Agenda packet — City Council and Authorities Concurrent, July 12, 2022 (part 4 of 6)

EXHIBIT “A-2”
Legal Description
Street Vacation Area

VACATION OF PORTION OF TASMAN DRIVE
Real property in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

Being a portion of Tasman Drive, a City Street, as said street is shown on that certain Record of Survey Map recorded in Book 345 of Maps, at pages 1 through 8, Santa Clara County Records, and being more particularly described as follows:

Commencing at a point on the northwesterly line of Tasman Drive, said point being also the northeasterly terminus of a line shown as “N54°25’01”E, 403.63 feet” on sheet 4 of that certain Record of Survey, filed for record on August 22, 1974, in Book 345 of Maps at Pages 1 through 8, Santa Clara County Records; Thence along said northwesterly line of Tasman Drive, South 55°17’27” West, 197.79 feet to the TRUE POINT OF BEGINNING of this legal description;
Thence leaving said northwesterly line of Tasman Drive North 62°03'07" East, 175.81 feet to an angle point;
Thence North 27°30’00” West, 20.86 feet to a point on said northwesterly line of Tasman Drive; Thence along said northwesterly line, South 55°17’27” West, 177.21 feet to the TRUE POINT OF

BEGINNING
Containing an area of 1,834 square feet or 0.0421 acres, more or less.

BASIS OF BEARINGS: The bearings are based on the North American Datum of 1983 (NAD83), California Coordinate System, Zone 3, Epoch 2010. All distances in the description are grid distances.

Multiply expressed distances by 1.00005310 to obtain ground distances. Area shown is calculated using grid distances.

As shown on plat attached hereto and made a part hereof as EXHIBIT “B”.

This legal description was prepared by me, or under my direct supervision, in conformance with the requirements of the Professional Land Surveyors’ Act.
___________________________
David S. Darling
____03-30-2022_____________
Date
"B-2"
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-868 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Adopt a Resolution Declaring the Results of the Canvass of Returns of the Consolidated Special Municipal Election held on June 7, 2022 with the Statewide Direct Primary Election

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
A Consolidated Special Municipal Election was held on June 7, 2022, with the Statewide Direct Primary Election. California elections Code Section 9296 and 10262 require that the City Council adopt a Resolution reciting the facts of the election no later than the next regularly scheduled City Council meeting following presentation of the 28-day canvass of returns. The Santa Clara County Registrar of Voters canvassed the returns of the election and presented the certified results to the City on July 7, 2022.

DISCUSSION
Consistent with the California Elections Code, staff brings forward this report and has prepared a resolution for adoption. Attached is the official canvass of the returns of said election with the appropriate provisions of the California Elections Code. The results of said election is as follows:

A. TOTAL NUMBER OF BALLOTS CAST IN THE CITY:

1. Registered Voters 56,913

2. Voter Turnout 18,007
B. MEASURES AND TOTAL VOTES RECEIVED:

Measure D - Charter Amendment
i. Yes 14,172 78.70%
ii.No 3,835 21.30%

FISCAL IMPACT
There was no fiscal impact in the preparation of this report.

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]> .

City of Santa Clara Page 1 of 2 Printed on 7/8/2022
powered by Legistar™
22-868 Agenda Date: 7/12/2022

RECOMMENDATION
Adopt a resolution declaring the results of the Consolidated Special Municipal Election held on June 7, 2022 with the Statewide Direct Primary Election
Reviewed by Nora Pimentel, Assistant City Clerk
Approved by: Hosam Haggag, City Clerk

ATTACHMENTS

1. Resolution Declaring the Results of the Election

2. Exhibit A - Certificate of Election Results

3. Exhibit B - Official Final Results Cumulative Totals City of Santa Clara Page 2 of 2 Printed on 7/8/2022
powered by Legistar™
Resolution/Certifying Election Results Page 1 of 3
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

