Agenda packet — City Council and Authorities Concurrent, May 10, 2022 (part 1 of 6)

City of Santa Clara
Revised Agenda
Council and Authorities Concurrent Meeting
Call and Notice of Special Meeting
Santa Clara Stadium Authority
Hybrid Meeting
Council Chambers/Virtually
1500 Warburton Avenue
Santa Clara, CA 95050
4:00 PMTuesday, May 10, 2022
**Revisions**
- Added Items 22-680 and 22-681
-Updated Agenda to Reflect Recommendation Inadvertently Left off for Item 22-627 The City of Santa Clara will be conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9067, Councilmembers may teleconference from remote locations and the City continues to provide methods for the public to participate remotely:
• Via Zoom:
ohttps://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306 or
o 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.

NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Governing Board of the Stadium Authority, to commence and convene on May 10, 2022, at 4:00 p.m. for a Special Meeting to be held virtually, to consider the following matter(s) and to potentially take action with respect to them.

Closed Session - 4:00 PM | Study Session - 6:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call

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1.A Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: City Manager’s designee
Employee Organization(s):

Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer’s Association
Unit
#3-IBEW Local 1245 (International Brotherhood of
Electrical Workers)
Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees)
Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees
Association)
22-658

1.B Conference with Legal Counsel-Existing Litigation (SA) Pursuant to Gov. Code § 54956.9(d)(1)
Jesse
Scott, on behalf of himself and all others similarly situated v. Santa Clara Stadium Authority, Santa Clara County Superior Court Case No. 21CV386790
22-644

1.C Conference with Legal Counsel-Existing Litigation (CC, SARDA) Pursuant to Gov. Code § 54956.9(d)(1)
County of Santa Clara, et al., v. City of San Jose, et al.

Santa
Clara County Superior Court Master Case Number
(consolidated) 105CV046005
22-645

1.D Public Employment Appointment (Government Code §§ 54957, 54954.5, subd. (e))
Title: City Manager
22-657
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.

Convene to Closed Session (Council Conference Room)

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6:00 PM STUDY SESSION
Call to Order in the Council Chambers

2. Study Session - Santa Clara Valley Transportation Authority Presentation
on the Architecture and Site Layout of the
Proposed Santa Clara BART Station
22-149
There is no staff recommendation.Recommendation:
7:00 PM COUNCIL REGULAR/SPECIAL STADIUM MEETING
*Open Session to begin at 7:00 PM or shortly thereafter Call to Order
Call to Order in the Council Chambers (Open to the Public) Pledge of Allegiance and Statement of Values

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS

3.A Proclamation of National Public Works Week 202222-339

3.B Recognition of Outgoing Youth Commission Members
FY2021/22
22-544

3.C Action on Appointment of Youth Commissioners for the FY2022/23 Term
22-545
That Council take the following actions related to the
FY2022/23 Youth Commission:
a) reappoint Aarva Gupta, Jasmine Kelly-Tanti,
Khadeejah Khan, Malia Martin, Hiranya Parekh, Rajvi
Khanjan Shroff, Samarth Suresh and Sarah Zuo as
Youth Commissioners;
b) appoint Simren Garg, Fatimah Ismail, Ryan Kim,
Kira Liang, Keith Maben, Samaria Mehta and
Sudeepthi Ravipati as Youth Commissioners; and,
c) appoint Namita Gaidhani and Maryam Ismail as
alternates to the Youth Commission.

Recommendation:

3.D Presentation by Senior Advisory Commission on the Upcoming “Be Strong, Live Long” 2022 Health & Wellness Fair
22-563

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COUNCIL/STADIUM AUTHORITY CONSENT ITEMS DEFERRED FROM APRIL 19, 2022 PULLED FOR

DISCUSSION

4.A Action on 2022 Legislative Advocacy Positions (Deferred from April 19, 2022)
22-590
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.

Recommendation:

4.B Action on Request Submitted by Stadium Manager to Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment (Deferred from April 19, 2022)

1. Request from Stadium Manager to Execute Second Amendment to Agreement
with Bear Electrical Solutions Inc., for Levi’s
Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment
22-596

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2. Report from the Stadium Authority for Action Regarding Stadium Manager’s
Request to Execute Second Amendment to
Agreement with Bear Electrical Solutions, Inc. for Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment
22-597

1. Approve the Stadium Manager’s request to execute
an Amendment No. 2 to the agreement with Bear
Electrical Solutions, Inc. to increase the not to
exceed amount from $250,000 to $670,000 for the
second year of the agreement term to cover the
cost of the interim repairs (for a total not to exceed
amount of $1.42 million over the initial three-year
term), subject to budget appropriations for every
contract year, and authorize the Executive Director
to approve and process the reimbursement of such
costs upon receiving final invoices and supporting
documentation from the Stadium Manager;

2. Approve the Stadium Manager’s request to execute
a one-time agreement with HY Floor and Gameline
Painting, Inc. for refinishing engineered hardwood
flooring surfaces in both BNY Mellon East Club and
BNY West Club at Levi’s Stadium (Club Space
Flooring CapEx Project) in the amount of $48,300;
authorize the Executive Director to approve the
execution of any and all documents associated
with, and necessary for the award, completion, and
acceptance of the project; authorize the Executive
Director to approve the execution of change orders
up to approximately 10% of the contract cost, or
$4,830, for a total not to exceed amount of
$53,130; and authorize the Executive Director to
approve and process the reimbursement of such
costs upon receiving final invoices and supporting
documentation from the Stadium Manager;

3. Approve a budget amendment to include the
Stadium Insulation CapEx Project in the Stadium
Authority FY 2022/23 CapEx Budget in the amount
of $517,500 from Stadium Authority Capital
Expense Reserve; and
Recommendation:

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4. Approve the Stadium Manager’s request to execute
a one-time agreement with Bear Insulation, Inc. to
furnish and install new insulation sheeting at Levi’s
Stadium (Stadium Insulation CapEx Project) in the
amount of $505,023; authorize the Executive
Director to approve the execution of any and all
documents associated with, and necessary for the
award, completion, and acceptance of the project;
authorize the Executive Director to approve the
execution of change orders up to $12,477, for a
total not to exceed amount of $517,500; and
authorize the Executive Director to approve and
process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager.

CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]

5.A Action on February 15, 2022 Special Joint City Council and Santa Clara Valley Water District Meeting Minutes
22-668
Approve the meeting minutes of February 15, 2022
Special Joint City Council and Santa Clara Valley
Water District.

Recommendation:

5.B Board, Commissions and Committee Minutes22-18
Note and file the Minutes of:

Parks & Recreation Commission - March 15, 2022
Cultural Commission - April 4, 2022
Board of Library Trustees - April 4, 2022
Board of Library Trustees - April 21, 2022
Recommendation:

5.C Action on Bills and Claims Report (CC, SCSA) for the period March 5, 2022 - April 1, 2022
22-440
Approve the list of Bills and Claims for March 5, 2022
- April 1, 2022.

Recommendation:

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5.D Action on an Agreement with Freedom Circle Venture Regarding Easements
Related to the Great America Sign Located
Immediately North of HWY 101, Between the San Tomas
Expressway and Great America Parkway Exits
22-474

1. Approve and authorize the City Manager to execute
the Freedom Circle Venture Agreement Regarding
Easements; and

2. Authorize the recordation of the Agreement.

Recommendation:

5.E Update on a Potential Agreement for the Performance of Services
with Wilson, Ihrig & Associates for Noise Monitoring
Services at Vantage CA2 Data Center and Owens Corning
Facility
22-567
Note and file this report.Recommendation:

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5.F Action on Award of Contract for the Santa Clara School Access Improvements
Project (CE 20-21-01) to Guerra Construction
Group and Related Budget Amendment
22-187

1. Award the Public Works Contract for the Santa
Clara School Access Improvements Project (CE
20-21-01) to the lowest responsive and responsible
bidder, Guerra Construction Group, in the amount
of $2,025,116, and authorize the City Manager to
execute any and all documents associated with,
and necessary for the award, completion, and
acceptance of this Project;

2. Authorize the City Manager to execute change
orders up to approximately 10 percent of the
original contract price, or $202,512, for a total not
to exceed amount of $2,227,628; and

3. Consistent with City Charter Section 1305, “At any
meeting after the adoption of the budget, the City
Council may amend or supplement the budget by
motion adopted by the affirmative votes of at
least five members so as to authorize the transfer
of unused balances appropriated for one purpose
to another purpose, or to appropriate available
revenue not included in the budget,” approve the
FY 2021/22 budget amendment in the Streets and
Highways Capital Fund to decrease the Pedestrian
and Bicycle Enhancement Facilities project by
$71,000 and increase the Santa Clara School
Access Improvements project by the same amount
(majority affirmative Council votes required).

Recommendation:

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5.G Action on Award of Contract for the 2022 Annual Street Maintenance and Rehabilitation Project (CE 21-22-02) to O’Grady Paving, Inc. and Related Budget Amendment
22-190

1. Award the Public Works Contract for the 2022
Annual Street Maintenance and Rehabilitation
Project (CE 21-22-02), to the lowest responsive
and responsible bidder, O’Grady Paving, Inc., in the
amount of $5,908,453 and authorize the City
Manager to execute any and all documents
associated with, and necessary for the award,
completion, and acceptance of this Project;

2. Authorize the City Manager to execute change
orders up to approximately 10 percent of the
original contract price, or $590,845, for a total
project budget not to exceed amount of
$6,499,298; and

A. In the Streets and Highways Capital Fund,
recognize transfers of $108,130 from the
Water Utility Fund and $62,840 from the
Sewer Utility Fund, increase the estimate
for Other Agencies Revenue in the amount
of $874,347 for VTA Measure B, and
increase the Annual Street Maintenance
and Rehabilitation Program project by
$1,045,317 (five affirmative Council
votes required to appropriate
additional revenue);
B. In the Water Utility Fund, increase the
transfer to the Streets and Highways
Capital Fund and reduce the unrestricted
ending fund balance by $108,130 (five
affirmative Council votes required for
the use of unused balances); and
C. In the Sewer Utility Fund, increase the
transfer to the Streets and Highways
Recommendation:

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Capital Fund and reduce the unrestricted
ending fund balance by $62,840. (five
affirmative Council votes required for
the use of unused balances).

