SB 9 and SB 10 which may lead to increased development throughout the state. In addition, the Legislature passed bills like AB 215 (Chiu) which increases the enforcement authority within the Housing and Community Development Department (HCD) when it comes to pursuing legal action against local governments deemed noncompliant with their housing production goals.

This year, the Administration and Legislature will focus on the relationship between climate action and housing policy, meaning housing production and density that is both sustainable and reduces City of Santa Clara Page 2 of 13 Printed on 4/14/2022
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sprawl could overlap with areas of the state susceptible to natural disaster. This has materialized into bills that increase density, particularly around transit corridors.

In addition, bills similar to AB 1401 (Friedman), which did not survive the legislative process in 2021, are have reemerged under new bill numbers. AB 1401 would have prohibited public agencies from imposing or enforcing minimum parking requirements on developments near public transit.

State Budget
The state budget, and more specifically how to invest what is expected to be a sizeable budget surplus, will be a key issue for the first half of the legislative session. Governor Newsom introduced his January Budget proposal early last month, which contains a projected $45 billion budget surplus.

The Governor’s budget proposal includes a total of $213 billion in proposed general fund spending focused on the areas of COVID response, climate adaptation, addressing the rising cost of living, reducing homelessness, and increasing public safety. Due to the economic uncertainty brought about by the Omicron variant, the Administration has proposed the bulk of their new proposals as one-time funding and has been hesitant to establish new ongoing programs.

The Legislature has begun to conduct budget hearings and will continue to do so over the next several months, where they will consider the Governor’s proposals and incorporate their own spending priorities. The Legislature will likely want to be more aggressive than the Administration when it comes to establishing new programs and fully utilizing the state’s budget surplus. However, no significant budget action is likely to occur until after the Governor issues his May Revise, as that is when the State will have a better understanding of the level of revenue that can be anticipated for the budget year.

The Council approved 12 LAPs in 2021, 10 of which have been updated to reflect current stances on key policy issues and prepare for the 2022 legislative session. In general, the LAPs have been reformatted to group Support, Oppose, and Monitor positions together. Additionally, the position statements within the 2021 School Mitigation Fees and Engagement with Federal Aviation Administration Regarding Airplane Noise LAPs have been consolidated into the proposed 2022 Housing and Regional Issues and Collaboration LAPs, respectively. Staff recommends that Council approve the proposed 2022 LAPs (Attachment 2) to provide staff and Townsend with direction on 2022 legislation.

The 2022 LAPs are summarized below:

Broadband, Cable Services, and Wireless Facilities (previously titled Local Authority over Wireless Telecommunications Facilities and Cable Services) The wireless telecommunications industry has made efforts to limit or preempt local control over placement of wireless facilities and supporting structures in and outside the rights-of-way. Over the past several years, actions by federal and state lawmakers have resulted in the adoption of regulations and orders controlling local authority over placement of wireless facilities, including the adoption of “shot clocks” requiring local agencies to complete review of projects within a specified time period.

Additionally, through the Federal Communications Commission’s proposed rulemaking, there have been efforts in recent years to address whether local franchising authorities (LFAs) can regulate incumbent cable operators and cable television services. The City has its own government access City of Santa Clara Page 3 of 13 Printed on 4/14/2022
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channel (Santa Clara City Television on Comcast cable channel 15 and AT&T U-verse 99), which may be negatively impacted by such rulings and similar legislation and activities. Santa Clara City Television is used to provide important information to the public, such as live and recorded airings of Council meetings, City special events, programs, and public service announcements.

The 2021 version of this LAP contained the following positions:
· Support efforts to increase access to broadband, while ensuring the placement and installation of needed equipment does not undermine local permitting authority and does not pose an undue nuisance for residents, efforts to provide for local control of permitting wireless telecommunications and non-cable services facilities in the public-right-of-way, and legislation that provides opportunity for public input on the placement of wireless telecommunications facilities;
· Oppose efforts to limit the amount of time, or scope, of local review of the placement of wireless facilities; and
· Monitor legislation related to distributed energy generation via back-up power at wireless telecommunications facilities.

Recommended Updates: Staff recommends updating the title of this LAP to capture broadband issues and to remove a position to oppose federal or state efforts to preempt local authority of the placement of wireless telecommunication facilities so the City doesn’t lose its control to permit nonpublicly owned infrastructure, and expanding one of the existing support broadband accessibility positions to include underserved urban communities.

COVID-19 Legislation
The City continues to closely monitor county, state and federal COVID-19 related orders and legislation to see how they apply to Santa Clara. City resources and personnel are working to continue to safely provide services and provide assistance to individuals and businesses that have been negatively impacted by the pandemic, complying with the requirements for social distancing and self-quarantining/isolating, and focusing on economic recovery.

The 2021 version of this LAP contained the following positions:
· Support efforts to provide direct relief funding to local jurisdictions, especially small and medium-sized cities, which can be utilized in response to the COVID-19 pandemic, including to offset lost revenue, temporary suspension of certain time-specific statutory and requirements, federal and state efforts to help mitigate the economic impacts from the coronavirus on the City’s businesses and residents, public health efforts to help mitigate the spread of COVID-19, efforts to assist small businesses, tenants, and landlords through eviction moratoriums, and other assistance programs during the pandemic, and efforts to establish protocols and provide funding that will allow schools to resume in-person instruction in a safe manner; and
· Oppose efforts to shift responsibility, to the City, of programs that have traditionally been carried out, or funded, by federal, state, or county governments.

Recommended Updates: Staff recommends updating this LAP to expand some of the existing positions to capture funding for reimbursement for local jurisdictions’ incurred costs and to include City of Santa Clara Page 4 of 13 Printed on 4/14/2022
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support for flexibility and public health efforts like encouraging residents to receive approved vaccinations.

Energy Legislation, Regulations and Issues
The City’s electric utility, Silicon Valley Power (SVP) has a mission to be a progressive, serviceoriented utility, offering reliable, competitively priced services for the benefit of Santa Clara and its customers. Additionally, SVP has an adopted Strategic Plan that is intended to address the challenges facing the utility over a ten-year period. This LAP works to further the objectives outlined in the Strategic Plan, complements the other LAPs adopted by the City, and ensures that the City can provide safe, reliable, and affordable energy to ratepayers, while operating in an environmentally and fiscally conscious manner.

The 2021 version of this LAP contained the following positions:
· Support policies that will help ensure that transmission level Public Safety Power Shut-offs (PSPS) events do not unnecessarily burden local communities that are dependent on investor owned utility (IOU) transmission infrastructure, legislation that would provide local public agencies with financial resources to prepare for, and mitigate the impacts from, planned power outage events, efforts to align wildfire-related liability with fault, safeguarding public utility customers against exorbitant rate increases when their utility acts prudently, and transitioning from diesel backup generators to battery based generators; · Monitor PG&E’s rate-making and regulatory activities to ensure it meets its obligations and agreements and advocate for changes that would mitigate adverse impacts to SVP and other publicly owned utilities (POUs), and development of new market initiatives from state and regional grid operators which may result in new energy-related products and changes to electric grid operations and advocate for changes that would benefit or protect SVP ratepayers;
· Monitor and participate with federal, state and local governments and stakeholders in the development of new regulations and advocate for changes that enhance system reliability and mitigate operational and ratepayer impacts; and
· Monitor and support transmission related activities focusing on enhancing the reliability and deliverability of clean energy resources and advocating for greater transparency and assurance that transmission access charges are allocated equitably between the various beneficiaries.

Recommended Updates: Staff recommends updating this LAP to move the position on transitioning from diesel generators to the proposed 2022 Sustainability and Environmental Protection LAP, where it has been broadened to capture other environmentally sustainable options.

Housing
The City is committed to being a leader at the local level in providing affordable housing, as well as making a fair share contribution to the overall need for housing production within Silicon Valley, and will continue to proactively take concrete steps to realize new housing production within the City.

Santa Clara is also prepared to participate in broader regional efforts that are collaborative, recognize the unique characteristics of local jurisdictions, and provide opportunities for local representation. The City is monitoring potential measures imposed at the State or regional level that can reduce local control, recognizing that in some instances such measures can be necessary or helpful to advance City of Santa Clara Page 5 of 13 Printed on 4/14/2022
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common goals across multiple jurisdictions, but is also aware that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of accountability to localized circumstances.

The 2021 version of this LAP contained the following positions:
· Advocate for more state and federal resources (e.g., funding, legal authority, technical support, streamlining administrative processes) to address local housing needs; · Support legislation and efforts that provide resources to address the needs of the most vulnerable residents through shelter, supportive housing, and homelessness prevention services, efforts to collaborate with County, local jurisdictions, business sector, non-profit and philanthropic partners to leverage available resources and bring in new funding streams to expand the reach of the supportive housing system, efforts to collaborate with the County, local jurisdictions, the business sector, efforts to preserve and strengthen the low-income housing tax credit program and federal exemptions for private activity bonds, legislation preserving and expanding, federal tax exemptions for state and local taxes and maintaining federal tax exemptions for mortgage interest payments on primary residences; legislation that provides local jurisdictions with authority over land use decisions and fully incorporates the involvement of local community members and an understanding of the conditions unique to the community, and efforts to streamline California Environmental Quality Act provisions to facilitate the production of affordable housing and reduce delays due to unmerited litigation; and
· Oppose measures that reduce local control and are punitive in nature; and efforts to reduce federal funding for federal entitlement programs that are used to promote affordable housing, rehabilitate substandard housing, build new park facilities, provide neighborhood improvements, and fund public services.

Recommended Updates: Staff recommends updating the LAP to include positions that were previously included in the 2021 School Mitigation Fees LAP, including a monitor position on legislation related to zoning and development of housing in Very High Fire Hazard Severity Zones, and expanding the existing oppose position on measures that reduce local control to make some clarifications.

Human Resources and Public Sector Employment
The City of Santa Clara provides a myriad of services to the community, including Police, Fire, Public Works, Electric Utility, Planning, Parks and Recreation, and Library Services. The City employs over 1,100 part-time/seasonal and full-time employees that provide these and other services to the community. These services provide opportunities and careers for all types of interests, and the City should endeavor to leverage the rewards and benefits that come with working for the City.

The 2021 version of this LAP contained the following positions:
· Support efforts to preserve local government’s ability to manage its own employment issues, working with City bargaining units in finding solutions to address the service delivery needs of the community while being mindful of the City’s revenue, expenditures, and recruitment and retention of the City’s workforce, efforts to increase the long-term financial stability of CalPERS, federal and state efforts to create a more informed, engaged, and welcoming City of Santa Clara Page 6 of 13 Printed on 4/14/2022
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experience for immigrants, comprehensive immigration reform which provides opportunities to achieve economic and educational success and contribute to our community, an increase in work visas allowing employers to hire foreign workers that require advanced technical skills, as well as support programs that stimulate the economy through job creation and capital investment by foreign investors, and efforts that protect children, including undocumented children, with the continuation of the Deferred Action for Childhood Arrivals (DACA) Program and the Dream Act; and
· Oppose new federal or state unfunded mandates that would increase the City’s postemployment obligations.

Recommended Updates: There are no substantial updates aside from reformatting this LAP.

Public Safety
As a City that is consistently named one of the safest cities in the country, Santa Clara is committed to promoting a living and working environment that allowed for the best quality of life. The City believes that crime prevention and enforcement efforts are integral to creating and maintaining a safe environment for residents and visitors. At the same time, the City recognizes that crime prevention and enforcement efforts alone cannot foster community safety and wellness; education, intervention and prevention efforts on various public safety topics, such as gun violence, gang activity, alcohol and tobacco use, driver and bicycle safety, and driving under the influence, are equally important.