RECITING THE FACTS OF THE CONSOLIDATED MUNICIPAL

SPECIAL ELECTION HELD IN THE CITY OF SANTA CLARA ON
June 7, 2022, WITH THE STATEWIDE DIRECT PRIMARY

ELECTION DECLARING THE RESULTS OF THE ELECTION AND

SUCH OTHER MATTERS AS PROVIDED BY LAW
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, a Consolidated Municipal Special Election was held and conducted in the City of Santa Clara, on Tuesday, June 7, 2022, as required by law; WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. (a resolution calling for a consolidated special municipal election to be held on June 7, 2022 with the Statewide Direct Primary election) adopted on February 22, 2022 and July 7, 2022, the County Registrar of Voters canvassed the returns of the election and has certified to this City Council, the results are received, attached and made part of hereof as Exhibit A and B.

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

1. That the total number of votes (ballots):

2. That the City does declare and determine that Measure D City of Santa Clara Charter Amendment on District Council Elections was successful/defeated with results as follows: votes in favor of Measure D – 14,172; and votes against Measure D – 3,835.

3. That the Assistant City Clerk shall certify to the passage and adoption of this resolution and enter into the book of original resolutions.

Resolution/Certifying Election Results Page 2 of 3
Rev: 11/22/17

4. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 12
th day of July 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

HOSAM HAGGAG

CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Exhibit A – Certificate of Election Results

2. Exhibit B – Santa Clara County Official Final Results Cumulative Totals June 7, 2022 Exhibit A
County of Santa Clara
Registrar of Voters
1555 Berger Drive. Bldg. 2
San Jose. CA 95112
Mailing Address: P.O. Box 611360. san Jose, CA 95161-1360 (,i 08) 299-VOTE (8683) 866-430-VOTE (8683) FAX: (408) 998-7314 www.sccvote.org
July 7, 2022
Hosam Haggag
City of Santa Clara
1500 Warburton Ave
Santa Clara, CA 95050
RE: Certification of Election Results - June 7, 2022 Statewide Direct Primary Election Dear Mr. Haggag:

Enclosed are the Certificate of Election Results, Official Results and Statement of Votes for the contest(s) in your jurisdiction.

Pursuant to Elections Code Section 15400, the Governing Board should accept the Statement of Votes and Certificate of Election Results, and declare the totals to be the final results of the election.

Please contact Election Division Coordinator Bren Lehr at 408-282-3041 should you have questions or need anything further.

Sincerely,
Bren Lehr, Election Division Coordinator
Candidate Services Division County of Santa Clara Registrar of Voters Encl/BL
l:30<1rd of Supervisors: ;'dike \\'c1sse'r111an. Cinch Cll<i\ e'Z. Otto Lee'. SLIS<il) Ellenl,e1·g S .IOS('l)I) Si111i1i,11l Cot111tY E:-;ccutivc: .1e111·ey \·. Srni1l1

CERTIFICATE OF ELECTION RESULTS

STATE OF CALIFORNIA )
) ss.

COUNTY OF SANTA CLARA )
I, Shannon Bushey, Registrar of Voters of the County of Santa Clara, State of California, hereby declare:

1. A Statewide Direct Primary Election was held in the County of Santa Clara, in the City of Santa Clarar on June 7th, 2022 for the purpose of submitting the following measure to the voters:

D DISTRICT COUNCIL ELECTIONS. Shall the City Charter be amended to elect city council members by district, excepting the mayor, to establish six districts for the election of one council member to represent each district; and to establish a 30-day residency requirement for all elected officials?

2. The official canvass of the returns of the election was conducted by the Office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California.

3. The Statement of Votes Cast, now on file at my office, shows the whole number of votes cast for Measure D in each of the precincts and the total shown is true and correct.