5.H Action on Amendment No. 1 to the Agreement for Design Professional Services with AECOM Technical Services, Inc. to Provide Program Management Services for Silicon Valley
Power’s System Capacity Expansion Program
22-555

1. Authorize the City Manager to execute Amendment
No.1 to the Agreement for Design Professional
Services with AECOM Technical Services, Inc. to
provide Program Management Services for Silicon
Valley Power’s System Capacity Expansion
Program and increase the maximum compensation
by $8,000,000, for a new not-to-exceed amount of
$11,000,000, and extend the term of agreement
through December 31, 2028, with up to three
one-year options to renew;

2. Authorize the City Manager to make minor changes
to the proposed Amendment No.1 subject to
approval by City Attorney as to Form. and

3. Authorize the City Manager to negotiate and
execute amendments to increase maximum
compensation during the term of the agreement if
the demand for services exceeds maximum
compensation, subject to the appropriation of
funds.

Recommendation:

5.I Action on a Resolution Authorizing the Filing of an Application with
the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2022/23
22-192
Adopt a Resolution Authorizing the Filing of an
Application with the Metropolitan Transportation
Commission for Allocation of Transportation
Development Act Article 3, Pedestrian and Bicycle
Project Funding for Fiscal Year 2022/23.

Recommendation:

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5.J Action on Award of Purchase Orders for Citywide As-Needed Heating,
Ventilation, and Air Conditioning Repairs, Maintenance, and Replacement Services
22-315

1. Authorize the City Manager to execute Purchase
Orders with A&B Mechanical, Inc., Accel Air Systems,
Inc., Thermal Mechanical, Inc. and Environmental
Systems, Inc. for HVAC repair, maintenance, and
replacement services for an initial one-year term, with maximum compensation not-to-exceed an aggregate
amount of $134,000, subject to the appropriation of
funds; and

2. Authorize the City Manager to exercise up to four
one-year options to extend the term of the Purchase
Orders, subject to the appropriation of funds.

Recommendation:

5.K Action on Award of Purchase Order to Johnson Controls Fire Protection
LP for Citywide Fire Alarm Maintenance, Inspection,
Testing, and Repair Services
22-451

1.Authorize the City Manager to execute a purchase
order with Johnson Controls Fire Protection LP for
citywide fire alarm maintenance, inspection, testing,
and repair services for an initial one-year term with
maximum compensation not-to-exceed $115,408;

2. Authorize the City Manager to execute change
orders for a not-to-exceed contingency amount of
$23,000 in the event actual repairs exceeds the
forecasted amount, subject to the appropriation of
funds;

3. Authorize the City Manager to execute change
orders or issue additional purchase order(s) with
Johnson Controls fire Protection LP for additional
sites that may be required, subject to the same terms
and conditions and appropriation of funds; and

4. Authorize the City Manager to execute up to four
one-year options to extend the purchase order after
the initial term, subject to the appropriation of funds.

Recommendation:

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5.L Action on a Resolution Authorizing the Use of City Electric Forces for New Dark Fiber Installations
22-154
Adopt a Resolution authorizing the use of City Electric Forces at 1889 Lawrence Expressway to 3411
Monroe Street, various locations throughout the City
for the South Loop Reconfiguration Project, 6280
America Center Drive to 1350 Duane Avenue, and
545 Oakmead Parkway to 3050 Bowers Avenue.

Recommendation:

5.M Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the
Governor’s Proclaimed COVID State of Emergency
22-598
Adopt a Resolution finding the existence of the need
to extend AB 361 implementation to allow the City’s
legislative bodies to hold public meetings solely by
teleconference or otherwise electronically pursuant to
AB 361.

Recommendation:

5.N Action on Resolution to Oppose Initiative 21-0042A1 “The Taxpayer Protection and Government Accountability Act”
22-574
Adopt a Resolution opposing Initiative 21-0042A1
“The Taxpayer Protection and Government
Accountability Act.”
Recommendation:

5.O Action on a Resolution Authorizing the Use of City Electric Forces Along Magellan Avenue (Deferred from April 19, 2022) 22-595
Adopt a Resolution authorizing the use of City Electric Forces at various pole locations along Magellan
Avenue.

Recommendation:

SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR

6.A Action on Request Submitted by the Stadium Manager for Reimbursement for Costs Related to Emergency Recycled Water Line Repairs

1. Request from the Stadium Manager for Reimbursement for Costs Related to Emergency Recycled Water Line Repairs
22-573

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2. Report from the Stadium Authority for Action on the Stadium Manager’s
Request for Reimbursement for Costs Related to
Emergency Recycled Water Line Repairs and Approve Related Budget Amendment
22-486

1. Approve a budget amendment to include the
Emergency Recycled Water Line Repair Project in the
Stadium Authority FY 2022/23 CapEx Budget in the
amount of $217,004 from the Stadium Authority
Capital Expense Reserve; and

2. Approve the Stadium Manager’s request for
reimbursement of costs, in the amount of $217,004,
for the recycled water line repairs that were completed in 2020.

Recommendation:

6.B Action on Request Submitted by the Stadium Manager to Utilize Cooperative Agreements to Leverage Discounted Pricing through Amazon.com LLC and B&H Foto and Electronics dba B&H and Award Purchase Orders to Advance Stores Company, Inc., AutoZone Parts, Inc, CDW Government LLC, Cintas Corporation, Fastenal Company, Grainger Industrial Supply, Home Depot U.S.A., Inc, and Midwest Motor Supply Company dba Kimball Midwest Operational Goods at Levi's Stadium

1. Request from the Stadium Manager to Utilize Cooperative Ag
reements to Leverage Discounted Pricing through
Amazon.com LLC and B&H Foto and Electronics dba B&H and Award Purchase Orders to Advance Stores Company, Inc.,
AutoZone Parts, Inc, CDW Government LLC, Cintas
Corporation, Fastenal Company, Grainger Industrial Supply, Home Depot U.S.A., Inc, and Midwest Motor Supply Company dba Kimball Midwest for Operational Needs at Levi's Stadium 22-624

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2. Report from the Stadium Authority for Action on Stadium Manager’s
Request to Utilize Cooperative Agreements to
Leverage Discounted Pricing through Amazon.com LLC and
B&H Foto and Electronics dba B&H and Award Purchase
Orders to Advance Stores Company, Inc., AutoZone Parts, Inc., CDW Government LLC, Cintas Corporation, Fastenal Company, Grainger Industrial Supply, Home Depot U.S.A., Inc., and Midwest Motor Supply Company dba Kimball Midwest for
Operational Needs at Levi’s Stadium
22-627

1. Approve the Stadium Manager’s request to utilize
referenced cooperative agreement to award a
purchase order to Advance Stores to procure
automotive parts, accessories and related
supplies from May 1, 2022 through March 31,
2023 in an amount not to exceed $25,000, and
authorize the Executive Director to approve and
process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager;

2. Approve the Stadium Manager’s request to utilize
referenced cooperative agreements to leverage
discounted pricing on Amazon’s online
marketplace to procure supplies, equipment and
goods from May 1, 2022 through March 31, 2023
in an amount not to exceed $250,000, and
authorize the Executive Director to approve and
process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager;

3. Approve the Stadium Manager’s request to utilize
referenced cooperative agreement to award a
purchase order to with AutoZone to procure
automotive parts and related supplies from May 1,
2022 through March 31, 2023 in an amount not to
exceed $10,000, and authorize the Executive
Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

4. Approve the Stadium Manager’s request to utilize
referenced cooperative agreements to leverage
discounted pricing on B&H’s online marketplace to
Recommendation:

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procure audio visual products and accessories
from May 1, 2022 through March 31, 2023 in an
amount not to exceed $50,000, and authorize the
Executive Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

5. Approve the Stadium Manager’s request to utilize
referenced cooperative agreement to award a
purchase order to CDW Government LLC for
information technology solutions related to
hardware, software, computer equipment,
peripherals and accessories from May 1, 2022
through February 28, 2023 in an amount not to
exceed $100,000, and authorize the Executive
Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

6. Approve the Stadium Manager’s request to utilize
referenced cooperative agreement to award a
purchase order to Cintas Corporation for purchase
of uniforms, brand name apparel, safety footwear,
promotional products, facility products, and first
aid and supplies from May 1, 2022 through March
31, 2023 in an amount not to exceed $250,000,
and authorize the Executive Director to approve
and process the reimbursement of such costs
upon receiving final invoices and supporting
documentation from the Stadium Manager;

7. Approve the Stadium Manager’s Request to utilize
referenced cooperative agreement to award a
purchase order to Fastenal Company for MRO
supplies, industrial supplies and related products
from May 1, 2022 through March 31, 2023 in an
amount not to exceed $50,000, and authorize the
Executive Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

8. Approve the Stadium Manager’s request to utilize
referenced cooperative agreement to award a
purchase order to Grainger Industrial Supply for
MRO supplies, industrial supplies and related

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products from May 1, 2022 through March 31,
2023 in an amount not to exceed $200,000, and
authorize the Executive Director to approve and
process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager;

9. Approve the Stadium Manager’s request to utilize
referenced cooperative agreement to award a
purchase order to Home Depot U.S.A., Inc. for
MRO supplies, industrial supplies and related
products from May 1, 2022 through March 31,
2023 in an amount not to exceed $50,000, and
authorize the Executive Director to approve and
process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager; and

10. Approve the Stadium Manager’s request to utilize
referenced cooperative agreement to award a
purchase order to Kimball Midwest for MRO
supplies, industrial supplies and related products
and services from May 1, 2022 through March 31,
2023 in an amount not to exceed $50,000, and
authorize the Executive Director to approve and
process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager.