As the State and region continues to experience civil unrest and an unprecedented number of natural and man-made disasters, the City recognizes the importance of a comprehensive risk management approach to emergency preparedness.

The 2021 version of this LAP contained the following positions:
· Support legislation that seeks to impose stricter gun violence laws and/or requires the safe storage of unattended firearms, legislation that toughens penalties for chronic criminals, efforts to reduce the list of who can seek early parole and re-classify some theft crimes from misdemeanors to felonies by reforming AB 109, Proposition 47, and Proposition 57, expansion on the number of crimes where DNA is collected, legislation that preserves or expands funding levels for public safety programs, services and equipment, legislation that addresses crime trends and attempts to curb illegal activity, efforts to test speed enforcement cameras and corresponding legislation, legislation that identifies new funding sources for fire and law enforcement agencies to promote public safety, wellness and employee training, legislation that recognizes the importance of developing a comprehensive risk management approach to emergency preparedness, fire prevention, fire suppression, and emergency medical services, legislation that provides funding for emergency preparedness, legislation that expands the implementation and testing of emergency alerts, legislation that will enhance public safety professionals’ ability to respond to all types of emergencies and communicate within and across jurisdictions, measures that aim to return revenue generated from the enforcement of crimes back to the originating agency to sustain their efforts, local regulation of Unmanned Aircraft Systems (UAV), legislation that aims to support individuals in crisis, comprehensive preparedness strategy to respond to civil unrest with input from emergency responders and allied stakeholders for local response, more funding for mental health and substance abuse, training of public safety to handle mental health issues, and background checks and training City of Santa Clara Page 7 of 13 Printed on 4/14/2022
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requirements for gun sales; and
· Oppose public safety legislation that imposes unfunded mandates on local agencies for new programs or increased service levels.

Recommended Updates: Staff recommends updating this LAP to include a position to support the inclusion of stipends, reimbursement and/or allocation associated with new legislation that increases data collection and reporting, broadening the support position for funding to include reimbursement of administrative costs associated with grant implementation, record keeping and reporting, including organized retail thefts as a crime trend that needs to be addressed, consolidating the support positions for background checks and training requirements for gun sales with an existing position concerning gun safety, and consolidating the support positions for training public safety to handle mental health issues with an existing support position for funding mental health and substance abuse.

Regional Issues and Collaboration
While the City of Santa Clara is unique in many ways, it experiences many of the same issues that other cities in the region experience. As described in other LAPs, the City works closely with other jurisdictions to address a variety of issues that impact residents and businesses in the San Francisco Bay Area, such as affordable housing, transportation, water conservation, and airplane noise. The City recognizes the importance of regional collaboration and participates in various regional organizations to not only advance the City’s goals but to contribute to regional work efforts.

The 2021 version of this LAP contained the following positions:
· Contribute to, and support the efforts of, regional organizations such as Santa Clara County Cities Association, Silicon Valley Economic Development Alliance, and the Santa Clara/Santa Cruz Airport Community Roundtable to advance regional goals; · Support federal and state legislation to provide funding for regional solutions to problems, such as housing, homelessness, emergency response, water supply and resiliency, and transportation; and
· Monitor regional issues and new legislation to ensure that they benefit the region and its residents.

Recommended Updates: Staff recommends updating this LAP to include the positions that were previously included in the 2021 Engagement with the Federal Aviation Administration Regarding Airplane Noise LAP since airplane noise is a regional issue.

Sustainability and Environmental Protection (previously titled Sustainability and Environmental Legislation, Regulations and Issues)
The City of Santa Clara is committed to creating a sustainable city for its residents and businesses.

The City strives to conduct its operations in a way that is environmentally conscious and promotes sustainability. The City is dedicated to collaborating with regional stakeholders to improve the air quality, water quality, and overall environmental quality of life for the residents and businesses of the City. Interest in sustainability and environmental issues, at both the State and federal levels, will likely result in new legislation and regulation changes that could significantly impact the City. Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation and regulations align with the City’s interests in providing sustainable services to its residents and businesses.

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The 2021 version of this LAP contained the following positions under many areas of interest:
· California Environmental Quality Act Reform: Support opportunities to further reform the California Environmental Quality Act process that support greater efficiency and transparency and alignment with objective environmental goals while protecting local land use authority. · Clean Energy and Energy Conservation: Monitor legislation related to energy related issues including renewable energy, energy efficiency and conservation, resiliency, smart grid solutions, energy storage, distributed energy and transportation electrification; support California Energy Commission (CEC) and California Public Utilities Commission (CPUC) to accelerate building and transportation decarbonization in the 2022 Title 24 part 6 (CalGreen) code; advocate for goals and policies that remain technology agnostic and commercially available, and avoid policies that choose specific technologies or energy procurement mandates that can lead to increased customer costs while discouraging innovation, and legislation that removes barriers to the electrification of buildings and transportation and legislation that provides regulatory streamlining of reporting and other actions that also preserves local decision-making authority.
· Contaminants of Emerging Concern: Monitor legislation and water quality regulations related to contaminants of emerging concern.
· Green House Gas (GHG) Emission Reductions: Monitor legislation that may have a regional and local impact on greenhouse gas emissions and advocate for effective and equitable approaches to emission reduction; support a comprehensive approach to climate policy that optimizes GHG reductions across multiple sectors; and advocate for the flexibility to optimize the portfolio of GHG emission reduction opportunities identified in the City’s Climate Action Plan.
· Per- and Poly-fluoroalkyl Substances (PFASs): Monitor research and regulations on PFASs and their impacts on the environment, drinking water, and firefighting foam. · Prohibition of Oil Drilling off the California Coast: Oppose federal or state efforts to permit additional oil drilling off the California coast.
· Recycling and Solid Waste Diversion: Monitor legislation and regulatory efforts related to recycling and solid waste and advocate for legislation and regulations that enable mixed waste processing and composting to remain viable pathways for waste compliance. · Sanitary Sewer Overflows (SSOs): Support legislation and regulatory efforts that aid the City’s Pretreatment Program, Fats, Oils & Grease (FOG) Inspection Program, and Operations and Maintenance of the sanitary sewer collections system.
· South Bay Salt Ponds Restoration Project: Track the progress of the South Bay Salt Ponds Restoration Project and its proximity and potential impacts to the Regional Wastewater Facility.
· South San Francisco Bay Shoreline Study: Track the progress of the South Bay Shoreline Study and support associated regional resiliency planning efforts to ensure that Santa Clara’s infrastructure and community assets are considered and protected. · Storm Drains: Support urban runoff pollution regulations, water conservation and recycling, and pollution controls that benefit the City.
· Vegetation and Forest Management: Support legislation, regulations, and funding to strengthen forest management and fire prevention activities and improve emergency preparedness and response.

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· Wastewater Regulation: Monitor legislation and regulations related to the National Pollutant Discharge Elimination System and the San Jose/Santa Clara Regional Wastewater Facility (RWF) and support efforts that are attainable and reflect local conditions and circumstances. · Water Sustainability: Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.
· Work from Home Policies: Support Work from Home Policies.

Recommended Updates: Staff recommends updating the LAP title to reflect the environmental protections that the positions are trying to achieve and including/updating the following positions under the respective area of interest:
· Clean Energy and Energy Conservation: Include “Support transitioning from diesel backup generators to battery-based or other environmentally sustainable backup generators technology as appropriate” position, which was previously included in the 2021 Energy Legislation, Regulations and Issues LAP and has been broadened to capture other sustainable options; and expand the support position for CEC and CPUC to include consideration of cost effectiveness studies.
· Green House Gas (GHG) Emission Reductions: Include “Support legislation that provides residents and businesses with incentives for undertaking decarbonization activities, such as replacing aging heat pumps, hot water heaters, and appliances.” · Per- and Poly-fluoroalkyl Substances (PFASs): Expand existing position to include support funding for treatment.
· Recycling and Solid Waste Diversion: Include “Support efforts to streamline permitting and construction of compost and other facilities that enable jurisdictions to comply with SB 1383 and efforts to broaden procurement requirements for local jurisdiction to comply with SB 1383.”
· South Bay Salt Ponds Restoration Project: Expand to include support for regional planning and funding efforts.
· South San Francisco Bay Shoreline Study: Expand to include support for funding efforts. · Storm Drains: Include “Support legislation and regulatory efforts that enable the City to collect fees to support the storm drain collection system.”
· Vegetation and Forest Management: Consolidate existing position statements on mitigating wildfires.
· Wastewater Regulation: Expand to include oppose statement to non-sustainable and effects that don’t reflect local conditions and circumstances.
· Water Sustainability: Include “Support legislation and funding related to recycled water state, regional, and local efforts to reduce imported water supplies and supplant the use of potable water and preserve local groundwater supplies.”
· Telework Policies: Update existing position to reflect equitable language and its sustainability goal.

Staff also recommends moving the following positions to other LAPs that more appropriately reflect the issues:
· “Monitor legislation related to vehicle miles traveled, in lieu of level of service, in relation to transportation impacts of projects” to the 2022 Transportation Issues LAP, where it has been City of Santa Clara Page 10 of 13 Printed on 4/14/2022
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broadened to capture recent legislation on speed limits. · “Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.” to the 2022 Water Supply and Conservation LAP.

Transportation Issues (previously titled Regional Transportation Issues) The City works with the federal government, state government, and regional stakeholders to ensure that residents and businesses have access to traditional modes of transportation and promote alternative modes that would alleviate traffic congestion and pollution. Additionally, it is important for the City’s transportation network to continue to evolve to best serve the future needs of the community.

The 2021 version of this LAP contained the following positions:
· Support legislative, regulatory, and regional efforts to reduce the amount of traffic congestion on area freeways and County expressways, legislation that provide funding for diverse transportation projects, such as local streets and roads improvements, public transit, bicycle and pedestrian projects, intelligent transportation system improvements, corridor capacity improvements, and highway interchange improvements, efforts to ensure accountability and fairness during the implementation of regional transportation ballot measures, and regional efforts that will alleviate traffic congestion and promote alternative modes of transportation that benefit Santa Clara residents and businesses and that support the City’s commitment to environmental sustainability;
· Oppose efforts to reduce local government access to SB 1 local streets and roads funding; and
· Monitor efforts to place regional transportation funding measures on the ballot for consideration by voters.

Recommended Updates: Staff recommends updating the LAP title to capture all transportation issues, rather than those that previously focused on the region, and updating this LAP to include the following positions:
· “Monitor legislation related to local operations and regulation of municipal roadways, shared mobility permitting/operation in municipalities, and how municipalities study traffic congestion or vehicle miles traveled to measure transportation impacts of projects” (Note, a less expansive form of this position was previously included in the 2021 Sustainability and Environmental Legislation, Regulations and Issues LAP); and · “Oppose efforts to reduce the City’s representation on regional transportation planning agencies.”
Additionally, staff recommends including “railroad crossing improvements” as an area to support funding for; and removing a “Promote incentives to work from home” position, which is already reflected in the proposed 2022 Sustainability and Environmental Protections LAP.

Water Supply and Conservation (previously titled Regional and State-wide Water Supply and Conservation)
The City of Santa Clara operates 26 wells that tap the underground aquifers and make up about 62% City of Santa Clara Page 11 of 13 Printed on 4/14/2022
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of the City's potable water supply. The underground aquifers are replenished from local reservoirs by the Santa Clara Valley Water District (SCVWD) water recharge program. The remaining water is supplied by water imported from the SCVWD and the San Francisco Public Utilities Commission (SFPUC) through the Hetch-Hetchy Reservoir.