WITNESS my hand and Official Seal this 7th day of July, 2022. 7/6/2022 2:34:36 PM
District Registered Voters Total Votes
Countywide
Electionwide
Precinct 56,913 556 63.62% 318 36.38% 874
Vote by Mail 56,913 13,616 79.47% 3,517 20.53% 17,133
Electionwide - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
Countywide - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Board of Equalization (State)
State Board of Equalization
#2
Precinct 56,913 556 63.62% 318 36.38% 874
Vote by Mail 56,913 13,616 79.47% 3,517 20.53% 17,133
State Board of Equalization #2 -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
Board of Equalization (State) -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
Congressional District
17th Congressional District
Precinct 56,913 556 63.62% 318 36.38% 874
Vote by Mail 56,913 13,616 79.47% 3,517 20.53% 17,133
17th Congressional District -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
Congressional District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Page: 37 of 41
Measure D - City of Santa Clara - Charter Amendment (Vote for 1) District YES NO
Cumulative
Precinct
Vote by Mail
Cumulative - Total
Countywide - Total
Countywide
Electionwide
Precinct
Vote by Mail
Electionwide - Total
Cumulative
Precinct
Vote by Mail
Cumulative - Total
Board of Equalization (State) -
Total
Board of Equalization (State)
State Board of Equalization
#2
Precinct
Vote by Mail
State Board of Equalization #2 -
Total
Cumulative
Precinct
Vote by Mail
Cumulative - Total
Congressional District - Total
Congressional District
17th Congressional District
Precinct
Vote by Mail
17th Congressional District -
Total
Exhibit B
Page: 37 of 41 7/6/2022 2:34:36 PM
State Senator
10th Senatorial District
Precinct 56,913 556 63.62% 318 36.38% 874
Vote by Mail 56,913 13,616 79.47% 3,517 20.53% 17,133
10th Senatorial District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 15th Senatorial District
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
15th Senatorial District - Total 0 0 0 0
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
State Senator - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Member of the State
Assembly
25th Assembly District
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
25th Assembly District - Total 0 0 0 0
26th Assembly District
Precinct 56,913 556 63.62% 318 36.38% 874
Vote by Mail 56,913 13,616 79.47% 3,517 20.53% 17,133
26th Assembly District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
Member of the State Assembly -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
County Supervisor
4th Supervisorial District
Precinct 56,913 556 63.62% 318 36.38% 874
Vote by Mail 56,913 13,616 79.47% 3,517 20.53% 17,133
4th Supervisorial District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Precinct 0 0 0 0
15th Senatorial District
Precinct
Vote by Mail
15th Senatorial District - Total
Cumulative
State Senator
10th Senatorial District
Precinct
Vote by Mail
10th Senatorial District - Total
25th Assembly District
Precinct
Vote by Mail
25th Assembly District - Total
26th Assembly District
Precinct
Vote by Mail
Cumulative - Total
State Senator - Total
Member of the State
Assembly
Vote by Mail
Cumulative - Total
Member of the State Assembly -
Total
County Supervisor
4th Supervisorial District
Precinct
Vote by Mail
26th Assembly District - Total
Cumulative
Precinct
Precinct
Vote by Mail
4th Supervisorial District - Total
Cumulative
Precinct
Page: 37 of 41 7/6/2022 2:34:36 PM
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
County Supervisor - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 City
City of Santa Clara
Precinct 56,913 556 63.62% 318 36.38% 874
Vote by Mail 56,913 13,616 79.47% 3,517 20.53% 17,133
City of Santa Clara - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
City - Total 56,913 14,172 78.70% 3,835 21.30% 18,007
City sub-district
Santa Clara City Member, City
Council, District 1
Precinct 7,652 86 71.07% 35 28.93% 121
Vote by Mail 7,652 1,481 81.69% 332 18.31% 1,813
Santa Clara City Member, City
Council, District 1 - Total
7,652
1,567 81.02% 367 18.98% 1,934
Santa Clara City Member, City
Council, District 2
Precinct 10,523 99 66.89% 49 33.11% 148
Vote by Mail 10,523 2,342 78.91% 626 21.09% 2,968
Santa Clara City Member, City
Council, District 2 - Total
10,523
2,441 78.34% 675 21.66% 3,116
Santa Clara City Member, City
Council, District 3
Precinct 9,092 69 60.53% 45 39.47% 114
Vote by Mail 9,092 2,109 78.02% 594 21.98% 2,703
Santa Clara City Member, City
Council, District 3 - Total
9,092
2,178 77.32% 639 22.68% 2,817
Santa Clara City Member, City
Council, District 4
Precinct 9,214 83 60.14% 55 39.86% 138
Vote by Mail 9,214 2,273 80.63% 546 19.37% 2,819