6.C Action on Request from the Stadium Manager to Award Purchase Orders to Hands Helping Hearts for CPR and First Aid Training and Valley Transportation Authority (VTA) for Construction Access Permit and Related Training; and Authorize Purchases from Pixit for Lost and Found Claims Management Software Subscriptions, IPROVIT for Background Checks Related to VTA Permit, and National Center for Spectator Sports Safety and Security for Annual Membership Renewal

1. Request from the Stadium Manager to Award Purchase Orders to
Hands Helping Hearts for CPR and First Aid Training and Valley Transportation Authority (VTA) for Construction Access Permit and Related Training; and Authorize Purchases from Pixit for Lost and Found Claims Management Software
Subscriptions, IPROVIT for Background Checks Related to VTA Permit, and National Center for Spectator Sports Safety and Security for Annual Membership Renewal
22-628

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2. Report from the Stadium Authority for Action on Stadium Manager’s
Request to Award Purchase Orders to Hands
Helping Hearts for CPR and First Aid Training and Valley Transportation Authority (VTA) for Construction Access Permit and Related Training; and Approve Purchases from Pixit for Lost and Found Claims Management Software Subscriptions, IPROVIT for Background Checks Related to VTA Permit, and National Center for Spectator Sports Safety and Security for Annual Membership Renewal
22-629

1. Approve the Stadium Manager’s request to award
a purchase order to Hands Helping Hearts for CPR
and first aid training for a three-year term and in the amount of $5,408, subject to future budget
appropriations, and authorize the Executive
Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

2. Approve the Stadium Manager’s request to
purchase an annual lost and found claims
management software subscription for three users
from Pixit in the amount of $684, and authorize the
Executive Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

3. Approve the Stadium Manager’s request to award
a purchase order to VTA for a Construction Access
Permit and related training for Stadium Manager
staff in the amount of $4,750, and authorize the
Executive Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

4. Approve the Stadium Manager’s request to
purchase background screening for the VTA
Construction Access Permit and shipping for
badges from IPROVIT in the amount of $1,000, and
authorize the Executive Director to approve and
process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager; and
Recommendation:

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5. Approve the Stadium Manager’s request to
purchase an annual membership renewal from the
National Center for Spectator Sports Safety and
Security in the amount of $595, and authorize the
Executive Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager.

6.D Action on Request Submitted by the Stadium Manager to Authorize Service Award Purchases for Annual Employee Recognition Event, the Jim Wyatt Award Ceremony

1. Request from the Stadium Manager to Authorize Service Award Purchases for Annual
Employee Recognition Event, the Jim
Wyatt Award Ceremony
22-642

2. Report from the Stadium Authority for Action on Stadium Manager’s Request to
Authorize Service Award Purchases for
Annual Employee Recognition Event, the Jim Wyatt Awards Ceremony
22-648
Approve the Stadium Manager’s request to
purchase described service award items in an
amount not to exceed $13,500 for the Jim Wyatt
Awards Ceremony to recognize Levi’s Stadium
Playmakers who staff NFL and Non-Event events,
and authorize the Executive Director to approve
and process the reimbursement of such costs upon
receiving final invoices and supporting
documentation from the Stadium Manager.

Recommendation:

6.E Action on Request Submitted by the Stadium Manager to Incur Charges for the May 24-26, 2022 Innovative Institute for Fan Experience Conference in Las Vegas, NV, June 8-10, 2022 InfoComm Conference in Las Vegas, NV, June 28-30, 2022 National Center for Spectator Sports Safety and Security Conference in Orlando, FL, February 2023 National Center for Spectator Sports Safety and Security Forum, and May 10-13, 2022 National Football League Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C.

Page 18 of 23 ends

Council and Authorities Concurrent
and Special Stadium Authority Meeting
Revised Agenda May 10, 2022

1. Request from the Stadium Manager to Incur Charges for the May
24-26, 2022 Innovative Institute for Fan Experience
Conference in Las Vegas, NV, June 8-10, 2022 InfoComm
Conference in Las Vegas, NV, June 28-30, 2022 National
Center for Spectator Sports Safety and Security Conference in Orlando, FL, February 2023 National Center for Spectator Sports Safety and Security Forum (Location to be Determined), and May 10-13, 2022 National Football League Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C.
22-680

Page 19 of 23 ends

Council and Authorities Concurrent
and Special Stadium Authority Meeting
Revised Agenda May 10, 2022

2. Report from the Stadium Authority for Action on Request from Stadium
Manager to Incur Charges for the May 24-26, 2022
Innovative Institute for Fan Experience Conference in Las Vegas, NV, June 8-10, 2022 InfoComm Conference in Las
Vegas, NV, June 28-30, 2022 National Center for Spectator Sports Safety and Security Conference in Orlando, FL,
February 2023 National Center for Spectator Sports Safety and Security Forum (Location to be Determined), and May 10-13, 2022 National Football League Guest Services and Facility Operations Workshop and Security Conference in Washington, D.C.
22-681

1. Approve the Stadium Manager’s request to incur
charges up to $13,400 for the May 24-26, 2022
IIFX Conference in Las Vegas, NV to cover
registration fees and travel costs, not including any
potential alcohol expenses, for up to four Stadium
Manager employees, and authorize the Executive
Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

2. Approve the Stadium Manager’s request to incur
charges up to $9,800 for the June 8-10, 2022
InfoComm Conference in Las Vegas, NV to cover
travel costs, not including any potential alcohol
expenses, for up to four Stadium Manager
employees, and authorize the Executive Director
to approve and process the reimbursement of
such costs upon receiving final invoices and
supporting documentation from the Stadium
Manager;

3. Approve the Stadium Manager’s request to incur
charges up to $11,600 for the June 28-30, 2022
National Center for Spectator Sports Safety and
Security Conference in Orlando, FL to cover
registration fees and travel costs, not including any
potential alcohol expenses, for up to four Stadium
Manager employees, and authorize the Executive
Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager;

4. Approve the Stadium Manager’s request to incur
Recommendation:

Page 20 of 23 ends

Council and Authorities Concurrent
and Special Stadium Authority Meeting
Revised Agenda May 10, 2022
charges up to $10,600 for the February 2023
National Center for Spectator Sports Safety and
Security Forum (location to be determined) to
cover travel costs, not including any potential
alcohol expenses, for up to four Stadium Manager
employees, and authorize the Executive Director
to approve and process the reimbursement of
such costs upon receiving final invoices and
supporting documentation from the Stadium
Manager; and

5. Approve the Stadium Manager’s request to incur
charges up to $13,650 for the May 10-13, 2022
NFL Guest Services and Facility Operations
Workshop and Security Conference in
Washington, D.C. to cover travel costs, not
including any potential alcohol expenses, for up to
six Stadium Manager employees, and authorize
the Executive Director to approve and process the
reimbursement of such costs upon receiving final
invoices and supporting documentation from the
Stadium Manager.

PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]

CONSENT ITEMS PULLED FOR DISCUSSION

PUBLIC HEARING/GENERAL BUSINESS

7. Public Hearing: FY22/23 Annual Action Plan (FINAL) for the Use of Federal Housing and Urban Development Grant Funds
22-383
Approve the 2022-2023 Annual Action Plan, and
direct staff to incorporate all public comment prior to submission to HUD.

Recommendation:

Page 21 of 23 ends

Council and Authorities Concurrent
and Special Stadium Authority Meeting
Revised Agenda May 10, 2022

8. Action on a Vesting Tentative Subdivision Map for 1530-1540 Pomeroy Avenue
22-411
Adopt a resolution to approve the Vesting Tentative
Subdivision Map to subdivide the two residential
parcels into eight condominium lots and a common
parcel at the property located at 1530 and 1540
Pomeroy Avenue.

Recommendation:

9. Action on Amendment to Covenants, Conditions, and
Restrictions
for Casa del Rey Homeowner Association Located
at 1303 Karmen Court
22-550

1. Inform the Casa del Rey Homeowner Association
that revisions consistent with the CAO’s direction will be required before the Council will consider the
approval of the revised CC&Rs, consistent with
established practice.

Recommendation:

WRITTEN PETITION (COUNCIL POLICY 030) REQUESTS SUBMITTED BY THE PUBLIC/COUNCIL

10. Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Jain Requesting to Place an Agenda Item at a Future Council Meeting to Discuss Whether SBL Contracts Should be Sold on Extra Field Seats
22-569
Staff makes no recommendation.Recommendation:

REPORTS OF MEMBERS AND SPECIAL COMMITTEES

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
Update on City Council and Stadium Authority Staff Referrals22-675 Tentative Meeting Agenda Calendar (TMAC)22-673
The next special scheduled meeting is on Monday, May 16, 2022 in the City Hall Council Chambers.

Page 22 of 23 ends

Council and Authorities Concurrent
and Special Stadium Authority Meeting
Revised Agenda May 10, 2022
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible.

