City Council and Authorities Concurrent
June 21, 2022

Amendment No. 1 to Grant No. 2018.245
-82:1547Ā.7;36893Ā0-)Ā+-+.(,% Ȁ$*!/Ȁ$/$'Ȁ+&-&Ȁ"-!+(#.(#&+% Grant Payments
Grant payments will be made in installments in accordance to Section 8, Payment. Total payments under this Agreement shall not exceed $300,000.

Reporting and Grant Payment Schedule for Grant Funds
Payments of grant funds shall be contingent upon DISTRICT's approval of GRANTEE's progress reports and final report. DISTRICT approval will take into consideration adequate progress in implementing program tasks to meet the milestones set forth below. DISTRICT shall pay GRANTEE its grant payments upon receipt and approval of GRANTEE's progress reports and final report demonstrating that the applicable project milestones have been met as provided in Section 8 of this Agreement. 1 Task 1.1- initiated and 10/31/19 Progress report (PR) #1 $37,500 completed (11/15/19)
2 Task 1.2 - initiated 1/31/20 PR #2 (2/15/20) $37,500
3 Task 1.2 - completed 3/31/21 PR #3 (4/15/21) $37,500
Task 2.1- initiated
4 Task 2.1- on-going 6/30/21 PR #4 (7/15/21) $37,500
5 Task 2.1- on-going 9/30/21 PR #5 (10/15/21) $37,500
6 Task 2.1- completed 12/31/21 PR #6 (1/15/22) $37,500
Task 2.2 - initiated
Task 3.1- initiated
7 Task 2.2 - completed 2/28/22 PR #7 (3/15/22) $37,500
Task 3.1- on-going
8 (Final) Task 3.1- completed 3/31/22 Final Report (4/15/22) $37,500

Amendment No. 1 to Grant No. 2018.245
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-554 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Action on the Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals for FY2022/23 and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara works collaboratively with the County of Santa Clara to provide a Senior Nutrition Congregate Meals Program (Program) at the Santa Clara Senior Center. The Program targets seniors aged 60 and over, serving a basic need of lower income households and special needs populations. The Program goals are to reduce hunger and food insecurity, increase socialization, and promote the health and well-being of older adults. The Program is a gateway to other supportive community programs and services at the Senior Center. The term of the original contract began on July 1, 2019 and has been amended twice, now effective through June 30, 2022.

DISCUSSION
On May 3, 2022, the County authorized the County Executive to issue the City the third amendment to the agreement for provision of the Senior Nutrition Congregate Meals Program at the Senior Center for FY2022/23 to be effective through June 30, 2023. The amendment to the agreement includes changes incorporated as follows: (a) Exhibit A-3 Program Provisions which describes basic terms and the County financial obligations not to exceed $129,632 in FY2019-2020, $110,774 in FY2020-2021, $121,324 in FY2021-2022, and $124,918 in FY2022/23 for a total not to exceed $486,647; (b) Exhibit B-3 Program Plan & Requirements which describe the Program, eligibility, meals, site conditions, etc.; (c) Exhibit C-4: Budget Plan; (d) Exhibit D-3: “Logic Model” which defines the Program goals, activities and measures; and, (e) Article IV, Statutes, Regulations, and Polices, #16 COVID-19 Requirements.

Similar to previous years, the City has allocated funds for Program expenditures. The County will reimburse the City for serving an average of 69 meals per day for 248 service days, or a total of 17,112 meals at a rate of $7.80 per meal or a total of $124,918 for allowable Program expenditures.

This amounts to about 61.7% of the Program total, with the City providing a match of 24.8% in the form of volunteer hours, 14% in the form of funds from the Community Development Block Grant (CDBG) program, the General Fund, and participant contributions/donations. See fiscal impact section below for additional detail.

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 City of Santa Clara Printed on 6/17/2022Page 1 of 3
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22-554 Agenda Date: 6/21/2022
governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The City’s Senior Nutrition Program revenues and appropriations have been included in the Fiscal Years 2021/22 and 2022/23 Operating Budget in the Parks and Recreation Operating Grant Trust Fund. The City pays approximately $24,000 from Community Development Block Grant funds and $3,445 from the General Fund. The County funds the remaining cost of the program on a reimbursement basis. To account for the increased funding from the County, the requested budget amendment increases the FY 2022/23 Other Agencies revenue estimate and the Senior Nutrition Program appropriation by $3,594.

Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
Parks and Recreation Operating Grant Trust Fund
Revenues
Other Agencies Revenue $121,324 $3,594 $124,918
Expenditures
Senior Nutrition Program $124,769 $3,594 $128,363

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .

RECOMMENDATION

1. Approve and authorize the City Manager to execute the Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara - Congregate Meals at the Santa Clara Senior Center in an amount not to exceed $124,917.60 for FY 2022/23; and

2. Authorize the Office of the City Manager to negotiate and execute minor amendments to the Agreement, subject to Council appropriation of funds; and

3. Approve the related FY 2022/23 budget amendment in the Parks and Recreation Operating Grant Trust Fund to increase the Other Agencies Revenue estimate and the Senior Nutrition Program by $3,594 (
five affirmative Council votes required to appropriate additional revenue) .

Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Rajeev Batra, City Manager
City of Santa Clara Printed on 6/17/2022Page 2 of 3
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22-554 Agenda Date: 6/21/2022

ATTACHMENTS

1. Third Amendment to Contract - County of Santa Clara - Congregate Meals City of Santa Clara Printed on 6/17/2022Page 3 of 3
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Third Amendment to the Contract between the County of Santa Clara and City of Santa Clara

THIRD AMENDMENT TO THE CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND CITY OF SANTA CLARA – CONGREGATE MEALS

This is the Third Amendment to the Contract between the County of Santa Clara (COUNTY) and City of Santa Clara (CONTRACTOR) entered into on July 1, 201 9, for the provision of Congregate Meal Services. The original contract was approved by the Board on June 19, 2018.

This Contract is amended as follows:

Effective July 1, 2022, the parties agree to comply with the provisions contained in the following exhibits and article, which are either attached hereto or stated below, and incorporated herein by this reference and made a part of the Contract.

1. Add Exhibit A-3: Program Provisions, which is attached hereto and incorporated by this reference.

2. Add Exhibit B-3: Program Plan & Requirements, which is attached hereto and incorporated by this reference.

3. Add Exhibit C-4: Budget Plan, which is attached hereto and incorporated by this reference.

4. Add Exhibit D-3: Logic Model, which is attached hereto and incorporated by this reference.

5. Add Article IV, Statutes, Regulations, and Polices, #16. COVID -19 REQUIREMENTS

16. COVID -19 REQUIREMENTS
CONTRACTOR shall comply with all COUNTY requirements relating to COVID- 19 for persons who routinely perform services for the COUNTY onsite and share airspace with or proximity to other people at a COUNTY facility as part of their services for the COUNTY (“County’s COVID -19 Requirements”), including but not limited to vaccination, as applicable and periodically updated, and available at
https://procurement.sccgov.org/doing-business-county/contractor-vaccinations and incorporated herein by this reference.

If CONTRACTOR is providing in -person services to community members (“Direct Client Services”) under this Agreement, all references in the COUNTY’s COVID-19 Requirements and below referenced Certification to “onsite” and “County facility” shall be deemed to also refer to any indoor location where Direct Client Services are provided, including when services are provided at non- County facilities. Accordingly, such CONTRACTOR’s shall comply with the COUNTY’s COVID-19 Requirements when providing Direct Client Services indoor at any location. Any reporting pursuant to the Certification of CONTRACTOR’s personnel who are not fully vaccinated and up-to-date on boosters for which they are eligible and who are providing Direct Client Services at non -County facilities shall be to the COVID-19 Designee for the COUNTY department that manages this Agreement.

DRAFT

Third Amendment to the Contract between the County of Santa Clara and City of Santa Clara

If applicable, CONTRACTOR shall complete the Contractor Certification of Compliance with COVID -19 Vaccine Requirements (“Certification”), attached hereto as Exhibit E .

CONTRACTOR shall comply with the requirements of this Section for the entire term of this Agreement.

CONTRACTOR shall comply with all reasonable requests by COUNTY for documentation demonstrating CONTRACTOR’s compliance with this Section. Failure by CONTRACTOR to comply with any of the requirements of this Section (including but not limited to vaccination and masking requirements and completion and submittal of the Certification) is a material breach of this Agreement, and the COUNTY may, in its sole discretion terminate this Agreement immediately or take other action as the COUNTY may determine to be appropriate.

All other terms and conditions of the Contract remain in full force and effect. In the event of a conflict between the original Contract and this Amendment, this Amendment controls.

IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereby agree to the terms of this Amendment to the Contract.

COUNTY OF SANTA CLARA CONTRACTOR

Miguel Márquez, Chief Operating Officer Office of City Manager Date: __________ Date: __________

ATTEST

__________________________ ___________________________ John P. Mills, Deputy County Executive Assistant City Clerk Date: Date: __________

APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM

Deputy County Counsel Office of the City Attorney
Date: __________ Date: __________
DRAFT

Exhibit A-3 Program Provisions

_________________________________________________________________________________________________

Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara

CONTRACTOR: City of Santa Clara

PROGRAM/PROJECT NAME: Senior Nutrition Program – Congregate Meals

This is a contract between the County of Santa Clara (COUNTY) and the (CONTRACTOR) for the purpose of providing meals for persons 60 years of age and older, which is funded, authorized by, and to be performed in accordance with the Older Americans Act of 1 965, as amended, P.L. 89- 73, U.S.C. Section 3000 et seq., and all amendments, rules, and regulations pertaining thereto.

1. CONDITIONAL AMENDMENTS
The County Executive, or designee, received delegation of authority from the Board of Supervisors on May 3, 2022, to negotiate, execute, amend, and terminate the scope of services, the term, new or revised contracting requirements, maximum financial obligation and budget of this Contract through June 30, 2023 based upon the following conditions:

a. COUNTY has appropriated sufficient funds for the modification of this Contract, b. CONTRACTOR is meeting the performance requirements for this contract, c. County Counsel has reviewed and approved the amendment as to form and legality, and
d. County Executive has approved the amendment.

2. TERM OF CONTRACT
The term begins on July 1, 2019, and expires on June 30, 2023, unless terminated earlier or otherwise amended.

3. MAXIMUM FINANCI AL OBLIGATION
COUNTY will reimburse CONTRACTOR actual allowable expenditures subject to the provisions of this Contract, for a total not to exceed $ 129,631.65 in FY2019-2020, $110,774.16 in FY2020-2021, $121,324.08 in FY2021-2022, and $124,917.60 in FY2022- 2023 for a total not to exceed $486,647.49.

4. BUDGET CONTINGENCY
This Contract is contingent upon the appropriation of sufficient funding by the County for the services covered by this Contract. Notwithstanding the termination provisions set forth herein, if funding is reduced or depleted by the County for services covered by this Contract, the County has the option to either terminate this Contract without notice (except that necessary to transition clients in the discretion of the County) and with no liability occurring to the County, or to offer an amendment to this Contract indicating the reduced amount.

5. COMPENSATION TO CONTRACTOR
a. FEE FOR SERVICE CONTRACT
i. CONTRACTOR will be paid by COUNTY in accordance with Exhibit A-3 Program Provisions, Exhibit B-3: Program Plan & Requirements, Exhibit C-4: Budget, and Exhibit D-3 : Logic Model, for the performance of services as outlined in this Contract up to the maximum compensation. These costs will also be in DRAFT

Exhibit A-3 Program Provisions

_________________________________________________________________________________________________

Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara

accordance with current cost principles and with all other requirements of this contract:

1. For Non-Profit Agencies, OMB Circular A-122.

2. For Local Governments, OMB Circular A-87.

3. For Public and Nonprofit Institutions of Higher Education, OMB Circular A- 121.

4. For Profit Making Organization, 41 CFR Part 1.

i. If CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified in this Contract, the same will be deemed to be a gratuitous effort on the part of the C ONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY.

ii. CONTRACTOR must participate in a quarterly reconciliation process. During the reconciliation process all funds awarded to CONTRACTOR must be reconciled to the costs incurred and to the remaining cash, if any. Quarterly reconciliations must be submitted with the corresponding monthly invoice. During each reconciliation, all funds paid to CONTRACTOR under its fee for service claims must be reconciled to the actual costs incurred by the contractor and the remaining cash, if any. This provision survives the termination of this Contract.

iii. CONTRACTOR must participate in a closeout period at the end of the COUNTY funding period. During the closeout period all funds awarded to CONTRACTO R must be reconciled to the costs incurred and to the remaining cash, if any. A closeout packet will be provided to CONTRACTOR by COUNTY at the end of the funding period and is due within forty -five (45) days thereafter. If actual cost of providing services base on Unit Cost per meal is less than the amount reimbursed by COUNTY, CONTRACTOR’S final reimbursement will be reduced by the overpayment received from COUNTY. This provision survives the termination of this Contract.

b. COMPENSATION
CONTRACTOR must submit to COUNTY an invoice in a form approved by COUNTY, by the tenth (10th) calendar day of each month for the month just preceding in which services were performed. The CONTRACTOR will get paid on a monthly basis upon receiving an accurate account and invoice for services rendered, as well as payment for participant and guest contributions as outlined in Exhibit B -3: Program Plan & Requirements.

(i) Prior to submittal, invoices must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms of the Contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's legal rights or objections.

DRAFT

Exhibit A-3 Program Provisions

_________________________________________________________________________________________________

Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara

(ii) In order to ensure continuation of service, CONTRACTOR will not be paid for meals in excess of the number of year-to-date meals listed in the Service Delivery Plan in Exhibit C-4 : Budget. Meals that are provided but not reimbursed in a particular month may be reimbursed if claimed on later invoice so long as CONTRACTOR has offered the agreed upon services continuously.

(iii) If the invoice is in proper form and the items billed are payable under this Contract, COUNTY will make payment to CONTRACTOR.

(iv) COUNTY will not be required to make payment if the amount claimed is not in accordance with the provisions of this Contract. All payments under this Contract will be made directly to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this Contract to any other parties, including individual employees or creditors of CONTRACTOR.

(v) COUNTY is not obligated to reimburse CONTRACTOR for any expenditure not reported to COUNTY within sixty (60) calendar days after the end of the last month of the Contract term.

6. PARTICIPANT CONTRIBUTIONS
a. CONTRACTOR will submit participant contributions on a monthly basis with the monthly expense claims.

b. CONTRACTOR will deposit all participant contributions in a bank account maintained for the Senior Nutrition Program (SNP). All deposits, withdrawals, and balances for the Senior Nutrition Program must be separately identified. COUNTY has the right to review all financial records and bank accounts for audit purposes. Participants’ contributions will be collected, counted, and recorded daily by CONTRACTOR. Two persons designated by CONTRACTOR will co -verify the collection and count of participant contributions daily by their signature and date on a participant contribution accounting record. Participant contributions are to be deposited daily when possible, but no less frequently than on a weekly basis. Participant contributions are to be kept in a secure locked location and at night locking in a safe, pending deposit into the Senior Nutrition Program bank account.

7. ADVANCE P AYMENTS
a. COUNTY, at its discretion may make advance payments under this contract to CONTRACTOR up to a maximum of 25% of the total contract amount and under conditions as the COUNTY may specify. Such advance payments will in no way increase the total maximum financial obligation specified under this contract.

b. CONTRACTOR must meet fidelity bond requirements as specified in Article V F. of this contract prior to receiving advance payment.

c. All advance payments require full repayment prior to the expiration of the contract.

COUNTY will specify repayment method of the advance payment amount by DRAFT

Exhibit A-3 Program Provisions

_________________________________________________________________________________________________

Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara

deducting an agreed upon monthly amount from the outstanding balance of the contract until the repayment obligation is fulfilled, or; deducting the advance payment amount in a lump sum from the remaining contract balance.

8. ADJUSTM ENT TO EXHIBIT B-3: PROGRAM PLAN & REQUIREMENTS A written adjustment to the Scope of Service/Staffing Plan may be approved by the COUNTY Representative, or designee, identified in this Exhibit, without a contract amendment as long as the adjustment reflects approved original program provisions and both parties are notified at least 10 days before the adjusted Scope of Service/Staffing Plan begins.

9. ADJUSTM ENT TO EXHIBIT C-4: BUDGET
A budget adjustment can be made without a contract amendment if Contractor submits a written budget adjustment request to the COUNTY Contract Representative, or designee, and the request is approved by the COUNTY in writing. A budget adjustment must not increase the maximum financial obligation of this Contract.

CONTRACTOR may request a budget revision by submitting the COUNTY’s Budget Revision Request form to the COUNTY’s designated contract/program monitor. The Budget Revision Request must include a statement explaining the impact that the budget revision, if approved, would have on the program/service delivery. Upon approval of the CONTRACTOR’s Budget Revision Request, COUNTY will forward an approved copy of the Budget Revision Request form to the CONTRACTOR.

10. ADJUSTM
ENT TO EXHIBIT D-3: LOGIC MODEL
A written adjustment to the Logic Model may be approved by the COUNTY Representative, or designee, identified in this Exhibit, without a contract amendment as long as the adjustment reflects approved original program provisions and both parties are notified at least 10 days before the adjusted Logic Model begins.

11. SERVICE PROVIDED
a. CONTRACTOR must inform COUNTY of services and activities performed under this Contract and accept appropriately referred clients from the COUNTY for contract services as part of CONTRACTOR’s client base.

b. CONTRACTOR must coordinate services with other organizations providing similar services in order to foster community cooperation and avoid unnecessary duplication of services.

c. CONTRACTOR must assist in the coordination of and verification of eligibility f or mobility management services for participants who use CONTRACTOR’S site as a home meal site.

12. CONTRACT REPRESENTATIVES
a. CONTRACTOR designates Rajeev Batra, City Manager as CONTRACTOR’s representative for the purpose of performing the services as required by this Contract.

DRAFT

Exhibit A-3 Program Provisions

_________________________________________________________________________________________________

Third Amendment to the Contract Between the County of Santa Clara and City of Santa Clara

Unless otherwise indicated in writing, the above named person has the primary authority and responsibility to carry out this Contract.

b. C OUNTY designates the Director of Social Services Agency, or designee, as it s representative for the purpose of managing the services performed pursuant to this Contract.

13. NOTICES
All notices prescribed by this Contract will be in writing and deemed effective if sent by certified mail or registered mail and properly deposited with the United States Postal Service, postage prepaid with return receipt requested and addressed as follows:

a. To COUNTY: Social Services Agency
Office of Contracts Management
333 West Julian Street
San Jose, California 95110-2335

b. To CONTRACTOR: City of Santa Clara
Rajeev Batra, City Manager
1500 Warburton Avenue
Santa Clara, CA 95050

14. COUNTY’S CONTRACT TRANSITION PROCESS
CONTRACTOR agrees to provide all information deemed necessary by the County for use in subsequent procurement cycles.

DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara
Agency: City of Santa Clara (CONTRACTOR)
Program Name: Senior Nutrition Program – Congregate Meals (PROGRAM)

1. SERVICE D ESCRIPTION & EXPECTED OUTCOME
CONTRACTOR will work with the Social Services Agency – Senior Nutrition Program (COUNTY) and other community partners to ensure that the seniors receive nutritious and healthy meals at CONTRACTOR’s nutrition site(s). The PROGRAM provides seniors and older adults of Santa Clara County access to healthy, nutritious meals and the opportunity to socialize, take classes, and access other services. CONTRACTOR will perform services in compliance with the Senior Nutrition Program, Congregate Policy & Procedures Manual, and any updates thereto.

2. PERMITS A

ND LICENSES
CONTRACTOR will obtain all permits and licenses necessary to the performance of this contract will assure that its subcontractors obtain the same. The CONTRACTOR will pay all normal fees for permits, licenses, inspections or any other certification or service required in the performance of this contract.

3. ELIGIBLE INDIVIDUALS
Persons who are eligible for meals and services under this contract are those persons who are 60 years of age or older or who are spouses of persons who are 60 years of age or older. Meals may be made available to handicapped or disabled individuals who have not attained 60 years of age but who reside in housing facilities occupied primarily by the elderly at which congregate nutrition services are provided, or individuals with disabilities who reside at home with and accompany older individuals who are eligible for services. Priority will be given to those older persons in greatest social and economic need with particular attention to seniors who are age 75 or older, low-income, living alone, and/or minorities as defined by the Older Americans Act of 1965.

4. MEALS
a. Meals served by CONTRACTOR must provide at least one-third (1/3rd) of the current recommended dietary allowance specified by the Food and Nutrition Board of the National Academy of Sciences – National Research Council.

b. Menus will be planned by CONTRACTOR in cycles, the minimum period being five (5) weeks. Such menus must be planned in accordance with COUNTY requirements. Such menus will be submitted to COUNTY three (3) weeks prior to initial use. Menus will be posted in a conspicuous location at the meal site at least one (1) week in advance of use.

c. Table settings will be of reasonable quality. If disposable dinnerware is used, it will be of sturdy quality.

5. CONGREGATE MEAL SITES
a. CONTRACTOR will provide congregate meals at the meal site(s), days, and times indicated in Exhibit C-4: Budget. Notwithstanding, CONTRACTOR may make minor changes to the service days and times listed in Exhibit C-4 with prior written approval of COUNTY.

DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara
b. CONTRACTOR may not relocate the meal site or add a meal site without prior notification, inspection, and approval by COUNTY. Relocation or addition of a meal site without the prior approval of the COUNTY may be considered a breach of the provisions of this contract. COUNTY may suspend or withhold payments, or terminate the contract if the relocation affects any of the provisions of the contract including, but not limited to the following:

i. The relocation or addition reduces or terminates the provision of services to seniors in the geographic area served by this contract. ii. The relocation or addition changes the service area served by this contract. iii. The relocation or addition does not serve or give priority to older persons in the greatest social or economic need as defined by the Older Americans Act of 1965 as amended.

c. The site must have adequate lighting and ventilation and must meet all applicable health, fire, safety and sanitation regulations. CONTRACTOR must obtain current certificates from appropriate public officials indicating the site is in compliance with health and fire regulations.

d. CONTRACTOR ensures that a pleasant dining atmosphere is maintained and that there is adequate space for the equipment of participants, such as canes, crutches and wheelchairs.

e. There will be no architectural barriers which would prevent an eligible individual from having access to the meal site facility.

f. Innovative services may added to the PROGRAM during the term of this contract, or upon an extension of this contract, upon written approval of the COUNTY.

g. If a site is designated as a catered site in Exhibit C -4: Budget, upon written approval from COUNTY and upon obtaining all required governmental approvals, CONTRACTOR may switch to being a cook on site location. In the event of this switch, CONTRACTOR’s per -meal rate will be changed to the standard cook on site per-meal rate if different than the catered meal rate.

6. NUMBER OF MEA

LS, SERVING DAYS, AND HOLIDAYS
a. CONTRACTOR will provide the number of hot meals as specified in Exhibit C- 4: Budget. If demand by eligible individuals in the first six (6) months of this Contract does not result in CONTRACTOR providing the average number of meals per day specified in Exhibit C-4: Budget, COUNTY may terminate this Contract. Prior to termination, COUNTY and CONTRACTOR may attempt to renegotiate this Contract to allow CONTRACTOR to reduce the average number of meals to be provided per day. If CONTRACTOR provides additional meals and such additional meals will cause CONTRACTOR to exceed the Maximum Financial Obligation of this Contract, such additional costs will be the sole expense of CONTRACTOR, unless the parties agree and execute a Contract Amendment.

DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara
b. CONTRACTOR will be paid for the number of meals served at a meal site, not the number of meals prepared. COUNTY will not reimburse meals served that do not meet the dietary requirements in Section 4(a).

c. CONTRACTOR must open its Nutrition Site(s) for the number of service days specified in Exhibit C-4: Budget. CONTRACTOR must open its Nutrition Site(s) at minimum the number of serving days indicated each week except for holidays. Should CONTRACTOR close its Nutrition Site(s) due to unforeseen circumstances, CONTRACTOR will notify COUNTY immediately and work collaboratively to reschedule the day(s) that the Nutrition Site(s) was closed.

Should CONTRACTOR close their Nutrition Site(s) due to foreseen circumstances and not be able to reschedule the day(s) of services, CONTRACTOR will not be reimbursed for the number of meals allocated to the serving day(s) that the Nutrition Site(s) was closed.

7. ADVISORY

COUNCIL
CONTRACTOR will ensure that an election is held to elect a participant to represent the nutrition site on the countywide program Advisory Council. It will be the responsibility of the program Advisory Council to advise the COUNTY on policy matters relating to the delivery of the congregate nutrition services throughout the COUNTY program area.

8. SUPPORTIVE SERVICES
a. CONTRACTOR will provide supportive services, to the extent that such services are needed and are not already available from third parties and accessible to individuals participating in the Congregate Meals Program.

Supportive services may include:

i. Transportation of eligible individuals to and from congregate meal sites so that nutrition and other services will be accessible to those eligible individuals living within the program area who, because of lack of mobility or physical or mental handicap, would otherwise be unable to participate in the program;

ii. Information and referral services designed to provide eligible individuals with current information of, and referral to, all appropriate services to meet their needs;

iii. Health and welfare counseling services designed to assist eligible individuals in dealing with the problems and stresses that interfere with normal health and social functioning. CONTRACTOR may provide such services through person-to-person assistance from trained counselors or referrals to other resources;

iv. Nutrition education through a formal program of regularly scheduled meetings to make available pertinent facts related to nutritional need;

v. Recreation activities designed to foster the health and social well-being of program participants through social interaction and satisfying use of free time;
DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara
vi. Outreach activities to assure maximum participation of hard to reach and other eligible individuals.

b. CONTRACTOR will report the supportive services provided at its meal site(s) to the COUNTY in the format requested by the COUNTY and whether the service is provided by CONTRACTOR or another entity at least annually, or more often, as requested by the COUNTY. COUNTY may request this information from CONTRACTOR up to once per quarter.

9. FOOD INVENTORY
CONTRACTOR will develop a written plan for conducting food inventories. The plan will include the procedures for conducting food inventories, identify persons responsible for conducting the inventory, and set the schedule for completing the inventories. The plan will also include a description of the "First -in-First Out" food rotation system that will be used to ensure stored goods are rotated to prevent deterioration. CONTRACTOR will provide COUNTY with a copy of its food inventory plan and completed food inventories, upon request.

10. PEST CONT
ROL
CONTRACTOR is required to follow the pest control requirements in the current Senior Nutrition Program, Congregate Policy & Procedures Manual. In addition, if a pest issue is identified. COUNTY reserves the right to require CONTRACTOR to take corrective action to remedy the issue or require any other action from CONTRACTOR necessary to protect the health and welfare of participants.

11. DATA COLLE

CTION AND PRIVACY
a. At intervals prescribed by the COUNTY and, on forms provided by COUNTY, CONTRACTOR will collect program data and information relating to nutrition risk assessments, registered site participants, meals, use of services and program contributions. CONTRACTOR will also be required to collect program data through the use of electronic collection methods. Such methods may include the use of computers, scanners, or other means. CONTRACTOR must comply with collection requirements as directed by COUNTY. Unless otherwise specified, COUNTY will provide CONTRACTOR with the equipment needed to collect data by electronic means. COUNTY will be considered legal owner of all equipment provided to CONTRACTOR for this purpose. Such equipment is considered Non- Expendable property as described in Section 16 of this Exhibit.

b. CONTRACTOR must submit a completed and signed Santa Clara Senior Nutrition Program – Monthly Report for the prior month by the fourth (4 th) working
day of the current month to their assigned registered dietitian.

c. No later than the second time an eligible participant attends a congregate meal site operated by CONTRACTOR, CONTRACTOR must have the participant complete a registration form with participant’s information. Registration forms must be submitted to the designated COUNTY staff person at least monthly for registrants from the prior month along with the Monthly Report. CONTRACTOR must submit any new monthly registrations prior to the fifth (5 th) working day of
every month.

DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara
d. CONTRACTOR must submit their electronic participant demographic scanner data and related documents for the prior month by the fifth (5 th) working day of every month to the Senior Nutrition Program.

e. Quarterly Report. Quarterly Reports with output and outcome data must be turned in with September, December, March, and July invoices. Quarterly Reports must be prepared on the form provided by the COUNTY. Submission of the Quarterly Report is required before the corresponding monthly invoice can be paid.

f. Within 30 days of executing this agreement, and annually thereafter if the term of this agreement is extended, all employees, volunteers, subcontractors, or agents of CONTRACTOR who handle confidential client information, including but not limited to registration forms, must complete the information security and privacy presentation online training provided by the California Department of Aging (currently available at:
https://www.aging.ca.gov/ProgramsProviders/Information_Security_and_Privac y/Presentation/index.html). Upon completion, evidence must be submitted to COUNTY to provide to Sourcewise.