For certain approved non-potable uses, recycled water from the San Jose/Santa Clara Regional Wastewater Facility's South Bay Water Recycling (SBWR) facility is used. This highly treated water delivered through separate pipelines makes up about 19% of the water sales in the City. Recycled water offsets the use of potable sources in drought-prone California and is a reliable source for conservation of potable sources. The City continues to work closely with SBWR in order to increase recycled water supplies in order to meet existing demands within the City.

The 2021 version of this LAP contained the following positions:
· Support and implement water conservation measures for businesses and residents including state regulatory efforts which build on ongoing efforts to “make water conservation a California way of life”;
· Support regional water conservation including potable and recycled water supply efforts in cooperation with key partner agencies, efforts to establish alternative funding sources for water infrastructure and improved water quality projects, state and regional efforts to delivery water to Santa Clara customers using clean energy and other environmentally sustainable practices, legislation and funding to protect the health of children who might be exposed to lead in drinking water at school facilities, and legislation with regional partners that allows purified recycled water to be added to the potable water supply through indirect and direct applications that improve local water resiliency;
· Monitor federal, state, and regional activity related to the Bay-Delta Plan and support a comprehensive Bay-Delta watershed voluntary settlement agreement between stakeholders that includes San Francisco Public Utilities Commission; and · Oppose legislative efforts to impose new taxes or fees on drinking water.

Recommended Updates: Staff recommends updating the LAP title to reflect all water supply and conservation efforts and updating this LAP to include a position to work with regional partners to retain the reliability of the water supply and water sustainability which was previously included in the 2021 Sustainability and Environmental Legislation, Regulations and Issues LAP.

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 has an existing three-year agreement with Townsend Public Affairs for state and federal legislative advocacy services in an amount not-to-exceed $252,000, which includes conducting detailed orientations and developing and implementing a legislative strategy at no additional cost as part of the City’s monthly fee. Funding for FY 2021/22 is included in the Adopted Budget. Funding for City of Santa Clara Page 12 of 13 Printed on 4/14/2022
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22-65 Agenda Date: 4/19/2022
future fiscal years is subject to annual appropriation of funds.

COORDINATION
This report was coordinated with Townsend and the City Attorney’s Office. The LAPs were coordinated with Townsend, Silicon Valley Power and the City’s Sustainability Manager, Chief Emergency Services Officer, and Community Development, Fire, Human Resources, Police, Public Works, and Water and Sewer Utilities Departments.

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]> .

ALTERNATIVES

1. Adopt the 2022 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; COVID-19 Legislation; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation; or

2. Do not adopt the 2022 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; COVID-19 Legislation; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation.

RECOMMENDATION
Alternative 1: Adopt the 2022 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; COVID-19 Legislation; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation.

Prepared by: Christine Jung, Assistant to the City Manager Approved by: Office of the City Manager

ATTACHMENTS

1. Legislative Advocacy Position Policy

2. 2022 Legislative Advocacy Positions - Clean

3. 2022 Legislative Advocacy Positions - Redlines
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City of Santa Clara
Policy and Procedure Manual

LEGISLATIVE ADVOCACY POSITION POLICY
PURPOSE To establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.

POLICY To attain a comprehensive review of legislation affecting cities, to obtain the Council position on proposed legislation, to make the City’s position known, and to maintain a record of pertinent information, the following guidelines shall be followed.

All legislative reviews are to be made on the basis of the effect on the City and citizens as a whole, and taking into account existing City positions, policies, or goals, rather than on the individual’s personal feelings.

The guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara. • Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Annually, Legislative Advocacy Positions (LAP) shall be adopted or updated by the City Council at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed above and posted on the City’s website.

PROCEDURE
FOR

EVALUATING
AND

SUPPORTING

LEGISLATIVE

ADVOCACY
Legislation and issues of interest are brought to the City’s attention through several means: the League of California Cities, the National League of Cities, the Cities Association of Santa Clara County, Council Members, city staff, citizens, and professional or governmental organizations and legislators. All legislation or issues of interest are to be referred to the City Manager’s Office.

1. City Manager’s Office (CMO) reviews the proposed legislation and, if warrants, requests assistance from one or more departments.

Adopted 10/9/2018
Resolution No. 18-8611
P&P 052 Page 1 of 2
City of
Santa Clara
The Center of What's Possible
LEGISLATIVE ADVOCACY POSITION POLICY (cont.)

2. CMO/Department evaluates the bill for its impact upon Santa Clara, recommends a position and potential action, and drafts a position statement or support/opposition letter.

3. If Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the city as further detailed below.

4. If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.

5. Letters and other communications expressing the City’s position on legislation will customarily bear the signature of the Mayor in accordance with City Charter Section 704.2 – 704.3. If the legislation’s principal impact affects the City’s operation, the communication may be signed by the City Manager.

6. In order to keep the Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.

7. Staff will provide and/or coordinate quarterly legislative updates on public policy items of interest to Council and departments.

Adopted 10/9/2018
Resolution No. 18-8611
P&P 052 Page 2 of 2
RESOLUTION NO. 18-8611

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ADOPTING A LEGISLATIVE ADOVACY POSITION POLICY AND
RESCINDING COUNCIL POLICY 018 POSITION ON NON-CITYRELATED ISSUES BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, establishing a Legislative Advocacy Position Policy will provide guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government; and,
WHEREAS, establishing a Legislative Advocacy Position Policy will provide guidance for City officials who serve on regional, state, and national boards, committees, and commission when they are asked to review public policy matters and issues; and, WHEREAS, the Legislative Advocacy Position Policy, attached hereto as Attachment 1, will expedite and streamline the City of Santa Clara's legislative advocacy processes.

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

1. That the Legislative Advocacy Position Policy, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

2. That Council Policy 018 Position on Non-City-Related Issues is hereby rescinded.

II
II
II
II
II
II
II
Resolution/Adoption of Legislative Advocacy Position Policy Rev: 11 /22/17

3. 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 9th DAY OF OCTOBER, 2018, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Legislative Advocacy Position Policy
Davis, Kolstad, Mahan, O'Neill, and Watanabe and
Mayor Gillmor
None
None
None

JENNIFER YAMAGUMA

ACTING CITY CLERK

CITY OF SANTA CLARA
Resolution/Adoption of Legislative Advocacy Position Policy Rev: 11 /22/17

For Council Consideration on April 19, 2022
Legislative Advocacy Position

BROADBAND, CABLE SERVICES, AND WIRELESS TELECOMMUNICATIONS FACILITIES Overview
The wireless telecommunications industry has made efforts to limit or preempt local control over placement of wireless facilities and supporting structures in and outside the rights of way. Over the past several years, actions by federal and state lawmakers have resulted in the adoption of regulations and orders controlling local authority over placement of wireless facilities, including the adoption of “shot clocks” requiring local agencies to complete review of projects within a specified time period.

Additionally, through the Federal Communications Commission’s proposed rulemaking, there have been efforts in recent years to address whether local franchising authorities (LFAs) can regulate incumbent cable operators and cable television services. The City has its own government access channel (Santa Clara City Television on Comcast cable channel 15 and AT&T U-verse 99), which may be negatively impacted by such rulings and similar legislation and activities. Santa Clara City Television is used to provide important information to the public, such as live and recorded airings of Council meetings, City special events, programs, and public service announcements.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
The City believes that it should maintain local authority over the placement of wireless telecommunications facilities, in order to ensure that a balance is reached between the infrastructure needs and the needs of the community. As such, the City:
• Supports efforts to increase access to broadband, including in underserved urban communities, while ensuring the placement and installation of needed equipment does not undermine local permitting authority and does not pose an undue nuisance for residents. • Supports efforts to provide for local control of permitting wireless telecommunications and non-cable services facilities in the public-right-of-way. • Supports legislation that provides opportunity for public input on the placement of wireless telecommunications facilities.
• Opposes efforts to limit the amount of time, or scope, of local review of the placement of wireless facilities.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Monitors legislation related to distributed energy generation via back-up power at wireless telecommunications facilities.

For Council Consideration on April 19, 2022
Legislative Advocacy Position
COVID-19 LEGISLATION
Overview
The outbreak of a respiratory illness caused by a novel coronavirus commonly known as COVID19, has spread globally since it was first identified in 2019, resulting in the coronavirus pandemic.

The first case in the United States was announced on January 21, 2020. Since then, there has been much effort at the local, state and federal levels of government to stop the spread of the disease. Additionally, the state and federal governments have been working to provide economic relief to individuals, businesses, and local and state governments that have been impacted by COVID-19-related disruptions.

The City of Santa Clara proclaimed a local state of emergency on March 11, 2020 and continues to closely monitor county, state and federal orders, guidance and legislation to see how they apply to Santa Clara. City resources and personnel are working to continue to safely provide services to residents and businesses, while navigating the response necessary to contain the COVID-19 outbreak, providing assistance to individuals and businesses that have been negatively impacted by the pandemic, complying with the requirements for social distancing and selfquarantining/isolating, and focusing on economic recovery.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities’ and National League of Cities’ positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to adequately protect the community’s public health and safety and promote the economic recovery for those impacted by the COVID-19 pandemic, the City of Santa Clara:
• Supports efforts to provide direct relief funding to local jurisdictions, especially small and medium-sized cities, which can be utilized in response to the COVID-19 pandemic, including offsetting lost revenue and reimbursing incurred costs. • Supports the temporary suspension of certain time-specific statutory and meeting requirements and flexibility to adjust city services as needed to mitigate any future outbreaks.
• Supports federal and state efforts to help mitigate the economic impacts from the coronavirus on the City’s businesses and residents.
• Supports public health efforts and resources to help mitigate the spread of COVID-19, including providing access to personal protective equipment and encouraging residents to receive approved COVID-19 vaccinations.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Supports efforts to assist small businesses, tenants, and landlords through eviction moratoriums, and other assistance programs during the pandemic. These efforts should consider the needs of all stakeholders, including tenants, landlords, and those with unstable housing situations.
• Supports efforts to establish protocols and provide funding that continue to allow schools to resume in-person instruction in a safe manner.
• Opposes efforts to shift responsibility, to the City, of programs that have traditionally been carried out, or funded, by federal, state, or county governments.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

ENERGY LEGISLATION, REGULATIONS AND ISSUES
Overview
The City’s electric utility, Silicon Valley Power (SVP) has a mission to be a progressive, serviceoriented utility, offering reliable, competitively priced services for the benefit of Santa Clara and its customers. Additionally, SVP has an adopted Strategic Plan that is intended to address the challenges facing the utility over a ten-year period. The Strategic Plan contains over thirty strategic initiatives in four distinct areas: Utility Performance Excellence; Customer Engagement and Satisfaction; Progress and Innovation Focus; and Community and Environmental Stewardship. The Legislative Advocacy Position works to further the objectives outlined in the Strategic Plan, and complements the other Legislative Advocacy Positions adopted by the City.

Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.

Legislative Advocacy Position
In order to ensure the City can provide safe, reliable, and affordable energy to ratepayers, while operating in an environmentally and fiscally conscious manner, the City will:
• Support policies that will help ensure that transmission level Public Safety Power Shutoffs (PSPS) events do not unnecessarily burden local communities that are dependent on investor owned utility (IOU) transmission infrastructure. • Support legislation that would provide local public agencies with financial resources to prepare for, and mitigate the impacts from, planned power outage events. • Support efforts to align wildfire-related liability with fault, safeguarding public utility customers against exorbitant rate increases when their utility acts prudently. • Monitor PG&E’s rate-making and regulatory activities to ensure it meets its obligations and agreements and advocate for changes that would mitigate adverse impacts to SVP and other publicly owned utilities (POUs).
• Monitor the development of new market initiatives from state and regional grid operators which may result in new energy-related products and changes to electric grid operations.