The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

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

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

Page 23 of 23 ends

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-658 Agenda Date: 5/10/2022

SUBJECT
Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representative: City Manager’s designee
Employee Organization(s):

Unit #1-Santa Clara Firefighters Association, IAFF, Local 1171 Unit #2-Santa Clara Police Officer’s Association
Unit #3-IBEW Local 1245 (International Brotherhood of Electrical Workers) Unit #4-City of Santa Clara Professional Engineers
Units #5, 7 & 8-City of Santa Clara Employees Association Unit #6-AFSCME Local 101 (American Federation of State, County and Municipal Employees) Unit #9-Miscellaneous Unclassified Management Employees Unit #9A-Unclassified Police Management Employees
Unit #9B-Unclassified Fire Management Employees
Unit #10-PSNSEA (Public Safety Non-Sworn Employees Association) City of Santa Clara Printed on 5/5/2022Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-644 Agenda Date: 5/10/2022

SUBJECT
Conference with Legal Counsel-Existing Litigation (SA)
Pursuant to Gov. Code § 54956.9(d)(1)
Jesse Scott, on behalf of himself and all others similarly situated v. Santa Clara Stadium Authority, Santa Clara County Superior Court Case No. 21CV386790
City of Santa Clara Printed on 5/5/2022Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-645 Agenda Date: 5/10/2022

SUBJECT
Conference with Legal Counsel-Existing Litigation (CC, SARDA) Pursuant to Gov. Code § 54956.9(d)(1)
County of Santa Clara, et al., v. City of San Jose, et al.

Santa Clara County Superior Court Master Case Number (consolidated) 105CV046005 City of Santa Clara Printed on 5/4/2022Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-657 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Public Employment Appointment (Government Code §§ 54957, 54954.5, subd. (e)) Title: City Manager
City of Santa Clara Printed on 5/5/2022Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-149 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Study Session - Santa Clara Valley Transportation Authority Presentation on the Architecture and Site Layout of the Proposed Santa Clara BART Station

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
This project is Phase II of the Santa Clara Valley Transportation Authority's (VTA) BART Silicon Valley Program to extend the BART system from the Warm Springs Station in Fremont into Santa Clara County, with six stations in Milpitas, San Jose, and Santa Clara approximately the span of 16 miles.

Phase II of the Program has been split into two segments. The first segment consisted of the 10-mile, two-station Berryessa Extension, with stations in Milpitas and Berryessa/North San Jose, which opened for revenue service in June 2020. The second segment consists of an approximately six-mile long extension of the BART system from the Berryessa/North San Jose BART Station in San Jose to the proposed Santa Clara BART Station.

DISCUSSION
On January 5, 2022, at a study session with the City Council, VTA staff provided an update on the BART Phase II project including the information about the current status of the project, design of the Santa Clara BART Station, public outreach efforts, project schedule, and next steps. Based on questions from the Council and community, the Council requested that the VTA provide an additional presentation related to the Santa Clara Station architecture and overall layout. Additionally, based on recent media reporting related to the BART Phase II project schedule, VTA will provide an update on the project budget and schedule.

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

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

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

City of Santa Clara Printed on 5/3/2022Page 1 of 2
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22-149 Agenda Date: 5/10/2022

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
There is no staff recommendation.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Rajeev Batra, City Manager
City of Santa Clara Printed on 5/3/2022Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-339 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Proclamation of National Public Works Week 2022

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure Enhance Community Sports, Recreational and Arts Assets

BACKGROUND
Since 1960, the American Public Works Association (APWA) has sponsored National Public Works Week to celebrate how public works projects and public works professionals help improve our communities. Across North America, thousands of APWA members, citizens, and government agencies join together in activities, events, and ceremonies designed to pay tribute to public works personnel and to recognize the important role they play in planning, building, managing, and operating at the heart of local communities to improve the quality of life each day.

DISCUSSION
May 15-21, 2022 is designated as National Public Works Week. The APWA has chosen “Ready and Resilient” for this year’s theme, which showcases the superheroes that lie within each and every public works professional. Always ready to serve their communities and resilient as ever in overcoming challenges, this theme highlights the ability of these professionals to perform every day public works duties while also being ready at a moment’s notice to react as first responders and help overcome trials in the field.

Various departments within the City of Santa Clara (City) focus on delivering high quality public works projects including Parks & Recreation, Public Works, Water and Sewer Utilities, and Silicon Valley Power. The staff in these departments partner with the community to provide infrastructure services in transportation, roadway and landscape maintenance, wastewater and stormwater treatment, water and solid waste systems, parks and recreation spaces, power, emergency management and first response, right-of-way management, and maintenance of public buildings and other facilities essential to our citizens. This City team uses its superhero abilities to keep our community strong, our citizens safe, and our City a great place to live, work and play.

In honor of Public Works Week, the Mayor has signed a City Proclamation, proclaiming May 15-21, 2022 as Public Works Week in Santa Clara.

ENVIRONMENTAL REVIEW
This is an informational report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

City of Santa Clara Printed on 5/3/2022Page 1 of 2
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22-339 Agenda Date: 5/10/2022

FISCAL IMPACT
There is no fiscal impact other than staff time for preparing this report.

REPORT TO COUNCIL

SUBJECT
Recognition of Outgoing Youth Commission Members FY2021/22

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The City of Santa Clara Youth Commission was established in 1995 to act in an advisory capacity to City Council to provide relevant insight regarding youth and teen issues in the community. Since its inception, the 15-member Youth Commission has provided a youth perspective and voice, as well as, opportunities for civic engagement, service, leadership training, and peer support, including recommendations for new City facilities and programs that support an active and healthy youth population.

DISCUSSION
The City Council will recognize the service of each of the seven outgoing members of the FY2021/22 City of Santa Clara Youth Commission. Youth Commissioners to receive recognition are:

Name Years of Commission Service

1. Mitchell Blanda 1

2. Kaitlyn Butcher 1

3. Mitali Gaidhani 1

4. Rishith Gopisetti 1

5. Ahmad Ismail 3

6. Riya Mehta 2

7. Palak Parikh 2

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.

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22-544 Agenda Date: 5/10/2022
Reviewed by: James Teixeira, Director, Parks & Recreation Department Approved by: Rajeev Batra, City Manager
City of Santa Clara Printed on 5/5/2022Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-545 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Action on Appointment of Youth Commissioners for the FY2022/23 Term

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The Youth Commission serves in an advisory capacity to the City Council and makes recommendations on matters pertaining to the Santa Clara youth and teen population, especially as it relates to municipal programs and City projects, and is under the supervision of a staff liaison from the Parks & Recreation Department. The Youth Commission was established in 1995 by Ordinance No. 1673, with eligibility criteria, powers and responsibilities outlined in Resolution No. 6047. The candidate selection and recommendation processes were updated in 2019 by Resolution No. 19- 8706.

DISCUSSION
As of April 2022, there are eight (8) Youth Commissioners eligible for reappointment, leaving seven (7) Youth Commission vacancies, and two (2) alternate positions able to be filled by Council appointment.

On March 26, 2022, 16 candidates for the City of Santa Clara Youth Commission were interviewed by a selection panel comprised of the Commission’s Staff Liaison, a Parks & Recreation Department Recreation Supervisor, and the outgoing Youth Commission Chairperson in accordance with the approved process. The applicants were screened for the eligibility criteria and then evaluated on how well they would represent the City’s youth and teen population on the Youth Commission.

Following the interview process, the selection panel recommends the reappointment of eight (8) eligible existing commissioners, the appointment of seven (7) eligible candidates to serve on the Commission, and selection of two (2) eligible candidates to be conditionally appointed as Commission alternates. The alternates are non-voting members of the Commission but will attend meetings and fill a vacant position on the Commission should a Youth Commissioner be unable to complete their term. Each Commissioner will serve a one-year term beginning in September 2022 and ending in May 2023. Each candidate recommended for appointment meets the requirements of a City of Santa Clara resident ages 12-19.

Table 1 below contains a list of candidates recommended for reappointment, appointment and to serve as alternates on the FY2022/23 Youth Commission:

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22-545 Agenda Date: 5/10/2022
(a) Returning Commissioners from 2021/22 term eligible for reappointment for FY2022/23 term
Name Grade School Entering Fall of 2022
Aarav Gupta 10 Bellarmine College Preparatory
Jasmine Kelly-Tanti 11 Santa Clara High School
Khadeejah Khan 10 Santa Clara High School
Malia Martin 9 Archbishop Mitty High School
Hiranya Parekh 10 Santa Clara High School
Rajvi Khanjan Shroff 11 Cupertino High School
Samarth Suresh 9 Wilcox High School
Sarah Zuo 10 Cupertino High School
(b) Candidates Recommended for Appointment for 2022/23 Term Name Grade School Entering Fall of 2022
Simren Garg 10 Saint Francis High School
Fatimah Ismail 11 Wilcox High School
Ryan Kim 10 Sacred Heart Prep School
Kira Liang 10 Cupertino High School
Keith Maben 11 Wilcox High School
Samaira Mehta 9 Archbishop Mitty High School
Sudeepthi Ravipati 11 Saint Francis High School
(c) Candidates Recommended as Conditional Alternates for 2022/23 Name Grade School Entering Fall of 2022
Namita Gaidhani 9 Cupertino High School
Maryam Ismail 10 Wilcox High School

FISCAL IMPACT
Budgeted staff support, Commissioner training, and meeting expenses are the fiscal impacts related to the approval of appointments to the Youth Commission for the FY2022/23 term.

RECOMMENDATION
That Council take the following actions related to the FY2022/23 Youth Commission:
a) reappoint Aarva Gupta, Jasmine Kelly-Tanti, Khadeejah Khan, Malia Martin, Hiranya Parekh, Rajvi Khanjan Shroff, Samarth Suresh and Sarah Zuo as Youth Commissioners; b) appoint Simren Garg, Fatimah Ismail, Ryan Kim, Kira Liang, Keith Maben, Samaria Mehta and Sudeepthi Ravipati as Youth Commissioners; and,
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22-545 Agenda Date: 5/10/2022
c) appoint Namita Gaidhani and Maryam Ismail as alternates to the Youth Commission.