12. PARTICIPANT CONTRIBUTION PRINCIPLES
a. CONTRACTOR will provide meals to eligible individuals regardless of their ability to pay for all or part of their meals. Recipients are requested to make a financial contribution to offset the cost of the meals. Suggested contribution for congregate meals is $3.00 per meal. If CONTRACTOR also provides home delivered meals, the suggested contribution is $3.00 per day. Contributions are confidential. CONTRACTOR will not disclose records of the amount of contribution received or the name of contributor to third parties without written permission of the contributor. COUNTY has the right to review CONTRACTOR'S contribution records for audit purposes. Payment of the suggested contribution is not a condition for the receipt of meals.

b. CONTRACTOR will submit part icipant contributions on a monthly basis to be included with the monthly reimbursement claims. One hundred percent of these contributions must be submitted to COUNTY.

13. VOLUNTEER, GUEST, AND STAFF MEALS
a. Volunteer Meals: A volunteer under the age of 60 who provides services during meal hours may be offered a meal, if doing so will not deprive an older individual of a meal. Volunteers under age 60 who receive a full meal that meets the requirements in Section 4 must pay a $3.00 fee and the fee must be included with the participant contributions and returned to the COUNTY. CONTRACTOR must record the number of volunteer meals served. CONTRACTOR will be reimbursed for volunteer meals provided.

c. Guest Meals: A guest under the age of 60 may be offered a meal during meal hours if doing so will not deprive an older individual of a meal or add to the cost of meals prepared. A guest must pay a fee of at least $8.00 or up to the actual cost of the meal served, as specified in Exhibit C-4: Budget. CONTRACTOR must record the number of guest meals served and keep guest fees separate DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara
from participant contributions. CONTRACTOR may keep guest fees received.

The cost of providing guest meals may not be included in the quarterly reconciliation.

d. Staff Meals: Nutrition services staff under the age of 60 may receive a meal if doing so will not deprive an older individual of a meal or add to the cost of meals prepared. CONTRACTOR must record the number of nutrition services staff meals served. The cost of providing staff meals may not be included in the quarterly reconciliation.

14. MANDATORY ATTENDANCE
CONTRACTOR must have a representative attend every required training and meeting offered by the COUNTY that is specific to the Senior Nutrition, Congregate Meals Program.

15. PURCHASES
COUNTY may require CONTRACTOR, by written notice, to obtain approval of COUNTY for all purchases of food and materials. Approval will not be withheld by COUNTY except for good cause.

16. NON-EXPENDABLE PROPERTY
Any acquisition by CONTRACTOR of non-expendable property with a retail purchase price in excess of five- hundred dollars ($500.00), that is required by CONTRACTOR for performance of this Contract, must require prior written approval of COUNTY.

COUNTY will be the legal owner of all equipment that is purchased with COUNTY funds. COUNTY may take possession of its equipment if it is not being used primarily for program purposes and will determine disposition of that equipment upon expiration or termination of this contract.

17. COMPETITIVE BID REQUIREMENTS
a. All equipment purchases by the CONTRACTOR exceeding five-hundred dollars ($500.00) must be procured through a competitive process in compliance with Sourcewise’s bidding procedures unless services or materials can be obtained only from a single source. Any procurement exceeding ten-thousand dollars ($10,000.00) must also comply with the requirements of Office of Management and Budget Circular Uniform Guidance.

b. Unless CONTRACTOR uses the COUNTY’s designated vendor, prior to making any equipment purchase that has a value of five-hundred dollars ($500) or more, CONTRACTOR will submit to COUNTY evidence that it has received a minimum of three (3) bids for such subcontract and justification for selection of the successful bidder or submit documentation to support the use of the sole supplier. Record shall be maintained by CONTRACTOR showing the parties solicited and the bids submitted.

18. OVERTIME WORK
Overtime work expenditures that are incurred by the CONTRACTOR will not be paid by reducing services or meals under this contract.

DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara

19. RESTRICTION OF DISCLOSURES
Any reports, analysis, studies, drawings, information or data generated as a result of this contract are to be provided to COUNTY prior to public dissemination.

20. CARE ACCESS ERROR RATE REQUIREMENT
Federal regulations pursuant to Title III of the Older Americans Act of 1965 (OAA) establish procedures for allocating money to states for various senior services. States have established allocation mechanisms to award monies to their Area Agencies on Aging (AAA). These AAAs in turn, award monies via contracts or grants to carry out the mission of the OAA.

Sourcewise, the County of Santa Clara’s designated AAA, allocates money for the provision of the Congregate Meals Program by reimbursing the County based on the number of meals served to seniors each month. This data is tracked through Sourcewise’s Care Access Database. When there is a discrepancy between the paper total (signatures of SNP participants) and scanner total (scanned barcodes of SNP participants), an error rate arises. Currently, if the total combined error rate of all Senior Nutrition Meal Sites exceeds five percent (5%), the County will not be reimbursed by Sourcewise. Therefore, CONTRACTOR’s data that is imported into Sourcewise’s Care Access Database must not exceed an error rate of 5%.

If CONTRACTOR’s imported data exceeds an error rate of 5%, COUNTY will withhold a percentage of CONTRACTOR’s invoice equivalent to the percentage of the error rate exceeding the 5% threshold. For example, if CONTRACTOR has an error rate of 23%, COUNTY will withhold 18% (23% - 5%) of CONTRACTOR’s invoice for that month.

Should Sourcewise decide to reimburse the County regardless of the combined error rate of all Senior Nutrition Meal Sites, then the County will not withhold any percentage of CONTRACTOR’s invoice regardless of CONTRACTOR’s error rate for that month.

21. GRIEVANCE POLICY
a. CONTRACTOR must establish a written grievance process for reviewing and attempting to resolve complaints of older individuals receiving services funded by this Contract which complies with Sourcewise’s requirements and the Older Americans Act, Section 315(b)(4). At a minimum, the process shall include all of the following:
i. Time frames within which a complaint will be acted upon.

ii. Written notification to the complainant of the results of the review, including a statement that the complainant may appeal to Sourcewise if dissatisfied with the results of CONTRACTOR’s review.

iii. Confidentiality provisions to protect the complainant’s rights to privacy. Only information relevant to the complaint may be released to the responding party without the older individual’s consent.

b. CONTRACTOR shall notify older individuals of the grievance process available to them by:

DRAFT
Exhibit B-3: Program Plan & Requirements

Third Amendment to the Contract between the County of Santa Clara Agency and City of Santa Clara
i. Posting notification of the process in visible and accessible areas, such as the bulletin boards in multipurpose senior centers or areas in which there are a substantial number of older adults. For individuals are non-English speaking, the notification shall also be posted in the primary language of a significant number of older individuals.

ii. Advising homebound older individuals of the process either orally or in writing upon CONTRACTOR’s contact with the individuals.

c. Complaints may involve, but not be limited to, any or all of the following:

i. Amount or duration of a service.

ii. Denial or discontinuance of a service.

iii. Dissatisfaction with the service being provided or with the service provider.

If the complaint involves an issue of professional conduct that is under the jurisdiction of another entity, such as the California Medical Board or the State Bar Association, the complainant shall be referred to the proper entity.

iv. Failure of the service provider to comply with any of the requirements set forth in California Department of Aging regulations or in your contract with Sourcewise.

d. Nothing in this Grievance policy shall be construed as prohibiting older individuals from seeking other available remedies, such as presenting their complaints at an open meeting of CONTRACTOR’s governing board.

e. Notify Sourcewise in writing within ten working days after statement has been issues to complainant detailing the complaint, resolution and a copy of the statement sent to complainant. The address for mailing is 3100 De La Cruz Blvd., Suite 310, Santa Clara, CA, 95054.

22. FISCAL YEAR CLOSEOUT SUBMISSION
Due to fiscal reporting deadlines imposed by the California Department of Aging and Sourcewise, CONTRACTOR must submit requested fiscal year -end closeout documents to COUNTY accounting staff by July 5, 2023.

DRAFT
County of Santa Clara
Social Services Agency
FY 2022-23 Exhibit C-4
Site 1 - Service Plan & Budget
Agency Name:

Site:

A
Budget
Per Meal Reimbursement Rate*
Grand Total
Weekly Service Plan Mon Tues Weds Thurs Fri Sat Sun
Service
Days
Service Start 11:30 AM 11:30 AM 11:30 AM 11:30 AM 11:30 AM N/A N/A Service End 12:30 PM 12:30 PM 12:30 PM 12:30 PM 12:30 PM N/A N/A Total Hours 1.00 1.00 1.00 1.00 1.00 N/A N/A 5
Monthly Service Delivery Plan Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Total Possible Serving Days 21 23 22 21 22 22 22 20 23 20 23 22 261 Unpaid Days Off 0 0 0 0 0 0 0 0 0 0 0 0 0
Holidays 1 0 2 1 3 1 2 1 0 1 1 0 13
Actual Serving Days 20 23 20 20 19 21 20 19 23 19 22 22 248 Budgeted Monthly Meals
(Serving Days x # of Daily Meals) 1380 1587 1380 1380 1311 1449 1380 1311 1587 1311 1518 1518 17112 YTD Budgeted Meals** 1380 2967 4347 5727 7038 8487 9867 11178 12765 14076 15594 17112 *Only meals provided to eligible participants which meet dietary requirements will be reimbursed. The maximum number of meals reimbursed by the County will not exceed the YTD number of budgeted meals based on County-approved holiday schedule. Meals provided in a previous month but not reimbursed may be billed in a subsequent month. **Food costs must equal at least 25% less $.25 of the Total Contract Amount. Meals that are unserved will not be reimbursed.

Rate
$7.30
Total Contract
Amount**
$124,917.60
$124,917.60
69 248 17,112
City of Santa Clara
Site Preparation Type
Catered
Santa Clara Senior Center

E FB C D
# of
Daily Meals
# of
Serving Days Annual Units
Third Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara Page 1 of 3 DRAFT
I I
County of Santa Clara
Social Services Agency
FY 2022-23 Exhibit C-4
Site 1 - Staffing Plan
Agency Name: City of Santa Clara
Site: Santa Clara Senior Center
69 248 17,112 13 1.45%
# of Daily
Meals
Serving Days Annual Meals Paid Holidays Payroll
Tax Rate
Paid Hours*

A B C D E F G H I J
Job Title
Daily
Hours Hourly Rate
Paid Time
Off
(Days)
Do not include
Holidays Salaries
Payroll
Taxes
Retirement
Contribution
Health
Insurance
Other
Fringe
Benefits
Total per
Employee
Site Manager 5.00 $19.74 33.40 $ 25,761 $ 374 $ 659 $ 26,794 Kitchen Aide 4.00 $17.22 33.40 $ 17,978 $ 261 $ 503 $ 18,742 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Total 9.00 $ 43,739 $ 635 $ - $ - $ 1,162 $ 45,536

A B C D
Volunteer Hours
Daily
Hours
Valuation
Hourly Rate

Valuation
(In-Kind
Server 1 2.00 $25.31 $ 12,554
Server 2 2.00 $25.31 $ 12,554
Check-in 1 2.00 $25.31 $ 12,554
Check-in 2 2.00 $25.31 $ 12,554
Total 8.00 $ 50,216
Unpaid Volunteer Hours
*All personnel costs in the Staffing Plan are built into the per meal rate listed in Exhibit C-4: Budget, Service Plan & Budget.

Third Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara Page 2 of 3 DRAFT
County of Santa Clara
Social Services Agency
FY 2022-23 Exhibit C-4
Resource Table
Agency Name: City of Santa Clara
Program: SNP Congregate Meals

A B C D
Source of Funds FY23 Amount % of Total Commitment Code
Santa Clara County Senior Nutrition
Program (This Contract) 124,917.60$ 61.7% 1 Volunteer Hours* $50,216.00 24.8% 3
Agency General Fund $3,445.00 1.7% 1
CDBG $24,000.00 11.8% 1
Non-senior contributions $0.00 0.0% 3
Total Program Cost 202,578.60$ 100.0% Total Per Meal Match
Actual Meal Cost
(Match + SCC Rate)
$4.54 $11.84
Commitment Code
1 2
3 4
5 Resources Provided by County
Resources Provided by Agency (Match)
In-Kind Resources
Cash Resources
* Volunteer Hours are valued by the County as: Living Wage * Hours Per Day * Serving Days SCC Rate
$7.30
Firm Commitment-Already have an agreement or letter confirming funding Anticipated Renewal of Existing Funding-Continuation of current year funding Anticipated Resource-Projection of previous fees or donations Application Pending-Application has been submitted, no confirmation at this time Pre-Application-Not yet submitted
Third Amendment to the Contract between the County of Santa Clara Social services Agency and City of Santa Clara Page 3 of 3 DRAFT
Santa Clara County
Social Services Agency
FY 2022-2023 Exhibit D-3: Logic Model
Logic Model - Agency Name: City of Santa Clara
A. Contract Goal:

B. Situation C. Activities/Services
D1. # of
unduplicated
clients/families
served per FY
D2. # of
Outputs
per FY
D3. Output E. Short/Long Term
Outcome Measures
Provide training to meal site
volunteers on food safety topics. 12 6 Volunteer Trainings Provide training to meal site
participants on food safety topics. 200 4 Informational handouts
Congregate Meals
Provide nutritious meals, opportunities to socialize, transportation, and resources to older adults across Santa Clara County.

Lack of food access,
financial instability, and
social isolation are
pervasive issues among the
older adult community. In
order to meet the needs of
this community services
need to include ethnically
diverse cuisine served in
locations in proximity to low-
income neighborhoods,
innovative service models
that bring the food to the
people, transportation
options, and additional
safety net resources. These
services are a vital
component to keeping
people healthy and living
independently.

By June 30, 2023, at least 75% of eligible older adult
congregate meal participants will have participated in at least one other service offered at the meal site.

Third Amendment to the Contract between the County of Santa Clara Social Services Agency and City of Santa Clara Page 1 of 1 DRAFT
I

CONTRACTOR CERTIFICATION OF COMPLIANCE WITH
COVID-19 VACCINE REQUIREMENTS
(Version Effective April 1, 2022)
Contractor Information:

Contractor name: Name of Contractor representative:

Contractor phone number: Contractor email address:

Contractor C
ertification. On behalf of Contractor, I hereby certify that:

1. Contractor has reviewed and is in compliance with all current County requirements regarding COVID-19 vaccination applicable to contractor’s employees working at County facilities, including but not limited to the requirements in the County’s memorandum regarding COVID- 19 Vaccine Requirement for County Personnel (“County Vaccine Policy”), the County’s memorandum regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, all current State and County Health Officer orders, and any other County requirements. These memoranda and current County policies are accessible at <https://procurement.sccgov.org/doing-business-county/contractor-vaccinations >.

Contractor understands that it is responsible for reviewing and maintaining compliance with all subsequent revisions or amendments to State and County orders and requirements regarding COVID-19.

2. As of the date signe
d below:
a. Contractor understands that it must confirm, and has confirmed, that all of contractor’s workers (including any subcontractor workers) who routinely perform services for the County onsite and share airspace with or proximity to other people at a County facility as part of their services for the County
1 are:
i. Fully vaccinated against COVID-19 and up-to-date on any boosters for which they are eligible as defined and required in the County Vaccine Policy; or ii. Have a legally sufficient and approved medical, disability, or religious exemption from vaccination that has been granted by contractor. 1 As established in the County’s Memorandum Regarding Application of COVID-19 Vaccination Requirement to County Contractors, Interns, and Volunteers, contractors performing work at closed construction sites are not required to comply with the County’s vaccination requirements, but must comply with all applicable federal, state, and local public health laws, including but not limited to vaccination, testing, and masking requirements .

EXHIBIT E: COVID-19 Contractor Certification
DRAFT
b. Contractor has verified and will continue to verify the vaccination status of all staff working on site at any County facility, and has obtained proof of vaccination from its staff in a form consistent with the California Department of Public Health’s Vaccine Records Guidelines and Standards.

3. I f contractor seeks to send any workers who are not fully vaccinated and up-to-date on boosters for which they are eligible to work indoors at any County facility because the contractor has granted them an exemption, contractor shall notify the County in writing by providing a list of any such workers to the COVID-19 Designee for the department that manages the facility where the contractor personnel will be working at least 96 hours in advance of any such worker arriving onsite so that the department has sufficient time to determine whether it will approve the contractor’s requests that its personnel work onsite and, if approved, can ensure that the contractor has complied with all applicable COVID-19 safety requirements for unvaccinated individuals, including, where appliable, regular testing and the use of a fit-tested N95 mask. 2 Notice must b
e separately provided to each department that manages a facility where contractor seeks to assign personnel to work onsite. Regardless of exemption status, personnel who are not fully vaccinated and up-to-date on boosters for which they are eligible may not work in high-risk roles at County facilities.

4. If any of contr
act
or’s workers are noncompliant with vaccination or testing requirements, contractor will notify the County Department for which they are providing services immediately and will not permit those workers to go onsite at a County facility without express written permission from the County.

5. Contractor will comply with all reasonable requests by the County for documentation demonstrating the contractor’s compliance with this Certification.

I verify the truth and accuracy of the statements in this Certification under penalty of perjury under the laws of the State of California.
_____________________________________
Name of authorized representative of
Contractor
________________________________
Title
_____________________________________
Signat
ure
________________________________
Date
2 If contractor sends workers who are not fully vaccinated and up-to-date on boosters for which they are eligible, it is contractor’s obligation to ensure that it has any necessary authorization under the California Confidentiality of Medical Information Act, Cal. Civ. Code §§ 56 et. seq., and under any other laws to share this information with the County.

EXHIBIT E: COVID-19 Contractor Certification
DRAFT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-752 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 4 to an Agreement with Peninsula Corridor Joint Powers Board for the Santa Clara Train Station Parking Lot

BACKGROUND
The Peninsula Corridor Joint Powers Board (PCJPD) is the governing board for Caltrain, which provides commuter rail transit services in the San Francisco Bay Area, including Santa Clara. On July 8, 2009, the City and PCJPD entered into a five-year lease agreement with a termination date of June 30, 2014 (Agreement) for a City-owned parcel located at the corner of El Camino Real and Railroad Avenue. The parcel, commonly known as the Santa Clara Train Station Parking Lot, was to be used to provide additional parking for Caltrain patrons. The Agreement has been amended three times (June 1, 2014, June 14, 2017, and August 27, 2019) to extend the term of the lease to June 30, 2022.

DISCUSSION
The proposed Amendment No. 4 (Attachment 1) extends the term of the agreement to December 31, 2022, with the option to extend up to two additional 6-month periods. This amendment is to provide time to negotiate the future rental terms of the lease.

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

FISCAL IMPACT
Based on the rent schedule from Amendment No. 3, the City will receive $6,600 monthly for the duration of the amended lease term while future rent terms are negotiated.

COORDINATION
This item was coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to Council 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.

City of Santa Clara Printed on 6/17/2022Page 1 of 2
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22-752 Agenda Date: 6/21/2022

RECOMMENDATION
Approve and authorize the City Manager to execute Amendment No. 4 to the Agreement with Peninsula Corridor Joint Powers Board to extend the term of the lease to December 31, 2022 with the option to extend up to two additional 6-month periods.

Reviewed by: Ruth Shikada, City Manager’s Office
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Lease with Peninsula Corridor Joint Powers Board and Amendments 1 - 3

2. Proposed Amendment No. 4 to Agreement with Peninsula Corridor Joint Powers Board City of Santa Clara Printed on 6/17/2022Page 2 of 2
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◊() . ~ Insurance No. o ., OCJ'7,

REAL ESTATE LEASE AGREEMENT
by and between

THE CITY OF SANTA CLARA
and

PENINSULA CORRIDOR JOINT POWERS BOARD

PREAMBLE
This real estate lease agreement ("Agreement" or "Lease") is made and entered into this f~ay of _Jul~--' 2009, ("Agreement Date") by and between the City of Santa Clara, California, a chartered. California municipal corporation, with its primary business address at 1500 Warburton Avenue, Santa Clara, CA 95050 ("City" or "Lessor") and Peninsula Corridor Joint Powers Board, a Joint Powers Authority, with its primary business address at 1250 San Carlos Avenue, San Carlos, CA 94070 ("Lessee") for the lease of a parcel of land (the "Property") to be used as the site for a parking lot for Caltrain patrons. City and Lessee may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
These recitals are a substantive portion of this Agreement:

A City owns an improved parcel of real estate located at the corner of El Camino Real and Railroad A venue, commonly known as "Santa Clara Train Station Parking Lot" in the City of Santa Clara ("the Property");
B. Lessee provides passenger train service in the San Francisco Bay Area region including Santa Clara; and
C. Lessee desires to lease the property at El Camino Real and Railroad A venue for the purpose of providing additional parking for Caltrain patrons ("the Project") at that location.

In consideration of the above referenced recitals and the following mutual covenants, commitments, and obligations of the Parties, Lessee and City agree as follows:

AGREEMENT PROVISIONS

1. DESCRIPTION OF LEASED PROPERTY
In order to provide needed parking for Caltrain patrons within the City on the Property and in consideration of the faithful performance by Lessee of the terms and conditions of this Agreement and of the Lease payments to be made by Lessee, City hereby leases to Lessee, and Lessee hires from City, certain improved real property located at El Camino Real and Railroad A venue· in the City of Santa Clara, County of Santa Clara, State of California. The Property consists of 1.49 acres (65,000 square feet) of developed land and is more particularly described in Exhibit A, attached and incorporated herein by reference.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

2. INTENT
A. This Agreement supersedes all prior Agreements, if any, between the Parties and their predecessors in interest regarding the Lease of the Property.

B. The City Manager and/or her designee serves as Contract Administrator for this Agreement on behalf of the City Council.

C. This Agreement is for the exclusive use of the Property for the parking of Caltrain patrons as more fully defined in Section 4 "Use of Property". Lessee represents that it is qualified to operate the Project on the Property. The fulfillment of this Agreement is in the best interest of the City and the health, safety and welfare of its residents and is in accordance with the public purpose provisions of applicable federal, state and local laws and requirements.

3. AGREEMENT DATE AND TERM OF THE AGREEMENT
For purposes of all Leasehold rights and interest created by this Agreement, the term of this Agreement shall commence on July 1, 2009. For purpose of the calculations ofrent and fees and their respective due date, the term of the Agreement shall commence on July 1, 2009 (also known as the "Effective Date"). The term of this Agreement for the payment ofrent shall commence on the Effective Date and shall terminate five (5) years thereafter or June 30, 2014 ("Lease Term") or on the date resulting from an earlier termination as hereinafter set forth.

4. USE OF PROPERTY
///
///
A. The Property shall be used by Lessee to provide parking for Caltrain patrons. Lessee shall not use or permit the Property, or any part thereof, to be used in whole or in part for any purpose other than as set forth above except with the prior written consent of the City evidenced by resolution of the City, nor for any use in violation of any present or future laws, ordinances, rules or regulations at any time applicable thereto of any public or governmental entity, including the City of Santa Clara.

B. Lessee hereby expressly agrees at all times during the term of this Agreement, at its own cost, to maintain and operate the Project in a clean and sanitary condition and in compliance with any present or future laws, ordinances and rules or regulations of any public or governmental authority now or at any time during the term of this Agreement in force relating to sanitation, public health or safety. Lessee shall at all times faithfully obey and comply with all laws, rules and regulations applicable to the Project adopted by federal, state, local or other governmental bodies or departments or officers thereof.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

C. The Lessor reserves the right to holdback fifty (50) to ninety (90) parking spaces on the property for twenty (20) to forty ( 40) events each year during the evening ( after 5 :00PM) hours or on weekends for events at Santa Clara University. Notwithstanding the foregoing, all of Lessee's patrons which entered Property prior to 5:00 PM or the specified event start time will be allowed to leave their parked cars on the Property without any additional fee or penalty, including having their cars towed from the Property. Appropriate temporary signage informing parkers of lot regulations pertaining to events at Santa Clara University will be installed, maintained and removed by Lessor. A schedule of such events will be developed annually and provided to the Lessee in February of each year as described in Exhibit D, attached and incorporated by reference. Lessee agrees that such after hour parking arrangements, if arranged by February of each year, will be acceptable. City may enter into an arrangement with a third party to allow parking for the events described above, subject to the approval of Lessee, which approval shall not be unreasonably withheld, conditioned or delayed. As part of such approval, Lessee may require that such third party name it as an additional insured on any insurance policies required by the City to the same extent as City is named and honor the conditions stated in this paragraph 4C regarding parki.ng by Lessee's patrons.

D. The Lessor retains the right to permanently reserve 25 parking spaces on the Property for use by the Santa Clara Police Department. These spaces shall be marked "Reserved for Police Department" on the pavement and/or parking stops.

E. The Lessor currently maintains and operates a Pump Station/storage facility on the northeast corner and the center of the Property. Access to these sites by Lessor shall be maintained at all times and not be impeded by Caltrain parking.

5. RENT AND FEES
A. The Rent for the Property consists of an annual rental fee to be paid by Lessee to the City during the unexpired term of this Agreement in advance and without set off or previous demand, commencing on July 1, 2009 and due on July 1 of each year of the term of this Lease. The Rent schedule is more particularly described in Exhibit B, attached and incorporated by reference.

1. Rent to be paid during the year of approval of the Agreement. a. If the Effective Date is a date other than July 1, the Rent for the first year shall be prorated according to the number of days remaining in that first year of approval of the Agreement.

2. Rent to be paid during the year of termination of the Agreement. a. If this Lease Agreement terminates on a date other than June 30, any prepaid Rent prorated for the remainder of that year shall be immediately refunded to Lessee.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev:· 12/10/04; typed: 03/18/09

6. DELINQUENCY CHARGE
If any installment of Rent or other sum due from Lessee is not received by Lessor within fifteen days (15) of the date it is due, then Lessee shall be subject to a delinquency charge for violation of this Agreement and for damages, of a sum equal to one-tenth of one percent (0.1 %) of such required payment amount per day for each day from the date such required payment amount became due and payable until payment of said required payment amount has been received by the City. Unpaid delinquency charges shall accrue retroactively from the first day of the month in which such required payment amounts were first due and payable and shall be compounded monthly. The City shall apply any monies received from Lessee first to any accrued delinquency charges and then to any other rental or other sums then due hereunder. The delinquency charges provided by this Paragraph 6 are in addition to all other remedies the City may have that are provided by this Agreement or otherwise by law to enforce payment of any rental or other sum that has become due and has not been paid.

7. NO CONSTRUCTION OF IMPROVEMENTS

8. No improvements shall be constructed on the Property, unless the City specifically and in writing consents to such construction, which consent shall not be unreasonably withheld. All federal, state, and local laws and regulations, including but not limited to land use and permitting laws, must be adhered to in the event of such construction.

MAINTENANCE, REPAIRS AND ALTERATIONS
A. The City shall, at its expense, during the term of this Agreement, perform required maintenance and repair of the public streets adjacent to the Property. Lessee, at its expense, shall perform all other maintenance and repairs, including maintenance and operation of lighting facilities within the parking area, signage, and parking stripes therein in reasonable order, repair and condition throughout the term of this Agreement. The Lessee shall maintain all landscaping in the planting area in the parking lot on the northerly portion of the El Camino Real frontage and the westerly portion of the Benton Street frontage. In addition, Lessee shall maintain, at its own expense, all equipment, utility lines and sewer lines serving the Project to their point of connection with the main lines. Lessee waives the right to make repairs at the expense of the City and the benefit of the provisions of Sections 1941 and 1942 of the Civil Code of California relating thereto; and, further agrees that if and when any repairs, alterations, additions or betterments shall be made by it as this paragraph provides, it promptly shall pay for all labor done or materials furnished in that behalf and shall keep Property and Lessee's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever.