Staff will advocate for changes that would benefit or protect SVP ratepayers. • Monitor and participate with federal, state and local governments and stakeholders in the development of new regulations and advocate for changes that enhance system reliability and mitigate operational and ratepayer impacts.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Monitor and support transmission related activities focusing on enhancing the reliability and deliverability of clean energy resources and advocating for greater transparency and assurance that transmission access charges are allocated equitably between the various beneficiaries.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

HOUSING
Overview
The lack of affordable housing in the State and region continues to have an increasingly profound impact on the City of Santa Clara. In January 2019, Santa Clara County conducted its biennial Point-in-Time Count and found that there were over 9,700 individuals were living on the streets, in shelters, or in transitional housing across the county, reflecting a more than 200% increase in the homeless population over a two-year period. As cities across the state struggle to address the growing affordable housing and homelessness crisis as housing prices continue to soar, housing continues to be a key legislative priority for the State Legislature and regional agencies.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
The City of Santa Clara is committed to being a leader at the local level in providing affordable housing, as well as making a fair share contribution to the overall need for housing production within Silicon Valley, and will continue to proactively take concrete steps to realize new housing production within the City. Santa Clara is also prepared to participate in broader regional efforts that are collaborative, recognize the unique characteristics of local jurisdictions, and provide opportunities for local representation.

The City is concerned about potential measures imposed at the State or regional level that reduce local control, recognizing that in some instances such measures can be necessary or helpful to advance common goals across multiple jurisdictions, but is also aware that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of accountability to localized circumstances.

In an effort to achieve these goals, the City will:
• Advocate for more state and federal resources (e.g., funding, legal authority, technical support, streamlining administrative processes) to address local housing needs. • Support legislation and efforts that provide resources to address the needs of the most vulnerable residents through shelter, supportive housing, and homelessness prevention services.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support efforts to collaborate with the State, County, local jurisdictions, business sector, non-profit, and philanthropic partners to leverage available resources and bring in new funding streams to expand the reach of the supportive housing system. • Support federal efforts to preserve and strengthen the low-income housing tax credit program and federal tax exemptions for private activity bonds. • Support legislation preserving and expanding, federal tax exemptions for state and local taxes, including state and local property, sales, and income taxes, and maintaining federal tax exemptions for mortgage interest payments on primary residences. • Support legislation that provides local jurisdictions with authority over land use decisions and fully incorporates the involvement of local community members and an understanding of the conditions unique to the community.
• Support efforts to streamline California Environmental Quality Act provisions to facilitate the production of affordable housing and reduce delays due to unmerited litigation. • Support provisions to allow school districts to effectively mitigate the impacts of new development, including the ability to consider increasing the allowable school mitigation fee level.
• Support efforts to increase and index school mitigation fee rates to more realistically reflect current school facility costs.
• Oppose measures that reduce local control over land use and planning decisions and are punitive in nature towards local government.
• Oppose efforts to reduce federal funding for federal entitlement programs that are used to promote affordable housing, rehabilitate substandard housing, build new park facilities, provide neighborhood improvements, and fund public services. • Monitor legislation related to the zoning and development of housing in Very High Fire Hazard Severity Zones.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

HUMAN RESOURCES AND PUBLIC SECTOR EMPLOYMENT
Overview
The City of Santa Clara provides a myriad of services to the community, including Police, Fire, Public Works, Electric Utility, Planning, Parks and Recreation, and Library Services. The City employs over 1,100 part-time/seasonal and full-time employees that provide these and other services to the community. These services provide opportunities and careers for all types of interests, and the City should endeavor to leverage the rewards and benefits that come with working for the City.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to ensure that the City can compete with other local municipalities, and the private sector, to attract, hire and retain a talented workforce, the City:
• Supports efforts to preserve local government’s ability to manage its own employment issues, including, but not limited to, hiring, evaluating, disciplining, and negotiating collective bargaining agreements.
• Supports working with City bargaining units in finding solutions to address the service delivery needs of the community while being mindful of the City’s revenue and expenditures, and recruitment and retention of the City’s workforce. • Supports efforts to increase the long-term financial stability of CalPERS. • Supports federal and state efforts to create a more informed, engaged, and welcoming experience for immigrants.
• Supports comprehensive immigration reform which provides opportunities to achieve economic and educational success and contribute to our community. • Supports and increase in work visas allowing employers to hire foreign workers that require advanced technical skills, as well as support programs that stimulate the economy through job creation and capital investment by foreign investors.

City of
Santa Clara
The Center of What's Possible
Approved by Council on February 9, 2021
• Supports efforts that protect children, including undocumented children, with the continuation of the Deferred Action for Childhood Arrivals (DACA) Program and the Dream Act.
• Opposes new federal or state unfunded mandates that would increase the City’s postemployment obligations.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

PUBLIC SAFETY
Overview
As a city that is consistently named one of the safest cities in the country, Santa Clara is committed to promoting a living and working environment that allows for the best quality of life.

The City believes that crime prevention and enforcement efforts are integral to creating and maintaining a safe environment for residents and visitors. At the same time, the City recognizes that crime prevention and enforcement efforts alone cannot foster community safety and wellness; education, intervention and prevention efforts on various public safety topics, such as gun violence, gang activity, alcohol and tobacco use, pedestrian, driver and bicycle safety, and driving under the influence, are equally important.

As the State and region continues to experience civil unrest and an unprecedented number of natural and man-made disasters, the City recognizes the importance of a comprehensive risk management approach to emergency preparedness.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to maintain public health and safety, and promote the best quality of life, the City will:
• Support legislation that seeks to impose stricter gun violence laws and/or requires the safe storage of unattended firearms, including background checks and training requirements for gun sales.
• Support legislation that toughens penalties for chronic criminals. • Support efforts to reduce the list of who can seek early parole and re-classify some theft crimes from misdemeanors to felonies by reforming Assembly Bill 109 (approved by the Legislature in 2011), Proposition 47 (approved by voters in 2014) and Proposition 57 (approved by voters in 2016).
• Support the expansion of the number of crimes where DNA is collected, a list that was limited when some crimes were reclassified from felonies to misdemeanors. • Support legislation that preserves, or expands, funding levels for public safety programs, services, reimbursement of administrative costs associated with grant implementation, record keeping and reporting, and equipment, such as the Edward Byrne Memorial Justice Assistance Grants.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support legislation that addresses crime trends and attempts to curb illegal activity, including but not limited to, illegal street racing and sideshow activity, thefts from automobile burglaries, and organized retail thefts, all of which are growing trends in our region.
• Support efforts to test speed enforcement cameras and corresponding legislation to mitigate traffic-related injuries and deaths.
• Support legislation that identifies new funding sources for fire and law enforcement agencies to promote public safety, wellness and employee training. • Support legislation that recognizes the importance of a comprehensive risk management approach to emergency preparedness, fire prevention, fire suppression, and emergency medical services.
• Support legislation that provides funding for emergency preparedness, including community risk reduction strategies like community education programs (e.g., CERT, CPA), staff training, interagency cooperation, and enhanced equipment and technology. • Support legislation that expands the implementation and testing of emergency alert systems.
• Support legislation that enhances public safety professionals’ ability to respond to all types of emergencies and communicate within and across jurisdictions. • Support measures that aim to return revenue generated from the enforcement of crimes back to the originating agency to sustain their efforts. • Support the local regulation of Unmanned Aircraft Systems (UAVs), including the right to authorize use of UAVs by public safety agencies and the right to restrict or prohibit UAV use that interferes with, or poses a threat to, emergency operations or public safety. • Support legislation that aims to assist individuals in crisis, including those who may be homeless, be the victim of human trafficking, domestic violence victims and survivors, and other vulnerable populations.
• Support legislation and efforts that recognizes the importance of developing a comprehensive preparedness strategy (e.g. mutual aid, unified command, interoperability, cyber disobedience, critical infrastructure, social media, etc.) to respond to civil unrest with input from emergency responders and allied stakeholders for local response. • Support more training and funding for law enforcement, and non-law enforcement, response to individuals experiencing mental health and substance abuse issues. • Support the inclusion of stipends, reimbursement and/or allocation associated with new legislation that increases data collection and reporting, particularly when there is a need for specialized software or equipment to do so.
• Oppose public safety legislation that imposes unfunded mandates on local agencies for new programs or increased service levels.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

REGIONAL ISSUES AND COLLABORATION
Overview
While the City of Santa Clara is unique in many ways, it experiences many of the same issues that other cities in the region experience. The City works closely with other jurisdictions to address a variety of issues that impact residents and businesses in the San Francisco Bay Area, such as affordable housing, transportation, water conservation, and airplane noise.

Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.

Legislative Advocacy Position
The City recognizes the importance of regional collaboration and, as such, the City:
• Contributes to, and support the efforts of, regional organizations such as Santa Clara County Cities Association, Silicon Valley Economic Development Alliance, and the Santa Clara/Santa Cruz Airport Community Roundtable to advance regional goals that benefit the San Francisco Bay Area/Silicon Valley.
• Supports federal and state legislation to provide funding for regional solutions to problems, such as housing, homelessness, emergency response, water supply and resiliency, and transportation.
• Continues to support regional efforts to work with local agencies and federal representatives to mitigate the effects of aircraft noise. • Supports efforts to engage local public agencies, and members of the community, prior to any changes in flight paths, or airport operations, that may impact surrounding areas. • Supports legislation that provides funding to assist with the mitigation of impacts from aircraft noise.
• Monitors regional issues and new legislation to ensure that they benefit the region and its residents.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
Legislative Advocacy Position

SUSTAINABILITY AND ENVIRONMENTAL PROTECTION
Overview
The City of Santa Clara is committed to creating a sustainable city for its residents and businesses. The City strives to conduct its operations in a way that is environmentally conscious and promotes sustainability. The City is dedicated to collaborating with regional stakeholders to improve the air quality, water quality, and overall environmental quality of life for the residents and businesses of the City.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
There continues to be a strong interest in sustainability and environmental issues at both the state and federal levels which will likely result in new legislation and regulatory changes that could significantly impact the City. Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation and regulations align with the City’s interests in providing sustainable services to its residents and businesses through the following:
• Support opportunities to further reform the California Environmental Quality Act process to achieve greater efficiency, transparency, and alignment with objective environmental goals, while protecting local land use authority.
• Support energy goals and policies that remain technology agnostic and commercially available, and oppose policies that choose specific technologies or energy procurement mandates that can lead to increased customer costs while discouraging innovation. • Support legislation that removes barriers to the electrification of buildings and transportation, as well as legislation that provides regulatory streamlining of reporting and other actions that preserve local decision-making authority. • Support a comprehensive approach to climate policy that optimizes GHG reductions across multiple sectors (transportation, electricity, buildings, etc.). • Advocate for the flexibility to optimize the portfolio of GHG emissions reduction opportunities identified in the City’s Climate Action Plan and includes, but not limited to, new renewable energy and storage procurement, water conservation and energy efficiency, smart grid solutions, increase waste diversion, sustainable land use, increase tree canopy, building decarbonization, transportation electrification among other actions in the portfolio.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support efforts to streamline permitting and construction of compost and other facilities that enable jurisdictions to comply with SB 1383 and efforts to broaden procurement requirements for local jurisdiction to comply with SB 1383. • Support legislation and funding related to recycled water state, regional, and local efforts to reduce imported water supplies and supplant the use of potable water and preserve local groundwater supplies.
• Support legislation and regulatory efforts that aid the City’s Pretreatment Program, Fats, Oils & Grease (FOG) Inspection Program, and Operations and Maintenance of the sanitary sewer collections system.
• Support urban runoff pollution regulations, water conservation and recycling, and pollution controls that benefit the City.
• Support legislation and regulatory efforts that enable the City to collect fees to support the storm drain collection system.
• Support legislation, regulations, and funding to strengthen forest management and fire prevention activities and improve emergency preparedness and response. These include, but are not limited to, the modernization of vegetation and forest management practices for wildfire prevention and carbon sequestration and biomass production for energy, forest thinning, and other activities to improve the health of forests damaged by infestation of bark beetles, plant pathogens, drought, or other hazards that exponentially increase wildfire dangers.
• Support California Energy Commission (CEC) and California Public Utilities Commission (CPUC) to accelerate building and transportation decarbonization in the 2022 Title 24 part 6 (CalGreen) code with consideration of cost effectiveness studies. • Support telework policies that reduce carbon emissions and traffic congestion. • Support transitioning from diesel backup generators to battery-based or other environmentally sustainable backup generators technology as appropriate. • Support legislation that provides residents and businesses with incentives for undertaking decarbonization activities, such as replacing aging heat pumps, hot water heaters, and appliances.
• Oppose federal or state efforts to permit additional oil drilling off the California coast. • Monitor energy related legislation including but not limited to that which impacts renewable energy, energy efficiency and conservation, resiliency, smart grid solutions, energy storage, distributed energy and building and transportation electrification. • Monitor legislation that may have a regional and local impact on greenhouse gas (GHG) emissions and advocate for effective and equitable approaches to emissions reduction. • Monitor legislation and water quality regulations related to contaminants of emerging concern.
• Monitor research and regulations on Per-and Poly-fluoroalkyl Substances (PFASs) and their impacts on the environment, drinking water, and firefighting foam, and advocate for funding for treatment of PFASs.
• Monitor legislation and regulatory efforts related to recycling and solid waste and advocate for legislation and regulations that enable mixed waste processing and composting to remain viable pathways for waste compliance.
• Monitor legislation and regulations related to the National Pollutant Discharge Elimination System and support efforts that are attainable and reflect local conditions and circumstances and oppose those that do not.