Reviewed by: James Teixeira, Director, Parks & Recreation Department Approved by: Rajeev Batra, City Manager
City of Santa Clara Printed on 5/3/2022Page 3 of 3
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-563 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Presentation by Senior Advisory Commission on the Upcoming “Be Strong, Live Long” 2022 Health & Wellness Fair

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

BACKGROUND
The Senior Advisory Commission adopted a goal for 2021/22 to organize and promote a Health and Wellness Fair called “Be Strong, Live Long” to be held on Friday, May 20 from 10:00 a.m. until 1:00 p.m. in Fremont Park adjacent to the Senior Center. The health fair aims to celebrate older adults’ desire to improve their personal health and provide resources to caregivers responsible for older family members.

DISCUSSION
The sixth annual health fair will return to an in-person event with 50 exhibitor booths. Attendees will be able to:
• access community resources
• obtain baseline health information with preventative biometric screenings • gather information on how to age in place
• discover safety net and support services for older adults • enjoy a barbeque lunch ($7.00) between 11:30 a.m. and 1:00 p.m.

This special event is sponsored by the Santa Clara Senior Center and the Senior Advisory Commission and is open to the public. Parking in the neighborhood and parking lot will be limited, so carpooling or alternative forms of transportation are encouraged.

ENVIRONMENTAL REVIEW
This is an information report only. No action is being taken by the City Council, and no environmental review under the California Environmental Quality Act (“CEQA”) is required

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

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 Printed on 5/3/2022Page 1 of 2
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22-563 Agenda Date: 5/10/2022
Office at (408) 615-2220, email [email protected] <mailto:[email protected]>.

Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. “Be Strong, Live Long 2022” flyer
City of Santa Clara Printed on 5/3/2022Page 2 of 2
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~see reverse side for more information and list of exhibitors~ Santa Clara Senior Center ~ 1303 Fremont St. ~ (408) 615-3170 Friday, May 20, 2022
10 am - 1 pm
at Fremont Park (next to the Senior Center)

City of Santa Clara Parks & Recreation Department
• E~
Health Wei I ness Fair ·
50 Exhibitors
BBQ Lunch
Sponsored by: Santa Clara Senior Advisory Commission and ... ;/;;~:"·\\ City of
\~· .. ~;~· =· c,~' ... ~/ Santa Clara
···· ·· -'
1 "ss,otl ..... ·· The Center of What's Possible
Santa Clara Senior Center ~ 1303 Fremont St. ~ (408) 615-3170

List of Exhibitors
(Subject to Change)

1. Information Booth
Outdoor Spaces & Buildings:

2. City of Santa Clara Parks & Recreation Department

3. UCCE Composting Education Program

4. Santa Clara Lawn Bowls

5. Santa Clara Valley Open Space Authority
Transportation:

6. VTA/Access Paratransit

7. Silicon Valley Bicycle Coalition — Energizer Station Housing:

8. City Santa Clara Housing & Community Services

9. Rebuilding Together Silicon Valley

10. Project Sentinel

11. Valley Village Retirement Community
Social Participation:

12. Live Oak Adult Daycare

13. Santa Clara Women’s League
Respect & Social Inclusion:

14. Yu-Ai Kai Japanese-American Community Service

15. City of Santa Clara Senior Center

15. SCC Dept of Aging and Adult Services
Civic Participation & Employment:

17. City of Santa Clara Senior Advisory Commission
Communication & Information:

18. Fresh Approach

19. California Telephone Access Program

20. City of Santa Clara Information Technology Department

21. City of Santa Clara Library

22. Mission City Memorial Park

23. Clear Captions

24. Elder Abuse Task Force

25. Silicon Valley Animal Control Authority

26. Silicon Valley Power

27. Caregivers Network by Sourcewise

28. Health Insurance & Advocacy Program by Sourcewise
Community & Health Services:

29. Alzheimer’s Association

30. Breathe California of the Bay Area

31. Cancer CAREpoint

32. City of Santa Clara Environmental Programs

33. City of Santa Clara Fire Department

34. City of Santa Clara Police Department

35. City of Santa Clara Senior Center Health & Wellness Program

36. Heart of the Valley

37. Santa Clara Family Health Plan

38. SCC PHD — Diabetes Prevention & Wellness Program

39. SC County PHD—Healthy Brain Initiative

40. Catholic Charities

41. Foothill College Community Dental Health

42. Second Harvest Silicon Valley

43. Stepping Stones

44. Silicon Valley Ostomy Support Group

45. American Heart Association

46. Family Caregiver Alliance

47. Seniors Council Foster Grandparent & Senior Companion Programs

48. Senior Adult Legal Assistance (SALA)

49. SCC Valley Medical Center Injury Prevention Program

50. Kaiser Permanente - Mental Health & Wellness

51. Alcoholics Anonymous

Bring your questions, wear your outdoor shoes & sunscreen, and be ready for some helpful information, healthy living tips, music, and fun.

BBQ Lunch available for $7.00,
beginning at 11:30 ani
•
• •
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-590 Agenda Date: 5/10/2022

REPORT TO COUNCIL

SUBJECT
Action on 2022 Legislative Advocacy Positions (Deferred from April 19, 2022)

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 Printed on 5/3/2022Page 1 of 13
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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 COVID- related 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 de- certification 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 Printed on 5/3/2022Page 2 of 13
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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 Printed on 5/3/2022Page 3 of 13
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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 non- publicly 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 Printed on 5/3/2022Page 4 of 13
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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, service- oriented 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 Printed on 5/3/2022Page 5 of 13
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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 Printed on 5/3/2022Page 6 of 13
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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 post- employment 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 Printed on 5/3/2022Page 7 of 13
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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 Printed on 5/3/2022Page 10 of 13
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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)
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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.

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 Printed on 5/3/2022Page 12 of 13
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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.

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: Rajeev Batra, 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 nati
onal 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 posi tions, 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 St atement 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 Cali
fornia 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-CITY

RELATED 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

Page 1 of 2 ends

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

Page 2 of 2 ends

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 COVID- 19, 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, t here 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 t he 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 and promote the economic recovery for those impacted by the COVID-19 pandemic, the City of Santa Clara:
• S upports 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, service- oriented 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 fac ing 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 Environment al 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 Shut - offs (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.

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.

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 post - employment 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.

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 rest rict 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.

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.

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. • S upport 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.

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 pedestri an 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.
• S upport 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 reduc e 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.

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.

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
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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. • P rotect 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:
• S upports 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 sma ll 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

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

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

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:

For Council Consideration on April 19, 2022

Legislative Advocacy Position

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 o f 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
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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.
• S upport 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. • S upport 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

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. • S upport 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.

Legislative Advocacy Position
There continues to be a strong i Interest 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 for Support 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.
• S upport 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. • S upport 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.
• S upport 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 pP olicies that reduce carbon emissions and traffic congestion.
• I ncrease 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 N ational 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.

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
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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. • M onitor 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

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 limi ted 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 effor ts 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
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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
22-596 Agenda Date: 5/10/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from Stadium Manager to Execute Second Amendment to Agreement with Bear Electrical Solutions Inc., for Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project and Agreements with HY Floor and Gameline Painting, Inc. for Club Space Flooring CapEx Project and Bear Insulation, Inc. for Stadium Insulation CapEx Project and Approve Related Budget Amendment

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

DISCUSSION
On April 4 and 6, 2022, the Stadium Manager submitted the attached email request and Recommendation for Award memos (Attachments 1-3), along with supporting procurement documentation, to request approval from the Stadium Authority Board for the following:

Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project

1. Execute an Amendment No. 2 to the agreement with Bear Electrical Solutions, Inc. to increase the not to exceed amount for the second year of the agreement term by $420,000 to $670,000. The $420,000 will be used to cover the cost of the Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project.

This project is included in the Stadium Authority FY 2022/23 CapEx Budget under the Levi’s Naming Rights Existing Signage and Driver Repair line item, which is budgeted for $420,000.

Club Space Flooring CapEx Project

1. Award a one-time agreement to HY Floor and Gameline Painting, Inc. in the amount of $48,300 for refinishing engineered hardwood flooring surfaces in both BNY Mellon East Club and BNY West Club at Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $4,830, for a total not to exceed amount of $53,130.

This project is included in the Stadium Authority FY 2022/23 CapEx Budget under the Club Space Flooring line item, which is budgeted for $89,250.

Stadium Insulation CapEx Project

1. Award a one-time agreement to Bear Insulation, Inc., in the amount of $505,023 to furnish and install new insulation sheeting at Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary City of Santa Clara Printed on 5/3/2022Page 1 of 2
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22-596 Agenda Date: 5/10/2022
for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to $12,477 for a total not to exceed amount of $517,500.

This project is not included in the Stadium Authority FY 2022/23 CapEx Project and a budget amendment would be required to approve the Stadium Manager’s request.

The original and Amendment No. 1 to the Bear Electrical Solutions, Inc. agreement, and HY Floor and Gameline Painting, Inc. and Bear Insulation, Inc. are attached to this report (Attachments 4-7).

The Stadium Manager’s Recommendation for Award memos describes the projects and Request for Bids processes that were implemented for the Club Space Flooring and Stadium Insulation CapEx Projects.