Santa Clara City Member, City
Council, District 4 - Total
9,214
2,356 79.68% 601 20.32% 2,957
Santa Clara City Member, City
Council, District 5
Precinct 9,044 86 62.32% 52 37.68% 138
Vote by Mail
Cumulative - Total
County Supervisor - Total
City
City of Santa Clara
Vote by Mail
Cumulative - Total
City - Total
City sub-district
Santa Clara City Member, City
Council, District 1
Precinct
Vote by Mail
City of Santa Clara - Total
Cumulative
Precinct
Vote by Mail
Santa Clara City Member, City
Council, District 2 - Total
Santa Clara City Member, City
Council, District 3
Precinct
Vote by Mail
Precinct
Vote by Mail
Santa Clara City Member, City
Council, District 1 - Total
Santa Clara City Member, City
Council, District 2
Precinct
Santa Clara City Member, City
Council, District 5
Precinct
Santa Clara City Member, City
Council, District 3 - Total
Santa Clara City Member, City
Council, District 4
Precinct
Vote by Mail
Santa Clara City Member, City
Council, District 4 - Total
Page: 37 of 41 7/6/2022 2:34:36 PM
Vote by Mail 9,044 2,314 79.19% 608 20.81% 2,922
Santa Clara City Member, City
Council, District 5 - Total
9,044
2,400 78.43% 660 21.57% 3,060
Santa Clara City Member, City
Council, District 6
Precinct 11,388 133 61.86% 82 38.14% 215
Vote by Mail 11,388 3,097 79.25% 811 20.75% 3,908
Santa Clara City Member, City
Council, District 6 - Total
11,388
3,230 78.34% 893 21.66% 4,123
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Cumulative - Total 0 0 0 0
City sub-district - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Vote by Mail
Santa Clara City Member, City
Council, District 5 - Total
Santa Clara City Member, City
Council, District 6
Vote by Mail
Cumulative - Total
City sub-district - Total
Precinct
Vote by Mail
Santa Clara City Member, City
Council, District 6 - Total
Cumulative
Precinct
7/6/2022 10:21:50 AM
Precinct Registered Voters Total Votes
Countywide
Electionwide
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 24 75.00% 8 25.00% 32
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct 2,203 17 65.38% 9 34.62% 26
0009067
Precinct
Total
0009062
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009057
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009055
Precinct
0009009
Precinct
Vote by Mail
Total
0009051
Total
0009002
Precinct
Vote by Mail
Total
Countywide
Electionwide
0009001
Precinct
Vote by Mail
Page: 37 of 41
Measure D - City of Santa Clara - Charter Amendment (Vote for 1) Precinct YES NO
Page: 37 of 41 7/6/2022 10:21:50 AM
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009078
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
0009101
Precinct 3,179 19 50.00% 19 50.00% 38
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
Total
0009163
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009159
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009151
Precinct
0009109
Precinct
Vote by Mail
Total
0009150
Total
0009103
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009101
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009078
Precinct
Vote by Mail
Total
0009071
Page: 37 of 41 7/6/2022 10:21:50 AM
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Total 1,378 434 76.81% 131 23.19% 565
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Vote by Mail 1,815 469 76.89% 141 23.11% 610
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
0009250
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Total
0009264
Precinct
Vote by Mail
Total
0009259
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009251
Precinct
0009219
Precinct
Vote by Mail
Total
0009250
Total
0009213
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009208
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009203
Precinct
0009166
Precinct
Vote by Mail
Total
0009201
Page: 37 of 41 7/6/2022 10:21:50 AM
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
Electionwide - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
Countywide - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Board of Equalization (State)
State Board of Equalization
#2
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
0009051
Precinct
Vote by Mail
Total
0009055
Total
0009009
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009002
Precinct
Vote by Mail
Countywide - Total
Board of Equalization (State)
State Board of Equalization
#2
0009001
Precinct
Cumulative
Precinct
Vote by Mail
Total
Cumulative - Total
Precinct
Vote by Mail
Total
Electionwide - Total
Cumulative
0009268
Precinct
Vote by Mail
Total
0009273
Vote by Mail
Total
Page: 37 of 41 7/6/2022 10:21:50 AM
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 24 75.00% 8 25.00% 32
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct 2,203 17 65.38% 9 34.62% 26