B. Lessee may make alterations, additions or betterments to the Property only after complete plans and specifications have been submitted to and approved by the City and after securing the necessary building, electrical or plumbing permits from the City of Santa Clara.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

9. TERMINATING THE LEASE AGREEMENT
I I I
A. City's Right to Terminate.

The City may declare this Agreement terminated in its entirety in the manner provided in Paragraph 9C and may exercise all rights of entry and re-entry with or without process of law, into the Property upon the occurrence of any one or more of the following events:

1. If the Rent or other money payments which the Lessee agrees to pay, or any part thereof, are unpaid after the date specified for such payments as set forth in Paragraph 5A, entitled "Rent and Fees";

2. If the Lessee has failed in the performance of any covenant or condition required to be performed by the Lessee;

3. Upon the occurrence of any act or omission which results in the suspension or revocation of any act, power, license, permit or authority that terminates the conduct and operation of the Project by the Lessee, or suspends it for any time in excess of ninety (90) days;

4. If the interest or estate of the Lessee under this Agreement is transferred without the prior written consent of City;

5. If the levy of any attachment or execution, or the appointment of any receiver, or the execution of any other process of any court of competent jurisdiction which does, or as a direct consequence of such process, will interfere with Lessee's occupancy of the Property and will interfere with its operations under the Agreement, and which attachment, execution, receivership or other process of court is not enjoined, vacated, dismissed or set aside within a period of ninety (90) days;

6. If a petition under any part of the federal bankruptcy laws or an action under present or future insolvency law or statute is filed against Lessee's operations of the Project or Lessee is adjudicated as bankrupt unless Lessee confirms this Agreement in any bankruptcy proceeding;

7. If the Lessee shall voluntarily abandon, desert, vacate or discontinue all or part of its operation of the Project or any other action that results in a failure by the Lessee to provide the public and others with the service contemplated; and/or,

8. If the time period from the Agreement Date of the Agreement to the initial date of operation of the Project exceeds twenty-four (24) calendar months.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

B. Lessee's Right to Terminate.

1. Notwithstanding the foregoing or any provisions to the contrary herein, this Agreement is expressly conditioned upon approval by the appropriate agencies for the appropriate licenses required for the Project.

2. Lessee, at its option, may declare this Agreement terminated in its entirety, in the manner provided in subparagraph 9C herein if City fails in the performance of any material condition of this Agreement.

C. Procedure for Termination or Repossession.

1. No termination declared by either Party shall be effective and, except as provided in this Agreement, the City shall not take possession of the Property unless and until not less than ninety (90) days have elapsed after issuance of a written Notice of Termination by either Party to the other specifying the date upon which such termination shall take effect and the cause for which the Agreement is being terminated or for which the Property is being repossessed to provide for the cure of any such default, and, no such termination shall be effective nor shall the City retake possession of the Property:
a. if such default is cured within the ninety (90) day period; or, b. in the event that such default by its nature cannot be cured within such ninety (90) day period if the Party in default promptly commences to correct such default within said ninety (90) days and corrects same as promptly as is reasonably practical.

2. Failure by the City to take any authorized action upon default by Lessee of any of the terms, covenants or conditions required to be performed, kept and observed by the Lessee shall not be construed to be or act as a waiver of default or of any subsequent default of any of the terms, covenants and conditions to be performed, kept and observed by the Lessee.

3. The acceptance of payments by the City from the Lessee for any period or periods after a default of conditions required to be performed, kept and observed by the Lessee, unless such payment was to cure a default, shall not be deemed a waiver or stopping of any right on the part of the City to terminate the Agreement for failure by the Lessee to so perform, keep or observe any of said terms, covenants or conditions.

D. Miscellaneous Rights.

1. On the date set forth in a Notice of Termination issued to Lessee by the City, all right, title and interest of the Lessee shall terminate at the discretion of the City except as otherwise provided in paragraph 9C above.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

2. It is to be understood that the rights and remedies of the City and Lessee specified in this Agreement are not intended to be, and shall not be, exclusive of one another or exclusive of any common law or statutory right of either of the parties hereto.

3. Upon termination of the Lease, City will immediately refund to Lessee any Rent prepaid for a period after the date of termination.

10. STATE AND LOCAL LICENSES AND LAWS
A. Lessee shall, at all times, comply with all applicable laws, rules and regulations and orders of the Federal government, State of California, County of Santa Clara and City of Santa Clara.

B. Lessee, at its sole expense and cost, shall be responsible for procuring the necessary City of Santa Clara licenses and other appropriate licenses from the County or State.

Lessee shall observe and comply with the requirements of all applicable federal, state and local statutes, ordinances and regulations regarding the Project. Lessee shall, at its sole expense and cost, procure and keep in force, during the entire term of this Agreement and any extension thereof, all permits and licenses required by such statutes, ordinances or regulations.

11. SIGNS
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Lessee shall not install, paint, inscribe or place any new signs or placards without the prior written consent of the City and concurrence by the Planning Director of the City of Santa Clara that the signs are in conformance with all City of Santa Clara ordinances. Lessor agrees that future modifications to all previously installed existing signs or placards will be not subject to review and concurrence by Planning Director of City of Santa Clara provided that said modifications do not alter the location, size, shape or visual characteristics of said sign.

Lessee agrees, at its own expense, to remove or paint over to the satisfaction of City promptly upon termination of this Agreement any and all signs or placards installed, painted, inscribed or placed by it in or upon the interior or exterior of the Property and to restore the surface thereof; and should Lessee fail to so remove or paint over such signs or placards, and restore the surface, the City may do so at the expense of Lessee and Lessee shall reimburse the City for the cost thereof upon demand.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

12. UTILITIES
Lessee agrees to pay the cost of all utilities furnished to it in connection with its use and occupation of the Property. The City is not obligated to provide or pay for any utility services, but in the event the City by arrangement with Lessee provides or pays for any utility services, Lessee shall pay the City for such services or reimburse to the City any payment the City has made for such services not later than the first business day of the calendar month following Lessee's receipt from the City of a billing statement for said services or reimbursement. Any and all other utility services required by Lessee shall be provided by Lessee at its expense. Notwithstanding the above, Lessee shall not be responsible for any utilities or storm lines related to City's pump station.

13. TAXES AND ASSESSMENTS
The property interest created by this Agreement may be subject to property taxation and the Lessee hereunder in whom the possessory interest is vested may be subject to the payment of property taxes levied on such interest. Lessee agrees to pay all lawful taxes, assessments or charges which at any time may be levied by the State, County, City or any tax or assessment levying body upon any interest in this Agreement or any possessory right which Lessee may have in or to the Property covered hereby by reason of its use or occupancy thereof or otherwise, as well as all taxes, assessments and charges on goods, merchandise, fixtures, appliances, equipment and property owned by it in or about the Project and shall hold City harmless therefrom.

14. DAMAGE OR DESTRUCTION OF THE PROPERTY
A.

B.

II I
Non-termination. In the event of partial destruction, rent should abate for the portion of the Property that is rendered unusable by the Lessee by reason of the destruction, until it is restored by the City. In the event of complete destruction, the City would have the option to restore or terminate the lease.

General Provisions. City shall not be required to repair any injury or damage to the Project or the Property, except to the extent of City's obligations under this Agreement. City and Lessee hereby waive the provisions of:

1. Sections 1932(2) and 1933( 4) of the Civil Code of California and any other provisions of law from time to time in effect during the term of this Lease Agreement and relating to the effect on leases of partial or total destruction of the Property; and,

2. Sections 1941 and 1942 of the Civil Code, providing for repairs to and of Property. City and Lessee agree that their respective rights upon any damage or destruction of the Property and the Property shall be those specifically set forth in this Paragraph 14.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

C. City and Lessee waive the provisions of any statutes that relate to termination of leases when leased property is destroyed and agree that such event shall be governed by the terms of this Lease Agreement.

15. HOLD HARMLESS/INDEMNIFICATION

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It is an express condition of this Lease Agreement that the City of Santa Clara shall be free from any and all liabilities and claims for damages and/or suits for or by reason of any death or deaths or any injury or injuries to any person or persons or damages to property of any kind whatsoever, whether the person or property of Lessee, its agents or employees, or third persons, from any cause or causes whatsoever while on the Property or any part thereof during the term of this Agreement or occasioned by any occupancy or use of the Property or any activity carried on by Lessee in connection with this Lease Agreement.

To the extent permitted by law, Lessee hereby covenants and agrees to protect, defend, indemnify and to save harmless the City from all liabilities, charges, expenses, including counsel fees and costs on account of or by reason of any such death or deaths, injury or injuries, liabilities, claims, suits or losses, however occurring, or damages for which Lessee shall become legally liable arising from Lessee's negligent acts, errors or omissions with respect to or in any way connected with this Agreement.

Lessee shall not be liable for damage caused solely by City or its employees, agents or contractors.

INSURANCE REQUIREMENTS
A. Lessee agrees to maintain in full force and effect, at Lessee's own cost and expense, at all times for the term of this Lease Agreement or any authorized extension thereof, insurance coverage in amounts and with the endorsements herein indicated and set forth in Exhibit C, attached and incorporated herein by reference. Lessee and City shall be listed as co-insured under all insurance policies required under this Lease Agreement. Upon execution of this Lease Agreement, and before commencing any work hereunder, Lessee shall file with the City Clerk of the City of Santa Clara, and subject to the approval of the Attorney for the City for adequacy of protection, proper certificates and endorsements for the insurance requirement as set forth in Exhibit C.

City understands that a substantial portion of the coverage required in Exhibit C is within Lessee's self-insured retention and agrees to accept such coverage.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

B. A certificate or certificates evidencing such insurance coverage shall be filed with the City Clerk of the City of Santa Clara prior to the commencement of the term of this Agreement, and said certificate shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days prior written notice to the City Clerk. At least thirty (30) days prior to the expiration of any such policy, a certificate showing that such insurance coverage has been renewed or extended shall be filed with the City Clerk. If such coverage is canceled or reduced, Lessee shall, within fifteen ( 15) days after receipt of written notice from the City of such cancellation or reduction in coverage, file with the City Clerk a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Upon failure to so file such certificate, the City may without further notice and at its option either:

17. LIENS

1. Notwithstanding any other provisions of this Lease Agreement, but subject to Section 9C, cause this Agreement to be forfeited and exercise such other rights as it may have in the event of Lessee's default, or,

2. Procure such insurance coverage at Lessee's expense and Lessee shall promptly reimburse the City for such expense. If Lessee fails or refuses to procure or maintain insurance as required by this Lease Agreement to be procured and maintained by Lessee, City shall have the right, at City's election, to procure and maintain such insurance for the benefit of Lessee and City. The premiums paid by City shall be treated as additional rent due from Lessee to be paid on the first business day of the month following the date on which the premiums were paid. City shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s) that shall include Lessee.

Lessee shall pay for all labor done or materials furnished in the repair, replacement, development or improvement of the Property by Lessee and shall keep the Property and Lessee's possessory interest therein free and clear of any lien or encumbrance of any kind whatsoever created by Lessee's act or omission.

18. ASSIGNMENT AND SUBLETTING
Lessee shall not voluntarily, involuntarily or by operation of law, assign, mortgage or otherwise encumber, all or any part of Lessee's interest in this Agreement or in the Property or sublet the whole or any part of the Property [ or enter into any management agreement or other arrangement under which the Project is operated other than by Lessee] ( any and all of which transactions are herein referred to as a "Transfer"), except as specifically permitted by this Lease Agreement or consented to by Lessor in writing, which consent shall not be unreasonably withheld.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

19. HAZARDOUS MATERIALS
A.

B.

C.

D.

Compliance with Laws. Lessee shall not cause or permit any Hazardous Material ( as defined below) to be brought upon, kept or used in or about the Property by Lessee, its agents, employees, contractors or invitees.

Termination of Lease Agreement. Lessor shall have the right to terminate the Lease Agreement in Lessor's sole and absolute discretion in the event that (i) any anticipated use of the Property by Lessee involves the generation or storage, use, treatment, disposal or release of Hazardous Material in a manner or for a purpose prohibited or regulated by any governmental agency, authority or Hazardous Materials Laws; (ii) Lessee has been required by any lender or governmental authority to take remedial action in connection with Hazardous Material contaminating the Property, if the contamination resulted from Lessee's action or use of the Property; or, (iii) Lessee is subject to an enforcement order issued by any governmental authority in connection with the release, use, disposal or storage of a Hazardous Material on the Property.

Assignment and Subletting. If (i) any anticipated use of the Property by any proposed assignee or sublessees involves the generation or storage, use, treatment or disposal or release of Hazardous Material in a manner or for any purpose; (ii) the proposed assignee or sublessees has been required by any prior Lessor, lender or governmental authority to take remedial action in connection with Hazardous Material contaminating a property, if the contamination resulted from such party's action or use of the property in question; or, (iii) the proposed assignee or sub lessee is subject to an enforcement order issued by any governmental authority in connection with the release, use, disposal or storage of a Hazardous Material, then it shall not be unreasonable for Lessor to withhold its consent to an assignment or subletting to such proposed assignee or sublessee.

Hazardous Materials Defined. The term "Hazardous Material(s)" shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to, those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations and any and all of those substances included within the definitions of "hazardous substances," "hazardous waste," "hazardous chemical substance or mixture," "imminently hazardous chemical substance or mixture," "toxic substances," "hazardous air pollutant," "toxic pollutant" or "solid waste" in the (a) "CERCLA" or "Superfund" as amended by SARA, 42 U.S.C. Sec. 9601 et seq.; (b) RCRA, 42 U.S.C. Sec. 6901 et seq.; (c) CW A., 33 U.S.C. Sec. 1251 et seq.; (d) CAA, 42 U.S.C. 78401 et seq.; (e) TSCA, 15 U.S.C. Sec. 2601 et seq.; (f) The Refuse Act of 1899, 33 U.S.C. Sec. 407; (g) OSHA, 29 U.S.C. 651 et seq.; (h) Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.; (i) USDOT Table ( 40 CFR Part 302 and amendments) or the EPA Table ( 40 CFR Part 302 and amendments); U) California Superfund, Cal. Health & Safety Code Sec. 25300 et seq.; (k) Cal. Hazardous Waste Control Act, Cal. Health & Safety Code Section Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

I I I
25100 et seq.; (1) Porter-Cologne Act, Cal. Water Code Sec. 13000 et seq.; (m) Hazardous Waste Disposal Land Use Law, Cal. Health & Safety Code Sec. 25220 et seq.; (n) "Proposition 65," Cal. Health and Safety Code Sec. 25249.5 et seq.; (o) Hazardous Substances Underground Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq.; (p) California Hazardous Substance Act, Cal. Health & Safety Code Sec. 28740 et seq.; (q) Air Resources Law, Cal. Health & Safety Code Sec. 39000 et seq.; (r) Hazardous Materials Release Response Plans and Inventory, Cal.

Health & Safety Code Secs. 25500-25541; (s) TCPA, Cal. Health and Safety Code Secs. 25208 et seq.; and, (t) regulations promulgated pursuant to said laws or any replacement thereof, or as similar terms are defined in the federal, state and local laws, statutes, regulations, orders or rules. Hazardous Materials shall also mean any and all other substances, materials and wastes which are, or in the future become regulated under applicable local, state or federal law for the protection of health or the environment, or which are classified as hazardous or toxic substances, materials or wastes, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetracholoethylene, perchloroethylene and other chlorinated solvents; (ii) any petroleum products or fractions thereof; (iii) asbestos; (iv) polychlorinated biphenyls; (v) flammable explosives; (vi) urea formaldehyde; and, (vii) radioactive materials and waste.

E. Lessor's Right to Perform Tests. At any time prior to the expiration of the Lease Term, Lessor shall have the right to enter upon the Property in order to conduct tests of water and soil and to deliver to Lessee the results of such tests to demonstrate that levels of any Hazardous Materials in excess of permissible levels has occurred as a result of Lessee's use of the Property, provided that Lessor's activities on the Property shall not unreasonably interfere with Lessee's use of the Property. Lessee shall be solely responsible for and shall indemnify, protect, defend and hold Lessor harmless from and against all claims, costs and liabilities including actual attorney's fees and costs arising out of or in connection with any removal, remediation, clean up; restoration and materials required hereunder to return the Property to its condition existing prior to the appearance of the Hazardous Materials for which Lessee is responsible. The testing shall be at Lessee's expense only if Lessor has a reasonable basis for suspecting and confirms the presence of Hazardous Materials in the soil or surface or groundwater in on, under or about the Property or the Project, which has been caused by or resulted from the activities of Lessee, its agents, employees, contractors or invitees.

F. Environmental Audits. Upon request by Lessor during the Lease Term, prior to the exercise of any renewal term and/or prior to vacating the Property, Lessee shall undertake and submit to Lessor an environmental audit from an environmental company reasonably acceptable to Lessor. The audit shall evidence Lessee's compliance with the terms of this Lease Agreement.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

G. Hazardous Materials Indemnity. Lessee shall indemnify, defend (by counsel reasonably acceptable to Lessor), protect and hold Lessor harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Property, damages arising from any adverse impact or marketing of the Property) and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorney's fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, during the Lease Term, by the presence or discharge in, on, under or about the Property by Lessee, Lessee's agents, employees, licensees or invitees or at Lessee's direction of Hazardous Material, or by Lessee's failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability. Lessee's indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Property and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the Lease Term. For purposes of the indemnity provided herein, any acts or omissions of Lessee or its employees, agents, customers, sublessees, assignees, contractors or subcontractors of Lessee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Lessee. ·
20 INTENTIONALLY DELETED

21. SURRENDER AND HOLDING OVER
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A. Lessee covenants that at the expiration of the term of this Lease Agreement or upon its earlier termination, it will quit and surrender the Property in good state and condition, reasonable wear and tear and damage by the elements excepted. The City shall have the right upon termination to enter into and upon and take possession of the Property. Should Lessee hold over the use of the Property after this Agreement has been terminated in any manner, such holding over shall be deemed merely a tenancy from month to month and at a rental rate of $500.00 per month for a maximum period of one year, payable monthly in advance, but otherwise on the same terms and conditions as herein set forth.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

B. It is understood and agreed that nothing contained in this Lease Agreement shall give Lessee any right to occupy the Property at any time after expiration of the term of this Lease Agreement or its earlier termination, and that this Lease Agreement shall not create any right in Lessee for relocation assistance or payment from the City upon expiration of the term of this Agreement or upon its earlier termination or upon the termination of any holdover tenancy pursuant to this paragraph. Lessee acknowledges and agrees that upon such expiration or termination, it shall not be entitled to any relocation assistance or payment pursuant to the provisions of Title 1, Division 7, Chapter 16, of the Government Code of the State of California (Sections 7260, et seq.) with respect to any relocation of its business or activities upon the expiration of the term of this Lease Agreement or upon its earlier termination or upon the termination of any holdover tenancy pursuant to this paragraph.

22. WAIVERS
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A. No waiver by either Party at any time of any of the terms, conditions or covenants or agreements of this Lease Agreement or of any forfeiture shall be deemed or taken as a waiver at any time thereafter of the same or of any other term, condition or covenant or agreement herein contained, nor of the strict and prompt performance thereof. No delay, failure or omission of the City to re-enter the Property or to exercise any right, power or privilege, or option, arising from any default, nor any subsequent acceptance of rent then or thereafter accrued shall impair any such right, power, privilege or option or be construed a waiver of any such default or relinquishment thereof, or acquiescence therein, and, after waiver by the City of default in one or more instance, no notice by the City shall be required to restore or revive time as being of the essence in this Lease. No option, right, power, remedy or privilege of the City shall be construed as being exhausted by the exercise thereof in one or more instances. It is agreed that each and all of the rights, powers, options or remedies given to the City by this Lease Agreement are cumulative and not one of them shall be exclusive of the other or exclusive of any remedies provided by law, and that exercise of one right, power, option or remedy by the City shall not impair its rights to any other right, power, option or remedy.

B. In no event shall this Lease Agreement be construed to limit in any way (i) the City's rights, powers or authority under the police power and other powers of the City to regulate or take any action in the interest of the health, safety and welfare of its citizens or (ii) Lessee's rights and privileges as an individual or corporate resident and/or citizen or governmental entity of the City of Santa Clara, State of California and/or the United States of America as provided under applicable laws, except as expressly waived or limited by this Lease Agreement.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

23. RIGHT TO INSPECT PREMISES
The City or its duly authorized representatives or agents and other persons for it, may enter into or upon the Property at any and all reasonable times during the term of this Lease Agreement for the purpose of determining whether or not Lessee is complying with the terms and conditions hereof or for any other purpose incidental to rights of the City, provided that City's activities on the Property shall not unreasonably interfere with Lessee's use of the Property.

24. DISPOSAL OF TRASH AND GARBAGE
Lessee agrees to handle and dispose of its trash, garbage and refuse in a sanitary manner and in accordance with the requirements set forth in the Santa Clara City Code. Lessee agrees not to place any boxes, cartons, barrels, trash, debris or refuse in or about the Property. Lessee shall provide an area or areas within the trash area of the Property for the cleaning of garbage cans and for the placement of trash and storage bins. Lessee shall not wash or clean waste containers except within the designated area. Trash and garbage can storage and the garbage can cleaning area shall be screened from public view.

25. EXTENSIONS OF TIME
The City shall have the right to grant reasonable extensions of time to Lessee for any purpose or for the performance of any obligation of Lessee hereunder.

26. SUCCESSORS
Each and every one of the provisions, agreements, terms, covenants and conditions herein contained to be performed, fulfilled, observed and kept shall be binding upon the heirs, successors, assigns and personal representatives of the parties hereto, and the rights hereunder, and all rights, privileges and benefits arising under this Lease Agreement and in favor of either Party shall be available in favor of the successors and assigns thereof, irrespectively provided no assignment by or through Lessee in violation of the provisions of this Lease Agreement shall vest any rights in such assignee or successor.

27. TIME OF ESSENCE
Time is hereby expressly declared to be of the essence of this Lease Agreement.

28. NOTICES
All notices to the Parties to this Lease Agreement shall, unless otherwise requested in writing, be sent by mail, facsimile or personally delivered to the addresses listed in this paragraph. The notices shall be deemed served and delivered three (3) days after deposited in the United States mail by first class mail or personal delivery or upon receipt of a facsimile transmission. Any notice permitted or required to be served upon the City may be served upon:

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

City of Santa Clara
Attention: Director of Public Works
1500 Warburton A venue
Santa Clara, CA 95050
(408) 615-3000
or by facsimile at ( 408) 985- 7936
Any notice permitted or required to be served on the Lessee may be served upon:

Peninsula Corridor Joint Powers Board
Attention: Manager of Real Estate and Development
1250 San Carlos A venue
San Carlos, CA 94070-1306
( 650) 508-6269
or by facsimile at (650) 508-6365

29. EQUAL OPPORTUNITY; NONDISCRIMINATION
In furtherance of the City's policy to ensure that equal employment opportunity is achieved and nondiscrimination is guaranteed in all City-related activities, it is expressly understood and agreed with respect to Lessee's activities in conducting the Project:

A. That Lessee shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, physical handicap or veteran's status. Lessee shall take affirmative action to ensure that applicants and employees are treated fairly. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship.

B. That Lessee shall, in all solicitations or advertisements for employees placed by or on behalf of Lessee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age, physical handicap, or veteran's status.

30. DISPUTE RESOLUTION
A. No arbitration or civil action with respect to any dispute, claim or controversy arising out of or relating to this Lease Agreement, except for the nonpayment of rent, may be commenced until the matter has been submitted to mediation. The Parties will cooperate with one another in selecting a mediator and in scheduling the mediation proceedings, said mediation to take place in Santa Clara, California.

B. Either Party may commence mediation by providing to the other Party a written notice of mediation, setting forth the subject of the dispute and the relief requested.

Each Party agrees to participate in up to eight (8) hours of mediation before resorting to litigation in the Santa Clara Superior Court in San Jose, California.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

31. C. The Parties may agree on one mediator. In the event the Parties are unable to agree upon a mediator within ten (10) days following the date of the written Notice of Mediation, the Parties shall submit the matter to the American Arbitration Association, which shall appoint a mediator. The Parties shall share equally in the costs of mediation. Either Party may seek injunctive relief prior to the mediation to preserve the status quo pending the completion of that process. Except for an action to obtain such injunctive relief, neither Party may commence arbitration or a civil action with respect to the matters submitted to mediation until after the completion of the first mediation session, or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first.

D. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Lease Agreement.

Mediation may continue after the commencement of arbitration or a civil action, if the Parties so agree.

E. The costs of the mediator shall be borne by the Parties equally. However, all costs, fees, expenses and any attorney's fees related to such mediation activities are to be paid by the Party having incurred such fees, costs and expenses.

F. The provisions of this paragraph may be enforced by any court of competent jurisdiction.

QUIET POSSESSION
Lessee, upon performing its obligations hereunder and while not in default, shall have the quiet and undisturbed possession of the Property throughout the term of this Lease Agreement.

32. CONSENT AND APPROVAL
Whenever the City's consent or approval is required, under the terms and conditions of the Agreement, said consent or approval shall not be unreasonably withheld.

33. EASEMENTS
City reserves to itself, the right, from time to time, to grant such easements, rights and dedications that City deems necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not materially interfere with the use of the Property by Lessee. Lessee shall sign any of the aforementioned documents upon request of City and failure to do so shall constitute a material breach of this Lease Agreement.

34. SEVERABILITY
The invalidity of any provision of this Lease Agreement as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/94; typed: 03/18/09 -

35. ENTIRE AGREEMENT, MODIFICATION
This Lease Agreement contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease Agreement may be modified in writing only, signed by the parties in interest at the time of the modification.

36. CUMULATIVE REMEDIES
No remedy or election under this Lease Agreement shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

37. BINDING EFFECT; CHOICE OF LAW
Subject to any provision hereofrestricting assignment or subletting by Lessee and subject to the provisions of Article 9, this Lease Agreement shall bind the parties, their personal representatives, successors and assigns. The laws of the State of California shall govern this Lease Agreement. The language of all parts of this Lease Agreement shall be construed with its fair meaning and not strictly for or against the City or Lessee.

38. STATUS OF TITLE
Title to the leasehold estate created by this Lease Agreement is subject to all exceptions, easements, rights, rights-of-way, and other matters of record on the date of approval by the City Council.

39. NO PARTNERSHIP OR JOINT VENTURE
Nothing in this Lease Agreement shall be construed to render the City in any way or for any purpose a partner, joint venture or associate in any relationship with Lessee other than that of Landlord and Tenant, nor shall this Lease Agreement be construed to authorize either to act as agent for the other.

40. NON-LIABILITY OF OFFICIALS AND EMPLOYEES OF CITY
No official or employee of City shall be personally liable for any default or liability under this Lease Agreement.

41. INDEPENDENT CONTRACTOR
It is agreed that Lessee shall act and be an independent contractor and not an agent nor employee of City.

42. MEMORANDUM OF LEASE
Following execution of this Lease Agreement, either party, at its sole expense shall be entitled to record a memorandum of lease agreement in the official records of Santa Clara County. Upon termination or expiration of this Lease Agreement, Lessee shall execute and record a quitclaim deed as to its leasehold interest.

Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

43. ESTOPPEL CERTIFICATE
Lessee shall, from time to time, upon at least thirty (30) days prior written notice from City, execute, acknowledge and deliver to City a statement in writing (i) certifying this Lease Agreement is unmodified and in full force and effect, or, if modified, stating the nature of the modification and certifying that the Lease Agreement, as modified, is in full force and effect, and the date to which the rental and other charges, if any, have been paid; and, (ii) acknowledging that there are not to Lessee's knowledge, any defaults, or stating if any defaults are claimed, any statement may be relied upon by any prospective purchaser or encumbrancer of the City Property.

The Parties acknowledge and accept the terms and conditions of this Lease Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Lease Agreement shall become operative on the Agreement Date first set forth and defined above.

CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
APPROVED AS TO FORM~
""
Cit
ATTE~
ROD DIRIDON, JR.

City Clerk
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax Number: (408) 241-6771
"CITY"

PENINSULA CORRIDOR JOINT POWERS BOARD,
a Joint Powers Authority
fa B McA voy
1 v6£
h' ef Developmen(_ __ :fice
1250 San Carlos Avenue
San Carlos, CA 94070-1306
Telephone.Number: (650)508-6269
Fax Number: (650)508-6365
Approved as to Form:

Attorney
"LESSEE"
I:\ENGINEERING\Draft\WP\AGREE\PCJPB Caltrain Parking Lot Lease April 2009 Agmt (drart)JPB Redlines.doc Ground Lease/Peninsula Corridor Joint Powers Board
Rev: 12/10/04; typed: 03/18/09

REAL ESTATE LEASE AGREEMENT
by and between

THE CITY OF SANTA CLARA
and

PENINSULA CORRIDOR JOINT POWERS BOARD

EXHIBIT A

SITE DESCRIPTION
Ground Lease/Peninsula Corridor Joint Powers Board/ Exhibit A Rev: 12/10/04; typed: 03/18/09

REAL ESTATE LEASE AGREEMENT
by and between

THE CITY OF SANTA CLARA
and

PENINSULA CORRIDOR JOINT POWERS BOARD

EXHIBITB

RENT SCHEDULE
Rent to be paid each month shall be as follows:

Years
1 thru 3
4 thru 5
Annual Amount
$3,600.00
$4,200.00
Ground Lease/Peninsula Joint Powers Board/ Exhibit B
Rev: 12/10/04; typed: 03/18/09

REAL ESTATE LEASE AGREEMENT
by and between

THE CITY OF SANTA CLARA
and

PENINSULA CORRIDOR JOINT POWERS BOARD

EXHIBIT C

INSURANCE REQUIREMENTS
Lessee shall purchase and maintain the insurance policies set forth below on all of its operations under this Agreement at its/their sole cost and expense. Such policies shall be maintained for the full term of this Agreement and the related warranty period (if applicable). For purposes of the insurance policies required under this Agreement, the term "City" shall include the duly elected or appointed council members, commissioners, officers, agents, employees and volunteers of the City of Santa Clara, California, individually or collectively.