ATTACHMENTS

1. Stadium Manager’s Email Request - Levi’s Naming Rights Existing Signage Lighting and Driver Repair

2. Stadium Manager’s Recommendation for Award - Club Space Flooring

3. Stadium Manager’s Recommendation for Award - Stadium Insulation

4. Original Bear Electrical Solutions, Inc. Agreement and Amendment No. 1

5. Amendment No. 2 to Bear Electrical Solutions, Inc. Agreement - Levi’s Naming Rights Existing Signage Lighting and Driver Repair

6. Agreement with HY Floor and Gameline Painting, Inc. - Club Space Flooring

7. Agreement with Bear Insulation, Inc. - Stadium Insulation City of Santa Clara Printed on 5/3/2022Page 2 of 2
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From: Mercurio, Jim
To: Christine Jung; Kenn Lee; Ruth Shikada
Cc: Mercurio, Jim
Subject: FY 22/23 SCSA Capital Expenditure Project titled Levi’s Naming Rights Existing Signage Lighting and Driver Repair Project - Bear Electric
Date: Tuesday, April 5, 2022 9:42:40 AM
Attachments: image001.png
Good morning, Christine & Ruth:

The repair of the existing Naming Rights Signage was recently approved as part of the FY22/23 Santa Clara Stadium Authority (“SCSA”) Capital Expenditures budget. The work involves the repair and replacement of the Naming Rights Signs LED lights and drivers.

The Stadium Manager has an existing agreement with Bear Electrical Solutions, Inc. (Bear Electrical) for Electrical Maintenance and Repairs, but it has a Not to Exceed limit of $250K per year. We are proposing an amendment to this existing contract value by increasing the NOT TO EXCEED limit to $670,000. The increased budget amount of $420,000 will cover the cost of the approved interim repairs as part of the FY 22/23 SCSA Capital Expenditure Project titled Levi’s Naming Rights Existing Signage Lighting and Driver Repair Project. We request that this be added to the April agenda for the Board’s consideration and approval.

Thank you in advance for your prompt attention and consideration.

JIM

JIM MERCURIO
Executive Vice President & General Manager
Forty Niners Stadium Management Company
T 408.562-4944 | M 650 642-4909
Levi’s® Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054

––––––––––––––––––––––––

#FTTB
49ers.com

1 Date: April 1, 2022

To: Jim Mercurio
Executive Vice President & General Manager

From: Jenti Vandertuig
Procurement Director

Subject: Recommendation for Award RFB FY21-0020 Levi’s Stadium BNY Mellon East and West Club Engineering Wood Refinishing Project

Recommendation

1. Recommend approval and award of a one-time agreement to HY Floor and Gameline Painting, Inc., in the amount of $48,300 for refinishing engineered hardwood flooring surfaces in both BNY Mellon East Club and BNY West Club at Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to approximately 10% of the contract cost, or $4,830, for a total not to exceed amount of $53,130.

Solicitation Process
Forty Niners Stadium Management Company LLC (“Stadium Manager”) has a need to refinish the engineered hardwood flooring surfaces in both BNY Mellon East Club and BNY West Club at Levi’s Stadium (“Stadium”). The BNY East and West Clubs and Levi’s 501 spaces are among the most utilized in the building and get a large amount of foot traffic. Upon review of the existing flooring, it was determined that refinishing the engineered hardwood flooring at the BNY East and West Clubs will extend the useful life of these spaces as well as reduce slips and falls from worn floors. The review of the spaces also determined that no hardwood flooring work in Levi’s 501 Club is required at this time.

The refinish of engineered hardwood flooring in these specific areas was approved as part of the FY21/22 Santa Clara Stadium Authority (“SCSA”) Capital Expenditures budget.

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STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY
2 On January 11, 2022, Stadium Manager issued a Request for Bids (RFB) FY21-0020 for refinishing engineered hardwood flooring surfaces in both BNY Mellon East Club and BNY West Club at the Stadium.

Stadium Manager published the RFB on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of suppliers on our established supplier list, Stadium Manager also selected suppliers registered on the portal with specific commodity codes offering flooring maintenance services.

On January 18, 2022, Stadium Manager published the Notice Inviting Bids related to this project in the San Jose Mercury News publication. Notices were also emailed on January 11, 2022 to the Builders’ Exchange of Santa Clara County and Minority Business Consortium requesting them to communicate with their respective member communities.

Stadium Manager held a non-mandatory pre-bid conference on January 18, 2022 at 10:00 a.m. (PT) via Zoom to provide an overview of the project and answer any questions from prospective bidders. The RFB provided prospective bidders the option to schedule on-site visits to the Stadium.

Electronic bid submissions were due on or before February 8, 2022 at 3:00 p.m. (PT).

One bid was received on or before the closing due date and time from the following firm:

1. HY Floor and Gameline Painting, Inc. - $48,300

Public Bid Opening
A public bid opening was held on February 8, 2022 at 4:00 p.m. (PT). The RFB provided the public bid opening webcast information including a meeting ID and password for bidders to log on via Zoom to attend. One bidder was in attendance. Stadium Manager announced the receipt of one bid on or before the due date and time, announced the name of the bidder and the base bid amount. HY Floor and Gameline Painting, Inc. was declared the apparent low bidder with a total bid amount of $48,300.

Evaluation of Apparent Low Bidder
Stadium Manager reviewed the bid from HY Floor and Gameline Painting, Inc. and determined the bid to be responsive and responsible. The review verified that all the required forms were submitted and completed properly, the bid schedule contained no arithmetic errors, and the bid bond is authorized. Stadium Manager also confirmed that HY Floor and Gameline Painting, Inc. is authorized to do business in California, is -82:1547Ā.7;36893Ā0-*Ā"$+!$,- Ȁ) &/Ȁ$"#,Ȁ,..)Ȁ)&.)#"'%%&("

3 appropriately licensed with the California Contractors State License Board, and is registered with the Department of Industrial Relations.

Next Steps
The Total Bid Price is $48,300. The cost of this purchase is covered in the FY 21/22 SCSA Capital Expenditures budget referenced under General Building, Club Space Flooring.

The approved budgeted amount is $89,250.

Once Stadium Manager receives approval from the SCSA Board, an agreement (detailed in the RFB) will be executed with HY Floor and Gameline Painting, Inc. and a fully executed copy of the agreement will be forwarded to the Board. In addition, Stadium Manager requests authorization to issue change orders up to 10% of the agreement which will allow Stadium Manager to take timely administrative action if required and not delay completion of the Project.

Supporting documentation has been provided for review and approval. The cost for advertising the RFB in the San Jose Mercury News publication for one day is $373.47.

Stadium Manager’s request to publish legal notices in the San Jose Mercury News for various solicitations, including public works, was approved by the SCSA Board on July 13, 2021. This is a public works project.

Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director

Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager

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1 Date: April 1, 2022

To: Jim Mercurio
Executive Vice President & General Manager

From: Jenti Vandertuig
Procurement Director

Subject: Recommendation for Award RFB FY21-0023 Levi’s Stadium Insulation Capping Project

Recommendation

1. Recommend approval and award of a one-time agreement to Bear Insulation, Inc., in the amount of $505,022.90 to furnish and install new insulation sheeting at Levi’s Stadium;

2. Authorize Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of this Project; and

3. Authorize Stadium Manager to execute change orders up to $12,477.10 for a total not to exceed amount of $517,500.

Solicitation Process
Forty Niners Stadium Management Company LLC (“Stadium Manager”) has a need to furnish and install new insulation sheeting above the concourse and concession areas at Levi’s Stadium (“Stadium”) where the existing sheeting is separating from the existing insulation. The plan is to leave the existing insulation in place, and install new sheeting over the insulation to improve the appearance and extend the life of the existing insulation.

The Stadium Insulation Project was approved by the Santa Clara Stadium Authority (“SCSA”) as part of the FY21/22 SCSA Capital Expenditures budget. The initial approved funds allocated for this project was $157,500. On November 30, 2021, pursuant to an outcome of a formal solicitation, Stadium Manager recommended a budget augmentation of $360,000 for a total amount of $517,500. The SCSA Board approved the recommendation on January 11, 2022.

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STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY
2 On March 1, 2022, Stadium Manager issued a Request for Bids (RFB) FY21-0023 for furnishing and installation of new insulation sheeting at the Stadium.

On March 4, 2022, Stadium Manager published the Notice Inviting Bids related to this project in the San Jose Mercury News publication. Notices were also emailed on March 1, 2022 to the Builders’ Exchange of Santa Clara County and Minority Business Consortium requesting them to communicate with their respective member communities.

Stadium Manager held a non-mandatory pre-bid conference on March 10, 2022 at 10:00 a.m. (PT) via Zoom to provide an overview of the project and answer any questions from prospective bidders. The RFB provided prospective bidders the option to schedule on-site visits to the Stadium.

Electronic bid submissions were due on or before March 30, 2022 at 3:00 p.m. (PT). One bid was received on or before the closing due date and time from the following firm:

1. Bear Insulation, Inc. - $505,022.00

Public Bid Opening
A public bid opening was held on March 30, 2022, 2022 at 4:00 p.m. (PT). The RFB provided the public bid opening webcast information including a meeting ID and password for bidders to log on via Zoom to attend. Multiple callers were in attendance.

Stadium Manager announced the receipt of one bid on or before the due date and time, announced the name of the bidder and the base bid amount. Bear Insulation, Inc. was declared the apparent low bidder with a total bid amount of $505,022.00.

Evaluation of Apparent Low Bidder
Stadium Manager reviewed the bid from Bear Insulation, Inc. and determined the bid to be responsive and responsible. Multiple discrepancies were noted during the review which were considered immaterial. The bid amount in the bid is $505,022.00 whereas the actual bid amount is $505,022.90. However, the bid schedule allows us to calculate using their unit price and the estimated quantity. The license number was not provided under Section 1.1 but the license classification and expiration date was provided.