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009078
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
0009101
Precinct 3,179 19 50.00% 19 50.00% 38
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
0009150
Precinct
Vote by Mail
Total
0009109
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009103
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009101
Precinct
0009071
Precinct
Vote by Mail
Total
0009078
Total
0009067
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009062
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009057
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Total 1,378 434 76.81% 131 23.19% 565
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Vote by Mail 1,815 469 76.89% 141 23.11% 610
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
0009250 0009250
Total
0009219
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009213
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009208
Precinct
0009201
Precinct
Vote by Mail
Total
0009203
Total
0009166
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009163
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009159
Precinct
Total
0009151
Page: 37 of 41 7/6/2022 10:21:50 AM
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
State Board of Equalization #2 -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
Cumulative
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
Board of Equalization (State) -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
Congressional District
17th Congressional District
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
Precinct
Vote by Mail
Total
Cumulative - Total
Board of Equalization (State) -
Total
Congressional District
17th Congressional District
0009001
Cumulative
Cumulative
Precinct
Vote by Mail
Total
0009273
Precinct
Vote by Mail
Total
State Board of Equalization #2 -
Total
Total
0009268
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009264
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009259
Precinct
Precinct
Vote by Mail
Total
0009251
Page: 37 of 41 7/6/2022 10:21:50 AM
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 24 75.00% 8 25.00% 32
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct 2,203 17 65.38% 9 34.62% 26
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009078
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
0009101
Precinct 3,179 Precinct 19 50.00% 19 50.00% 38
0009078
Precinct
Vote by Mail
Total
0009101
Total
0009071
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009067
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009062
Precinct
0009055
Precinct
Vote by Mail
Total
0009057
Total
0009051
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009009
Precinct
Vote by Mail
0009002
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Total 1,378 434 76.81% 131 23.19% 565
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Vote by Mail 1,815 469 76.89% 141 23.11% 610
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009203
Precinct
Vote by Mail
Total
Total
0009201
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009166
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009163
Precinct
0009151
Precinct
Vote by Mail
Total
0009159
Total
0009150
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009109
Precinct
Vote by Mail
Vote by Mail
Total
0009103
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
0009250
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
17th Congressional District -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
Cumulative
17th Congressional District -
Total
Cumulative
Total
0009273
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009268
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009264
Precinct
0009251
Precinct
Vote by Mail
Total
0009259
Total
0009250
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009219
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009213
Precinct
0009208
Page: 37 of 41 7/6/2022 10:21:50 AM
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
Congressional District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 State Senator
10th Senatorial District
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 24 75.00% 8 25.00% 32
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct
Vote by Mail
Total
0009067
0009057
Precinct
Vote by Mail
Total
0009062
Total
0009055
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009051
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009009
Precinct
0009001
Precinct
Vote by Mail
Total
0009002
Total
Cumulative - Total
Congressional District - Total
State Senator
10th Senatorial District
Cumulative
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