1. MINIMUM SCOPE AND LIMITS OF REQUIRED INSURANCE POLICIES.

The following policies shall be maintained with insurers authorized to do business in the State of California and shall be issued under forms of policies satisfactory to the City:
a.
b.

COMMERCIAL GENERAL LIABILITY INSURANCE POLICY ("CGL").

Policy shall include coverage at least as broad as set forth in Insurance Services Office (herein "ISO") Commercial General Liability coverage (Occurrence Form CG 0001) with policy limits not less than the following:
$1,000,000 each occurrence (combined single limit);
$1,000,000 for personal injury liability;
$1,090,000 aggregate for products-completed operations; and, $1,000,000 general aggregate applying separately to this project.

BUSINESS AUTOMOBILE LIABILITY POLICY ("BAL").

Policy shall include coverage at least as broad as set forth in Insurance Services Office Business Automobile Liability coverage, Symbol 1 "Any Auto" (Form CA 0001 ). This policy shall include a minimum combined single limit of not less than one million ($1,000,000) dollars for each accident, for bodily injury and/or property damage.
c. WORKERS COMPENSATION AND EMPLOYERS LIABILITY
INSURANCE POLICY ("WC/EL"). (A Workers Compensation Policy is required only if Lessee has employees or volunteers.)
Ground Lease/Peninsula Joint Powers Board/ Exhibit C
Rev: 12/10/04; typed: 03/18/09

These policies shall include at least the following coverages and policy limits:

1. Workers Compensation insurance as required by the laws of the State of California; and

2. Employer's Liability insurance with coverage amounts not less than one million ($1,000,000) dollars each accident/Bodily Injury (herein "BI"); one million ($1,000,000) dollars policy limit BI by disease; and, one million ($1,000,000) dollars each employee BI by disease.

2. DEDUCTIBLES AND SELF-INSURANCE RETENTIONS.

Any deductibles and/or self insured retentions which apply to any of the insurance policies referred to above shall be declared in writing by Lessee and approved by the City before work is begun pursuant to this Agreement. At the option of the City, Lessee shall either reduce or eliminate such deductibles or self-insured retentions or provide a financial guarantee satisfactory to the City guaranteeing payment oflosses and related investigations, claim administration, and/or defense expenses.

3. ENDORSEMENTS.
///
All of the following clauses and endorsements, or similar provisions, are required to be made a part of the required insurance policies indicated in parentheses below:
a. Additional Insureds The City of Santa Clara, its City Council, commissions, officers and employees are hereby added as additional insureds in respect to liability arising out of the Project, providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2010, 1985 Edition, or insurer's equivalent (CGL); b. General Aggregate The general aggregate limits shall apply separately to Lessee's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503 1985 Edition, or insurer's equivalent (CGL);
c. Primary Insurance This policy shall be considered primary insurance with respect to any other valid and collectible insurance City may possess, including any self-insured retention City may have, and any other insurance City does possess shall be considered excess insurance only and shall not be called upon to contribute with this insurance (CGL & BAL); and
d. Notice of Cancellation No cancellation shall be effective until written notice has been given at least thirty (30) days prior to the effective date of such cancellation to City at the address set forth below, except the insurer may give ten (10) days notice for non-payment of premium (CGL, BAL, WC/EL).

Ground Lease/Peninsula Joint Powers Board/ Exhibit C
Rev: 12/10/04; typed: 03/18/09

4. ABSENCE OF INSURANCE COVERAGE.

City may direct Lessee to immediately cease all activities with respect to this Agreement if the City determines that Lessee fails to carry, in full force and effect, all insurance policies with coverages at or above the limits specified in this Agreement. Any delays or expense caused due to stopping of work and change of insurance shall be considered Lessee's delay and expense. At the City's discretion, under conditions of lapse, City may purchase appropriate insurance and charge all costs related to such policy to Lessee.

5. PROOF OF INSURANCE COVERAGE AND COVERAGE VERIFICATION.

A Certificate of Insurance, on an Accord form, and implementing endorsements shall be provided to City by each of Lessee's insurance companies as evidence of the stipulated coverages prior to commencement of work under this Agreement, and annually thereafter at least ten (10) days prior to termination of existing coverage for the term of this Agreement.

City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by this Agreement at any time. All of the insurance companies providing insurance for Lessee shall have, and provide evidence of, a Best Rating Service rate of "A VI" or above.

The Certificate of Insurance and coverage verification and all other notices related to cancellation shall be mailed to:

Office of the City Clerk
Attention: Engineering Department
1500 Warburton Avenue
Santa Clara, CA 95050
Ground Lease/Peninsula Joint Powers Board/ Exhibit C
Rev: 12/10/04; typed: 03/18/09

REAL ESTATE LEASE AGREEMENT
by and between

THE CITY OF SANTA CLARA
and

PENINSULA CORRIDOR JOINT POWERS BOARD

EXHIBITD

EVENTS AT SANTA CLARA UNIVERSITY
Date
Saturday, March 21, 2009
Saturday, March 28, 2009
Sunday, April 05, 2009
Saturday, April 11, 2009
Sunday, April 26, 2009
Wednesday, April 29, 2009
Saturday, May 02, 2009
Sunday, May 03, 2009
Sunday, May 24, 2009
Saturday, May 30, 2009
Sunday, June 07, 2009
Sunday, July 05, 2009
Saturday, July 11, 2009
Sunday, July 19, 2009
Thursday, July 23, 2009
Saturday, July 25, 2009
Saturday, August 01, 2009
Sunday,August02,2009
Saturday, Auqust 08, 2009
Sunday,Auqust09, 2009
Saturday, August 22, 2009
Friday, September 18, 2009
Saturday, October 03, 2009
Wednesday, October 07, 2009
Ground Lease/Peninsula Joint Powers Board/Exhibit D
Rev: 12/l 0/04; typed: 03/18/09
Time
7:30 p.m.
7:30 p.m.
3:00 p.m.
1:00 p.m.
3:00 p.m.
7:30 p.m.
7:30 p.m.
5:00 p.m.
4:00 p.m.
7:30 p.m.
5:00 p.m.
5:00 p.m.
7:30 p.m.
5:00 p.m.
7:00 P.m.
7:30 p.m.
3:00 p.m.
12:00 p.m.
7:30 p.m.
3:00 p.m.
7:30 p.m.
8:00 p.m.
8:00 p.m.
7:30 p.m.

Page I of I
S;l.0000~ 7 2.

Ebix Insurance No. ll0007i
AMENDMENT NO. 1

TO THE AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA
AND

PENINSULA CORRIDOR JOINT POWERS BOARD

PREAMBLE
This agreement ("Amendment No. I") is made and entered into on this ').t.p+- day of-:S-VN , 2014, ("Effective Date") by and between Peninsula Corridor Joint Powers Board, Joint Powers Authority, with its principal place of business located at 1250 San Carlos Avenue, San Carlos, CA 94070 ("Lessee"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 ("City"). City and Contractor may be referred to individually as a "Party" or collectively as the "Patties" or the "Parties to this Amendment No. 1."

RECITALS
A. The Patties previously entered into an agreement entitled "Real Estate Lease Agreement", dated July 8, 2009 (the "Original Agreement"); and B. The Patties entered into the Original Agreement for the purpose of having Lessee provide additional parking for Caltrain patrons at the Santa Clara Train Station, and the Parties now wish to amend the Original Agreement to add term to the agreement and modify the rents.

The Patties agree as follows:

AGREEMENT PROVISIONS

1. AMENDMENT PROVISIONS
a. That Section 3 of the Agreement, entitled "Agreement Date and Term of the Agreement" is hereby amended to read as follows:
"For purposes of all Leasehold rights and interest created by this Agreement, the term of this Agreement shall commence on July 1, 2009. For the purpose of the calculation of rent and fees and their respected due date, the tenn of the Agreement shall commence on July l, 2009 (also known as the "Effective Date").

The term of the Agreement for the payment ofrent shall commence on the Effective Date and shall terminate eight years thereafter on June 30, 2017 ("Lease Tenn") or on the date resulting from an earlier termination as herein after set forth.

If Patties mutually agree, the Parties may elect to extend the Agreement for up to an additional two year period (i.e., June 30, 2019), subject to the execution by the Amendment No. I to Agreement/Earthquakes Soccer, LLC
Rev. 6/22/12; Typed: 2/20/14
Page I of3
Patties of a written amendment to this Agreement evidencing the extension of the Lease.

Notwithstanding the forgoing, the City may terminate this Lease with a ninety day (90) written notice if the Property is necessary for development purposes. b. That Section 44 of the Agreement entitled "Authority" is hereby added to read as follows:
"The City Manager shall have the authority to execute any necessary amendments to this agreement to extend the term as provided under the terms of this Amendment No. I"
c. That Exhibit B of the Agreement entitled "Rent Schedule" is hereby amended to read as follows:
"Rent to be paid each month shall be as follows:

Years Annual Rent Amount
1 tluu 3 $3,600
4 thru 5 $4,200
6 thru 8 $4,800
8 tlm1 10 $5,400

2. TERMS
II
II
II
II
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. I shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. I, the provisions of this Amendment No. 1 shall control.

Amendment No. I to Agreement/Peninsula Corridor Joint Powers Board Rev. 6/22/12; Typed: 02-20-2014

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Amendment No. 1 shall become operative on the Effective Date first set forth above.

CITY 01? SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
RJCI-(AE.NOSKY, JR.

City Attorney
ATTEST:

ROD DIRIDON, JR:

City Clerk
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-221 O
I•ax: (408) 241-6771

PENINSULA CORRIDOR JOINT POWERS BOARD
a Joint Powers Authority
Title: Deputy CEO
1250 Sru1 Carlos Avenue
San Carlos, CA 94070-1306
Telephone: (650) 508-6269
FAX: (650) 508-6365
Harvey
APPROVED AS TO FORM:

ULESSEE"
Amendment No. l to Agreement/Peninsula Corridor Joint Powers Doard Rev. 6/22/12; Typed: 02-20-2014

I .

Ebix Insurance No. S200002072
AMENDMENT NO. 2

TO THE AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA
AND

PENINSULA CORRIDOR JOINT POWERS BOARD

PREAMBLE
This agreement ("Amendment No. 2") is by and between Peninsula Corridor Joint Powers Board , a Joint Powers Authority , with its principal place of business located at 1250 San Carlos A venue, San Carlos , CA 94070 ("Lessee "), and the City of Santa Clara, California , a chartered California municipal corporation with its primaiy business address at 1500 Warburton Avenue , Santa Clai·a, California 95050 ("City"). City and Lessee may be referred to individually as a "Party " or collectively as the "Parties " or the "Parties to this Amendment No. 2."

RECITALS
A. The Parties previously entered into an agreement entitled "Real Estate Lease Agreement" , dated July 8, 2009 (the "Original Agreement"); and B. The Original Agreement was previously amended by Amendment No. 1, dated June 24, 2014 , and is again amended by this Amendment No. 2. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended "; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Lessee provide additional parking for Caltrain patrons at the Santa Clara Train Station, and the Parties now wish to amend the Original Agreement as Amended to extend the term of the agreement.

The Paiiies agree as follows:

AGREEMENT PROVISIONS

1. AMENDMENT PROVISIONS
That Section 3 of the Original Agreement as Amended, entitled Agreement Date and Te1m of the Agreement is hereby amended to read as follows:
"For purposes of all Leasehold rights and interests created by this Agreement, the term of this Agreement shall commence on July 1, 2009.

For the purposes of the calculation ofrent and fees and their respective due date , the term of the Agreement shall commence on July 1, 2009 (also known as the "Effective Date "). The term of the Agreement for the payment of rent shall commence on the Effective Date and shall terminate ten years thereafter on Jun e 30, 2019 ("Lease Term ") or on the date resulting from an earlier termination as hereinafter set forth.

Amendment No. 2 to Agreement/Peninsula CotTidor Joint Powers Board Rev. 02/01/15

I •
Notwithstanding the forgoing, the City may terminate this Lease with a ninety (90) day written notice if the Property is necessary for development purposes."

2. TERMS
All other terms of the Original Agreement as Amended which are not in conflict with the provisions of this Amendment No. 2 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.

3. COUNTERPART/FACSIMILE SIGNATURE
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.

Amendment No. 2 to Agreement/Peninsula Corridor Joint Powers Board Rev. 02/01/15

The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Amendment No. 2 shall become operative on the Effective Date first set forth above. · APPROVED AS TO FORM:

ROD DIRIDON, JR.

City Clerk

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
I ' lo h'-1 [LU\1
If/ Jril~
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

PENINSULA CORRIDOR JOINT POWERS BOARD
a Joint Powers Authority
APPROVED AS TO FORM:

Michael N. Connernn
Attorney
C:\Users\dng\Desktop\Amendmcnt No. 2 - PCJPB.doc
Chief Operating Officer/Rail
1250 San Carlos Avenue
San Carlos, CA 94070-1306
Telephone: (650) 508-6269
Fax: (650) 508-6365
Amendment No. 2 to Agreement/Peninsula Corridor Joh1t Powers Board Rev, 02/01/15

Ebix Insurance No. S200002072
AMENDMENT NO. 3

TO THE AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

PENINSULA CORRIDOR JOINT POWERS BOARD

PREAMBLE
This agreement ("Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Peninsula Corridor Joint Powers Board, a Joint Powers Authority (Lessee). City and Lessee may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Real Estate Lease Agreement by and between the City of Santa Clara and Peninsula Corridor Joint Powers Board", dated July 8, 2009 (the "Original Agreemenr); and B. The Original Agreement was previously amended by Amendment No. 1, dated June 24, 2014, Amendment No. 2 dated June 14, 2017, and is again to be amended by this Amendment No. 3. The Original Agreement and all previous amendments are collectively referred to herein as the "Original Agreement as Amended"; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Lessee provide additional parking for Caltrain patrons at the Santa Clara Train Station, and the Parties now wish to amend the Original Agreement as Amended to extend the term of the agreement.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AMENDMENT TERMS AND CONDITIONS
a. That Section 3 of the Original Agreement as Amended, entitled "Agreement Date and Term of the Agreement" is hereby amended to read as follows:

For purposes of all Leasehold rights and interest created by this Agreement, the term of this Agreement shall commence on July 1, 2009. For the purposes of the calculations of rent and fees and Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/18

their respective due date, the term of the Agreement shall commence on July 1, 2009 (also known as the "Effective Date").

The term of the Agreement for the payment of rent shall commence on the Effective Date and shall terminate thirteen years thereafter on June 30, 2022 ("Lease Term") or on the date resulting from an earlier termination as herein after set forth.

Not withstanding the forgoing, the City may terminate this Lease with a six month written notice if the Property is necessary for development purposes.
b. That Section 28 of the Original Agreement as Amended, entitled "Notices" is hereby amended to read as follows:

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

City of Santa Clara
Attention: City Manager's Office
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Lessee addressed as follows:

Peninsula Corridor Joint Powers Board
Attention: Gary Cardona
1250 San Carlos Avenue
San Carlos, CA 94070
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given. An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day. c. That Exhibit B of the Original Agreement as Amended, entitled "Rent Schedule" is hereby amended to read as follows:

Rent to be paid each month shall be as follows:

Years
1 through 3
4 through 5
6 through 8
9 through 10
11 through 12
13 Annual Rent Amount
$3,600
$4,200
$4,800
$5,400
$6,000
$6,600
Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018
Page2
d. That Section 16, part B, as follows, is hereby stricken and removed:

B. A certificate or certificates evidencing such insurance coverage shall be flied with the City Clerk of the City of Santa Clara prior to the commencement of the term of this Agreement, and said certificate shall provide that such insurance coverage will not be canceled or reduced without at least thirty (30) days prior written notice to the City Clerk.

At least thirty (30) days prior to the expiration of any such policy, a certificate showing that such insurance coverage has been renewed or extended shall be flied with the City Clerk. If such coverage is canceled or reduced, Lessee shall, within fifteen (15) days after receipt of written nqtice from the City of such cancellation or reduction in coverage, file with the City Clerk a certificate showing that the required
insurance has been reinstated or provided through another insurance company or companies. Upon failure to so file such certificate, the City may without further notice and at its option either:

1. Notwithstanding any other provisions of this Lease
Agreement, but subject to Section 9C, cause this Agreement to be forfeited and exercise such other rights as it may have in the event of Lessee's default, or,

2. Procure such insurance coverage at Lessee's expense and Lessee shall promptly reimburse the City for such expense.

If Lessee fails or refuses to procure or maintain insurance as required by this Lease Agreement to be procured and
maintained by Lessee, City shall have the right, at City's election, to procure and maintain such insurance for the benefit of Lessee and City. The premiums paid by City shall be treated as additional rent due from Lessee to be paid on the first business day of the month following the date on which the premiums were paid. City shall give prompt notice of the payment of such premiums, stating the amounts paid and the name of the insured(s) that shall include Lessee. d. That Exhibit C of the Original Agreement as Amended, entitled "Insurance Requirements" is hereby amended to read as follows:

Without limiting the Lessee's indemnification of the City as set forth in this Lease, and prior to entry onto the Property which is the subject of this Lease and for the entire term of this Lease, Lessee shall provide and maintain in full force and effect, at its sole cost and expense, the following Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018

insurance policies with at least the identified coverages, provisions and endorsements:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. A Commercial General Liability Insurance policy, which provides coverage at least as broad as Insurance Services Office ("ISO") "occurrence" form CG 00 01. (ed. 10/93) covering commercial general liability or its equivalent. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 combined single limit per occurrence for bodily injury, personal and property damage;
$1,000,000 minimum general aggregate which shall apply
separately to the Property which is the subject of this Lease; and

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

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella or excess liability policy maintained by the Lessee to comply with the insurance requirements of this Lease:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits.
b. There shall be no cross liability exclusion, which precludes coverage for claims or suits by one insured against another. c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with
respect to the limits of liability.
d. The policy must include a Wavier of Subrogation in favor of the City, as well as the City, its City Council, Commissions, officers, employees, volunteers and agents.
e. The policy shall include broad form contractual liability and indemnity coverage, which shall insure performance by
Lessee of the indemnity and defense provisions set forth in this Lease. The limits of said insurance shall not, however, be construed to limit the liability of Lessee under this Lease.

Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018

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

C. WORKERS' COMPENSATION

1. A Workers' Compensation Insurance Policy, as required by statute, and Employer's Liability, which provides the following limits: at least one million dollars ($1,000,000) policy limit Illness/Injury by disease, and one million dollars ($1,000,000) for each Accident/Bodily Injury.

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

3. The policy must include a Waiver of Subrogation in favor of the City, as well as the City, its City Council, commissions, officers, employees, volunteers and agents.

4. The workers' compensation insurance and the employer's liability coverage shall cover any person or entity employed directly or indirectly by Lessee, anyone whose acts Lessee may be liable for and/or any agent acting on behalf of Lessee.

D. COMMERCIAL ALL RISK FIRE AND EXTENDED PROPERTY

INSURANCE
A Commercial all risk fire and extended property policy, which is applicable to all perils and all risk of physical loss, including loss due to flood or water damage and excluding damage due to earthquake, covering the Property, in an amount equal to one hundred percent (100%) of the full replacement cost of the Property (i.e., replacement cost new, using materials of a like quality and kind as existed immediately prior to the damage or destruction and applying all currently applicable building codes and regulations). The insurance policy shall be primary and include endorsements for inflation, debris removal and demolition, building code and ordinance modification protection, and plate glass coverage with respect to the Property. City shall be shown as the "loss payee" on the insurance policy.

Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018

E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, are required to be part of the required commercial general liability policy, and any umbrella or excess policy(ies) which are intended to cover those risks:

1. Additional Insureds. The City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents as well as the Redevelopment Agency of the City of Santa Clara, where appropriate, are hereby added as additional insureds in respect to liability arising out of Lessee's maintenance and/or use of the Property using Insurance Services Office (ISO) Endorsement CG 20 2611 85, CG 20 11 01 96 or an equivalent endorsement acceptable to the City. ,

2. Primary and non-contributing. Each insurance policy provided by Lessee in compliance with the requirements included in this Exhibit, shall either contain specific primary and non contributing language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Lessee's insurance.

F. CANCELLATION.

Each insurance policy required under this Lease shall contain language or be endorsed lo reflect that no cancellation, non renewal or modification of the coverage provided shall be effective until written notice has been given to the City's insurance compliance representative by Lessee or its insurer al least thirty (30) days prior to the effective date of such non-renewal, modification or cancellation. Lessee shall, within thirty (30) days prior to the expiration of any policy, furnish City's insurance compliance representative with renewals or binders for such policy. Lessee's failure to do so will give the City the right lo secure such insurance policy and charge the cost to Lessee, which amount shall be payable by Lessee upon demand.

G. POLICY APPLICATION.

As applicable, the insurance required pursuant lo this Lease shall provide that the interests and protections of the additional insureds shall not be affected by any misrepresentation, act or omission of a named insured or any breach by a named insured of any provision in the policy which would otherwise result in forfeiture or reduction of coverage. All insurance proceeds payable from any policy of insurance (other than commercial general liability insurance) required by this Lease shall be paid to the City.

Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018 ·

H. CITY'S RIGHT IN THE EVENT LESSEE FAILS TO COMPLY WITH THESE INSURANCE REQUIREMENTS.

The provision and maintenance of the required insurance policies and endorsements described in this Lease are of critical importance to the City as security for the protection of its assets. Therefore, if at any time during the term of this Lease, Lessee fails to provide or maintain in good standing, all of the required insurance policies, provides a policy from an insurance company which fails to maintain the required A.M. Best rating, or if Lessee fails to provide any of the required policy endorsements set forth in this Lease, Lessee shall be deemed to be in breach of this Lease and City shall have the right to immediately pursue all of its available rights and remedies under the law, including but not limited to, the right to either: 1) terminate this Lease for cause; or 2) secure the required insurance policies itself at Lessee's expense.

In the event Lessee fails to comply with the insurance requirements of this Lease, City shall provide notice to Lessee describing the material noncompliance with the insurance requirements set forth in this Lease.

Lessee shall then have five ( 5) business days after the date of such notice to cure the identified non-compliance by providing City with adequate assurance that the insurance requirements have been fully met. If Lessee fails to provide City with such assurance within the specified cure period, City will have the immediate the right to pursue any of the above referenced remedies.

I. ADDITIONAL INSURANCE RELATED PROVISIONS

1. Lessee warrants that any sub-Lessees, contractors, or any other party involved with the Lease who is brought onto the Property, or who is otherwise involved in the Lease by Lessee, shall provide the same minimum commercial general liability insurance coverage and the related endorsements which are required of Lessee. Lessee agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Lease. Lessee agrees that it shall provide City with written copies of all agreements with, and insurance compliance documents provided by, such sub-Lessees, contractors and others involved in this Lease before such sub-Lessees, contractor or other person is allowed to enter onto the Property.

2. Lessee agrees to be responsible· for ensuring that no contract used by any sub--lessee, contractor or party involved in any way with this Lease reserves the right to charge City for the cost of additional insurance coverage required by this Lease. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these insurance requirements. There Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018

shall be no recourse against City for payment of premiums or other amounts with respect thereto.

J. EVIDENCE OF COVERAGE
Prior to commencement of this Lease, Lessee, and each and every subtenant and/or contractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum commercial general liability insurance coverage with the endorsements and deductibles indicated in this Lease and shall provide proof of such coverage as set forth in Section I, below. The amount of any deductibles shall be a business decision by Lessee. However, under no circumstances shall City be required to reimburse Lessee for the amount of any deductible incurred by Lessee in connection with any insured event, even if the event resulting in the claim was caused or contributed to by City or its agents, contractors, or employees.

Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and its insurance compliance representatives. Lessee shall file all Insurance certificates and policy endorsements for the required insurance policies with the City's insurance compliance representatives for approval as to adequacy of the insurance protection. Lessee shall be fully responsible for similar compliance by each and every subtenant and contractor of every tier.

K. EVIDENCE OF COMPLIANCE
Prior to the Commencement Date of this Lease, Lessee, or its insurance broker, shall provide to the City's insurance compliance representatives with the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and an ACORD form certificate of insurance (or its equivalent), evidencing all required coverage. Prior to entry on the Property, Lessee shall deliver certificates of insurance evidencing the existence and amount of such insurance, and the required endorsements to City's insurance compliance representative showing City (and any other parties designated above) as an additional insured on all policies. In the event Lessee fails to procure and maintain such insurance policies or the required endorsements, City may exercise any of its rights and remedies for breach of this Lease as set forth above. Upon receipt of a request from City or its insurance compliance representative for more specific evidence, Lessee shall submit copies of the actual insurance policies or renewals or replacements.

L. NOTICE REQUIREMENTS
All insurance certificates, endorsements, coverage verifications and other items required pursuant to this Lease shall be mailed to the directly to the City's insurance compliance representative as follows:

Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018
Page8
EBIX Inc.

City of Santa Clara City Manager's Office
P.O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
M. QUALIFYING INSURERS
In addition to the compliance documentation required under this Lease, Lessee shall provide written evidence that all of the insurance companies providing insurance for Lessee, its sub-lessees or contractor(s), have an A. M. Best rating of at least B+ or shall be an insurance company of equal financial stability. Failure of any insurance carrier to maintain this minimum rating shall provide the City the rights set forth in Section F above.

2. tERMS
All other terms of the Original Agreement as Amended which are not in conflict with the provisions of this Amendment No. 3 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.

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

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

Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
?; /''/(_,,,{/_
I f" ,;/L

BRIAN OOYLE
City Attorney
"CITY"
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

PENINSULA CORRIDOR JOINT POWERS BOARD
a Joint Powers Authority
Dated: -rr:--,;--r~c"-'---tr--------
B y (Signature): ]~~~~~~~~~=,-=·====== Name: c ard
Title: _Ccch"'i=.ef'-0=-pccec.cr=at""'in-"g,_O=-ff"-'i"'ce.=.,r_,,_, .ccR=a~il ______ _ Principal Place of 1250 San Carlos Avenue
Business Address: San Carlos, CA 94070 ~~~~~~'--'---~--------- Em a ii Address: -'b'--'o"'u"'cccha'""r-"d"'-m"'@""sc.ca=m"'tc.cra~n"'sc..c.c..coccm'--_____ _ Telephone: _(~6_50~)~5_0_8_-6_4_20 __________ _
Fax: ) ~~---------------"LESSEE"
Amendment No. 3 to Agreement/Peninsula Corridor Joint Powers Board Rev. 08/28/2018

Amendment No. 4 to Agreement/Peninsula Corridor Joint Powers Board Page 1 Rev. 10/25/19
Ebix Insurance No. S200002072

AMENDMENT NO. 4

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

PENINSULA CORRIDOR JOINT POWERS BOARD

PREAMBLE
This agreement (“Amendment No. 4”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Peninsula Corridor Joint Powers Board, a Joint Powers Authority (Lessee). City and Lessee may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Real Estate Lease Agreement by and between the City of Santa Clara and Peninsula Corridor Joint Powers Board”, dated July 8, 2009 (the “Original Agreement”); B. The Original Agreement was previously amended by Amendment No. 1, dated June 24, 2014, Amendment No. 2 dated June 14, 2017, Amendment No. 3,dated August 27, 2019, and is again amended by this Amendment No. 4. The Original Agreement and all previous amendments are collectively referred to herein as the “Original Agreement as Amended”; and
C. The Parties entered into the Original Agreement as Amended for the purpose of having Lessee provide additional parking for Caltrain patrons at the Santa Clara Train Station, and the Parties now wish to amend the Original Agreement as Amended to extend the term of the agreement.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 3 of the Original Agreement as Amended, entitled “Agreement Date and Term of the Agreement” is amended to read as follows:

For purposes of all Leasehold rights and interest created by this Agreement, the term of this Agreement shall commence on July 1, 2009. For the purposes of the calculations of rent and fees and their respective due date, the term of the Agreement shall commence on July 1, 2009 (also known as the “Effective Date”).