Stadium Manager considered this immaterial because their license number was listed in ,7190436Ā-6:25782Ā/,(Ā+).'. $ Ȁ'$&)Ȁ""*,Ȁ)&"*Ȁ'))'+#%-*!)$

3 several other places in the bid. All the other required forms were submitted and the bid bond is authorized. Stadium Manager also confirmed that Bear Insulation, Inc. is authorized to do business in California, is appropriately licensed with the California Contractors State License Board, and is registered with the Department of Industrial Relations.

Next Steps
The Total Bid Price is $505,022.90. The cost of this purchase is covered in the FY 21/22 SCSA Capital Expenditures budget referenced under Site, Stadium Insulation. The approved augmented budgeted amount is $517,500.

Once Stadium Manager receives approval from the SCSA Board, an agreement (detailed in the RFB) will be executed with Bear Insulation, Inc. and a fully executed copy of the agreement will be forwarded to the Board. In addition, Stadium Manager requests authorization to issue change orders up to $12,477.10, the maximum amount approved by the SCSA Board for this Project, which will allow Stadium Manager to take timely administrative action if required and not delay completion of the Project.

Supporting documentation has been provided for review and approval. The cost for advertising the RFB in the San Jose Mercury News publication for one day is $348.15.

Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director

Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager

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STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY

LEVI'S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

CONTRACT

KEY PROVISIONS
CONTRACT TITLE Levi's Stadium Electrical Maintenance and Repair Services - MANCO
CONTRACT NUMBER 10050-B
PURPOSE Utilize for on-call electrical maintenance and
repair services at the Levi's Stadium.

CONTRACT TERM May 5, 2021 through May 4, 2024 with an
option to renew for two additional one year
periods.

TOTAL CONTRACT VALUE Total contract value is $750,000 for 3 years.

Not to Exceed Amount for each contract year is
$250,000. SCSA Budget approval for subsequent
years is required.

CONTRACTOR Bear Electrical Solutions, Inc.
1341 Archer Street
Alviso, CA 95002
CONTRACTOR CONTACT Robert Asuncion
Email: [email protected]
Cell: 408-717-2448

1. Authorized user shall request quotes
ORDER PROCESS 2. Upon verification and approval, Contractor shall be awarded the work via a fully
executed Task Order based on the
Contractor's response, availability, cost and
expertise. Task Order will be executed by
4900 Marie P. DeBartolo Way I Santa Clara, CA 95054
EVP & General Manager of Stadium
Operations.

3. Approved Task Order issued to Contractor by
Project Manager.

4. Each Task Order shall have a not to exceed
amount prior to work being authorized and must
be tracked against contract funding threshold to
ensure the total is under budget.

AUTHORIZED USER ENGINEERING DEPARTMENT
STADIUM MANAGER Ryan Van Maarth
CONTACT/ADMINISTRATOR VP of Stadium Operations and Strategic Planning 4900 Marie P DeBartolo Way
Santa Clara, CA 95054
Email : Ryan .VanMaarth@49ers .com
Tel: 206-550-8030
TAX STATUS AND PAYMENT Goods - Taxable
TERMS Services - Non-taxable
Net 30 days from receipt of undisputed invoice.

SOLICITATION REFERENCE RFP FY20-0001
SCSA APPROVAL DATE April 20, 2021 Board Meeting

PREVAILING WAGE YES

REQUIRED
DIR REPORTING Registered on May 19, 2021
PERFORMANCE AND Submitted

PAYMENT BONDS
2 Contract Number: 10050-B

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

LEVI'S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

1. PARTIES AND DATE.

This Contract is made and entered into this Fifth day of May, 2021 by and between the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company ("Stadium Manager") and BEAR ELECTRICAL SOLUTIONS, INC., a California Corporation with its principal place of business at 1341 Archer Street, Alviso, CA 95002 ("Contractor"). Stadium Manager and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.

2. RECITALS.

2.1 Stadium Manager. Stadium Manager seeks to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance and repair services required by the Stadium Manager on the terms and conditions set forth in this Contract and in the task order(s) to be issued pursuant to this Contract and executed by the Stadium Manager and Contractor ('Task Order"). Contractor represents that it is duly licensed and experienced in providing Levi's Stadium On-Call Stadium Electrical related maintenance and repair services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager. The following license classifications are required for this Project: C-7 Low Voltage Systems and C-10 Electrical Contractor.

2.3 Project. Stadium Manager desires to engage Contractor to render such services for the On-Call Stadium Electrical Maintenance and Repair ("Project") as set forth in this Contract on an on-call, as-needed basis. There is no guarantee of any of work under this Contract other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Scope of Work (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E") • Payment and Performance Bonds (Exhibit "F")

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Contract Number: 10050-8
• Rate Schedule (Exhibit "G")
• Sample Task Order Form (Exhibit "H")
• Addenda
• Change Orders executed by the Stadium Manager
• 2018 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor's Bid, if any

3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary for the Project (hereinafter sometimes referred to as the "Work"). The type of Work to be provided is described in Exhibit "A" attached hereto and incorporated herein by reference and in the individual Task Orders issued by the Stadium Manager. No Work shall be performed unless authorized by this Contract and by a fully executed Task Order in the form attached hereto as Exhibit "H". All Work shall be subject to, and performed in accordance, with this Contract, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Stadium Manager. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Stadium Manager may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b), the Stadium Manager may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Stadium Manager may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the repair schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any

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Contract Number: 10050-B
is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The Stadium Manager has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted.

Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Stadium Manager in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the Stadium Manager's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance and Liquidated Damages. The term of this Contract shall commence on the date first set forth above and expire on May 4, 2024, unless earlier terminated as provided herein. Contractor shall complete the Work within the term of this Contract, and shall meet any other established schedules and deadlines set forth in the Task Order(s). All applicable indemnification provisions of this Contract shall remain in effect following the termination of this Contract. The Parties may, by mutual, written consent, further extend the term of this Contract for two (2) additional one (1) year periods. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquidated damages a fixed dollar amount per day for each and every calendar day of delay beyond any completion schedule, repair schedule or Project milestones established pursuant to the Contract and any Task Order(s). The daily liquidated damages amount will be determined for each separate Task Order and will be set forth in that Task Order.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Stadium Manager, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the Stadium Manager to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

Page 3 of 40 ends

Contract Number: 10050-8
uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be reemployed on the Work.

3.5 Control and Payment of Subordinates: Contractual Relationship. Stadium Manager retains Contractor on an independent contractor basis and Contractor is not an employee of Stadium Manager. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

3.6 Stadium Manager's Basic Obligation. Stadium Manager agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Stadium Manager shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3. 7 Compensation and Payment.

3. 7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit "G" attached hereto and incorporated herein by reference. The maximum compensation for Work to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contractor, in the aggregate, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) ("Total Contract Price") per contract year without the written approval of the Stadium Manager. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Contract.

3. 7.2 Payment of Compensation. Contractor shall submit to Stadium Manager a monthly itemized statement which indicates Work completed by Contractor in a format acceptable to the Stadium Manager. The statement shall describe the amount of Work and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. These statements shall be supported by evidence which is required by this Contract and such other documentation as the Stadium Manager may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.

3. 7.3 Prompt Payment. Stadium Manager shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

Page 4 of 40 ends

Contract Number: 10050-B

3.7.4 Deductions and Withholdings. The Stadium Manager may deduct from each progress payment an amount necessary to protect Stadium Manager from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Stadium Manager in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Stadium Manager during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Stadium Manager, incurred by the Stadium Manager for which Contractor is liable under the Contract; and (11) any other sums which the Stadium Manager is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Stadium Manager to deduct any of these sums from a progress payment shall not constitute a waiver of the Stadium Manager's right to such sums.

3.7.5 Substitutions for Contract Deductions and Withholdings. In accordance with California Public Contract Code Section 22300, the Stadium Manager will permit the substitution of securities for any monies withheld by the Stadium Manager to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Stadium Manager, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Stadium Manager shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the Stadium Manager has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract.

Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Stadium Manager.

3. 7.6 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Stadium Manager, or its designee, at the time of payment. To the extent that title has not previously been vested in the Stadium Manager, or its designee, by reason of payments, full title shall pass to the Stadium Manager, or its designee, at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Stadium Manager or its designee, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.7 Labor and Material Releases. Contractor shall furnish Stadium Manager with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Stadium Manager.

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Contract Number: 10050-B

3.7.8 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Work is being performed as part of an applicable "public works" or "maintenance'' project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.9 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.10 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and oneha!f (11/2) times the basic rate for that worker.

3.7.11 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 1 0 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The

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Contract Number: 10050-B
responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.12 Contractor and Subcontractor Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.13 Labor Compliance: Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work: Jobsite Obligations.

3.8.1 Water Quality Management and Compliance, if Applicable.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code§§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit''). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or

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Contract Number: 10050-B
sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit.

Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage Stadium Manager, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during repair of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non.Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Indemnified Parties (defined below) for any alleged violations. In addition, Stadium Manager may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. Stadium Manager reserves the right to defend any enforcement action brought against the Stadium Manager for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Stadium Manager for the costs (including the Stadium Manager's attorney's fees) associated with, any settlement reached between the Stadium Manager and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Stadium Manager, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract. Upon request, Stadium Manager will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of

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Contract Number: 10050-8
work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.

Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Stadium Manager in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Stadium Manager, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold Indemnified Parties (defined below) free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing Stadium Manager permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Stadium Manager's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Stadium Manager of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class 11 or Class 111 disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Stadium Manager; and (3) unknown

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Contract Number: 10050wB
physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Stadium Manager shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Stadium Manager shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of Stadium Manager to provide for removal or relocation of such utility facilities. ·

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARS). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARS to include any item of equipment with a fuel-powered engine. Contractor shall indemnify the Indemnified Parties (defined below) against any fines or penalties imposed by CARS, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recydable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify Stadium Manager in writing and shall furnish all labor and material releases required by this Contract. Stadium Manager shall thereupon inspect the Work. If the Work is not acceptable to the Stadium Manager, the Stadium Manager shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Stadium Manager. Once the Work is acceptable to Stadium Manager, Stadium Manager shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Stadium Manager may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims: Government Code Claim Compliance.