Precinct 2,203 17 65.38% 9 34.62% 26
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009101
Precinct 3,179 19 50.00% 19 50.00% 38
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Precinct
Vote by Mail
0009163
Precinct
Vote by Mail
Total
0009166
Total
0009159
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009151
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009150
Precinct
0009103
Precinct
Vote by Mail
Total
0009109
Total
0009101
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009071
Precinct
Vote by Mail
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
Total 1,378 434 76.81% 131 23.19% 565
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Vote by Mail 1,815 469 76.89% 141 23.11% 610
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
0009250
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
0009264
Precinct
Vote by Mail
Total
0009268
Total
0009259
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009251
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009250
Precinct
0009213
Precinct
Vote by Mail
Total
0009219
Total
0009208
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009203
Precinct
Vote by Mail
Total
0009201
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
10th Senatorial District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 15th Senatorial District
0009078
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
15th Senatorial District - Total 0 0 0 0
Cumulative
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
State Senator - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Member of the State
Assembly
25th Assembly District
0009078
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
25th Assembly District - Total 0 0 0 0
26th Assembly District
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
Vote by Mail
Total
Precinct
Vote by Mail
Total
0009002
Precinct
Vote by Mail
Total
25th Assembly District - Total
26th Assembly District
0009001
State Senator - Total
Member of the State
Assembly
25th Assembly District
0009078
Precinct
Cumulative
Precinct
Vote by Mail
Total
Cumulative - Total
Precinct
Vote by Mail
Total
15th Senatorial District - Total
Cumulative
Vote by Mail
Total
10th Senatorial District - Total
15th Senatorial District
0009078
Precinct
Vote by Mail
Total
0009273
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 24 75.00% 8 25.00% 32
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct 2,203 17 65.38% 9 34.62% 26
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009101
Precinct 3,179 19 50.00% 19 50.00% 38
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Precinct
Vote by Mail
Total
0009109
Precinct
0009101
Precinct
Vote by Mail
Total
0009103
Total
0009071
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009067
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009062
Precinct
0009055
Precinct
Vote by Mail
Total
0009057
Total
0009051
Precinct
Vote by Mail
Total
0009009
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Total 1,378 434 76.81% 131 23.19% 565
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Vote by Mail 1,815 469 76.89% 141 23.11% 610
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
Precinct
Vote by Mail
Total
0009208
Precinct
Vote by Mail
Total
0009213
Total
0009203
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009201
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009166
Precinct
0009159
Precinct
Vote by Mail
Total
0009163
Total
0009151
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009150
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
0009250
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
26th Assembly District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
Member of the State Assembly -
Total
56,913 14,172 78.70% 3,835 21.30% 18,007
County Supervisor
Vote by Mail
Total
Cumulative - Total
Member of the State Assembly -
Total
County Supervisor
Total
26th Assembly District - Total
Cumulative
Cumulative
Precinct
Vote by Mail
Total
0009273
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009268
Precinct
0009259
Precinct
Vote by Mail
Total
0009264
Total
0009251
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009250
Precinct
Vote by Mail
0009219
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
4th Supervisorial District
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 24 75.00% 8 25.00% 32
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct 2,203 17 65.38% 9 34.62% 26
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009078
Vote by Mail
Total
0009078
Precinct
Vote by Mail
Total
0009071
Precinct
0009062
Precinct
Vote by Mail
Total
0009067
Total
0009057
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009055