The term of the Agreement for the payment of rent shall commence on the Effective Date and shall terminate thirteen years and six months thereafter on Amendment No. 4 to Agreement/Peninsula Corridor Joint Powers Board Page 2 Rev. 10/25/2019
December 31, 2022 (“Lease Term”) or on the date resulting from an earlier termination as herein after set forth.

If Parties mutually agree, the Parties may elect to extend the Agreement for up to an additional two six-month periods (i.e., December 31, 2023), subject to the execution by the Parties of a written amendment to this Agreement evidencing the extension of the Lease.

Notwithstanding the forgoing, the City may terminate this Lease with a six month written notice if the Property is necessary for development purposes.

2. That Exhibit B of the Original Agreement as Amended, entitled “Rent Schedule” is hereby amended to read as follows:

Rent to be paid each month shall be as follows:

Years Monthly Rent Amount
13 through 13.5 $6,600

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

Amendment No. 4 to Agreement/Peninsula Corridor Joint Powers Board Page 3 Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara

RAJEEV BATRA
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

PENINSULA CORRIDOR JOINT POWERS BOARD
a Joint Powers Authority

Dated:

By (Signature):

Name: Michelle Bouchard
Title: Chief Operating Officer, Rail
Principal Place of
Business Address:
1250 San Carlos Avenue
San Carlos, CA 94070
Email Address: [email protected]
Telephone: (650) 508-6420
Fax: ( )
“LESSEE”

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-746 Agenda Date: 6/21/2022

REPORT TO COUNCIL

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

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

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

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

Estimate Number: 36477
Location: 630 Laurelwood Road
Type of Service: New Business
Description of Work: 25 kVA transformer, 2-100a cut-outs, 2-5a fuses, 1-200a meter.

Estimated Cost: $2,365
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37248
Location: 2499 El Camino Real
Type of Service: New Business
Description of Work: Install (1) 500 kVA padmount transformer, approximately 150' of 1/0 aluminum cable, (6) bridge tap splices, (6) bridge tap elbows, secondary City of Santa Clara Printed on 6/17/2022Page 1 of 3
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22-746 Agenda Date: 6/21/2022
connectors and 800A 277/480V metering devices.

Estimated Cost: $26,703
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 36234
Location: 90 N. Winchester Boulevard
Type of Service: New Business
Description of Work: Remove 1000' high volt conductor, (6) air fuses, (6) cutouts. Install (2) air switches, (3) pad switches, (2) pad transformers, 4300' high volt conductor, 200' low volt conductor, (39) termination elbows, (42) splices, (4) connectors, (168) service meters.

Estimated Cost: $337,921
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37945
Location: 70 N. Winchester Boulevard
Type of Service: New Business
Description of Work: Install 180' low voltage underground conductor, (3) underground connectors, and (3) 200amp meters.

Estimated Cost: $3,950
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution

ENVIRONMENTAL REVIEW
The actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15302(c) (Class 2 - Replacement or Reconstruction) because they involve the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $370,939 are included in the Fiscal Year 2021/22 and 2022/23 Capital Budgets, New Business Estimate Work project in the Electric Utility Capital Fund.

All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 6/17/2022Page 2 of 3
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22-746 Agenda Date: 6/21/2022
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 report to council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution authorizing the use of City Electric Forces for work as described above at 630 Laurelwood Road, 2499 El Camino Real, 90 N. Winchester Boulevard, and 70 N. Winchester Boulevard.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution - Use of City Electric Forces
City of Santa Clara Printed on 6/17/2022Page 3 of 3
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310

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

WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by resolution adopted by at least four affirmative votes, determines that the public work may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated June 21, 2022, by its own employees; and, WHEREAS, the City Council has declared and determined that the public work in question may be performed better or more economically by the City with its own employees.

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

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the 22-746 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///

///

///
Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: June 21, 2022, Report to Council #22-746

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-157 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Making Certain Findings and Determinations and Taking Certain Actions Related to Aligning Existing Reserves of the Electric Utility With the City’s Current Budget and Fiscal Policies for Utility Funds Reserves

COUNCIL PILLARS
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Reserves serve as an important resource for an organization to manage risk and be financially solvent. To cover shortfalls in operating revenues, address unforeseen operating and capital expenditures, cover day-to-day operating costs during emergency situations, maintain strong bond ratings, and ease the burden on ratepayers associated with large rate increases, the City has established certain budget and fiscal policies for the maintenance of reserves in the City funds including utilities funds. In addition, cash levels are regularly evaluated by rating agencies and investors to be used in establishing SVP’s credit rating.

The City’s Electric Utility, Silicon Valley Power (SVP), currently has four reserve policies currently held as cash reserves:
1) Operating Cash Policy
: In August 1997, Council approved an Operating Cash Policy for the Electric Utility, including a requirement to maintain a minimum of 60 days retail revenue (approximately $34 million) and 60 days of net wholesale transactions (approximately $31 million) for a total of $65 million in cash.
2) Rate Stabilization Reserve
: In January 1996, City Council adopted Resolution No. 6106 approving the establishment of a separate account in the Electric Utility of the City, known as the “Rate Stabilization Fund Reserve.” This Electric Utility Rate Stabilization Fund is also included in the City’s Subordinated Electric Revenue Bond Indentures dated March 1, 2011. As such, the City is obligated maintain the Electric Utility Rate Stabilization Fund so long as any City Electric Bonds remain outstanding.
3) Cost Reduction Fund
: In December 2010, City Council adopted Resolution No. 10-7806 authorizing the transfer of the existing balance of the Cost Reduction Fund of the Electric Utility to the Electric Utility Rate Stabilization Fund as a subaccount of the Rate Stabilization Fund. 4) DVR Plant Operations Reserve
: In December 2004, the City Council approved the establishment of a DVR Plant Operations Reserve for the Electric Utility in an amount up to $4,120,000 to provide a reserve for the handling of circumstances requiring immediate action to prevent or minimize City of Santa Clara Printed on 6/17/2022Page 1 of 3
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22-157 Agenda Date: 6/21/2022
downtime of the Donald Von Raesfeld Power Plant (DVR).

DISCUSSION
After a change in accounting method in the Fiscal Year 2019/20 budget, SVP performed an analysis evaluating the utilities’ existing cash reserve policies, structure, and targets. This analysis consisted of identifying best practices in the industry, determining regulatory requirements, reviewing bond requirements, and evaluating policies of other municipal electric utility agencies. In addition, staff, along with bond counsel, have reviewed all Electric Revenue Bond Indentures to ensure that the City meets its obligations associated with any outstanding City Electric Bonds. Updating the Electric Utility reserve policies proactively establishes reserves that better align with the system needs given the significant projected growth that is expected to nearly double the load of the utility.

SVP and Finance staff have developed the following recommendations on the reserve levels for the City’s utility funds which is included in the Budget and Fiscal Policies Section of the Fiscal Year 2022/23 and Fiscal Year 2023/24 Proposed Biennial Capital Budget. ● Operations and Maintenance Reserve
: This reserve is used to cover day-to-day expenses,
address unforeseen cost increases or revenue shortfalls, and protect against emergency financial crises or disaster situations. The reserve target is equal to the cost of the individual utility’s operations for three months (90-day working capital reserve). Due to large fluctuations and variability in the energy market, the Electric Utility Operations and Maintenance Reserve has a target ranging from 90 to 180 days of operations.

The Operations and Maintenance Reserve serves the same purpose as the existing Operating Cash Policy. Therefore, staff recommends rescinding the existing Operating Cash Policy and replacing it with this Operations and Maintenance Reserve. ● Rate Stabilization Reserve
: This reserve is used to absorb short-term revenue shortfalls and is designed to stabilize utility rates and avoid wide swings in rates charged to utility customers over time. The minimum reserve target is a balance equal to 10% of each utility’s projected current year rate payer revenue. For the Electric Utility, the Rate Stabilization Reserve, together with the Operations and Maintenance Reserve (as described above), comprise the Electric Utility Rate Stabilization Fund established and maintained by the Electric Utility for purposes of its bond indenture.

The Rate Stabilization Reserve serves the same purpose as the existing Rate Stabilization Reserve and Cost Reduction Fund. Therefore, staff recommends rescinding the existing two reserves and replacing it with this single Rate Stabilization Reserve. ● Infrastructure Reserve
: This reserve is used to support each utility’s CIP or fund unforeseen and unbudgeted capital costs. The reserve target is equal to an average annual CIP budget, as calculated over a 48-month period of budgeted CIP expenses as presented in the Biennial Capital Improvement Program Budget. At minimum, the target is to reserve 20% of the average annual CIP budget amount. For the Electric Utility, this reserve is based on an analysis of critical infrastructure, the likelihood for replacement, and the estimated replacement costs, evaluated regularly by SVP. Staff recommends discontinuing the DVR Plant Operations Reserve and replacing it with the Infrastructure Reserve provided for in the Current City Utility Funds Reserves Policies.

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22-157 Agenda Date: 6/21/2022
● Special Projects Reserve : This reserve sets aside funds for large or longer-term CIP projects or other special purposes to lessen fluctuations in rates and support long-term planning efforts.

While no general target is established for this reserve, the amounts will be established by each utility based on need. There is no recommended action for this reserve. As there are recommendations, they will be addressed through the budget process.

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

FISCAL IMPACT
The FY 2022/23 Proposed Budget for the Electric Utility Operating Funds incorporates the proposed changes to the reserve policy. Future proposed budgets will also incorporate these changes.

Adoption of this resolution will enable the Electric Utility to continue maintaining sufficient reserve amounts while providing greater flexibility in cash management and complying with Electric Revenue Bond Indenture.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution making certain findings and determinations and taking certain actions related to aligning the existing reserves of the Electric Utility with the City’s current Budget and Fiscal Policies for Utility Funds Reserves.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Proposed Resolution
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Resolution/SVP Utility Funds Fiscal Policy Page 1 of 4
Rev: 11/22/17

RESOLUTI
ON NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

MAKING CERTAIN FINDINGS AND DETERMINATIONS

AND TAKING CERTAIN ACTIONS RELATED TO ALIGNING

EXISTING RESERVES OF THE ELECTRIC UTILITY WITH THE
CITY’S CURRENT BUDGET AND FISCAL POLICIES FOR

UTILITY FUNDS RESERVES

BE IT RESOL
VED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, as set forth in the City’s biennial budget, the City has established certain budget and fiscal policies for the maintenance of reserves in the City Utilities Funds, including the following (i) operations and maintenance reserve, (ii) infrastructure reserve, (iii) rate stabilization reserve, and (iv) special projects reserve (the “Current City Utility Funds Reserve Policies”); WHEREAS, as more fully described below, the Electric Utility has established and maintains certain funds and cash reserves pursuant to previously adopted policies and actions and in accordance with its Electric Revenue Bond Indenture (as hereinafter defined); WHEREAS, pursuant to Resolution No. 6106 adopted by the City Council on January 16, 1996, the City Council has previously approved the establishment of a separate account in the Electric Utility of the City, known as the “Rate Stabilization Fund Reserve;” WHEREAS, pursuant to motion made, seconded and unanimously carried on September 4, 2001, the City Council has previously approved a cash balances policy for the Electric Utility to maintain a minimum of $65 million in the Electric Utility Operating Cash; WHEREAS, pursuant to motion made, seconded and unanimously carried on December 14, 2004, the City Council has previously approved the establishment of a DVR Plant Operations Reserve for the Electric Utility in an amount up to $4,120,000 to provide a reserve for the handling of circumstances requiring immediate action to prevent or minimize downtime of the Donald Von Raesfeld Power Plant;
WHEREAS, pursuant to the City’s Subordinated Electric Revenue Bond Indenture, originally dated as of March 1, 1998 and subsequently amended and restated as the Amended and Resolution/SVP Utility Funds Fiscal Policy Page 2 of 4
Rev: 11/22/17
Restated Electric Revenue Bond Indenture, dated as of March 1, 2011 (the “Electric Revenue Bond Indenture”), by and between the City and The Bank of New York Mellon Trust Company, N.A., as trustee, under which the City’s electric revenue bonds (“City Electric Bonds”) are issued, the City has established, as a continuation (and in replacement) of the Rate Stabilization Fund Reserve created by Resolution No. 6106, the City of Santa Clara Electric Utility Rate Stabilization Fund (the “Electric Utility Rate Stabilization Fund”); WHEREAS, pursuant to the Electric Revenue Bond Indenture, the City is obligated maintain the Electric Utility Rate Stabilization Fund so long as any City Electric Bonds remain outstanding; WHEREAS, pursuant to Resolution No. 10-7806 adopted by the City Council on December 7, 2010, the City Council authorized the transfer of the then-existing balance of the Cost Reduction Fund of the Electric Utility to the Electric Utility Rate Stabilization Fund as a subaccount of such Electric Utility Rate Stabilization Fund, which subaccount is no longer needed to be maintained within said fund;
WHEREAS, the Electric Revenue Bond Indenture allows for amounts on deposit in the Electric Utility Rate Stabilization Fund to be utilized as “Adjusted Net Revenues” of the Electric Utility for purposes of satisfying the rate covenant of the City under the Electric Revenue Bond Indenture in connection with City Electric Bonds, which provides flexibility to the City in the timing and amount of Electric Utility rate increases; and,
WHEREAS, in light of the Current City Utility Funds Reserve Policies and in order to maintain continuity in the composition of the Electric Utility Rate Stabilization Fund for purposes of the Electric Revenue Bond Indenture, it is necessary and desirable for the City to take certain actions and to make certain findings and determinations with respect thereto and to its prior reserve policies.

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

1. That the cash balances policy for the Electric Utility to maintain a minimum of $65 million Resolution/SVP Utility Funds Fiscal Policy Page 3 of 4
Rev: 11/22/17
in the Electric Utility Operating Cash established by action of the City Council on September 4, 2001 is hereby rescinded and replaced by the operations and maintenance reserve provided for in the Current City Utility Funds Reserves Policies, and

2. That the DVR Plant Operations Reserve established by action of the City Council on December 8, 2004 is hereby discontinued and replaced by the infrastructure reserve provided for in the Current City Utility Funds Reserves Policies, and

3. That the maintenance of a subaccount within the Electric Utility Rate Stabilization Fund known and referred to as the Cost Reduction Subaccount, as permitted by Resolution No. 10- 7806 of the City Council adopted on December 7, 2010, is hereby discontinued, and

4. T hat the operations and maintenance reserve and the rate stabilization reserve of the Electric Utility provided for in the Current City Utility Funds Reserves Policies are and shall be maintained as unrestricted funds of the Electric Utility available for the purposes of, among other things, paying operating expenses and debt service costs of the Electric Utility, and

5. That the operations and maintenance reserve and the rate stabilization reserve of the Electric Utility provided for in the Current City Utility Funds Reserves Policies shall be held as, and shall together comprise, the Electric Utility Rate Stabilization Fund established under the City’s Electric Revenue Bond Indenture, and
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Resolution/SVP Utility Funds Fiscal Policy Page 4 of 4
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6. Effective date. This resolution shall become effective July 1, 2022.

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-761 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Authorizing the Use of City Electric Forces for New Dark Fiber Installations at Various Locations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Charter Section 1310 titled Contracts on Public Works states, in part, “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.” In 2014, Silicon Valley Power (SVP) developed a position called Fiber Splicing Technician as an in- house position to primarily perform maintenance and repairs to meet the fiber performance standards of then existing fiber customers that includes both City departments as well as commercial lease customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning and positioning fiber optic equipment to prepare for a new connection to the fiber network. Fiber Splicing Technicians perform fusion splicing at building entrances and in maintenance space. At this time, SVP employs two Fiber Splicing Technicians.

DISCUSSION
Currently, the SVP Fiber Enterprise serves SVP, other City department functions, and various commercial lease customers. As the work is specialized, the position of Fiber Splicer Technician performs a variety of activities from maintenance and repair to new or re-spliced interconnections to the SVP Fiber Enterprise. Each interconnection can be unique involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network. Technician time is tracked hourly and not on a per fiber basis.

Large or extensive projects involving extending fiber cable being laid along new paths or great distances or adding conduit or related infrastructure are done using a previously bid unit price Public Works contract with a private construction contractor. SVP spends up to $1 million per year on this public works contract for new Fiber network construction and certain maintenance and repair activities.

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Staff believes that the Fiber Splicer Technician work that may be required in new construction projects is best and most efficiently performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining and repairing the fiber optic system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council make a finding that City forces can better perform the Fiber Splicing and related equipment installation, splicing and connections to the existing SVP Fiber infrastructure and approve the use of City forces.

Estimate Number: FWM#1471
Location: 1150 Walsh Avenue
Type of Service: Electric Utility Infrastructure
Description of Work: Splice, terminate and test 2x72 Fiber cable in existing ducts to Oaks Junction Communication Cabinets.

Estimated Cost: $1,887
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development, Design, and Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1047
Location: 500 Benton Street
Type of Service: Water Utility Infrastructure
Description of Work: Splice, terminate and test fibers at 500 Benton St Estimated Cost: $2,359
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development, Design, and Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1049
Location: 351 Brokaw Road
Type of Service: Water Utility Infrastructure
Description of Work: Splice, terminate and test fibers at 351 Brokaw Road Estimated Cost: $2,359
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development, Design, and Expansion
Source of Revenue: Developer Contribution
Estimate Number: FWM#1357
Location: 6280 America Center Drive to 1350 Duane Avenue Type of Service: New BusinessDescription of Work: Splice, terminate and test fibers from 6280 America Center Drive to 1350 Duane Avenue
Estimated Cost: $5,299
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development, Design, and Expansion
Source of Revenue: Developer Contribution

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

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $11,904 are included in the Fiscal Year 2021/22 and 2022/23 Capital Budget, Fiber Development, Design, and Expansion project in the Electric Utility Capital Fund.

All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution authorizing the use of City Electric Forces for New Dark Fiber Installations as described above at 1150 Walsh Avenue, 500 Benton Street, 351 Brokaw Road, and 6280 America Center Drive to 1350 Duane Avenue.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

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

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AUTHORIZING THE USE OF CITY ELECTRIC FORCES
PURSUANT TO CHARTER SECTION 1310

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

WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by the adoption of a resolution passed by at least four affirmative votes, determines that the public work may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated June 21, 2022, by its own employees; and, WHEREAS, the City Council has declared and determined that the public work in question may be performed better or more economically by the City with its own employees.

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

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works set forth in the 22-761 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees. ///

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: June 21, 2022 Report to Council #22-761.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-732 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Consideration of the Schematic Design-Master Plan for the New Public Neighborhood Park proposed to be located at 1205 Coleman Avenue (Gateway Crossings Hunter Storm & Holland Partner Group Residential Project)

COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets

BACKGROUND
On July 9, 2019, the Santa Clara City Council approved the Hunter Storm Gateway Crossings mixed- use development located at 1205 Coleman Avenue (Project). The Project encompasses approximately 21.4 acres and is bounded by Brokaw Road to the north, Coleman Avenue to the east, a parking lot and undeveloped land to the south, and a storage area and railroad tracks to the west.

Most of the Project site is in the City of Santa Clara and is part of a larger 244-acre Santa Clara Station Focus Area in the City’s General Plan. The Santa Clara Station Focus Area will serve as a gateway into the City with office, hotel, retail, and high-density residential uses that maximizes the use of existing and planned transit and provides for improved pedestrian, bicycle, and transit connections.

The Project is approved to construct 1,565 apartment units and will meet its parkland dedication requirements through a 2.01-acre public neighborhood park (Phase I) and a 0.53 acre (22,972 sf) mini park (Phase II), as well as private on-site recreational amenities, and payment of City Mitigation Fee Act fees due in-lieu of parkland dedication in compliance with City Code 17.35. Both public parks will be designed and constructed by the developer and dedicated to the City in fee title and will be maintained by the developer after dedication for the life of the project per the Development Agreement.

Initial Park Schematic Design Review & Approval
In 2019, an initial schematic design for the two-acre public neighborhood park parcel was developed by The Guzzardo Partnership, Inc., landscape architects (Attachment 1). The schematic design proposed: a natural grass play field, an enclosed off-leash dog area, play apparatus for children ages 2-5 and 6-12, benches, basketball court, fitness area, family picnic area with tables and BBQs, pathways, trees, and landscaping. The park design was reviewed by the Parks & Recreation Department as part of the City’s project application and review process. The proposed schematic design met the Parks & Recreation Department’s public park design requirements: an inclusive, age- friendly, sustainable design; playgrounds for ages 2-5 and 6-12, that contain all developmentally appropriate elements of play; provision of safe routes to and through the park and connectivity to adjacent uses with public access from public right of way; off street parking; an adjacent restroom; place-making & art features; natural habitat value; use of an approved plant palette; support of a City of Santa Clara Printed on 6/17/2022Page 1 of 7
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diverse/active recreation program for the immediate neighborhood needs; and, addresses efficient operation and lifecycle maintenance considerations.

On October 15, 2019, the Parks & Recreation Commission reviewed the developer’s entitled park elements and schematic design. The design was found to be in conformance with the Development Agreement section 4.12, the Landscape sheets L1.1 and L1.2, and Project Conditions of Approval PR1-PR7 and met the Department’s park design criteria. The Commission recommended Council approval of the proposed schematic design as presented without a basketball court.

On January 15, 2021, Council deferred the Commission recommendation to allow for further community outreach and input on the schematic design of the Neighborhood Park. The new project developer for Phase I of the mixed-use development, Holland Partner Group, hired Petersen Studio to conduct additional community outreach and to develop a new schematic design while addressing the existing project entitlements, site constraints, and City park design standards.

Additional Community Input
On July 7, 2021, Holland Partner Group and Petersen Studio held a community meeting via a remote meeting platform. The meeting was advertised on the City website, through communication channels, and public notices were sent to Old Quad, interested parties, and to identified properties within 1,000 feet of the project location. There were over 30 attendees and panelists. The meeting included a presentation (Attachment 2) and opportunities for questions and clarification. On July 20, 2021 the developer made a presentation to the Parks & Recreation Commission (Attachment 3) and received public comment.

A community input survey was posted on the City website from July 8, 2021 through August 4, 2021, with a link to the Community Meeting presentation. The survey had 362 visitors with 280 responses which accounts for 14 hours of public comment. The Project team also attended the August 21, 2021 “Celebrate Santa Clara” special event in Central Park recording over 250 additional community contacts. The design team printed the survey questions and images on boards, and community members were asked to add a sticker on their preferred response. The pattern of responses on the survey boards was similar to the on-line survey responses.

Respondents favored the following: increasing the shade at the edges of the park (44%) and integrating active park elements with the lawn (38%); utilizing natural features for the play areas such as rocks, hills and logs (64%); and including interactive art element to engage visitors (62%). The responses were more diffuse on the type of garden planting to be included in the park design, with slightly more respondents favoring rain gardens/stormwater infiltration areas (28%), and an herb garden at dining/BBQ areas (28%). Overall, respondents favored an “informal” park design (53%).

Demographically, the online survey indicated that respondents were 37% aged 35-49, and 51% were aged 50 and older, while 54% of respondents reported being in the 95050 ZIP code area.

On November 16, 2021, the Holland Partner Group provided the Parks & Recreation Commission with a presentation (Attachment 4) summarizing the community feedback received to date and requested additional public input on two Park Program Diagrams that integrated the community feedback for the Neighborhood Park. The Commission had the opportunity to ask questions, receive public comments, and provide input.

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Petersen Studio with the proposed schematic design master plan. A notification about the meeting was sent to stakeholders by email on April 14 and 15, 2022. The City was informed that there was inadequate communication to all stakeholders and those who had requested notification did not receive it. In an effort to allow for more outreach and additional time for public review of the proposed schematic design, the Commission tabled the item for consideration on May 17, 2022.

DISCUSSION
On May 17, 2022, the Parks & Recreation Commission received a presentation by Petersen Studio of the proposed schematic design master plan (Attachment 6). Ahead of the meeting, multiple communications were sent to various stakeholders and those opting in to receive notification regarding the park project. During the meeting, the public comments and questions summarized below were addressed:

1. Off Leash Dog Area. The off-leash dog area seems to be in a prominent location in the park.

Can the off-leash dog area be moved to another location or phase of development? Doesn’t the location obstruct the connection between the future transit oriented linear park and the main neighborhood park? Could the Gateway Crossing neighborhood just use the Raymond G. Gamma Dog Park at Reed and Lafayette? One resident liked the integration of the off- leash dog area into the park.
o There will be a significant demand for an Off-Leash Dog Area at the Gateway Crossings Neighborhood Park based on approximately 1,500 residential units within a 2-minute walk of the park. Holland Partner Group (project developer) noted that approximately 40% of their typical residents are pet owners and over half tend to own dogs. This yields an estimated 300 dogs in the immediate neighborhood and translates into a few hundred visits to the Off-Leash Dog Area each day.
o An off-leash dog area is necessary to provide the new neighborhood residents a pet relief area. It is the experience of the developer, designer and Parks & Recreation Department that in dense residential neighborhood settings, if a well-defined and designed off leash dog area is not provided, then the entire park maybe used for this purpose which may create additional conflicts in use and difficulty in enforcement of leash and clean up requirements.
o The Off-Leash Dog Area is appropriately located and sized (perhaps slightly undersized) for this anticipated resident dog population. The schematic design addresses the visual concerns by providing a sufficiently thick planting/hedge area to buffer the adjacent park uses and taller trees for shade and corner prominence. Concerns regarding smell is ameliorated by using synthetic turf, and incorporating an irrigation/sanitary flushing system. o All program elements at Gateway Crossings Neighborhood Park are designed and scaled to accommodate the recreational needs of the surrounding (future) neighborhood and designed considering prior community input and research based best practices, including the off-leash dog area.
§ The Community Input Summary presented on November 16, 2021 at the Parks & Recreation Commission Meeting demonstrates clear community demand for an Off-Leash Dog Area at the Neighborhood Park: “Dog Walking and Play” was the 3
rd highest Community Priority for Activities to be integrated into the park. § While some neighborhood residents may enjoy long walks with their dogs, most community dog owners drive to the Raymond G. Gamma Dog Park and/or the Larry Marsalli Park Off Leash Dog Area). It is unrealistic to assume that Gateway City of Santa Clara Printed on 6/17/2022Page 3 of 7
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Crossings residents will walk their dogs to a remote Dog Park a mile away (2- mile round trip walk) on a daily basis. Furthermore, there is no direct, easily navigable route to the Raymond G. Gamma Dog Park, which is located on the opposite side of the De La Cruz Boulevard-Coleman Avenue interchange from Gateway Crossings.
§ It is typical for neighborhood parks in high-density residential areas to integrate off-leash dog areas.
§ If a dedicated off-leash dog area is not provided in the park, the entire park and surrounding streetscapes will likely be used for pet relief and pet exercise, which will undermine the character and quality of the park experience for all park users and create significant maintenance impacts.
§ Regarding location and design, several park uses are incompatible with off-leash dogs such as outdoor dining (Tavern on the Green) the play area, and natural grass event lawn. Providing a separate dedicated fenced off-leash dog area is a best practice for minimizing park use conflicts and dog-related maintenance issues, as well as supporting the other park uses.
§ Pet ownership increased substantially during the pandemic with nearly 1 in 5 households nationwide adopting a pet during this period according to the American Society for the Prevention of Cruelty to Animals (ASPCA) https:www.washingtonpost.com/business/2022/01/07/covid-dogs-return-to- o The park design integrates strong circulation and programmatic connections to the Linear Park in two ways. First, a significant plaza has been integrated at the southeast corner of the park to serve as an activity stepping-stone that draws Linear Park activity into the Neighborhood Park. Second, a primary park path extends the Linear Park Promenade directly through the center of the park as a winding desire line that links all major park activities directly to the Linear Park Promenade. The Southeast Plaza is one of four large corner plazas at the intersection of Wondo Way and Chastain Avenue. The abundant programmable hardscape of these four corner plazas is complemented by the garden threshold surrounding the dog area, and by the activity of the dog area itself.