For Council Consideration on April 19, 2022
• Monitor legislation and regulations related to the San Jose/Santa Clara Regional Wastewater Facility (RWF), and support efforts related to the National Pollutant Discharge Elimination System. The RWF is regulated by the National Pollutant Discharge Elimination System permit under the Clean Water Act administered by San Francisco Bay Regional Water Quality Control Board. New regulations are focused on Contaminants of Emerging Concern, Toxicity, and Nutrient Reduction.
• Track the progress of the South Bay Salt Ponds Restoration Project and its proximity and potential impacts to the Regional Wastewater Facility, which Santa Clara jointly owns with the City of San Jose, and support regional planning and funding efforts. • Track the progress of the South San Francisco Bay Shoreline Study and support associated regional resiliency planning and funding efforts to ensure that Santa Clara’s infrastructure and community assets are considered and protected as the Bay Area plans and constructs resiliency projects.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

TRANSPORTATION ISSUES
Overview
The City of Santa Clara believes that a robust transportation network, and related infrastructure, is a critical element to a successful and thriving community. The City works with the federal government, state government, and regional stakeholders to ensure that residents and businesses have access to traditional modes of transportation and promote alternative modes to alleviate traffic congestion and pollution. Additionally, it is important for the City’s transportation network to continue to evolve to best serve the future needs of the community. To that end, local efforts are underway to promote and provide funding for alternative modes of transportation, such as updates to the City’s Traffic Impact Fee program, the City’s Multimodal Improvement Plan, Bicycle Master Plan Update 2018, Pedestrian Master Plan, and Creek Trail Network Expansion Master Plan. Additionally, City staff is working with other transportation agencies to support their significant regional projects, including BART Phase II (VTA), Caltrain Electrification and Caltrain Business Plan, and the High Speed Rail project.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
To ensure that the City and greater region are able to meet the current transportation needs of the community and plan for future needs, the City is advocating for the following positions:
• Support legislative, regulatory, and regional efforts to reduce the amount of traffic congestion on area freeways and County expressways.
• Support legislation and efforts that provide funding for diverse transportation projects, such as local streets and roads improvements, public transit, railroad crossing improvements, bicycle and pedestrian projects, intelligent transportation system improvements, corridor capacity improvements, and highway interchange improvements. • Support efforts to ensure accountability and fairness during the implementation of regional transportation ballot measures.
• Support regional efforts that will alleviate traffic congestion and promote alternative modes of transportation that benefit Santa Clara residents and businesses and that support the City’s commitment to environmental sustainability.
• Oppose efforts to reduce the City’s representation on regional transportation planning agencies.
• Oppose efforts to reduce local government access to SB 1 local streets and roads funding.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Monitor efforts to place regional transportation funding measures on the ballot for consideration by voters.
• Monitor legislation related to local operations and regulation of municipal roadways, shared mobility permitting/operation in municipalities, and how municipalities study traffic congestion or vehicle miles traveled to measure transportation impacts of projects.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

WATER SUPPLY AND CONSERVATION
Overview
The City of Santa Clara operates 26 wells that tap the underground aquifers and make up about 62% of the City's potable water supply. The underground aquifers are replenished from local reservoirs by the Santa Clara Valley Water District (SCVWD) water recharge program. The remaining water is supplied by water imported from the SCVWD and the San Francisco Public Utilities Commission (SFPUC) through the Hetch-Hetchy Reservoir.

For certain approved non-potable uses, recycled water from the San Jose/Santa Clara Regional Wastewater Facility's South Bay Recycled Water (SBWR) facility is used. This highly treated water delivered through separate pipelines makes up about 19% of the water sales in the City.

Recycled water offsets the use of potable sources in drought-prone California and is a reliable source for conservation of potable sources. The City continues to work closely with SBWR in order to increase recycled water supplies in order to meet existing demands within the City.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to ensure that the City is able to maintain an affordable and reliable supply of quality water, the City maintains the following advocacy positions:
• Support and implement water conservation measures for businesses and residents including state regulatory efforts which build on ongoing efforts to “make water conservation a California way of life.”
• Support regional water conservation including potable and recycled water supply efforts in cooperation with agencies such as Santa Clara Valley Water District, City of San Jose, San Francisco Public Utilities Commission (SFPUC), and the Bay Area Water Supply and Conservation Agency.
• Support efforts to establish alternative funding sources for water infrastructure and improved water quality projects.
• Support state and regional efforts to delivery water to Santa Clara customers using clean energy and other environmentally sustainable practices. • Support legislation and funding to protect the health of children who might be exposed to lead in drinking water at school facilities.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support legislation with regional partners that allows purified recycled water to be added to the potable water supply through indirect and direct applications that improve local water resiliency for residents and businesses.
• Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.
• Monitor federal, state, and regional activity related to the Bay-Delta Plan. Support a comprehensive Bay-Delta watershed voluntary settlement agreement between stakeholders that includes SFPUC.
• Oppose legislative efforts to impose new taxes or fees on drinking water.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

LOCAL AUTHORITY OVERBROADBAND, CABLE SERVICES, AND WIRELESS

TELECOMMUNICATIONS FACILITIES AND CABLE SERVICES
Overview
The wireless telecommunications industry has made efforts to limit or preempt local control over placement of wireless facilities and supporting structures in and outside the rights of way. Over the past several years, actions by federal and state lawmakers have resulted in the adoption of regulations and orders controlling local authority over placement of wireless facilities, including the adoption of “shot clocks” requiring local agencies to complete review of projects within a specified time period.

Additionally, through the Federal Communications Commission’s proposed rulemaking, there have been efforts in recent years to address whether local franchising authorities (LFAs) can regulate incumbent cable operators and cable television services. The City has its own government access channel (Santa Clara City Television on Comcast cable channel 15 and AT&T U-verse 99), which may be negatively impacted by such rulings and similar legislation and activities. Santa Clara City Television is used to provide important information to the public, such as live and recorded airings of Council meetings, City special events, programs, and public service announcements.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
The City believes that it should maintain local authority over the placement of wireless telecommunications facilities, in order to ensure that a balance is reached between the infrastructure needs and the needs of the community. As such, the City:
• Supports efforts to increase access to broadband, including in underserved urban communities, while ensuring the placement and installation of needed equipment does not undermine local permitting authority and does not pose an undue nuisance for residents. • Opposes federal or state efforts to preempt local authority of the placement of wireless telecommunication facilities.
• Supports efforts to provide for local control of permitting wireless telecommunications and non-cable services facilities in the public-right-of-way. • Supports legislation that provides opportunity for public input on the placement of wireless telecommunications facilities.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Opposes efforts to limit the amount of time, or scope, of local review of the placement of wireless facilities.
• Monitors legislation related to distributed energy generation via back-up power at wireless telecommunications facilities.

For Council Consideration on April 19, 2022
Legislative Advocacy Position
COVID-19 LEGISLATION
Overview
The outbreak of a respiratory illness caused by a novel coronavirus was first identified in Wuhan, Hubei Province, China in 2019. The disease, now commonly known as COVID-19, has since spread globally since it was first identified in 2019, resulting in the 2019–2020 coronavirus pandemic. The first case in the United States was announced on January 21, 2020. Since then, there has been much effort at the local, state and federal levels of government to stop the spread of the disease. Additionally, the state and federal governments have been working to provide economic relief to individuals, businesses, and local and state governments that have been impacted by COVID-19-related disruptions.

The City of Santa Clara proclaimed a local state of emergency on March 11, 2020 and continues to closely monitor county, state and federal orders, guidance and legislation to see how they apply to Santa Clara. City resources and personnel are working to continue to safely provide essential governmental functions services to residents and businesses, while navigating the response necessary to contain the COVID-19 outbreak, providing assistance to individuals and businesses that have been negatively impacted by the pandemic, and complying with the requirements for social distancing and self-quarantining/isolating, and focusing on economic recovery.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities’ and National League of Cities’ positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to adequately protect the community’s public health and safety of the COVID-19 outbreak, and promote the economic recovery for those impacted by the COVID-19 pandemic, the City of Santa Clara:
• Supports efforts to provide direct relief funding to local jurisdictions, especially small and medium-sized cities, which can be utilized in response to the COVID-19 pandemic, including to offsetting lost revenue and reimbursing incurred costs. • Supports the temporary suspension of certain time-specific statutory and meeting requirements and flexibility to adjust city services as needed to mitigate any future outbreaks.
• Supports federal and state efforts to help mitigate the economic impacts from the coronavirus on the City’s businesses and residents.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Supports public health efforts and resources to help mitigate the spread of COVID-19, including providing access to personal protective equipment and encouraging residents to receive approved COVID-19 vaccinations.
• Supports efforts to assist small businesses, tenants, and landlords through eviction moratoriums, and other assistance programs, during the pandemic. These efforts should consider the needs of all stakeholders, including tenants, landlords, and those with unstable housing situations.
• Supports efforts to establish protocols, and provide funding, that will continue to allow schools to resume in-person instruction in a safe manner. • Opposes efforts to shift responsibility, to the City, of programs that have traditionally been carried out, or funded, by federal, state, or county governments.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

ENERGY LEGISLATION, REGULATIONS AND ISSUES
Overview
The City’s electric utility, Silicon Valley Power (SVP) has a mission to be a progressive, serviceoriented utility, offering reliable, competitively priced services for the benefit of Santa Clara and its customers. Additionally, SVP has an adopted Strategic Plan that is intended to address the challenges facing the utility over a ten-year period. The Strategic Plan contains over thirty strategic initiatives in four distinct areas: Utility Performance Excellence; Customer Engagement and Satisfaction; Progress and Innovation Focus; and Community and Environmental Stewardship. The Legislative Advocacy Position works to further the objectives outlined in the Strategic Plan, and complements the other Legislative Advocacy Positions adopted by the City.

Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.

Legislative Advocacy Position
In order to ensure the City can provide safe, reliable, and affordable energy to ratepayers, while operating in an environmentally and fiscally conscious manner, the City will:
• Support policies that will help ensure that transmission level Public Safety Power Shutoffs (PSPS) events do not unnecessarily burden local communities that are dependent on investor owned utility (IOU) transmission infrastructure. • Support legislation that would provide local public agencies with financial resources to prepare for, and mitigate the impacts from, planned power outage events. • Support efforts to align wildfire-related liability with fault, safeguarding public utility customers against exorbitant rate increases when their utility acts prudently. • Monitor PG&E’s rate-making and regulatory activities to ensure it meets its obligations and agreements and advocate for changes that would mitigate adverse impacts to SVP and other publicly owned utilities (POUs).
• Monitor the development of new market initiatives from state and regional grid operators which may result in new energy-related products and changes to electric grid operations.

Staff will advocate for changes that would benefit or protect SVP ratepayers. • Monitor and participate with federal, state and local governments and stakeholders in the development of new regulations and advocate for changes that enhance system reliability and mitigate operational and ratepayer impacts.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support transitioning from diesel backup generators to battery-based backup generators. • Monitor and support transmission related activities focusing on enhancing the reliability and deliverability of clean energy resources and advocating for greater transparency and assurance that transmission access charges are allocated equitably between the various beneficiaries.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

HOUSING
Overview
The lack of affordable housing in the State and region continues to have an increasingly profound impact on the City of Santa Clara. In January 2019, Santa Clara County conducted its biennial Point-in-Time Count and found that there were over 9,700 individuals were living on the streets, in shelters, or in transitional housing across the county, reflecting a more than 200% increase in the homeless population over a two-year period. As cities across the state struggle to address the growing affordable housing and homelessness crisis as housing prices continue to soar, housing continues to be a key legislative priority for the State Legislature and regional agencies.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
The City of Santa Clara is committed to being a leader at the local level in providing affordable housing, as well as making a fair share contribution to the overall need for housing production within Silicon Valley, and will continue to proactively take concrete steps to realize new housing production within the City. Santa Clara is also prepared to participate in broader regional efforts that are collaborative, recognize the unique characteristics of local jurisdictions, and provide opportunities for local representation.

The City is concerned about potential measures imposed at the State or regional level that reduce local control, recognizing that in some instances such measures can be necessary or helpful to advance common goals across multiple jurisdictions, but is also aware that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of accountability to localized circumstances.

In an effort to achieve these goals, the City will:
• Advocate for more state and federal resources (e.g., funding, legal authority, technical support, streamlining administrative processes) to address local housing needs. • Support legislation and efforts that provide resources to address the needs of the most vulnerable residents through shelter, supportive housing, and homelessness prevention services.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support efforts to collaborate with the State, County, local jurisdictions, the business sector, and non-profit, and philanthropic partners to leverage available resources and bring in new funding streams to expand the reach of the supportive housing system. • Support federal efforts to preserve and strengthen the low-income housing tax credit program and federal tax exemptions for private activity bonds. • Support legislation preserving and expanding, federal tax exemptions for state and local taxes, including state and local property, sales, and income taxes, and maintaining federal tax exemptions for mortgage interest payments on primary residences. • Support legislation that provides local jurisdictions with authority over land use decisions and fully incorporates the involvement of local community members and an understanding of the conditions unique to the community.
• Support efforts to streamline California Environmental Quality Act provisions to facilitate the production of affordable housing and reduce delays due to unmerited litigation. • Support provisions to allow school districts to effectively mitigate the impacts of new development, including the ability to consider increasing the allowable school mitigation fee level.
• Support efforts to increase and index school mitigation fee rates to more realistically reflect current school facility costs.
• Oppose measures that reduce local control over land use and planning decisions and are punitive in nature towards local government.
• Oppose efforts to reduce federal funding for federal entitlement programs that are used to promote affordable housing, rehabilitate substandard housing, build new park facilities, provide neighborhood improvements, and fund public services. • Monitor legislation related to the zoning and development of housing in Very High Fire Hazard Severity Zones.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

HUMAN RESOURCES AND PUBLIC SECTOR EMPLOYMENT
Overview
The City of Santa Clara provides a myriad of services to the community, including Police, Fire, Public Works, Electric Utility, Planning, Parks and Recreation, and Library Services. The City employs over 1,100 part-time/seasonal and full-time employees that provide these and other services to the community. These services provide opportunities and careers for all types of interests, and the City should endeavor to leverage the rewards and benefits that come with working for the City.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to ensure that the City can compete with other local municipalities, and the private sector, to attract, hire and retain a talented workforce, the City:
• Supports efforts to preserve local government’s ability to manage its own employment issues, including, but not limited to, hiring, evaluating, disciplining, and negotiating collective bargaining agreements.
• Supports working with City bargaining units in finding solutions to address the service delivery needs of the community while being mindful of the City’s revenue and expenditures, and recruitment and retention of the City’s workforce. • Supports efforts to increase the long-term financial stability of CalPERS. • Supports federal and state efforts to create a more informed, engaged, and welcoming experience for immigrants.
• Supports comprehensive immigration reform which provides opportunities to achieve economic and educational success and contribute to our community. • Supports and increase in work visas allowing employers to hire foreign workers that require advanced technical skills, as well as support programs that stimulate the economy through job creation and capital investment by foreign investors.

City of
Santa Clara
The Center of What's Possible
Approved by Council on February 9, 2021
• Supports efforts that protect children, including undocumented children, with the continuation of the Deferred Action for Childhood Arrivals (DACA) Program and the Dream Act.
• Opposes new federal or state unfunded mandates that would increase the City’s postemployment obligations.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

PUBLIC SAFETY
Overview
As a city that is consistently named one of the safest cities in the country, Santa Clara is committed to promoting a living and working environment that allows for the best quality of life.

The City believes that crime prevention and enforcement efforts are integral to creating and maintaining a safe environment for residents and visitors. At the same time, the City recognizes that crime prevention and enforcement efforts alone cannot foster community safety and wellness; education, intervention and prevention efforts on various public safety topics, such as gun violence, gang activity, alcohol and tobacco use, pedestrian, driver and bicycle safety, and driving under the influence, are equally important.

As the State and region continues to experience civil unrest and an unprecedented number of natural and man-made disasters, the City recognizes the importance of a comprehensive risk management approach to emergency preparedness.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to maintain public health and safety, and promote the best quality of life, the City will:
• Support legislation that seeks to impose stricter gun violence laws and/or requires the safe storage of unattended firearms, including background checks and training requirements for gun sales.
• Support legislation that toughens penalties for chronic criminals. • Support efforts to reduce the list of who can seek early parole and re-classify some theft crimes from misdemeanors to felonies by reforming Assembly Bill 109 (approved by the Legislature in 2011), Proposition 47 (approved by voters in 2014) and Proposition 57 (approved by voters in 2016).
• Support the expansion of the number of crimes where DNA is collected, a list that was limited when some crimes were reclassified from felonies to misdemeanors. • Support legislation that preserves, or expands, funding levels for public safety programs, services, reimbursement of administrative costs associated with grant implementation, record keeping and reporting, and equipment, such as the Edward Byrne Memorial Justice Assistance Grants.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support legislation that addresses crime trends and attempts to curb illegal activity, including but not limited to, illegal street racing and sideshow activity, and thefts from automobile burglaries, and organized retail thefts, all of which are growing trends in our region.
• Support efforts to test speed enforcement cameras and corresponding legislation to mitigate traffic-related injuries and deaths.
• Support legislation that identifies new funding sources for fire and law enforcement agencies to promote public safety, wellness and employee training. • Support legislation that recognizes the importance of a comprehensive risk management approach to emergency preparedness, fire prevention, fire suppression, and emergency medical services.
• Support legislation that provides funding for emergency preparedness, including community risk reduction strategies like community education programs (e.g., CERT, CPA), staff training, interagency cooperation, and enhanced equipment and technology. • Support legislation that expands the implementation and testing of emergency alert systems.
• Support legislation that enhances public safety professionals’ ability to respond to all types of emergencies and communicate within, and across, jurisdictions. • Support measures that aim to return revenue generated from the enforcement of crimes back to the originating agency to sustain their efforts. • Support the local regulation of Unmanned Aircraft Systems (UAVs), including the right to authorize use of UAVs by public safety agencies and the right to restrict or prohibit UAV use that interferes with, or poses a threat to, emergency operations or public safety. • Support legislation that aims to assist individuals in crisis, including those who may be homeless, be the victim of human trafficking, domestic violence victims and survivors, and other vulnerable populations.
• Support legislation and efforts that recognizes the importance of developing a comprehensive preparedness strategy (e.g. mutual aid, unified command, interoperability, cyber disobedience, critical infrastructure, social media, etc.) to respond to civil unrest with input from emergency responders and allied stakeholders for local response. • Support more training and funding for law enforcement, and non-law enforcement, response to individuals experiencing mental health and substance abuse issues. • Support the inclusion of stipends, reimbursement and/or allocation associated with new legislation that increases data collection and reporting, particularly when there is a need for specialized software or equipment to do so.
• Oppose public safety legislation that imposes unfunded mandates on local agencies for new programs or increased service levels.
• Support training of public safety to handle mental health issues. • Support background checks and training requirements for gun sales.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

REGIONAL ISSUES AND COLLABORATION
Overview
While the City of Santa Clara is unique in many ways, it experiences many of the same issues that other cities in the region experience. The City works closely with other jurisdictions to address a variety of issues that impact residents and businesses in the San Francisco Bay Area, such as affordable housing, transportation, and water conservation, and airplane noise.

Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.

Legislative Advocacy Position
The City recognizes the importance of regional collaboration and, as such, the City:
• Contribute to, and support the efforts of, regional organizations such as Santa Clara County Cities Association, Silicon Valley Economic Development Alliance, and the Santa Clara/Santa Cruz Airport Community Roundtable to advance the regional goals that benefit the San Francisco Bay Area/Silicon Valley.
• Support federal and state legislation to provide funding for regional solutions to problems, such as housing, homelessness, emergency response, water supply and resiliency, and transportation.
• Continue to support regional efforts to work with local agencies and federal representatives to mitigate the effects of aircraft noise. • Support efforts to engage local public agencies, and members of the community, prior to any changes in flight paths, or airport operations, that may impact surrounding areas. • Support legislation that provides funding to assist with the mitigation of impacts from aircraft noise.
• Monitor regional issues, and new legislation, to ensure that they benefit the region and its residents.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
Legislative Advocacy Position

SUSTAINABILITY AND ENVIRONMENTAL LEGISLATION, REGULATIONS AND

ISSUESPROTECTION
Overview
The City of Santa Clara is committed to creating a sustainable city for its residents and businesses. The City strives to conduct its operations in a way that is environmentally conscious and promotes sustainability. The City is dedicated to collaborating with regional stakeholders to improve the air quality, water quality, and overall environmental quality of life for the residents and businesses of the City.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
There continues to be a strong iInterest in sustainability and environmental issues, at both the state and federal levels, which will likely result in new legislation and regulation regulatory changes that could significantly impact the City. Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation and regulations align with the City’s interests in providing sustainable services to its residents and businesses through the following:
• Support opportunities to further reform the California Environmental Quality Act process to hat support achieve greater efficiency and, transparency, and alignment with objective environmental goals, while protecting local land use authority. • Monitor legislation related to vehicle miles traveled, in lieu of level of service, in relation to transportation impacts of projects.
• Advocate forSupport energy goals and policies that remain technology agnostic and commercially available, and avoid oppose policies that choose specific technologies or energy procurement mandates that can lead to increased customer costs while discouraging innovation.
• Support legislation that removes barriers to the electrification of buildings and transportation, as well as and legislation that provides regulatory streamlining of reporting and other actions that also preserves local decision-making authority. • Support a comprehensive approach to climate policy that optimizes GHG reductions across multiple sectors (transportation, electricity, buildings, etc.).