3.10.1 Arbitrationjll disputes between Contractor and Stadium Manager relating in any way to this Agreement or Services performed under this Agreement (including, but not limited to, claims for breach of contract, tort, discrimination, harassment and any violation of federal or state law, regulation or constitution) ("Arbitrable Claims") shall be resolved by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the

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Contract Number: 10050-B
California Arbitration Act (Cal. Code Civ. Proc.§ 1280 et seq., including§ 1283.05 and all of the Act's other mandatory and permissive rights to discovery). In addition to any other requirements imposed by law, the arbitrator selected shall be a retired California Superior Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court All rules of pleading (including the right of demurrer), all rules of discovery, all rules of evidence, all rights to resolution of the dispute by means of motions for · summary judgment, judgment on the pleadings and all other dispositive motions, and judgment under Code of Civil Procedure § 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code§ 47(b). As reasonably required to allow full use and benefit of this agreement's modifications to the Act's procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings.

Awards shall include the arbitrator's written reasoned opinion. The Parties understand and agree to this binding arbitration provision, and both Contractor and Stadium Manager give up their right to trial by jury of any claim they may have against each other.

3. 11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Stadium Manager. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Stadium Manager may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Stadium Manager needs to provide Contractor with only one ( 1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Stadium Manager, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners, employees, agents and authorized volunteers, each tenant and event promoter of Levi's Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi's Stadium, and each of them (collectively, the "Indemnified Parties"), free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project, this Contract or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Indemnified Parties or the Indemnified Parties' agents, servants, or independent contractors

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Contract Number: 10050-B
who are directly responsible to the Indemnified Parties, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Any defense to be provided by Contractor pursuant to any indemnification provision of this Agreement shall be by counsel approved by Stadium Manager, which approval shall not be unreasonably withheld. To the extent any of the lndemnitees incurs costs or expenses to enforce this indemnification (including attorneys' fees and expenses), Contractor shall reimburse the lndemnitee for such costs and expenses.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Stadium Manager that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Stadium Manager that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Stadium Manager to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01); (2) Automobile Uability:

Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California.

Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Stadium Manager to add the following provisions to the insurance policies:

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Contract Number: 10050-8

3.13.3.1 General Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this · Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Stadium Manager; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers.

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Contract Number: 10050-B

3.13.3.5 Contractor's Equipment Insurance. Contractors Equipment Insurance applying to loss or damage on an "all risk" basis to any equipment, small tools, or other machinery whether owned, leased, rented, borrowed or otherwise in the care, custody and control of the Contractor for use in the performance of Work. The insurer shall agree to waive all rights of subrogation against the Stadium Manager, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy.

3.13.4 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Stadium Manager. Contractor shall guarantee that, at the option of the Stadium Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Stadium Manager, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Stadium Manager guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the Stadium Manager. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish Stadium Manager with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Stadium Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Stadium Manager. All certificates and endorsements must be received and approved by the Stadium Manager before work commences. The Stadium Manager reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Stadium Manager, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to al! of the requirements stated herein except as otherwise agreed to by the Stadium Manager in writing.

3.13.9 Reporting of Claims. Contractor shall report to the Stadium Manager, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit "C" attached hereto and incorporated herein by reference,

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Contract Number: 10050-B
Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager.

If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.3 Bond Provisions. Should, in Stadium Manager's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds.

No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Stadium Manager.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any nonconforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year ( or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or nonconformance of the Work to the Contract, commence and prosecute with due diligence al! Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work ( or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the

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Contract Number: 10050NB
Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or nonconforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 Stadium Manager's Representative. The Stadium Manager hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract ("Stadium Manager's Representative"). Stadium Manager's Representative shall have the power to act on behalf of the Stadium Manager for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Stadium Manager's Representative or his or her designee.

3.17.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Stadium Manager ("'Contractor's

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Contract Number: 10050-B
Representative"). Following approval by the Stadium Manager, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract and as described in the relevant Task Order. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Stadium Manager, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Stadium Manager, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the Stadium Manager's written approval.

3.17.3 Termination. This Contract may be terminated by Stadium Manager at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contractor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Stadium Manager, the matter shall be referred to Stadium Manager's Representative, whose decision shall be binding upon Contractor.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be directed to the regularly monitored electronic mail address, read receipt requested, of such party as follows:

CONTRACTOR:

Attn: Brent Paulson, Regional Manager
Bear Electrical Solutions, Inc.

[email protected]
STADIUM MANAGER:

General Manager
Forty Niners Stadium Management Company LLC
[email protected]

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Contract Number: 10050-8
With copy to:

Legal Affairs
Forty Niners Stadium Management Company LLC
[email protected]
Any such notice or communication shall be deemed to have been given on the day such notice or communication is sent electronically, provided the sender has received a confirmation of such electronic transmission. A Party may, for purposes of this Agreement, change its email address or the person to whom a notice or other communication is marked to the attention of, by giving notice of such change to the other Party pursuant to this Section 3.17.6.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Stadium Manager. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Stadium Manager may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.17.1 O Laws. Venue, and Attorneys' Fees. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

3.17 .11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working

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Contract Number: 10050-8
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of Stadium Manager, during the term of his or her service with Stadium Manager, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Stadium Manager's Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 Stadium Manager's Right to Employ Other Contractors. Stadium Manager reserves right to employ other contractors in connection with this Project or other projects.
[SIGNATURES ON NEXT PAGE]

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Contract Number: 10050-B

SIGNATURE PAGE FOR ON-CALL REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND BEAR ELECTRICAL SOLUTIONS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Contract as of the Fifth day of May, 2021.

FORTY NINERS STADIUM

MANAGEMENTCOMPANYLLC
By:
f / Mercurio
ecutive Vice President &
General Manager
ATTEST:

BEAR ELECTRICAL SOLUTIONS, INC.

By:

Its:

Printed Name : &d)B8eT 'lf olJt\[OQrv

Page 20 of 40 ends

Contract Number: 10050-B
EXHIBIT "A"

SCOPE OF WORK
A. SCOPE OF WORK
Troubleshoot, repair, remove and install electrical equipment and components, typically found in a large sports stadium, rated at less than 60KV. This work will be performed via issuance of a Task Order (defined elsewhere in this solicitation). The work assigned to Contractor will be designated with one of the following "priority levels" which will indicate the urgency of the work and the Contractor's response time:

Priority Level Type Response Time
1 - High Emergency - Hazardous, Respond within 1 hour and property damage, and/ or commence work as soon as
event required support possible.
2-Medium Systems Malfunction - Respond within 2 hours and Interruption of daily commence work with 24 hours.
operation
3-Low Minor Repair Respond within 24 hours and
commence work within 72
hours, or as determined
necessary by the Stadium
Manager.

The Contractor shall provide trained technicians with the appropriate tools and testing equipment for scheduled maintenance, safety inspection, and safety testing as required. The Contractor shall maintain all necessary licenses to perfonn the work specified herein. The Contractor will be responsible for supplying all necessary equipment (including aerial lifts), tools, consumables, material, labor, and supplies required to perform the work described herein.

Pursuant to this contract, the Contractor will be tasked, by the Stadium Manager, with performing troubleshooting, repairing, and performing maintenance of various electrical systems at the Stadium, including but not limited to the following:

1. Electrical power work, and communications cabling, including, but not limited, to the following:
a. Power connections for electric-powered equipment;

Page 21 ends

Contract Number: 10050-B
b. Circuit breaker replacement;
c. Disconnect replacement;
d. Fuse replacement;
e. Conduit repair and installation, including PVC coated rigid conduit and fittings, PVC, flexible conduit, etc.;
f. Wire and electrical cable repair and installation, including copper, aluminum, all insulation and wire types;
Transformer removal and replacement;
h. Sub-panel removal and replacement;

1. Electrical devices, including receptacles, switches, etc. Repair, removal or replacement;
J. Motor, starters, controllers, and variable frequency drives. Repair, removal or replacement;
k. Automatic transfer switches;

1. UPS systems and clean power systems, low/medium voltage distribution systems, electrical grounding systems. Trouble shoot and repair; replace batteries as necessary;
m. Troubleshoot and repairs to back-up power systems;
n. Install or repair electric vehicle charging equipment; o. Repairs to computer power floor cables and connections, under carpet raceways, connections to electrified furniture partitions, electrical devices and trim; p. Work in electric duct banks; and
q. Fiber optic cable repair, replacement, installation.

2. Lighting and physical security work, including, but not limited to, the following:
a. Indoor and outdoor lighting repairs and installations, including exterior pole mounted fixtures, and sports field lighting; b. Lamp removal and replacement, including HID, fluorescent, incandescent, etc.; c. Ballast removal and replacement, including HID, fluorescent, etc.; d. New lighting fixture installation, all types;
e. Lighting control work. Contractors must have experience with a variety of lighting control systems, including Lutron and Crestron control systems;
f. Provision of temporary lighting, as necessary; and
g. Conduit and related work for parking lighting, rolling gates, and other related electrical equipment.

3. Testing & Maintenance:
a. Arc Flash assessment;
b. Infrared inspection;
c. Coordination study;
d. Switch gear testing;
e. Emergency generator testing;
f Power monitoring;
g. Motor control center cleaning; and
h. Ground fault testing.

Page 22 of 40 ends

City Council and Authorities ConcurrentMay 10, 2022

City Council and Authorities Concurrent
May 10, 2022