The dog area will likely be one of the most active park areas and become another activity stepping stone linking the Linear Park to the Neighborhood Park. Locating this activity near the corner will help animate the 4-corner plazas and surrounding streetscapes. The dog area and surrounding garden threshold also provide a buffer between the Linear Park Promenade, which will have a more active urban character, and the more quiet and relaxing character of the Neighborhood Park. § The off-leash dog area has been designed and positioned to integrate with the overall park design and experiences.
§ The location maximizes separation from the outdoor dining at the future Tavern on the Green and from the environmental play area - to prevent park use conflicts. Any other location within the park would bring the off-leash dog area closer to these conflicting uses.
§ A garden buffer encloses all edges of the off-leash dog area - physically containing the dog activity while allowing for some visibility of the dog activity from surrounding streetscapes, the adjacent Southeast Plaza, and the central lawn.
§ Artificial turf surfacing allows for frequent washdown of surface to manage City of Santa Clara Printed on 6/17/2022Page 4 of 7
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potential odor issues.
§ Fenced enclosure with double gate “airlock” prevents dogs from freely running throughout the park.
§ Access is provided from the perimeter of the park so dog owners can use the Dog Area without passing through the center of the park or utilizing interior park paths, thereby minimizing potential park use conflicts.

2. Are additional safety features integrated into the Rickabaugh Way mid-block crossing to provide park patrons safe convenient access to the park-serving restroom located in Building 1 (north of Rickabaugh Way)?
o The Rickabaugh Way mid-block crossing could receive significant pedestrian activity.

The Project Design Team includes a Civil Engineer who will review the comment and integrate appropriate pedestrian safety enhancements at this crossing.

3. Sightlines from the grass lawn into the Picnic Pavilion could be improved by shifting or removing 2 trees. Clear sightlines are important when the Pavilion is used for community events, such as outdoor movies.
o The Picnic Pavilion and adjacent picnic lawn are explicitly designed to accommodate community activities and events. The Design Team will review sightlines in the 3D model and adjust trees as needed to preserve clear sightlines from key audience seating areas on the adjacent Picnic Lawn.

4. Several community members stated that they were pleased with the number of trees integrated into the park for shade, aesthetics, and mitigation of heat island effects. o The Petersen Design Presentation emphasized the importance of tree shading to the park character and uses, and the concept of the park-wide grove of trees was derived from prior community input.

5. Will there be a drinking fountain with a bottle filler in the park? o Yes, there will be an accessible drinking fountain in the park near the Picnic Pavilion and environmental play area. There will be a second drinking fountain with a dog bowl in the Off-Leash Dog Area. Both will be selected in Design Development Phase and approved by Parks & Recreation in conformance with ADA and City design standards and specifications for parks, which do include a bottle filler option.

6. Will recycled water be used to irrigate the park?
o Recycled water will be used for all park landscape irrigation, creating a high degree of water sustainability. Potable water use in the park will be limited to the drinking fountains and cleaning/sanitizing if needed.

7. Two comments were received related to the potential chemicals (PFAS) in the resilient safety surfacing at the Play Area and/or artificial turf at the Off-Leash Dog Area. o The design team has reviewed the concern and will continue to follow research-based best practices in the identification and selection of appropriate park surfacing materials.

Given that the Play Area and the Off-Leash Dog Area are high use/high traffic areas and have specific impact attenuation, ADA compliance, lifecycle wear and sanitation requirements, synthetic turf is an appropriate application. The other surfacing types City of Santa Clara Printed on 6/17/2022Page 5 of 7
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such as sand, grass or natural fibar do not meet the use requirements and conditions of these two areas. All materials and products must meet the Federal Consumer Product Safety Commission guidelines as well as other health and safety codes. The City will continue to review synthetic turf-related research and product manufacturing concerns.

8. The Walking Loop is a wonderful way to activate the entire perimeter of the park. o The Petersen Design Team noted that the Walking Loop will integrate social and recreational nodes and engage all park program areas. The walking loop was community priority.

9. The park design should anticipate Phase 2 buildout including significant additional retail as well as the future Tavern on the Green.
o The park has been programmed and designed in anticipation of the full buildout of the neighborhood, including the future Tavern on the Green. The primary purpose is to address the neighborhood residents’ public park needs. While the Tavern and other retail and commercial activities are located on private parcels adjacent to or across a street from the neighborhood park, private commercial activities are incidental to the primary purpose of the public neighborhood park program, uses, and schematic design.

10.Several community members conveyed their satisfaction with the extensive community input process, and significant progress that had been made over the past year; the park design clearly reflects the extensive community feedback.
o Speakers were thanked for their participation in the process.

After public comment and discussion, the Commission recommended that Council approve the proposed (new) Schematic Design-Master Plan for the New Public Neighborhood Park to be located at 1205 Coleman Avenue (Gateway Crossings Project) with the additional condition that additional safety and accessibility considerations be implemented for the crosswalk between the Park and the Restroom on Rickabaugh Way.

On June 21, 2022, Council will consider the Parks & Recreation Commission’s recommendation made on May 17, 2022. As noted above, on January 15, 2021, Council deferred action on the previous Parks & Recreation Commission recommendation and directed staff to allow for further community outreach and input on the schematic design of the Neighborhood Park, particularly from the City’s Old Quad area. The new schematic design as recommended by the Parks & Recreation Commission has included extensive additional public outreach, participation, and input. Overall, the recommended neighborhood park schematic design is supported by the community and staff. As designed, the new neighborhood public park will meet the needs of the new residents in the immediate neighborhood and reduce potential impacts on the City parks system. In addition, the previously approved private on-site recreational amenities complement the public park program.

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. The activity covered by this residential development project is consistent with the FEIR that the City certified on December 4, 2018 (after January 1, 1980).

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FISCAL IMPACT
There is no fiscal impact to the General Fund for the current action. The developer will develop the alternative design to City standards, construct the public park improvements to Code, and maintain the park in perpetuity, at no cost to the City.

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

PUBLIC CONTACT
Community outreach and input in 2021 included three (3) community meetings, one (1) community online survey with 362 visitors and 280 responses and one (1) community event at Celebrate Santa Clara in Central Park where feedback was received from an additional 250 members of the public. In 2022, there were two public reviews by the Parks & Recreation Commission with citywide notice and specific notice to persons opting in to receive a notification.

Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. In addition, lists were compiled from previous public meetings, and requests and email and enotify were sent regarding the upcoming commission meeting(s). A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>
or at the public information desk at any
City of Santa Clara public library.

RECOMMENDATION
That Council approve the proposed Schematic Design-Master Plan for the New Public Neighborhood Park to be located at 1205 Coleman Avenue (Gateway Crossings Project) inclusive of added cross walk safety measures on Rickabaugh Way.

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

ATTACHMENTS

1. Neighborhood Park Schematic Design October 15, 2019

2. Community Presentation July 7, 2021

3. Commission Presentation July 20, 2021

4. Schematic Design Presentation for November 16, 2021

5. 1205 Coleman Avenue Neighborhood Park - Schematic Design Update (05-17-22) City of Santa Clara Printed on 6/17/2022Page 7 of 7
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SHEETT/TLE
Schematic
Landscape Plan -
Neighborh ood Park

SHEET NUMBER
L-1.0
■ THE GUZZARDO
PARTNERSHIPtNC.
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PETERSEN STUDIO
COMMUNITY MEETING + SURVEY
July 07, 2021

GATEWAY CROSSINGS

NEIGHBORHOOD PARK

Holland Partner Group
• Specializes in development and
management of multifamily
communities
• Based in Vancouver, WA
• Active in all major West Coast
cities
• Focus on transit-oriented infill
locations
Gateway Crossings Overview
• 1,565 residential units
• 225-room hotel
• 45,000 SF of retail
• 0.6-acre paseo
• 2.0-acre neighborhood park
• Gateway Crossings project approved by City Council in July 2019 • Parks & Recreation Commission reviewed schematic design on October 15th 2019 and recommended City Council approval • City Council discussed the park and asked the project team to seek further community input
Park History
CARUTHERS NEIGHBORHOOD PARK, PortlandBELO GARDEN, Dallas DISCOVERY GREEN, Houston WATERFRONT PARK, San Diego
JACOB PETERSEN Public Park Leadership

GATEWAY CROSSINGS CONTEXT PLANPETERSEN STUDIO
Park

STATION AREA PLAN BOUNDARY

SAN JOSE INTERNATIONAL AIRPORT

FITNESS

FITNESS
COWORK
COWORK

LEASING

LEASING
0’ 80’

PETERSEN STUDIO PARK AND STREETSCAPE ACTIVATION
RR
PUBLIC

RESTROOM

CHASTAIN PLACE

RICKABAUGH WAY

WONDO WAY

ON-STREET PARKING

ON-STREET PARKING

PARKING

ON-STREET PARKING
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COWORK
COWORK

LEASING

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0’ 80’

PETERSEN STUDIO ON-STREET AND SHARED GARAGE PARKING

CHASTAIN PLACE

ON-STREET PARKING

RICKABAUGH WAY

WONDO WAY

ON-STREET PARKING
106 SHARED STALLS

GUEST, RETAIL, PARK
(GENERAL LOCATION)
59 SHARED STALLS

GUEST, RETAIL, PARK
(GENERAL LOCATION)
165 SHARED PARKING STALLS

IN ADJACENT GARAGES
24 ON-STREET PARKING STALLS

PARKING

ON-STREET PARKING
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POLICE ACTIVITIES LEAGUE
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FITNESS

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COWORK
COWORK

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0’ 80’

PETERSEN STUDIO

CHASTAIN PLACE

RICKABAUGH WAY

WONDO WAY

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PARK AND STREETSCAPE ACTIVATION - RETAIL PLAZA PETERSEN STUDIO PETERSEN STUDIO GATEWAY CROSSINGS PHASE 1 ARCHITECTURE - MVE

GATEWAY CROSSINGS NEIGHBORHOOD PARK
GOALS
• Enhance + Reinforce Emerging District Identity – design should be forward looking • Park Programmed and Designed to serve needs of surrounding Neighborhood • Generate Activity that Builds Community and contributes to a Vibrant Streetscape • Provide Multiple Park Elements and Diverse Experiences • Design for all Age Groups and Levels of Ability
• Design with Environmental Sustainability in mind, including low energy and water usage • Public Park will be Privately Constructed and Maintained • Entitlement Programming was Established in 2019 (The Guzzardo Partnership Inc) • Park is not large enough for dedicated athletic fields or large court sports • ‘Tavern on the Green’ Café is not part of the park
• Parking will be on-street or in Adjacent Garage
• Public Restroom will be in Adjacent Building with sidewalk access • Park will be lighted and may be open as late as 10:00 – hours TBD

GATEWAY CROSSINGS NEIGHBORHOOD PARK

ASSUMPTIONS

PARK SITE /

ENTITLEMENT PARK PLAN

PETERSEN STUDIO PARK DIMENSIONS
BUILDING 1

CHASTAIN PLACE
0’ 60’
505’
185’
BUILDING 2

RICKABAUGH WAY

WONDO WAY
CAFÉ/
RETAIL
(NIC)
+/- 2.0 ACRES
........ • • • • • • • • • • . • • . . . . . . . . . ..

PETERSEN STUDIO PARK PROGRAM SCALE
0’ 100’

GATEWAY CROSSINGS

NEIGHBORHOOD PARK
+/- 2 ACRES
CAFE
LAWN
220FT X 100FT
1/2 ACRE
CD

VOLLEYBALL
60FTX 30FT
□

SMALL PLAY AREA
40FTX 40FT

BOCCE COURT
90FTX15FT
□

PAVILION
40FTX30FT
[CD]

BADMINTON
45FTX 20FT
D

EVENT TENT
30FT X 20FT

TABLE TENNIS AREA
(4 TABLES)
45FTX 25FT
□□□□□

MARKET TENTS
10FTX10FT

OUTDOOR

SHUFFLEBOARD
52FTX10FT
■■■

BBQ ROOMS
20FTX 20FT

PETERSEN STUDIO PARK PROGRAM SCALE
0’ 100’

ATHLETIC ACTIVITIES OCCUR AT

LARGER PARKS SUCH AS

REED & GRANT SPORTS PARK

GATEWAY CROSSINGS

NEIGHBORHOOD PARK
+/- 2 ACRES
CAFE
400 METER TRACK
60FT X 40FT
~
-e-~
socc~;~~E~ARD SIZE
74 YARDS ~1(1NCAA, FIFA) 5 YARDS
0 US y;~~~~ARD SIZE
70 YARDS ~CCER FIELD 100 YARDS

BASKETBALL
90FT X SOFT

TENNIS COURT
120FT X 60FT

PETERSEN STUDIO
0’ 60’
THE GUZZARDO PARTNERSHIP 2019

ENTITLEMENT PLAN
0’ 60’

MULTI-USE LAWN
1/2 ACRE

GARDENS

PICNIC/BBQ
SHADE

PLAY AREA

OUTDOOR

FITNESS

DOG RUN
SHADE

PAVILION
CAFE
PATIO
*
*
*

GARDENS

PICNIC/BBQ
SHADE

PARK ELEMENTS IDENTIFIED WITHIN PARK & REC ORDINANCE

MULTI-USE LAWN

SHADE PAVILION
PLAY AREA (2-5) (5-12)

OUTDOOR FITNESS

OFF LEASH DOG AREA

FAMILY PICNIC / BBQ

DEMONSTRATION GARDENS

PUBLIC ART

NIGHT LIGHTING
CAFÉ (separate project)

ENTITLED PARK PROGRAM
ART

PETERSEN STUDIO

ON-STREET PARKING

ENTITLEMENT PROGRAM DIAGRAM
PLAZA
PHASE 2

RICKABAUGH WAY

WONDO WAY
...._ ___ __.rl~------~11 ..... ________ ......,___ ____ _, ---r□---------------~-----------------
········· ...............•.

I □ ! □ . . ~------~
·~··········'*-·····························Y.·········································-=­. . . . . . •
•
• •
• •

PARK FEATURES / PROGRAMMING

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT
MULTI-USE LAWN - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

MAXIMIZE FLAT OPEN LAWN APETERSEN STUDIO

EXPAND TREE-SHADED LAWN EDGES BPETERSEN STUDIO
INTEGRATE TOPOGRAPHY – PLAY, SEATING, PROSPECT CPETERSEN STUDIO

INTEGRATE ACTIVE PARK ELEMENTS WITH CENTRAL LAWN DPETERSEN STUDIO PLAY AREA - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

EQUIPMENT-BASED PLAY AREA APETERSEN STUDIO

THEMED PLAY BPETERSEN STUDIO

ENVIRONMENTAL PLAY CPETERSEN STUDIO
PUBLIC ART - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

SMALL-SCALE ART AT PARK CORNERS APETERSEN STUDIO

PARK-SCALE INTEGRATED ART ELEMENT BPETERSEN STUDIO

INTERACTIVE ART

CPETERSEN STUDIO
GARDEN - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

HERB GARDEN AT DINING / BBQ AREAS APETERSEN STUDIO

HORTICULTURAL DISPLAY GARDEN WITH PROGRAM BPETERSEN STUDIO Photo: Succulents, Robin Stockwell

XERIC DISPLAY GARDEN - MINIMAL IRRIGATION CPETERSEN STUDIO

RAIN GARDEN - ENVIRONMENTAL EDUCATION DPETERSEN STUDIO
Photo: Bruce Forster

OTHER PROGRAM ELEMENTS

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

OFF-LEASH DOG AREAPETERSEN STUDIO
Photo: Bruce Forster

OUTDOOR

FITNESS

OUTDOOR FITNESS EQUIPMENTPETERSEN STUDIO

PARK SHADE PAVILIONPETERSEN STUDIO
‘TAVERN ON THE GREEN’ CAFÉ (Separate Project)PETERSEN STUDIO

GARDEN ROOMSPETERSEN STUDIO

TREE-SHADED GROVEPETERSEN STUDIO

COMMUNAL FIRE FEATURE PETERSEN STUDIO

TABLE GAMES AND SMALL COURT SPORTSPETERSEN STUDIO

MOVABLE FURNISHINGSPETERSEN STUDIO

PARK ACTIVITIES

QUIET RELAXATION OR READINGPETERSEN STUDIO

OUTDOOR EXERCISE / FITNESSPETERSEN STUDIO

DOG WALKING & PLAYPETERSEN STUDIO
PERFORMANCES (Infrequent)PETERSEN STUDIO
FOOD TRUCK ACCESS AT PARK EDGE (Events / Weekends)PETERSEN STUDIO Replace Image
Photo: Discovery Green Giving Library

ACTIVITIES FOR KIDSPETERSEN STUDIO
multi-use lawn
x maximize open flat lawn
x increase tree-shading at edges
x integrate topography at edges
x integrate active park elements with lawn
children’s play area
x equipment-based play
x themed play area
x environmental play
public art
x modest sculptures at park corners
x larger single integrated sculpture
x interactive art element
gardens within park
x herb garden at outdoor BBQ areas
x horticultural display garden
x xeric display garden
x rain garden – environmental education
private events
entitled program options
supplemental features
x garden room / reading room
x tree-shaded grove
x bocce
x shuffleboard
x table tennis
x foosball
x climbing wall (low and safe for kids)
x walking loop
x movable furnishings
x communal fire feature
x community notice board
x write-in
park activities
x quite relaxation or reading
x pickup sports
x fitness classes, tai chi, yoga (on lawn or deck)
x outdoor fitness with equipment
x performances
x food truck access
x outdoor cooking & dining (BBQ areas)
x dog walking & play
x activities for kids
x write-in
Let us know which activities and features you would like the park to include by marking the circles next to your 4 highest priorities in each category. We appreciate your input.

COMMUNITY SURVEY PART 1
0 0 0
0 0 0
0 0 0
0 0 0
0 0
0 0 0
0 0 0
0 0 0
0 0
0 0 0
0 0 0
0 0
0 0
0 0
0 multi-use lawn
x maximize open flat lawn
x increase tree-shading at edges
x integrate topography at edges
x integrate active park elements with lawn
children’s play area
x equipment-based play
x themed play area
x environmental play
public art
x modest sculptures at park corners
x larger single integrated sculpture
x interactive art element
gardens within park
x herb garden at outdoor BBQ areas
x horticultural display garden
x xeric display garden
x rain garden – environmental education
private events
entitled program options
supplemental features
x garden room / reading room
x tree-shaded grove
x bocce
x shuffleboard
x table tennis
x foosball
x climbing wall (low and safe for kids)
x walking loop
x movable furnishings
x communal fire feature
x community notice board
x write-in
x quite relaxation or reading
x pickup sports
x fitness classes, tai chi, yoga (on lawn or deck)
x outdoor fitness with equipment
x performances
x food truck access
x outdoor cooking & dining (BBQ areas)
x dog walking & play
x activities for kids
x write-in
Let us know which activities and features you would like the park to include by marking the circles next to your 4 highest priorities in each category. We appreciate your input.

SAMPLE SURVEY COMPLETED
COMMUNITY SURVEY PART 1
park activities
0 0 0
0 0
0 0
0 0 0
0 0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
x What three (3) words would you like the Gateway Crossings neighborhood park to represent? (examples: relaxing, fun, natural, active)
x What are your favorite features within the Entitlement Park Design? x Are there features or characteristics that you feel could be improved? x Should the park have a more formal or informal character? x How do you typically travel to your neighborhood park? (drive, walk, or ride a bike) x Your age?
x Your zip code?

GATEWAY CROSSINGS NEIGHBORHOOD PARK

SURVEY QUESTIONS
COMMUNITY SURVEY PART 2

DEMOGRAPHIC INFORMATION

PETERSEN STUDIO
0’ 100’0’ 100’

SOUTH PARK, SAN FRANCISCO

0.85 ACRES
460’
150’
525’
75’

PARK PRECEDENT STUDIES

GATEWAY CROSSINGS

NEIGHBORHOOD PARK
2 ACRES
FORMAL

RECTILINEAR

SYMMETRICAL
AXIAL
GRIDED
STATIC

PERIPHERAL CIRCULATION

USES COMPARTMENTALIZED

IN DEFINED ROOMS

INFORMAL
CURVILINEAR + LINEAR

BALANCED ASYMMETRY

NON-AXIAL

DESIRE LINES

ACTIVE / FLOWING

INTERNAL CIRCULATION

MULTI-USE SPACES

OVERLAP AND BLEND AT EDGES

ON-STREET PARKING

RICKABAUGH WAY

WONDO WAY

INFORMAL / ORGANIC ORGANIZATION
Example: Elizabeth Caruthers Park
2 Acres

CURVILINEAR

FORMAL / RECTILINEAR ORGANIZATION
Example: Gateway Crossings Park Entitlement Plan
2 Acres

ACTIVE / FLOWING

INTERNAL CIRCULATION

MULTI-USE SPACES

PERIPHERAL CIRCULATION

USES COMPARTMENTALIZED

IN DEFINED ROOMS
PARK ORGANIZATION: FORMAL vs. INFORMAL
• Community Survey & Presentation are available at SantaClaraCA.gov/OpenCityHall • Community Survey will be available until July 23rd
• Initial Community Feedback Review at July 20th Parks & Recreation Commission • Integrate Community Feedback into Refined Park Design • Present Community Input Summary and Refined Park Design to Parks & Recreation Commission Summer 2021
• City Council Review / Approval of Refined Schematic Design late 2021 • Goal is to Open Park in Parallel with Phase 1 Residential Buildings 2nd half of 2024

GATEWAY CROSSINGS NEIGHBORHOOD PARK

NEXT STEPS

THANK YOU
Please complete the Community Survey
SantaClaraCA.gov/OpenCityHall

PETERSEN STUDIO
Parks & Recreation Commission
July 20, 2021

GATEWAY CROSSINGS

NEIGHBORHOOD PARK

Holland Partner Group
• Specializes in development and
management of multifamily
communities
• Based in Vancouver, WA
• Active in all major West Coast
cities
• Focus on transit-oriented infill
locations
Gateway Crossings Overview
• 1,565 residential units
• 225-room hotel
• 45,000 SF of retail
• 0.6-acre paseo
• 2.0-acre neighborhood park
• Gateway Crossings project approved by City Council in July 2019 • Parks & Recreation Commission reviewed schematic design on October 15th 2019 and recommended City Council approval • City Council discussed the park and asked the project team to seek further community input
• Community Meeting and Survey Presentation July 7th 2021 Park History
CARUTHERS NEIGHBORHOOD PARK, PortlandBELO GARDEN, Dallas DISCOVERY GREEN, Houston WATERFRONT PARK, San Diego
JACOB PETERSEN Public Park Leadership

GATEWAY CROSSINGS CONTEXT PLANPETERSEN STUDIO
Park

STATION AREA PLAN BOUNDARY

SAN JOSE INTERNATIONAL AIRPORT

FITNESS

FITNESS
COWORK
COWORK

LEASING

LEASING
0’ 80’

PETERSEN STUDIO PARK AND STREETSCAPE ACTIVATION
RR
PUBLIC

RESTROOM

CHASTAIN PLACE

RICKABAUGH WAY

WONDO WAY

ON-STREET PARKING

ON-STREET PARKING

PARKING

ON-STREET PARKING
lr.r. IIIIIHU --
c IIIIIHIIII[
i
2SOO SF
· "~"". n:1111

RR FITNESS

FITNESS
COWORK
COWORK

LEASING

LEASING
0’ 80’

PETERSEN STUDIO ON-STREET AND SHARED GARAGE PARKING

CHASTAIN PLACE

ON-STREET PARKING

RICKABAUGH WAY

WONDO WAY

ON-STREET PARKING
106 SHARED STALLS

GUEST, RETAIL, PARK
(GENERAL LOCATION)
59 SHARED STALLS

GUEST, RETAIL, PARK
(GENERAL LOCATION)
165 SHARED PARKING STALLS

IN ADJACENT GARAGES
24 ON-STREET PARKING STALLS

PARKING

ON-STREET PARKING
I
)
,,/
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---·-·-_ ---" l'T
- - ·- -- -[_L_w--"-'--------7

POLICE ACTIVITIES LEAGUE
(PAU
I 7MIO ~f I

FITNESS

FITNESS
COWORK
COWORK

LEASING

LEASING
0’ 80’

PETERSEN STUDIO

CHASTAIN PLACE

RICKABAUGH WAY

WONDO WAY

PARK AND STREETSCAPE ACTIVATION - RETAIL PLAZA
RR
/
I \
I
I
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sr !.,___
,,~... . lIIIII[ . IIIIIUJ[ ;
Tnlllll ,
•• • ' tt--------f1' ~ -'
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(PAU
I I 1t,OO~ I 1

PARK AND STREETSCAPE ACTIVATION - RETAIL PLAZA PETERSEN STUDIO PETERSEN STUDIO GATEWAY CROSSINGS PHASE 1 ARCHITECTURE - MVE

GATEWAY CROSSINGS NEIGHBORHOOD PARK
GOALS
• Enhance + Reinforce Emerging District Identity – design should be forward looking • Park Programmed and Designed to serve needs of surrounding Neighborhood • Generate Activity that Builds Community and contributes to a Vibrant Streetscape • Provide Multiple Park Elements and Diverse Experiences • Design for all Age Groups and Levels of Ability
• Design with Environmental Sustainability in mind, including low energy and water usage • Public Park will be Privately Constructed and Maintained • Entitlement Programming was Established in 2019 (The Guzzardo Partnership Inc) • Park is not large enough for dedicated athletic fields or large court sports • ‘Tavern on the Green’ Café is not part of the park
• Parking will be on-street or in Adjacent Garage
• Public Restroom will be in Adjacent Building with sidewalk access • Park will be lighted and may be open as late as 10:00 – hours TBD

GATEWAY CROSSINGS NEIGHBORHOOD PARK

ASSUMPTIONS

PARK SITE /

ENTITLEMENT PARK PLAN

PETERSEN STUDIO PARK DIMENSIONS
BUILDING 1

CHASTAIN PLACE
0’ 60’
505’
185’
BUILDING 2

RICKABAUGH WAY

WONDO WAY
CAFÉ/
RETAIL
(NIC)
+/- 2.0 ACRES
........ • • • • • • • • • • . • • . . . . . . . . . ..

PETERSEN STUDIO PARK PROGRAM SCALE
0’ 100’

GATEWAY CROSSINGS

NEIGHBORHOOD PARK
+/- 2 ACRES
CAFE
LAWN
220FT X 100FT
1/2 ACRE
CD

VOLLEYBALL
60FTX 30FT
□

SMALL PLAY AREA
40FTX 40FT

BOCCE COURT
90FTX15FT
□

PAVILION
40FTX30FT
[CD]

BADMINTON
45FTX 20FT
D

EVENT TENT
30FT X 20FT

TABLE TENNIS AREA
(4 TABLES)
45FTX 25FT
□□□□□

MARKET TENTS
10FTX10FT

OUTDOOR

SHUFFLEBOARD
52FTX10FT
■■■

BBQ ROOMS
20FTX 20FT

PETERSEN STUDIO PARK PROGRAM SCALE
0’ 100’

ATHLETIC ACTIVITIES OCCUR AT

LARGER PARKS SUCH AS

REED & GRANT SPORTS PARK

GATEWAY CROSSINGS

NEIGHBORHOOD PARK
+/- 2 ACRES
CAFE
400 METER TRACK
60FT X 40FT
~
-e-~
socc~;~~E~ARD SIZE
74 YARDS ~1(1NCAA, FIFA) 5 YARDS
0 US y;~~~~ARD SIZE
70 YARDS ~CCER FIELD 100 YARDS

BASKETBALL
90FT X SOFT

TENNIS COURT
120FT X 60FT

PETERSEN STUDIO
0’ 60’
THE GUZZARDO PARTNERSHIP 2019

ENTITLEMENT PLAN
0’ 60’

MULTI-USE LAWN
1/2 ACRE

GARDENS

PICNIC/BBQ
SHADE

PLAY AREA

OUTDOOR

FITNESS

DOG RUN
SHADE

PAVILION
CAFE
PATIO
*
*
*

GARDENS

PICNIC/BBQ
SHADE

PARK ELEMENTS IDENTIFIED WITHIN PARK & REC ORDINANCE

MULTI-USE LAWN

SHADE PAVILION
PLAY AREA (2-5) (5-12)

OUTDOOR FITNESS

OFF LEASH DOG AREA

FAMILY PICNIC / BBQ

DEMONSTRATION GARDENS

PUBLIC ART

NIGHT LIGHTING
CAFÉ (separate project)

ENTITLED PARK PROGRAM
ART

PETERSEN STUDIO

ON-STREET PARKING

ENTITLEMENT PROGRAM DIAGRAM
PLAZA
PHASE 2

RICKABAUGH WAY

WONDO WAY
...._ ___ __.rl~------~11 ..... ________ ......,___ ____ _, ---r□---------------~-----------------
········· ...............•.