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Advocate for the flexibility to optimize the portfolio of GHG emissions reduction opportunities identified in the City’s Climate Action Plan and includes, but not limited to, new renewable energy and storage procurement, water conservation and energy efficiency, smart grid solutions, increase waste diversion, sustainable land use, increase tree canopy, building decarbonization, transportation electrification among other actions in the portfolio.
• Support efforts to streamline permitting and construction of compost and other facilities that enable jurisdictions to comply with SB 1383 and efforts to broaden procurement requirements for local jurisdiction to comply with SB 1383. • Support legislation and funding related to recycled water state, regional, and local efforts to reduce imported water supplies and supplant the use of potable water and preserve local groundwater supplies.
• Support legislation and regulatory efforts that aid the City’s Pretreatment Program, Fats, Oils & Grease (FOG) Inspection Program, and Operations and Maintenance of the sanitary sewer collections system.
• Support urban runoff pollution regulations, water conservation and recycling, and pollution controls that benefit the City.
• Support legislation and regulatory efforts that enable the City to collect fees to support the storm drain collection system.
• Support legislation, regulations, and funding to strengthen forest management and fire prevention activities and improve emergency preparedness and response. These include, but are not limited to, the modernization of vegetation and forest management practices for wildfire prevention and carbon sequestration and biomass production for energy, forest thinning, and other activities to improve the health of forests damaged by infestation of bark beetles, plant pathogens, drought, or other hazards that exponentially increase wildfire dangers.
• Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.
• Support California Energy Commission (CEC) and California Public Utilities Commission (CPUC) to accelerate building and transportation decarbonization in the 2022 Title 24 part 6 (CalGreen) code with consideration of cost effectiveness studies. • Support teleworkWork from Home pPolicies that reduce carbon emissions and traffic congestion.
• Increase support for forest management to reduce wildfires which are increasing in numbers and destruction due to climate change.
• Support transitioning from diesel backup generators to battery-based or other environmentally sustainable backup generators technology as appropriate. • Support legislation that provides residents and businesses with incentives for undertaking decarbonization activities, such as replacing aging heat pumps, hot water heaters, and appliances.
• Oppose federal or state efforts to permit additional oil drilling off the California coast. • Monitor energy related legislation related to energy related issues including but not limited to that which impacts renewable energy, energy efficiency and conservation, resiliency, smart grid solutions, energy storage, distributed energy and building and transportation electrification.

For Council Consideration on April 19, 2022
• Monitor legislation that may have a regional and local impact on greenhouse gas (GHG) emissions and advocate for effective and equitable approaches to emissions reduction. • Monitor legislation and water quality regulations related to contaminants of emerging concern.
• Monitor research and regulations on Per-and Poly-fluoroalkyl Substances (PFASs) and their impacts on the environment, drinking water, and firefighting foam, and advocate for funding for treatment of PFASs.
• Monitor legislation and regulatory efforts related to recycling and solid waste and advocate for legislation and regulations that enable mixed waste processing and composting to remain viable pathways for waste compliance.
• Monitor legislation and regulations related to the National Pollutant Discharge Elimination System and support efforts that are attainable and reflect local conditions and circumstances and oppose those that do not.
• Monitor legislation and regulations related to the San Jose/Santa Clara Regional Wastewater Facility (RWF) being the largest discharger to the San Francisco Bay, and support efforts related to the National Pollutant Discharge Elimination System. The RWF is regulated by the National Pollutant Discharge Elimination System permit under the Clean Water Act which is administered by San Francisco Bay Regional Water Quality Control Board. New regulations are focused on Contaminants of Emerging Concern, Toxicity, and Nutrient Reduction.
• Track the progress of the South Bay Salt Ponds Restoration Project and its proximity and potential impacts to the Regional Wastewater Facility, which Santa Clara jointly owns with the City of San Jose, and support regional planning and funding efforts. • Track the progress of the South San Francisco Bay Shoreline Study and support associated regional resiliency planning and funding efforts to ensure that Santa Clara’s infrastructure and community assets are considered and protected as the Bay Area plans and constructs resiliency projects.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

REGIONAL TRANSPORTATION ISSUES
Overview
The City of Santa Clara believes that a robust transportation network, and related infrastructure, is a critical element to a successful and thriving community. The City works with the federal government, state government, and regional stakeholders to ensure that residents and businesses have access to traditional modes of transportation and promote alternative modes to alleviate traffic congestion and pollution. Additionally, it is important for the City’s transportation network to continue to evolve to best serve the future needs of the community. To that end, local efforts are underway to promote and provide funding for alternative modes of transportation, such as updates to the City’s Traffic Impact Fee program, the City’s Multimodal Improvement Plan, Bicycle Master Plan Update 2018, Pedestrian Master Plan, and Creek Trail Network Expansion Master Plan. Additionally, City staff is working with other transportation agencies to support their significant regional projects, including BART Phase II (VTA), Caltrain Electrification and Caltrain Business Plan, and the High Speed Rail project.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
To ensure that the City, and greater region, are able to meet the current transportation needs of the community, as well as and plan for future needs, the City is advocating for the following positions:
• Support legislative, regulatory, and regional efforts to reduce the amount of traffic congestion on area freeways and County expressways.
• Support legislation and efforts that provides regional and local funding for diverse transportation projects, such as local streets and roads improvements, public transit, railroad crossing improvements, bicycle and pedestrian projects, intelligent transportation system improvements, corridor capacity improvements, and highway interchange improvements.
• Support efforts to ensure accountability and fairness during the implementation of regional transportation ballot measures such as the VTA’s 2016 Measure B program. • Support regional efforts that will alleviate traffic congestion and promote alternative modes of transportation that benefit Santa Clara residents and businesses and that support the City’s commitment to environmental sustainability.
• Oppose efforts to reduce the City’s representation on regional transportation planning agencies.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Oppose efforts to reduce local government access to SB 1 local streets and roads funding. • Monitor efforts to place regional transportation funding measures on the ballot for consideration by voters.
• Monitor legislation related to local operations and regulation of municipal roadways, shared mobility permitting/operation in municipalities, and how municipalities study traffic congestion or vehicle miles traveled to measure transportation impacts of projects. • Promote incentives to work from home.

For Council Consideration on April 19, 2022
Legislative Advocacy Position

REGIONAL AND STATE-WIDE WATER SUPPLY AND CONSERVATION
Overview
The City of Santa Clara operates 26 wells that tap the underground aquifers and make up about 62% of the City's potable water supply. The underground aquifers are replenished from local reservoirs by the Santa Clara Valley Water District (SCVWD) water recharge program. The remaining water is supplied by water imported from the SCVWD and the San Francisco Public Utilities Commission (SFPUC) through the Hetch-Hetchy Reservoir.

For certain approved non-potable uses, recycled water from the San Jose/Santa Clara Regional Wastewater Facility's South Bay Recycled Water (SBWR) facility is used. This highly treated water delivered through separate pipelines makes up about 19% of the water sales in the City.

Recycled water offsets the use of potable sources in drought-prone California and is a reliable source for conservation of potable sources. The City continues to work closely with SBWR in order to increase recycled water supplies in order to meet existing demands within the City.

Currently, SBWR is updating the Recycled Water Master Plan.

Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.

Legislative Advocacy Position
In order to ensure that the City is able to maintain an affordable and reliable supply of quality water, the City maintains the following advocacy positions:
• Support and implement water conservation measures for businesses and residents including state regulatory efforts which build on ongoing efforts to “make water conservation a California way of life.”
• Support regional water conservation including potable and recycled water supply efforts in cooperation with agencies such as Santa Clara Valley Water District, City of San Jose, San Francisco Public Utilities Commission (SFPUC), and the Bay Area Water Supply and Conservation Agency.
• Support efforts to establish alternative funding sources for water infrastructure and improved water quality projects.
• Support state and regional efforts to delivery water to Santa Clara customers using clean energy and other environmentally sustainable practices. • Support legislation and funding to protect the health of children who might be exposed to lead in drinking water at school facilities.

City of
Santa Clara
The Center of What's Possible
For Council Consideration on April 19, 2022
• Support legislation with regional partners that allows purified recycled water to be added to the potable water supply through indirect and direct applications that improve local water resiliency for residents and businesses.
• Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.
• Monitor federal, state, and regional activity related to the Bay-Delta Plan Phase 1 & 2.

Support a comprehensive Bay-Delta watershed voluntary settlement agreement between stakeholders that includes SFPUC.
• Oppose legislative efforts to impose new taxes or fees on drinking water.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-537 Agenda Date: 4/19/2022

REPORT TO COUNCIL

SUBJECT
Action to Approve Various Revisions to the As-Needed Salary Plan

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources

BACKGROUND
California Code Regulations Section 570.5 governs and requires the adoption of updated publicly available salary schedules or salary plan by the governing body. The proposed Council action satisfies these applicable requirements.

The As-Needed Salary Plan has been modified to reflect salary range revisions in order to address compaction within the classification and between higher and lower levels in a classification series.

DISCUSSION
The As-Needed Salary Plans has been modified to reflect salary range revisions for various AsNeeded classifications. The maximum of the salary range for many of the As-Needed classifications have not been updated in several years. The minimum range has been revised to reflect changes in minimum wage.

On December 7, 2021, the City Council approved revisions to the As-Needed Salary Plan to reflect the minimum rate increase to the current minimum wage of $16.40, as required by law. This further created compaction issues for several classifications. In order to address the compaction issues, Human Resources and various Departments completed a salary survey of Bay Area comparator agencies and found many of our As-Needed classifications are compensated severely under market.

In order to address compaction and assist with hiring and retention of hard to fill As-Needed classifications, revisions to various salary ranges are recommended.

The As-Needed Salary Plan is recommended to be modified as follows, effective May 1, 2022:
· Crossing Guard (Job Code 362) - with an hourly range of $16.40 - $24.00, · Instructor/Lifeguard (Job Code 501) - with an hourly range of $16.40 - $25.31, · Laborer (Job Code 502) - with an hourly range of $16.40 - $24.85, · Nutrition Meal Server (Job Code 608) - with an hourly range of $16.40 - $20.81, · Nutrition Site Manager (Job Code 609) - with an hourly range of $19.53 - $24.71, · Pool Manager (Job Code 666) - with an hourly range of $21.02 - $27.84, · Recreation Instructor (Job Code 699) - with an hourly range of $16.40 - $30.91, · Recreation Leader I (Job Code 681) - with an hourly range of $16.40 - $21.56, City of Santa Clara Page 1 of 3 Printed on 4/14/2022
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22-537 Agenda Date: 4/19/2022
· Recreation Leader II (Job Code 682) - with an hourly range of $18.36 - $23.91, · Recreation Leader III (Job Code 683) - with an hourly range of $20.65 - $27.57, · Recreation Office Assistant (Job Code 698) - with an hourly range of $16.40 - $21.56, · Recreation Program Coordinator (Job Code 684) - with an hourly range of $21.69 - $32.33, and
· Recreation Specialist (Job Code 686) - with an hourly range of $18.86 - $27.57.

It is recommended the Lifeguard (Job Code 543) is deleted, as these duties are covered under the existing Instructor/Lifeguard (Job Code 501) classification.

In addition, it is recommended to delete the Library Assistant I (Job Code 526L), Library Assistant II (Job Code 528L), Librarian I (Job Code 530L), and Librarian II (Job Code 535L) classifications.