I □ ! □ . . ~------~
·~··········'*-·····························Y.·········································-=­. . . . . . •
•
• •
• •

PARK FEATURES / PROGRAMMING

COMMUNITY SURVEY
MULTI-USE LAWN - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

MAXIMIZE FLAT OPEN LAWN APETERSEN STUDIO

EXPAND TREE-SHADED LAWN EDGES BPETERSEN STUDIO
INTEGRATE TOPOGRAPHY – PLAY, SEATING, PROSPECT CPETERSEN STUDIO

INTEGRATE ACTIVE PARK ELEMENTS WITH CENTRAL LAWN DPETERSEN STUDIO PLAY AREA - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

EQUIPMENT-BASED PLAY AREA APETERSEN STUDIO

THEMED PLAY BPETERSEN STUDIO

ENVIRONMENTAL PLAY CPETERSEN STUDIO
PUBLIC ART - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

SMALL-SCALE ART AT PARK CORNERS APETERSEN STUDIO

PARK-SCALE INTEGRATED ART ELEMENT BPETERSEN STUDIO

INTERACTIVE ART

CPETERSEN STUDIO
GARDEN - Options

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

HERB GARDEN AT DINING / BBQ AREAS APETERSEN STUDIO

HORTICULTURAL DISPLAY GARDEN WITH PROGRAM BPETERSEN STUDIO Photo: Succulents, Robin Stockwell

XERIC DISPLAY GARDEN - MINIMAL IRRIGATION CPETERSEN STUDIO

RAIN GARDEN - ENVIRONMENTAL EDUCATION DPETERSEN STUDIO
Photo: Bruce Forster

OTHER PROGRAM ELEMENTS

ENTITLED FEATURE

SUPPLEMENTAL FEATURE OR REFINEMENT

OFF-LEASH DOG AREAPETERSEN STUDIO
Photo: Bruce Forster

OUTDOOR

FITNESS

OUTDOOR FITNESS EQUIPMENTPETERSEN STUDIO

PARK SHADE PAVILIONPETERSEN STUDIO
‘TAVERN ON THE GREEN’ CAFÉ (Separate Project)PETERSEN STUDIO

GARDEN ROOMSPETERSEN STUDIO

TREE-SHADED GROVEPETERSEN STUDIO

COMMUNAL FIRE FEATURE PETERSEN STUDIO

TABLE GAMES AND SMALL COURT SPORTSPETERSEN STUDIO

MOVABLE FURNISHINGSPETERSEN STUDIO

PARK ACTIVITIES

QUIET RELAXATION OR READINGPETERSEN STUDIO

OUTDOOR EXERCISE / FITNESSPETERSEN STUDIO

DOG WALKING & PLAYPETERSEN STUDIO
PERFORMANCES (Infrequent)PETERSEN STUDIO
FOOD TRUCK ACCESS AT PARK EDGE (Events / Weekends)PETERSEN STUDIO Replace Image
Photo: Discovery Green Giving Library

ACTIVITIES FOR KIDSPETERSEN STUDIO
multi-use lawn
x maximize open flat lawn
x increase tree-shading at edges
x integrate topography at edges
x integrate active park elements with lawn
children’s play area
x equipment-based play
x themed play area
x environmental play
public art
x modest sculptures at park corners
x larger single integrated sculpture
x interactive art element
gardens within park
x herb garden at outdoor BBQ areas
x horticultural display garden
x xeric display garden
x rain garden – environmental education
private events
entitled program options
supplemental features
x garden room / reading room
x tree-shaded grove
x bocce
x shuffleboard
x table tennis
x foosball
x climbing wall (low and safe for kids)
x walking loop
x movable furnishings
x communal fire feature
x community notice board
x write-in
park activities
x quite relaxation or reading
x pickup sports
x fitness classes, tai chi, yoga (on lawn or deck)
x outdoor fitness with equipment
x performances
x food truck access
x outdoor cooking & dining (BBQ areas)
x dog walking & play
x activities for kids
x write-in
Let us know which activities and features you would like the park to include by marking the circles next to your 4 highest priorities in each category. We appreciate your input.

COMMUNITY SURVEY PART 1
0 0 0
0 0 0
0 0 0
0 0 0
0 0
0 0 0
0 0 0
0 0 0
0 0
0 0 0
0 0 0
0 0
0 0
0 0
0 multi-use lawn
x maximize open flat lawn
x increase tree-shading at edges
x integrate topography at edges
x integrate active park elements with lawn
children’s play area
x equipment-based play
x themed play area
x environmental play
public art
x modest sculptures at park corners
x larger single integrated sculpture
x interactive art element
gardens within park
x herb garden at outdoor BBQ areas
x horticultural display garden
x xeric display garden
x rain garden – environmental education
private events
entitled program options
supplemental features
x garden room / reading room
x tree-shaded grove
x bocce
x shuffleboard
x table tennis
x foosball
x climbing wall (low and safe for kids)
x walking loop
x movable furnishings
x communal fire feature
x community notice board
x write-in
x quite relaxation or reading
x pickup sports
x fitness classes, tai chi, yoga (on lawn or deck)
x outdoor fitness with equipment
x performances
x food truck access
x outdoor cooking & dining (BBQ areas)
x dog walking & play
x activities for kids
x write-in
Let us know which activities and features you would like the park to include by marking the circles next to your 4 highest priorities in each category. We appreciate your input.

SAMPLE SURVEY COMPLETED
COMMUNITY SURVEY PART 1
park activities
0 0 0
0 0
0 0
0 0 0
0 0 0
0 0
0 0 0
0 0
0 0
0 0
0 0
x What three (3) words would you like the Gateway Crossings neighborhood park to represent? (examples: relaxing, fun, natural, active)
x What are your favorite features within the Entitlement Park Design? x Are there features or characteristics that you feel could be improved? x Should the park have a more formal or informal character? x How do you typically travel to your neighborhood park? (drive, walk, or ride a bike) x Your age?
x Your zip code?

GATEWAY CROSSINGS NEIGHBORHOOD PARK

SURVEY QUESTIONS
COMMUNITY SURVEY PART 2

DEMOGRAPHIC INFORMATION

PETERSEN STUDIO
0’ 100’0’ 100’

SOUTH PARK, SAN FRANCISCO

0.85 ACRES
460’
150’
525’
75’

PARK PRECEDENT STUDIES

GATEWAY CROSSINGS

NEIGHBORHOOD PARK
2 ACRES
FORMAL

RECTILINEAR

SYMMETRICAL
AXIAL
GRIDED
STATIC

PERIPHERAL CIRCULATION

USES COMPARTMENTALIZED

IN DEFINED ROOMS

INFORMAL
CURVILINEAR + LINEAR

BALANCED ASYMMETRY

NON-AXIAL

DESIRE LINES

ACTIVE / FLOWING

INTERNAL CIRCULATION

MULTI-USE SPACES

OVERLAP AND BLEND AT EDGES

ON-STREET PARKING

RICKABAUGH WAY

WONDO WAY

INFORMAL / ORGANIC ORGANIZATION
Example: Elizabeth Caruthers Park
2 Acres

CURVILINEAR

FORMAL / RECTILINEAR ORGANIZATION
Example: Gateway Crossings Park Entitlement Plan
2 Acres

ACTIVE / FLOWING

INTERNAL CIRCULATION

MULTI-USE SPACES

PERIPHERAL CIRCULATION

USES COMPARTMENTALIZED

IN DEFINED ROOMS
PARK ORGANIZATION: FORMAL vs. INFORMAL
• Community Survey & Presentation are available at SantaClaraCA.gov/OpenCityHall • Community Survey will be available July 8th –J u l y 2 3rd • Integrate Community and Parks & Recreation Commission Feedback into Refined Park Design
• Present Community Input Summary and Refined Park Design to Parks & Recreation Commission Summer 2021
• City Council Review / Approval of Refined Schematic Design late 2021 • Goal is to Open Park in Parallel with Phase 1 Residential Buildings 2nd half of 2024

GATEWAY CROSSINGS NEIGHBORHOOD PARK

NEXT STEPS

THANK YOU
Please complete the Community Survey
SantaClaraCA.gov/OpenCityHall

PETERSEN STUDIO
Parks & Recreation Commission
Community Feedback Summary
November 16, 2021

GATEWAY CROSSINGS

NEIGHBORHOOD PARK

PARK SITE /
2019 PARK PLAN

GATEWAY CROSSINGS CONTEXT
PLAN

PETERSEN STUDIO

GREAT LAWN
1/2 ACRE

GARDENS

BBQ/SHADE

GARDENS

BBQ/SHADE
PLAY
AREA

FITNESS
DOG
RUN
SHADE

PAVILION
CAFE
PATIO

FITNESS

FITNESS
COWORK
COWORK

LEASING

LEASING
0’ 80’
PETERSEN STUDIO PARK PROGRAMMING – 2019 PARK CONCEPT PLAN . IIIIIlII ---
llIHUll

GATEWAY CROSSINGS NEIGHBORHOOD PARK

COMMUNITY FEEDBACK
• Community Meeting, July 07
• Parks & Recreation Commission Meeting, July 20
• Online Community Survey: 280 Responses Received

3.5 Weeks, July 8 - August 4
• In-person Celebrate Santa Clara Outreach Event, August 21: +120 Participants • Over 400 Community Members have provided Feedback

CELEBRATE SANTA CLARA OUTREACH EVENT PETERSEN STUDIO

multi-use lawn
• maximize open flat lawn
• increase tree-shading at edges
• integrate topography at edges
• integrate active park elements with lawn
children’s play area
• equipment-based play
• themed play area
• environmental play
public art
• modest sculptures at park corners
• larger single integrated sculpture
• interactive art element
gardens within park
• herb garden at outdoor BBQ areas
• horticultural display garden
• xeric display garden
• rain garden – environmental education
private events
2019 program + options
supplemental features
• garden room / reading room
• tree-shaded grove
• bocce
• shuffleboard
• table tennis
• foosball
• climbing wall (low and safe for kids)
• walking loop
• movable furnishings
• communal fire feature
• community notice board
• write-in
park activities
• quite relaxation or reading
• pickup sports
• fitness classes, tai chi, yoga (on lawn or deck)
• outdoor fitness with equipment
• performances
• food truck access
• outdoor cooking & dining (BBQ areas)
• dog walking & play
• activities for kids
• write-in
Let us know which activities and features you would like the park to include by marking the circles next to your 4 highest priorities in each category. We appreciate your input. ;~-------------------------,, , ------------ ', , \
,' \
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
MULTI-USE LAWN – Survey Options
• MAXIMIZE FLAT OPEN LAWN
• INTEGRATE TOPOGRAPHY – PLAY, SEATING, PROSPECT
• INTEGRATE ACTIVE PARK ELEMENTS WITH CENTRAL LAWN
• EXPAND TREE-SHADED LAWN EDGES
5%

MAXIMIZE FLAT OPEN LAWN PETERSEN STUDIO
13%
INTEGRATE TOPOGRAPHY – PLAY, SEATING, PROSPECTPETERSEN STUDIO 38%

INTEGRATE ACTIVE PARK ELEMENTS WITH CENTRAL LAWNPETERSEN STUDIO

EXPAND TREE-SHADED LAWN EDGESPETERSEN STUDIO
44%

PETERSEN STUDIO
The ½-acre multi-use lawn is the park’s largest element.

How would you like us to configure the multi-use lawn?
Increase Tree Shading at
Lawn Edges
0 50 100 150 200 250
Integrate Active Park
Elements with Lawn
Integrate Topography
Maximize Flat Open Lawn
Online Survey Responses

MULTI-USE LAWN

COMMUNITY SURVEY SUMMARY
1111

PETERSEN STUDIO
Increase Tree Shading at
Lawn Edges
0 50 100 150 200 250
Integrate Active Park
Elements with Lawn
Integrate Topography
Online Survey Responses
In-Person Survey Responses
Maximize Flat Open Lawn
82%
The ½-acre multi-use lawn is the park’s largest element.

How would you like us to configure the multi-use lawn?

MULTI-USE LAWN

COMMUNITY SURVEY SUMMARY
391 RESPONSES
1111
1111
................................ t.

PLAY AREA - Survey Options
• EQUIPMENT-BASED PLAY AREA
• THEMED PLAY
• ENVIRONMENTAL PLAY
18%

EQUIPMENT-BASED PLAY AREAPETERSEN STUDIO
18%

THEMED PLAYPETERSEN STUDIO
64%

ENVIRONMENTAL PLAYPETERSEN STUDIO

PETERSEN STUDIO
0 50 100 150 200 250
Online Survey Responses
In-Person Survey Responses
Environmental Play
including natural features
like rocks, logs and hills
Themed Play linked to a
larger design concept
Equipment-based Play
The play area will accommodate multiple age groups and ability levels.

What type of experiences should the children’s play area prioritize?

PLAY AREA

COMMUNITY SURVEY SUMMARY
404 RESPONSES
1111
1111

PETERSEN STUDIO
0 50 100 150 200 250
Online Survey Responses
In-Person Survey Responses
Environmental Play
including natural features
like rocks, logs and hills
Themed Play linked to a
larger design concept
Equipment-based Play
64%
The play area will accommodate multiple age groups and ability levels.

What type of experiences should the children’s play area prioritize?

PLAY AREA

COMMUNITY SURVEY SUMMARY
404 RESPONSES
1111
1111
t
PUBLIC ART - Survey Options
• PARK-SCALE INTEGRATED ART ELEMENT
• SMALL-SCALE ART AT PARK CORNERS
• INTERACTIVE ART
14%

PARK-SCALE INTEGRATED ART ELEMENTPETERSEN STUDIO
24%

SMALL-SCALE ART AT PARK CORNERS PETERSEN STUDIO
62%

INTERACTIVE ARTPETERSEN STUDIO

PETERSEN STUDIO
How should public art be expressed and experienced within the park? Interactive Art Element
specifically to engage visitors
0 50 100 150 200 250
Modest Corner Sculptures
visible from perimeter
Larger Art Element integrated
at a central location
Online Survey Responses

PUBLIC ART

COMMUNITY SURVEY SUMMARY
1111

PETERSEN STUDIO
0 50 100 150 200 250
Online Survey Responses
In-Person Survey Responses
Interactive Art Element
specifically to engage visitors
Larger Art Element integrated
at a central location
Modest Corner Sculptures
visible from perimeter
62%
How should public art be expressed and experienced within the park?

PUBLIC ART

COMMUNITY SURVEY SUMMARY
345 RESPONSES
1111
1111
................................ t.

GARDEN - Survey Options
• HORTICULTURAL DISPLAY GARDEN
• XERIC DISPLAY GARDEN
• HERB GARDEN AT BBQ / DINING AREAS
• RAIN GARDEN – ENVIRONMENTAL EDUCATION
20%

HORTICULTURAL DISPLAY GARDEN WITH PROGRAM PETERSEN STUDIO 25%
Photo: Succulents, Robin Stockwell

XERIC DISPLAY GARDEN - MINIMAL IRRIGATIONPETERSEN STUDIO 28%

HERB GARDEN AT DINING / BBQ AREAS PETERSEN STUDIO
28%
` RAIN GARDEN - ENVIRONMENTAL EDUCATIONPETERSEN STUDIO
Photo: Bruce Forster

PETERSEN STUDIO
Rain Gardens
(stormwater infiltration) for
environmental education
0 50 100 150 200 250
Xeric Display Garden
(minimal irrigation after
establishment)
Online Survey Responses
Horticultural Display Gardens
(water-wise)
Herb Gardens connected to
outdoor dining/BBQ areas
What type of gardens/landscape would you like at the park?

GARDENS

COMMUNITY SURVEY SUMMARY
1111

PETERSEN STUDIO
What type of gardens/landscape would you like at the park? 0 50 100 150 200 250
Online Survey Responses
In-Person Survey Responses

GARDENS
Rain Gardens
(stormwater infiltration) for
environmental education
Herb Gardens connected to
outdoor dining/BBQ areas
Xeric Display Garden
(minimal irrigation after
establishment)
Horticultural Display Gardens
(water-wise)

COMMUNITY SURVEY SUMMARY
393 RESPONSES
1111
1111

SUPPLEMENTAL FEATURES
multi-use lawn
• maximize open flat lawn
• increase tree-shading at edges
• integrate topography at edges
• integrate active park elements with lawn
children’s play area
• equipment-based play
• themed play area
• environmental play
public art
• modest sculptures at park corners
• larger single integrated sculpture
• interactive art element
gardens within park
• herb garden at outdoor BBQ areas
• horticultural display garden
• xeric display garden
• rain garden – environmental education
private events
entitled program options
supplemental features
• garden room / reading room
• tree-shaded grove
• bocce
• shuffleboard
• table tennis
• foosball
• climbing wall (low and safe for kids)
• walking loop
• movable furnishings
• communal fire feature
• community notice board
• write-in
park activities
• quite relaxation or reading
• pickup sports
• fitness classes, tai chi, yoga (on lawn or deck)
• outdoor fitness with equipment
• performances
• food truck access
• outdoor cooking & dining (BBQ areas)
• dog walking & play
• activities for kids
• write-in
Let us know which activities and features you would like the park to include by marking the circles next to your 4 highest priorities in each category. We appreciate your input. ---------------------------, ,,
,~ ----------- ' I ' I \
I \
0 0 0
0 0 0
0 0 0
0 0 0
0 0
0 0 0
0 0 0
0 0 0
0 0
0 0 0
0 0 0
0 0
0 0
0 0
0 \ I
\ I
' , ,, ,~
~---------------------------

PETERSEN STUDIO
Below is a list of supplemental features that could be integrated into the park.

Select up to 4 of your highest priorities.

Walking loop
Tree-shaded grove
Yard Games, shuffleboard,
bean bag toss, ladder ball, large chess
Garden room/reading room
Climbing wall (low height
and safe for kids)
Table tennis
Bocce
Communal fire feature
Foosball
Community notice board
Movable furnishings

SUPPLEMENTAL FEATURES
Online Survey Responses
0 50 100 150 200 250

COMMUNITY SURVEY SUMMARY
1111

PETERSEN STUDIO
Walking loop
Tree-shaded grove
Yard Games, shuffleboard,
bean bag toss, ladder ball, large chess
Climbing wall (low height
and safe for kids)
Table tennis
Bocce
Communal fire feature
Foosball
Community notice board
Movable furnishings
Online Survey Responses
0 50 100 150 200 250In-Person Survey Responses
45%

COMMUNITY SURVEY SUMMARY
Below is a list of supplemental features that could be integrated into the park.

Select up to 4 of your highest priorities.

SUPPLEMENTAL FEATURES
Garden room/reading room
1138 VOTES
1111
1111
........................................................................... t

PARK ACTIVITIES
multi-use lawn
• maximize open flat lawn
• increase tree-shading at edges
• integrate topography at edges
• integrate active park elements with lawn
children’s play area
• equipment-based play
• themed play area
• environmental play
public art
• modest sculptures at park corners
• larger single integrated sculpture
• interactive art element
gardens within park
• herb garden at outdoor BBQ areas
• horticultural display garden
• xeric display garden
• rain garden – environmental education
private events
entitled program options
supplemental features
• garden room / reading room
• tree-shaded grove
• bocce
• shuffleboard
• table tennis
• foosball
• climbing wall (low and safe for kids)
• walking loop
• movable furnishings
• communal fire feature
• community notice board
• write-in
park activities
• quite relaxation or reading
• pickup sports
• fitness classes, tai chi, yoga (on lawn or deck)
• outdoor fitness with equipment
• performances
• food truck access
• outdoor cooking & dining (BBQ areas)
• dog walking & play
• activities for kids
• write-in
Let us know which activities and features you would like the park to include by marking the circles next to your 4 highest priorities in each category. We appreciate your input. 0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0

PETERSEN STUDIO
What are your top park activity priorities?
Select up to 4 of your highest priorities.

Activities for kids
Dog walking & play
Quiet relaxation or reading
Outdoor cooking & dining
(BBQ areas)
Outdoor fitness with
equipment
Food truck access
Performances
Fitness classes, tai chi, yoga
(on lawn or deck)
Pickup sports

PARK ACTIVITIES
Online Survey Responses
0 50 100 150 200 250

COMMUNITY SURVEY SUMMARY
1111
96 90

PETERSEN STUDIO
Activities for kids
Dog walking & play
Quiet relaxation or reading
Outdoor cooking & dining
(BBQ areas)
Outdoor fitness with
equipment
Food truck access
Performances
Fitness classes, tai chi, yoga
(on lawn or deck)
Pickup sports
Online Survey Responses
0 50 100 150 200 250
In-Person Survey Responses
34%

COMMUNITY SURVEY SUMMARY
What are your top park activity priorities?
Select up to 4 of your highest priorities.

PARK ACTIVITIES 1104 VOTES
................................................................................................................................................................................... t 1111
1111
FORMAL vs. INFORMAL

ORGANIZATION
PARK ORGANIZATION: FORMAL vs. INFORMAL
47% PREFERRED 53% PREFERRED
2019

FORMAL/ RECTILINEAR ORGANIZATION
Example: Gateway Crossings Park Plan
2 Acres
FORMAL

RECTILINEAR

SYMMETRICAL
AXIAL
GRIDED

PERIPHERAL CIRCULATION

USES COMPARTMENTALIZED
INFORMAL/ ORGANI.C ORGANIZATION
Example: Elizabeth Caruthers Park
2 Acres

INFORMAL

CURVILINEAR

BA LAN CED ASYMMETRY

NON-AXIAL

ACTIVE/ FLOWING

INTERNAL CIRCULATION
MUL Tl-USE SPACES

COMMUNITY PRIORITIES

SUMMARY
Increase Tree Shading at
Lawn Edges
Integrate Active Park
Elements with Lawn

MULTI-USE LAWN

COMMUNITY SURVEY SUMMARY
Environmental Play
including natural features
like rocks, logs and hills
PLAY
Interactive Art Element
specifically to engage visitors
ART
Walking Loop
Tree-shaded Grove
Activities for Kids
Quiet Relaxation or Reading

FEATURES

ACTIVITIES
COMMUNITY PRIORITIES +/- 400 RESPONSES
0 50 100 150 200 250
PROGRAM DIAGRAMS:
2 OPTIONS
0’ 60’

MULTI-USE LAWN
1/2 ACRE

GARDENS

PICNIC/BBQ
SHADE

PLAY AREA

OUTDOOR

FITNESS

DOG RUN

PAVILION
CAFE
PATIO
*
*
*

GARDENS

PICNIC/BBQ

SHADE ART

PETERSEN STUDIO

ON-STREET PARKING
2019 PROGRAM DIAGRAM
PLAZA
PHASE 2

RICKABAUGH WAY

WONDO WAY

CHASTAIN PLACE
RETAIL
2019 CONCEPTUAL PROGRAM
BLDG 1 RETAIL
BLDG 2
RR
•-------__,
◄ ~ -=--=--=----=-----=-----_-_-_-_~~= ~-~ * . . . . . . . . . . . ._ ___ __, . . . . . . . .
= ......................................... ·=o· ........................ -□- .............. . =[] D = =
I :::::::::: -. · o ............... :.□~
. .
·~··········~·····························Y.·········································-=­. . . . . .

J
··►
0’ 60’

MULTI-USE LAWN
1/2 ACRE

GARDENS

PICNIC/BBQ PLAY AREA

DOG RUN

PAVILION

GARDENS

PICNIC/BBQ
SHADE

PETERSEN STUDIO

ON-STREET PARKING
PROGRAM DIAGRAM – OPTION 1
PLAZA
PHASE 2

RICKABAUGH WAY

WONDO WAY

CHASTAIN PLACE
CAFE
PATIO
PROGRAM OPTION 1
RETAILBLDG 1 RETAIL
BLDG 2
RR
RETAIL
Pl_l7-------;------~J I
. . . . : .-;--------..-". ~
. . • . . . . . . . . . .
■ ■ ■ • ►
0’ 60’

MULTI-USE LAWN
1/2 ACRE

GARDENS PICNIC/BBQ
PLAY /

EXERCISE

DOG RUN

GARDENS

PICNIC /BBQ / SHADE

PETERSEN STUDIO

ON-STREET PARKING
PLAZA
PHASE 2

RICKABAUGH WAY

WONDO WAY

CHASTAIN PLACE
CAFE
PATIO

GARDENS

PLAY AREA

GARDENS
PHASE 2

LINEAR PARK
PROGRAM OPTION 2
RETAILBLDG 1 RETAIL
BLDG 2
RR
PROGRAM DIAGRAM – OPTION 2
RETAIL
•-------__,
~( . ----------~~
/CTI
: •····· . ····1••·· U--)• ------ l ----- ~ --~► ~ •••••••••••••••••••••••••••••••••••••••••••••F•••••••••••••••••••••••~••••••••••••••• : ~---------------------------------------- ~~----- . . . .

J
0’ 60’

MULTI-USE LAWN
1/2 ACRE

GARDENS PICNIC/BBQ
PLAY /

EXERCISE

DOG RUN

GARDENS

PICNIC /BBQ / SHADE

PETERSEN STUDIO

ON-STREET PARKING
PLAZA
PHASE 2

RICKABAUGH WAY

WONDO WAY

CHASTAIN PLACE
PATIO

GARDENS

PLAY AREA

GARDENS
PHASE 2

LINEAR PARK
PROGRAM OPTION 2
RETAILBLDG 1 RETAIL
BLDG 2
RR

RETAIL ACTIVATION OF PARK
RETAIL
CAFE
RETAIL
PLAZA
. .

I
•-----------
\
\
\
\
\
I
I
I
I
I
I

PETERSEN STUDIO PROGRAM DIAGRAM COMPARISON

PROGRAM DIAGRAM
OPTION 2

PROGRAM DIAGRAM
OPTION 1
Q
c3 "' ~
i2
0 "' <Xl
I
•
CAFE
I
BLDG 1
J
RETAIL
I
RETAIL
p}i n

RICKABAUG H WAY
BLDG 2
~
BLDG 1
I
RETAIL
I
RETAIL
~ n ....,____
~ ) ___,,------------- . _r--

RICKABAUGH WAY
◄·······
CAFE I
BLDG 2
◄ =- . •• • ••••• '-'C..-" :--- ~ .;,,.,..;.. --- :
: - ,.__ _________ ..., ________ __, :
:~······ .. ·········· .................................................. ~····· .......... ►:

WONDOWAY
~ -''---_-_

THANK YOU
Parks & Recreation
Commission Meeting
Consideration of the Schematic Design-Master
Plan for the New Public Neighborhood Park
proposed to be located at 1205 Coleman
Avenue (Gateway Crossings Hunter Storm &
Holland Partner Group Residential Project)
May 17, 2022
Background
2 • Council Goal: Enhance community sports, recreational and arts assets • Neighborhood Park Schematic Design October 15, 2019
• Community Presentation July 7, 2021
• Commission Presentation July 20, 2021
• Schematic Design Presentation for November 16, 2021
• Schematic Design-Master Plan Presentation April 19, 2022 • May 17, 2022 – Commission Review & Approval
Increase Tree Shading at
Lawn Edges
Integrate Active Park
Elements with Lawn

MULTI-USE LAWN

Environmental Play
including natural features
like rocks, logs and hills
Interactive Art Element
specifically to engage visitors
Walking Loop
Tree-shaded Grove
Activities for Kids
Quiet Relaxation or Reading

ACTIVITIES
COMMUNITY PRIORITIES +/- 400 COMMUNITY RESPONSES
PLAY

FEATURES
ART
0’ 60’

PETERSEN STUDIO

PLAY AREA

PROGRAM DIAGRAM
PLAZA
PICNIC

CHASTAIN PLACE
BLDG 1
BLDG 2
RETAIL

FITNESS
BIKE
RETAIL
RETAIL
PLAZA
RETAIL
PICNIC
PH 2
PLAZA

RICKABAUGH WAY

WONDO WAY

ON-STREET PARKING

ON-STREET PARKING

PARK RESTROOM
RR

PARKING
24 ON-STREET PARKING STALLS
BLDG 1 GARAGE
59 SHARED PARKING STALLS
BLDG 2 GARAGE
104 SHARED PARKING STALLS

PLANTING

PLANTING

PLANTING

OFF LEASH

DOG AREA

MULTI-USE LAWN
1/2 ACRE
RETAIL
PARCEL
BLDG 4
PH 2 LINEAR PARK

PLANTING
\____)

BROKAW ROAD
/
G
'~-
BLDG 1

PETERSEN STUDIO
RETAIL
0’ 60’

PLAY AREA
PICNIC

CHASTAIN PLACE
RETAIL
BLDG 2

FITNESS
BIKE
RETAIL
¼ MILE WALKING LOOP
PLAZA
PLAZA

COMMUNITY WALKING LOOP WITH SOCIAL AND RECREATIONAL NODES

RICKABAUGH WAY

WONDO WAY
PICNIC

PLANTING

PLANTING

PLANTING

PLANTING

OFF LEASH

DOG AREA
RETAIL
PH 2
PLAZA

MULTI-USE LAWN
1/2 ACRE
RR

PARK RESTROOM
RETAIL
PARCEL
BLDG 4
PH 2 LINEAR PARK
I
J
\
I
)
. . . .
17 • : __/
J I
• ~ -.
---□
I
I
'-

MULTI-USE LAWN
1/2 ACRE

PLANTING
ENV. PLAY AREA

PLANTING
PICNIC
PAV.

PLANTINGFITNESS
BIKE
MULTI-USE LAWN ½ ACRE

SHADE/PICNIC PAVILION
ENV. PLAY AREA (2-5) (6-12)

OUTDOOR FITNESS NODE

OFF LEASH DOG AREA

FAMILY PICNIC AREA

PARK-WIDE SHADED GROVE

AMPLE SHADED SEATING

QUIET AREAS TO RELAX / READ

DISPLAY GARDENS
WALKING LOOP ¼ MILE

PLAZAS AT RETAIL CORNERS
RESTROOM IN BUILDING 1
ON-STREET + GARAGE PARKING

ILLUSTRATIVE PLAN AND PROGRAM SUMMARY
0’ 60’

RICKABAUGH WAY

WONDO WAY
BLDG 4
PH 2
BLDG 1

ON-STREET PARKING

LINEAR PARK
RETAIL
PARCEL

FAMILY PICNIC

PETERSEN STUDIO

PARK ELEMENTS IDENTIFIED WITHIN

PARK & REC ORDINANCE
PH 2
PLAZA
PLAZA

ON-STREET PARKING
RR

OFF LEASH

DOG AREA

PARK PROGRAM

PARK RESTROOM
•
• •
•
•
ENV. PLAY
PLAZA

NIGHT LIGHTING
0’ 60’
BLDG 4
PH 2
BLDG 1
PH 2

LINEAR PARK
AZA
PL
E

STREET LIGHT

POLE LIGHT

AT PATH

POLE LIGHT

MULTI-HEAD

ACCENT LIGHT

POLE LIGHT

AT PROGRAM

ELEMENT
PH 2
PLAZA

OFF LEASH

DOG AREA

MULTI-USE LAWN
1/2 ACRE

FAMILY PICNIC

PETERSEN STUDIO
RETAIL
PARCEL
PICNIC
PAV. PLAZA
BIKE

FITNESS
•
(
--
RETAIL
PARCEL

PETERSEN STUDIO
0’ 60’

ON-STREET PARKING

CHASTAIN PLACE
BLDG 2

PLAY LAWN
6,500 SF

PICNIC LAWN
6,700 SF
PAV

RICKABAUGH WAY

WONDO WAY

PLAY AREA
RR
BLDG 1

PARK-WIDE SHADED GROVE FRAMES LAWN OPENINGS
PLAZA
BLDG 4
PH 2
I
I
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I
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'-
( ~.----- /-----..---- ~ r
I

PETERSEN STUDIO
Quercus virginiana | SOUTHERN LIVE OAK
Height: 40-60’
Evergreen, Fast Growth Rate
Heteromeles arbutifolia | TOYON
Height: 15’
Evergreen, Slow Growth Rate
Arbutus ‘’Marina’ | MARINA MADRONE
Height: 30-50’
Evergreen, Moderate Growth Rate
Pistacia c. ‘’Keith Davey’ | CHINESE PISTACHE
Height: 25-40’
Deciduous, Moderate Growth Rate
Acer r .'October Glory’ | RED MAPLE
Height: 40-50’
Deciduous, Fast Growth Rate
Quercus rubra | RED OAK
Height: 60-75’
Deciduous, Fast Growth Rate
Ulmus parvifolia 'Drake’ | CHINESE ELM
Height: 40-50’
Partly Deciduous, Fast Growth Rate
Podocarpus gracilior | FERN PINE
Height: 30-65’
Evergreen, Moderate Growth Rate

SCHEMATIC TREE PALETTE

PETERSEN STUDIO PARK AERIAL VIEW FROM SOUTHEAST
PETERSEN STUDIO OFF-LEASH DOG AREA 4,600 SF – ARTIFICIAL TURF

PETERSEN STUDIO OFF-LEASH DOG AREA

PETERSEN STUDIO SHADED LAWN WITH PICNIC PAVILION AND GARDEN ENCLOSED PICNIC AREA

PETERSEN STUDIO SHADED LAWN WITH PICNIC PAVILION AND GARDEN ENCLOSED PICNIC AREA PETERSEN STUDIO ENVIRONMENTAL PLAY (AGE 6-12)

PETERSEN STUDIO
ENVIRONMENTAL PLAY (AGE 6-12)

PETERSEN STUDIO
ENVIRONMENTAL PLAY (AGE 2-5)
' .
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PETERSEN STUDIO

ENVIRONMENTAL PLAY
ENVIRONMENTAL PLAY AREA – 7,600 SFPETERSEN STUDIO
1 3
2 4
5 6
7 8
9 10
11 12
13 14

LOG PILE

HILL SLIDE

SAND PLAY

PLAY POSTS / NOTCHED LOGS

WEST HILL RESILIENT TURF

DOUBLE BASKET SWING

LOG SPIN

TRAVERSE RINGS
M4 LOG JAM

POST & ROPE CLIMBER

ROUND TOWERS

NET & FLEX FORM CLIMBER

STEPPER TRAIL ON EAST HILL

SPINNEROUND SPINNER
1 2
3 4 5
6 7
8 9
10 11
13 14
16 175’
60’6’
16 15

PLAY FEATURES

SPIRAL TUBE SLIDE
12 TRANSFER BENCH16
15 16

SAFETY FENCE IN PLANTING

SEATWALL

SAND PLAY
3’ HILL
3’ HILL

RESILIENT
RUBBER

RESILIENT
RUBBER

PLAY LAWN
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0

PLAY AREA AGE GROUP ZONESPETERSEN STUDIO
AGES 2-5
AGES 6-12
AGES 2-12
AGES 6-12AGES 2-5
AGES 2-12
AGES 6-12

PLAY LAWN

PLAY AGE ZONES

SAFETY FENCE IN PLANTING
•••• ♦• ••
• • • • • • • ♦
••••••
•••• ♦ ♦
♦ •
• • • • • • • ♦
••••••
•••••• ♦ •
• • • • • • • ♦
••••••

PETERSEN STUDIO
M4 LOG JAM
Age Group: 6-12
Capacity: 18
5 7 8

SPINNEROUND SPINNER
Age Group: 6-12
Capacity: 18
11 ROUND TOWERS WITH TUBE SLIDE
Age Group: 6-12
Capacity: 25
10 POST & ROPE CLIMBER
Age Group: 6-12
Capacity: 4

HILL SLIDE
Age Group: 2-5
Capacity: 4

LOG SPIN
Age Group: 6-12
Capacity: 1

TRAVERSE RINGS
Age Group: 6-12
Capacity: 4

DOUBLE BASKET SWING
Age Group: 2-5, 6-12
Capacity: 8
14 PLAY AREA FEATURES AND EXPERIENCES

REPLACE

W/SPINNER

FROM SWP
12 1
9 0 0
0 0
0 0
0 0
0 PETERSEN STUDIO PLAY AREA EXPERIENCES AND CAPACITY MATRIX

BALANCING

SLIDING

BRACHIATING

SPINNING

CLIMBING

SWINGING

RUNNING /

FREE PLAY

INCLUSIVE PLAY

ELEMENTS
AGES 2-5 AGES 6-12
TOTAL:
*Free Play capacity
@ 50 SF/person
Elements of Play levels of Play Description Capacity (Ages 2-5)' levels of Play Description Capacity (Ages 6-12)' Total Plaver ound Capacit y Log Steppers
Bog Stilts
Log Steppers Notched Play Posts
Bog Stilts B,1,A Boulders
28 B,I
Log Pile Log Roll
Log Jam 1B
Net access to tower
Post & Rope tower access
Hill Slide 4 B,1,A Tower Tube Slide 2 6
log Jam
Traverse Rings 4
Play posts with hand holds Post & Rope tower acce ss 4
16 B.1.A l,A Internal Tower Nets 5 per net (interior)
Tower Interior Play
Log Roll
0 0 I,A Spinneround Spinner 18 18
Post & Rope - Grid 3
Log Pile
Tower Interior Play 25 (5 per level (inte ri or))
12 Climbing Holds on tower 4 (2 per climbing wall) B,I Horizontal Notched Logs 4 B,1,A 52 Net access to tower 4 Play posts with hand holds Transfer bench & hand holds to tower Log Jam
Double Basket Swing 4
Double Basket Swing Loveseat Swing 3 11 B,I B,1,A Traverse Rings Post & Rope tower access
B,l,A Adjacent Play Lawn•
45 B,1,A Adjacent Play Lawn•
85 130 +/- 6,500 SF +/- 6,500 SF
75 186 261
Magnetic Abacus 4
Hill Slide Net access to tower 4
Sand Play 8
Log Pile 12
Transfer bench & hand holds , 2 43
Basket Swing 4 Basket Swing 4
Loveseat Swing 3

MULTI-USE LAWN
1/2 ACRE

PLANTING
ENV. PLAY AREA

PLANTING

PLANTING

FITNESS
BIKE

SCHEMATIC DESIGN ILLUSTRATIVE PLAN

RICKABAUGH WAY

WONDO WAY
BLDG 4
PH 2
BLDG 1

ON-STREET PARKING
RETAIL
PARCEL

FAMILY PICNIC

PETERSEN STUDIO

PARK RESTROOM
PH 2
PLAZA

ON-STREET PARKING

OFF LEASH

DOG AREA
BLDG 2

CHASTAIN PLACE
PLAZA
PICNIC

PAVILION

PLAY FENCE

DOG FENCE
0’ 60’

THANK YOU
Recommendation
• Recommend that City Council approve the proposed Schematic Design- Master Plan for the New Public Neighborhood Park located at 1205 Coleman Avenue (Gateway Crossings Project).
3 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-726 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Informational Report Regarding Bi-Annual Project Status Report of the GIS Services Program

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City has made significant progress in establishing an enterprise Geographic Information System (GIS) program. On October 29, 2019, the City Council approved an agreement with Arini Geographics for Enterprise GIS Consulting Services. The agreement was approved for an initial term of three years, with the option of one additional two-year term. Council has requested a bi-annual project status report of GIS services. This is the fifth report.

DISCUSSION
With location a common attribute across numerous city services and assets, the City’s Enterprise GIS Program is a framework of people, process and technology enabling geospatial and asset information across departments managed in a single system. Integrating this information and making it available to staff and the public enables operational effectiveness, data driven decision making, cross departmental and regional coordination, citizen engagement and transparency.

Efforts are focused on both projects and day-to-day operations as shown below.

Projects - Project accomplishments during this reporting timeframe are:

Project Current
Reporting
Period
Next Reporting Period
Enterprise GIS Infrastructure ü Completed
Streets Trees Inventory ü Completed
Integrated 2021 Aerial Imagery ü Completed
Streets and Intersections Inventory In Progress Completion Planned Stadium Common Operational Picture Upgrade In Progress Completion Planned Citywide Desktop GIS Upgrade In Progress Completion Planned Parks & Recreation Assets Update In Progress Completion Planned Various Enterprise Asset Management Integrations In Progress Completion Planned Sewer Video Inspection Integration Initiate Completion Planned City of Santa Clara Printed on 6/17/2022Page 1 of 6
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22-726 Agenda Date: 6/21/2022
· Completed the upgrade of the City Enterprise GIS platform, software, and hardware. Significant technology improvements and an updated architecture ensure improved performance, cybersecurity, high availability, and business continuity, all of which better support real time transactional GIS. This GIS platform supports mission critical business integrations, such as permitting, 911 dispatch, public safety records management, document management, asset management, internally and publicly available applications such as infoMap and MapSantaClara, as well as story maps such as development projects and live traffic cameras. · Completed the City of Santa Clara's streets tree inventory. Close to 18,000 trees along city streets, including trees growing on street medians and city property were mapped and measured.

The location, an image of every tree, trunk diameter, canopy height and width dimensions were gathered. These are vital pieces of information for continuously assessing and proactively maintaining a thriving urban forest. Two separate trees GIS datasets were created, one for the Streets Division and another for the Parkways and Boulevards division. These data sets were integrated into Enterprise Asset Management (EAM) along with specific cartography (see sample below) for office and mobile usage. This is a critical operational tool that allows the respective divisions of the Department of Public Works to track each tree, its health, care needs, potential safety risks, as well as economic, environmental, and cultural value. This tree data is essential to developing an effective Urban Forest Management Plan and helps prioritize, analyze, execute, and justify future municipal forestry projects, including informing tree planting, managing invasive insects and diseases, as well as public education. As a 35-year Tree City USA designee and a 22- time winner of the prestigious Growth Award, the City of Santa Clara is committed to managing, preserving, and expanding its urban forest, and the GIS streets tree inventory helps support and accelerate that commitment.

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22-726 Agenda Date: 6/21/2022
· Integrated the 2021 high-resolution aerial imagery into the City Enterprise GIS Basemap, also available to staff and the public on infoMap 3.1 and MapSantaClara <https://map.santaclaraca.gov/public/index.html?viewer=regional> respectively. This new natural color image is the result of the ongoing partnership with the County of Santa Clara, together with most of its constituent cities and special districts. This is the latest addition to the multi-year high- resolution aerial imagery that provides top-down situational awareness to many City applications, from resolving City planning issues, to effective strategic and tactical public safety response, and streamlining assets mapping and inventory for more efficient infrastructure management.

Planned activities over the next six months:
· Complete GIS inventory of streets and intersections, providing the Department of Public Works with a comprehensive representation of the actual surface of the streets and intersections, to be integrated with the City EAM.
· Complete the upgrade to the Common Operational Picture providing live situational awareness to public safety activities related to events at the Levi’s Stadium. This effort started in August 2021 to align with technology upgrades and will continue to completion ahead of the start of the 2022 - 2023 NFL Season.
· Upgrade of the desktop GIS applications, including transitioning to the hybrid cloud/on-premises licensing model. The upgrade addresses technology end-of-life issues, ensures better GIS software and data usage accountability, while opening more opportunities for City staff to design and run location-based queries and analyses, as well as create and share their own maps and visualizations.
· Inventory and map Parks & Recreation assets and facilities added to the City since the initial inventory of all City parks and recreation assets (Kitchell Report, 2018). Provide training and technical support to enable the Department’s staff to further maintain their asset inventory. · Continue with the integration of the work order and computerized maintenance management system, part of the City’s EAM, for most of the GIS inventories of Streets Division’s asset classes:
storm drain, traffic signs, city streets, sidewalks, streets, and intersections. This effort will resume after the cleanup campaign is completed to allow for Streets Division resources to participate. · Initiate GIS integration with the new sewer video inspection system, which would automatically locate areas of improvement and help plan and execute informed preventative maintenance.

Day-to-Day Operations - Quality assurance and critical data updates are continually being performed in several areas:

Statistics and information related to Enterprise GIS activities can be found in the attached infographic (Attachment 1), indicating City Basemap updates since October 16, 2021, records count in the Enterprise Geospatial Repository (EGR) by department, as well as infoMap and MapSantaClara usage statistics by functionality and geography.

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22-726 Agenda Date: 6/21/2022
· City Enterprise GIS Basemap - specialized mapping system keeping track of the City’s foundational map layers (addresses, streets, parcels, ownership, general plan and zoning designations, multiyear aerial imagery - see illustration below) and key-related attributes. From October 16, 2021 through May 15, 2022 over 1,600 addresses were updated. An up-to-date Operations Dashboard <https://egis.santaclaraca.gov/portal/apps/opsdashboard/index.html>, which offers a near real-time visualization of edits done to the City Enterprise Basemap is available internally to City staff. Currently, the Enterprise GIS manages 276 - and growing - very diverse layers of geospatial and attribute information, covering the City, and some beyond the City borders, and serving most of the City's business functions, daily, from smart community development to preventative asset maintenance, from effective public safety to environmental compliance and sustainability.
· MapSantaClara - web-based application provides tailored access and reporting functionality to the public - <https://map.santaclaraca.gov> - received over 20,000 visits over the current reporting period.
· Open Data Geospatial Portal - web-based repository providing access to GIS data without the need to request such information, saving City staff time -https://map.santaclaraca.gov/data · Story Maps - specialized web-based GIS outlets that facilitate information dissemination and increase the level of service to the public, including Development Projects - http://santaclaraca.gov/devprojects and Live Traffic Cameras - <http://santaclaraca.gov/trafficcam>
· Public Safety - Supporting critical operations for both Fire and Police Departments, providing up to date maps and location information for the Computer-Aided Dispatch (CAD) system and police mobile data computers (MDCs), fire incident response and management.

City of Santa Clara Printed on 6/17/2022Page 4 of 6
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2 Admlnistrati've A~as
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6 District Election
7 Common Opero:t ional Picture
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9 UndetBrottll.d Elec:tt:ic Easerne-nts
10 Streets Centerflles
11 fl,M~
12 ~iteand FW St,11cturePtepla11;
13 Historic Properties
14 l.elnd Use Pli nnine;
1S t:i nd atid Air Part-els:
lEi P.rcperty OY111ershlp
17 'P-.arks..and Rea-eatkm Assets
1S City P:,rks
19 Police Oper ation al Layers
20 f ·o arable Wat.er Oistribut loll
l1 Remh:<l Walor
22 Refe feilC:e Geogra phle Feat ures
23 Sa111tary Sewer
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26 Street t ree5,
27 Traffh; Contro~
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2 Core GIS Layers
• Serving Most City Func tio ns with Excellence
Land Management and Community Development
Firefighting , Law Enforcement , Disaster Preparedness
Local Elections, Census, Public Health , Sustainability Utilities Operations, Capital Investments, Maintenance
Roadway Maintenance, Traffic and Refuse Management
Parks and Recreation, Urban Forest Management
Municipal Administration and Civic Engagement
Multi-agency Coordination and Information Exchange
Heritage Preservation and Visitors Services
Award-winning Public City Image Contribution
22-726 Agenda Date: 6/21/2022
· Enterprise Permitting - Supporting operations and enhancement of the new Enterprise Permit Management System, by providing GIS live location validation for new and more than 500,000 existing permit records, several ways of searching and mapping sites of interest, optimal routing for inspections, and an easy way to review historical records for properties and addresses through infoMap 3.1.
· Enterprise Asset Management (EAM) - key focus area enabling more effective management of City's assets to improve their utilization and performance, reduce capital and operational costs, and improve quality of service. City GIS is an integral part of the EAM Program as the system of record for all assets tracked.
· Regional GIS Collaboration and Coordination - collaboration with neighboring cities, the County of Santa Clara, and other government agencies to ensure regional timely and quality data acquisition and sharing. Through an ongoing agreement, City is receiving fresh annual high- resolution aerial imagery, which is the foundational GIS layer for the City Basemap. A separate effort seeks standardization of GIS data layers for emergency response, including NextGen 911 implementation.
· Steady State GIS - fulfilled numerous requests from various City departments, including the Council Districts boundary update; printable wall maps of Police Beats to aid new officers during their training, orientation, operations and reporting; analysis and map of available undeveloped City-owned properties North of US 101; map of citywide permitted accessory dwelling units; geospatial and property ownership data request to aid the Housing Element Update program; General Plan Amendment updates.

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.

FISCAL IMPACT
There is no cost to the City associated with this report other than administrative time and expense.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Note and file the Informational Report regarding the Bi-annual Project Status Report of the GIS Services Program.

Reviewed by: Gaurav Garg, Director of Information Technology/CIO Approved by: Rajeev Batra, City Manager
City of Santa Clara Printed on 6/17/2022Page 5 of 6
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22-726 Agenda Date: 6/21/2022

ATTACHMENTS

1. Infographic - Enterprise Geospatial Program Activity City of Santa Clara Printed on 6/17/2022Page 6 of 6
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October 16,2021 - May 15, 2022
0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 Search by Address
Other
Create Custom Radius
Find an Intersection
Conflict of Interest
Create a Radius
COI - Planning
Search by Owner
Multi-Address Radius
Permit APN Query
Select Addresses
Multiple APN Radius
Select Parcels
InfoMap Usage by Functionality
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000
Create a Report
Search by Address
Print a Map
Search by Parcel
Find an Intersectio...

Register a Camera
Permit Reports
Other
MapSantaClara Usage by Functionality
22,116 visits/requests
MapSantaClara Usage
0 500,000 1,000,000
Community Development
Water and Sewer
Streets
Fire
Silicon Valley Power
EGR Record Count by Department
1,662 Address Updates
Addresses Updated
InfoMap (http://infomap.santaclaraca.gov/) provides City Staff easy access to up-to-date and accurate GIS data, and printable maps and reports. These services and their supporting data facilitate operations in land records, public works, fire services, emergency management, law enforcement, planning and development, elections, health and human services, and many others.

MapSantaClara (https://map.santaclaraca.gov/), an
interactive city map, provides the City’s residents, businesses, and developers with quick access to information about Santa Clara.

Enterprise Geospatial Repository
Enterprise Geospatial Program Activity
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-815 Agenda Date: 6/21/2022

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to execute the 2022-2025 Memorandum of Understanding Between the City of Santa Clara and the International Brotherhood of Electrical Workers (IBEW), Local 1245 (hereafter, “Unit 3”), that incorporates the terms of the Tentative Agreement, and Adoption of a Resolution to Update the Classified Salary Plan for Classifications represented by IBEW

COUNCIL PILLAR
Enhance Community Engagement and Transparency.

BACKGROUND
The International Brotherhood of Electrical Workers (IBEW), Local 1245 (hereafter, “Unit 3”) Memorandum of Understanding (hereafter, “MOU”) expired on December 18, 2021.

While there are ongoing challenges related to the COVID-19 pandemic and the surrounding uncertainty, and its impacts on the City’s ongoing General Fund budget deficit, Unit 3 is exclusively funded through sources other than the General Fund. As of February 2022, the City projects a substantial General Fund ongoing shortfall of $19.6 million in FY 2023/24, which is largely the result of COVID-19 induced impacts on the City’s revenues.

As previously noted, the City of Santa Clara’s collective bargaining agreement with Unit 3 expired on December 18, 2021. The City and Unit 3 began negotiations on a successor MOU in August 2021 and met approximately seventeen (17) times. On or about May 27, 2022, the parties reached a Tentative Agreement on the overall terms of a successor MOU. Unit 3 notified the City on or about June 1, 2022, that the Tentative Agreement was ratified by Unit 3 membership.

Updated Salary Plan
Section 9 of the Personnel and Salary Resolution requires City Council approval of compensation plans for both classified and unclassified positions. California Code Regulations Section 570.5 requires the adoption of updated publicly available salary schedules by the governing body. The attached Resolution approves the updated salary plan for all classifications represented by IBEW consistent with the terms of the subject MOU.

DISCUSSION
The recommended action authorizes the City Manager to execute a successor Memorandum of Understanding with a term of December 19, 2021, through and including December 31, 2025, that incorporates the terms of the Tentative Agreement reached between both parties.

The following is a summary of the notable provisions of the Tentative Agreement, and a complete copy of the Tentative Agreement is attached:

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22-815 Agenda Date: 6/21/2022
Term:

December 19, 2021 - December 31, 2025
Wages:

Effective retroactive to December 26, 2021 (the first pay period of calendar year 2022), all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 7.5%.

Effective December 25, 2022 (the first pay period of calendar year 2023), all salary ranges for employees holding positions in classifications assigned to Unit 3 shall be increased by approximately

6.5%.

Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to Unit 3 shall be increased by approximately 5.5%.

Effective the first pay period of calendar year 2025, all salary ranges for employees holding positions in classifications assigned to Unit 3 shall be increased by approximately 5.0%.

Overtime
Effective the first full pay period after City Council approval, scheduled (pre-arranged) overtime as defined in the MOU shall be paid at the double time rate for pay; if an employee elects to receive the overtime as compensatory time off (or CTO), it shall remain status quo and be provided at the time and a half rate. It should be noted that non-scheduled (non-pre-arranged) overtime is already paid at the double time rate for both pay and CTO.

Specific to employees subject to Appendix A entitled “Shift Worker Agreement for Generation Division,” where employees are regularly scheduled to work 48 hours in week 1 and 36 hours in week 2, employees shall continue to receive CTO at the time and half rate for the first 3 hours of hours worked above 40 hours in the work week (with 4 hours being deducted to cover the second work week). If an employee elects pay for the remaining 5 hours during week 1, it shall be paid at the double time rate; however, if the employee elects CTO for the remaining 5 hours during week 2, it shall be status quo and provided at the time and a half rate.

Updated Salary Plan
The City of Santa Clara contracts with the California Public Employees’ Retirement System (CalPERS) to provide retirement benefits for employees in both classified and unclassified positions.

When the City makes modifications to the salary schedules for its classified or unclassified positions, the City Council must approve and adopt the publicly available salary schedules to comply with California Code of Regulations (CCR) section 570.5.

The Classified Salary Plan has been modified to reflect the 7.5% wage increase effective December 26, 2021, included in the subject MOU.

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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22-815 Agenda Date: 6/21/2022

FISCAL IMPACT
The City regularly budgets the total compensation cost for its current employees and integrates known and projected cost increases from MOUs in the City’s annual budget. The costs of this MOU are within budget authority approved by the City Council through the negotiation process.

The chart below reflects the estimated changes in costs in the General Fund as well as all funds over the term of the MOU. There are no Unit 3 positions currently funded by the General Fund.

Estimated Costs
Item Description Estimated General
Fund Cost
Estimated All
Funds Cost
Ongoing Items
Wages (2022) 7.5% N/A $1.2 M
Wages (2023) 6.5% N/A $1.1 M
Wages (2024) 5.5% N/A $1.0 M
Wages (2025) 5.0% N/A $1.0 M
Total $4.3 M
The costs associated with the changes to overtime cannot be determined at this time as the City cannot predict behavior. However, based on the average overtime costs for calendar years 2019- 2021, for all overtime earned by Unit 3 at the time and a half rate (either for pay or CTO) may result in increased annual costs of approximately $549,000. As noted above, current employees in Unit 3 are not funded by the General Fund and are exclusively funded through sources other than the General Fund.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> , or at the public
information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the International Brotherhood of Electrical Workers (IBEW), Local 1245 (Unit 3) with effective dates of December 19, 2021 - December 31, 2025, that incorporates the terms of the Tentative Agreement; and

2. Adopt a Resolution to approve the revised salary plan for various classified positions to satisfy the requirements of California Code of Regulations Section 570.5.

City of Santa Clara Printed on 6/17/2022Page 3 of 4
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22-815 Agenda Date: 6/21/2022
Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Tentative Agreement between the City and Unit 3 dated May 27, 2022

2. Updated Memorandum of Understanding between the City and Unit 3 in Track Change

3. Updated Memorandum of Understanding between the City and Unit 3

4. Classified Salary Plan (Effective 2021-12-26) and Approved 2022-06-21

5. Resolution
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TERM
CITY OF SANTA CLARA- IBEW LOCAL 1245 (UNIT 3)
2021 NEGOTIATIONS
TENTATIVE AGREEMENT**
■ December 19, 2021 - December 31, 2025
WAGES
■ 2022: 7 .5% general wage increase effective calendar year 2022. ~ffeeHve-Retroactively effective the first pay period of calendar year 2022, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 7.5%.
■ 2023: 6.5% general wage increase effective calendar year 2023. Effective the first pay period of calendar year 2023, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 6.5%.
■ 2024: 5.5% general wage increase effective calendar year 2024. Effective the first pay period of calendar year 2024, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 5.5%.
■ 2025: 5.0% general wage increase effective calendar year 2025. Effective the first pay period of calendar year 2025, all salary ranges in classifications assigned to Unit 3 shall be increased by approximately 5.0%.
■ See attached.

OVERTIME
• See attached
** THIS AGREEMENT IS CONSIDERED TENTATIVE AND SHALL NOT BE CONSIDERED FINAL OR BINDING UNTIL RA TIFJED BY /BEW LOCAL 1245 (UNIT 3) MEMBERS AND APPROVED BY CITY COUNCIL. THIS DOCUMENT SETS

FORTH THE FULL AGREEMENTS OF THE PARTIES REACHED DURING THESE NEGOT/A TIONS. ANYTHING NOT INCLUDED IN THE DOCUMENT IS NOT PART OF THE TENTATIVE AGREEMENT. ALL OTHER EXISTING MOU LANGUAGE SHALL REMAIN THE SAME.

FOR THE CITY:
~ ~
Aracely Azevedo
Director of Human Resources
FOR THE UNION:
5/31/22
Date Charley S u ers
Lead Negotiator, IBEW
City of Santa Clara
May-1-1;u, 2022