Employees in these classifications will be reclassified to the Temporary Employee (Job Code 349) classification and aligned to the salary range (Steps 1-5) of the classified plan.

These salary range changes do not result in an automatic increase to the incumbents in the classification unless the current salary of the incumbent is below the bottom of the salary range. If the salary of an incumbent is below the bottom of the range, employees will receive a pay adjustment to bring them to the bottom of the salary range.

California Code Regulations section 570.5 requires the adoption of updated publicly available salary schedules by the governing body. The attached Resolution approves the updated As-Needed salary plan.

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 total fiscal impact to the FY 2021/22 Operating Budget to update As-needed class specifications ranges is unknown at this time. Revising the salary range does not automatically increase an employee’s hourly rate, unless the employee is currently below the new minimum rate. In that instance, the employee will be adjusted to the new minimum hourly rate. For additional salary requests, Departments will need to submit a salary adjustment request for review and approval to adjust an employee’s hourly rate. Additional costs will be absorbed by the various departments in their existing budgets for FY 2021/22, and if budget amendments are needed in subsequent years, they will be brought forward through the budget adoption process.

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

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 City of Santa Clara Page 2 of 3 Printed on 4/14/2022
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22-537 Agenda Date: 4/19/2022
and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution to approve revisions to the As-Needed Salary Plan for various classifications to satisfy the requirements of California Code of Regulations Section 570.5 effective May 1, 2022.

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Office of the City Manager

ATTACHMENTS

1. As-Needed Salary Plan (effective 05-01-2022) approved 04-19-2022

2. Resolution for As-Needed Salary Plans (effective 05-01-2022) approved 04-19-2022 City of Santa Clara Page 3 of 3 Printed on 4/14/2022
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As-Needed Salary Plan
Effective 5/1/2022
Approved 4/19/2022
Job Code Description Minimum Hourly Rate Maximum Hourly Rate 349 TEMPORARY EMPLOYEE $ 16.40 $ 214.06
362 CROSSING GUARD $ 16.40 $ 24.00
100 EMERGENCY MEDICAL TECHNICIAN $ 16.40 $ 20.19
501 INSTRUCTOR/LIFEGUARD $ 16.40 $ 25.31
502 LABORER $ 16.40 $ 24.85
524 LAW CLERK I $ 16.59 $ 20.16
523 LAW CLERK II $ 19.61 $ 23.84
542 LIBRARY PAGE $ 16.40 $ -
537 LIBRARY TECHNOLOGY AIDE $ 16.40 $ -
608 NUTRITION MEAL SERVER $ 16.40 $ 20.81
609 NUTRITION SITE MANAGER $ 19.53 $ 24.71
865 OFFICE CLERK I $ 29.18 $ 35.50
870 OFFICE CLERK II $ 32.15 $ 39.21
618 PER DIEM DISPATCHER $ 60.00 $ -
619 PER DIEM POLICE OFFICER $ 75.00 $ -
666 POOL MANAGER $ 21.02 $ 27.84
606 RECORDS ASSISTANT $ 16.40 $ 18.41
699 RECREATION INSTRUCTOR $ 16.40 $ 30.91
681 RECREATION LEADER I $ 16.40 $ 21.56
682 RECREATION LEADER II $ 18.36 $23.91
683 RECREATION LEADER III $ 20.65 $ 27.57
698 RECREATION OFFICE ASSISTANT $ 16.40 $ 21.56
684 RECREATION PROGRAM COORDINATOR $ 21.69 $ 32.33
686 RECREATION SPECIALIST $ 18.86 $ 27.57
756 SR LIBRARY PAGE $ 17.22 $ 20.96
497 STUDEN INTERN I $ 16.40 $ 18.72
498 STUDEN INTERN II $ 20.15 $ 24.50
504 STUDEN INTERN III $ 23.17 $ 28.18
848 TRAFFIC CONTROL SPECIAL EVENTS $ 25.00 $ -
City of
Santa Clara
The Center of What's Possible
Resolution/Update As-Needed Salary Plan (eff 05-01-2022) Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT THE AMENDED AS-NEEDED SALARY PLAN FOR
VARIOUS POSITIONS WITH AN APPROVAL DATE OF APRIL 19,
2022 AND EFFECTIVE DATE OF MAY 1, 2022
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara contracts with CalPERS to provide retirement benefits; WHEREAS, to comply with the California Code Regulations section 570.5, the City of Santa Clara shall among other things, have pay scheduled approved and adopted by the City Council; and indicate an effective date and date of any revisions; and, WHEREAS, as required by the California Code Regulations section 570.5 and as mandated by CalPERS, the City Council deems it to be in the best interests of the City to adopt the Amended As-Needed Salary Plan for City of Santa Clara classifications when there are salary modifications to existing classifications, and when new classifications are created and salary ranges need to be established, with an approval date of April 19, 2022.

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

1. That the City hereby adopts the Amended As-Needed Salary Plan for various City of Santa Clara classified positions.
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Resolution/Update As-Needed Salary Plan (eff 05-01-2022) Page 2 of 2 Rev: 11/22/17

2. Effective date. In accordance with the California Code Regulations section 570.5 and to comply with CalPERS, the salary schedule for various classified positions shall be effective May 1, 2022 and adopted with an approval date of April 19, 2022.

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. As-Needed Salary Plan (effective 05-01-2022) approved 04-19-2022 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-364 Agenda Date: 4/19/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of January 2022

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.

Expenses paid in January 2022 include:
· Payments totaling $176,588.37 to the City of Santa Clara for the following:

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22-364 Agenda Date: 4/19/2022
o $103,458.67 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 $73,129.70 for the Senior and Youth Fees collected ($0.35 per ticket) for three National Football League (NFL) games.
· Payments totaling $950,178.64 to Forty Niners Stadium Management Co, LLC for the following:
o $105,000.00 for January 2022 Stadium Manager Expenses - Insurance o $180,000.00 for January 2022 Stadium Manager Expenses - SBL Sales & Services o $8,300.00 for January 2022 Stadium Manager Expenses - Compensation for Grounds o $21,455.00 for January 2022 Stadium Manager Expenses - Compensation for Guest Services
o $33,495.00 for January 2022 Stadium Manager Expenses - Compensation for Security o $136,515.00 for January 2022 Stadium Manager Expenses - Compensation for Engineering
o $136,978.00 for January 2022 Stadium Manager Expenses - Compensation for Stadium Ops
o $51,902.00 for January 2022 Stadium Manager Expenses - Compensation for Procurement
o $1,014.64 for January 2022 Stadium Manager Expenses - StadCo Ti o $34,750.00 for January 2022 Stadium Manager Expenses - Other G&A o $8,000.00 for January 2022 Stadium Manager Expenses - Lender Fees o $64,000.00 for April - November 2021 Stadium Manager Expenses - Lender Fees o $130,000.00 for February 2022 Stadium Manager Expenses - Insurance o $338.21 for February 2022 Stadium Manager Expenses - StadCo TI o $25,500.00 for February 2022 Stadium Manager Expenses - Other G&A o $10,000.00 for February 2022 Stadium Manager Expenses - Lender Fees o $746.94 for CapEx Reimbursement for CapEx Project - Stadium Insulation o $702.63 for CapEx Reimbursement for CapEx Project - Gold Lot 4 & 5 Lighting o $759.60 for CapEx Reimbursement for CapEx Project - Rust Prevention Mitigation o $721.62 for CapEx Reimbursement for CapEx Project - Mechanical and Electrical Closet Lighting
· Payment totaling $2,970.27 to Concur Technologies, Inc. for CapEx Project - FMS Project · Payment totaling $40.00 to Contractor Compliance and Monitoring, Inc. for December 2021 Labor Compliance Services
· Payment totaling $824.99 to L.N. Curtis & Sons for CapEx Project - Rope Rescue Gear · Payment totaling $3,700.00 to Wilson Ihrig for November 2021 Noise Monitoring Services · Payments totaling $150.00 for November 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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22-364 Agenda Date: 4/19/2022

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 $1,135,840.21 fiscal impact to the Stadium Authority.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel’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
Approve the list of Stadium Authority Bills and Claims for January 2022.

Reviewed by: Kenn Lee, Treasurer
Approved by: Office of the Executive Director

ATTACHMENTS

1. January 2022 SCSA Bills and Claims
City of Santa Clara Page 3 of 3 Printed on 4/14/2022
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Payment Date Vendor Invoice No. Description Fund Amount 1/18/2022 Bank of America N/A December 2021 bank fees acct 0444 CapEx 1,127.071/18/2022 Bank of America N/A December 2021 bank fees acct 0425 Operating 178.261/18/2022 Bank of America N/A December 2021 bank fees acct 6280 Operating 82.61 Bank of America Subtotal 1,387.94
1/19/2022 City of Santa Clara N/A B2126 SCSA Admin Payroll Costs Operating 54,900.411/26/2022 City of Santa Clara N/A B2201 SCSA Admin Payroll Costs Operating 48,558.261/19/2022 City of Santa Clara N/A Senior/Youth Fee NFL Game 6 (Adjustment) Operating 7.00 1/4/2022 City of Santa Clara N/A Senior/Youth Fee NFL Game 8 Operating 24,350.20 1/19/2022 City of Santa Clara N/A Senior/Youth Fee NFL Game 9 Operating 24,388.701/19/2022 City of Santa Clara N/A Senior/Youth Fee NFL Game 10 Operating 24,383.80 176,588.37
1/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Insurance Operating 105,000.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - SBL Sales & Svcs Operating 180,000.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Compensation for Grounds Operating 8,300.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Compensation for Guest Svcs Operating 21,455.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Compensation for Security Operating 33,495.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Compensation for Engineering Operating 136,515.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Compensation for Stad Ops Operating 136,978.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Compensation for Procurement Operating 51,902.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - StadCo TI Operating 1,014.641/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Other G&A Operating 34,750.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 January 2022 Std Mgr - Lender Fees Operating 8,000.001/10/2022 Forty Niners Stadium Management Co, LLC SLS-23322 April - November 2021 Std Mgr - Lender Fees Operating 64,000.001/28/2022 Forty Niners Stadium Management Co, LLC SLS-23341 February 2022 Std Mgr - Insurance Operating 130,000.001/28/2022 Forty Niners Stadium Management Co, LLC SLS-23341 February 2022 Std Mgr - StadCo TI Operating 338.211/28/2022 Forty Niners Stadium Management Co, LLC SLS-23341 February 2022 Std Mgr - Other G&A Operating 25,500.001/28/2022 Forty Niners Stadium Management Co, LLC SLS-23341 February 2022 Std Mgr - Lender Fees Operating 10,000.001/24/2022 Forty Niners Stadium Management Co, LLC SLS-23318 CapEx Proj - Stadium Insulation CapEx 746.941/24/2022 Forty Niners Stadium Management Co, LLC SLS-23319 CapEx Proj - Gold Lot 4 & 5 Lighting CapEx 702.631/24/2022 Forty Niners Stadium Management Co, LLC SLS-23320 CapEx Proj - Rust Prevention Mitigation CapEx 759.601/24/2022 Forty Niners Stadium Management Co, LLC SLS-23321 CapEx Proj - Mechanical and Electrical Closet Lighting CapEx 721.62 950,178.64
1/21/2022 Concur Technologies, Inc. 101900142613 CapEx Proj - FMS Project CapEx 2,970.271/21/2022 Contractor Compliance and Monitoring, Inc. 15576 December 2021 Labor Compliance Services Operating 40.001/21/2022 L.N. Curtis & Sons INV555410 CapEx Proj - Rope Rescue Gear CapEx 824.99 Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of January 2022