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009051
Precinct
0009002
Precinct
Vote by Mail
Total
0009009
4th Supervisorial District
0009001
Precinct
Vote by Mail
Total
Page: 37 of 41 7/6/2022 10:21:50 AM
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
0009101
Precinct 3,179 19 50.00% 19 50.00% 38
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Total 1,378 434 76.81% 131 23.19% 565
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Vote by Mail 1,815 Vote by Mail 469 76.89% 141 23.11% 610 Precinct
Vote by Mail
Total
0009201
Precinct
0009163
Precinct
Vote by Mail
Total
0009166
Total
0009159
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009151
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009150
Precinct
0009103
Precinct
Vote by Mail
Total
0009109
Total
0009101
Precinct
Vote by Mail
Total
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
0009250
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct
Vote by Mail
Total
0009273
0009264
Precinct
Vote by Mail
Total
0009268
Total
0009259
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009251
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009250
Precinct
0009213
Precinct
Vote by Mail
Total
0009219
Total
0009208
Precinct
Vote by Mail
Total
Total
0009203
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
4th Supervisorial District - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
County Supervisor - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 City
City of Santa Clara
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 Total 24 75.00% 8 25.00% 32
Vote by Mail
Total
0009057
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009055
Precinct
0009009
Precinct
Vote by Mail
Total
0009051
Total
0009002
Precinct
Vote by Mail
Total
City
City of Santa Clara
0009001
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
Cumulative - Total
County Supervisor - Total
Vote by Mail
Total
4th Supervisorial District - Total
Cumulative
Cumulative
Precinct
Page: 37 of 41 7/6/2022 10:21:50 AM
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct 2,203 17 65.38% 9 34.62% 26
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009078
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
0009101
Precinct 3,179 19 50.00% 19 50.00% 38
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail
Total
0009159
Precinct
Precinct
Vote by Mail
Total
0009151
Precinct
0009109
Precinct
Vote by Mail
Total
0009150
Total
0009103
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009101
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009078
Precinct
0009067
Precinct
Vote by Mail
Total
0009071
0009062
Precinct
Vote by Mail
Total
Page: 37 of 41 7/6/2022 10:21:50 AM
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Total 1,378 434 76.81% 131 23.19% 565
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Vote by Mail 1,815 469 76.89% 141 23.11% 610
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
0009250
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
Vote by Mail
Total
Precinct
Vote by Mail
Total
0009251
Precinct
0009219
Precinct
Vote by Mail
Total
0009250
Total
0009213
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009208
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009203
Precinct
0009166
Precinct
Vote by Mail
Total
0009201
Total
0009163
Precinct
Vote by Mail
Total
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
City of Santa Clara - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
City - Total 56,913 14,172 78.70% 3,835 21.30% 18,007
City sub-district
Santa Clara City Member, City
Council, District 1
0009001
Precinct 2,258 12 75.00% 4 25.00% 16
Vote by Mail 2,258 440 80.44% 107 19.56% 547
Total 2,258 452 80.28% 111 19.72% 563
0009002
Precinct 2,696 37 69.81% 16 30.19% 53
Vote by Mail 2,696 485 81.10% 113 18.90% 598
Total 2,696 522 80.18% 129 19.82% 651
0009009
Precinct 2,698 37 71.15% 15 28.85% 52
Vote by Mail 2,698 556 83.23% 112 16.77% 668
Total 2,698 593 82.36% 127 17.64% 720
Total
0009009
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009002
Precinct
Vote by Mail
City - Total
City sub-district
Santa Clara City Member, City
Council, District 1
0009001
Precinct
Cumulative
Precinct
Vote by Mail
Total
Cumulative - Total
Precinct
Vote by Mail
Total
City of Santa Clara - Total
Cumulative
0009268
Precinct
Vote by Mail
Total
0009273
Total
0009264
Precinct
Vote by Mail
Total
0009259
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
Santa Clara City Member, City
Council, District 1 - Total
7,652
1,567 81.02% 367 18.98% 1,934
Santa Clara City Member, City
Council, District 2
0009051
Precinct 1,927 11 55.00% 9 45.00% 20
Vote by Mail 1,927 383 75.69% 123 24.31% 506
Total 1,927 394 74.90% 132 25.10% 526
0009055
Precinct 914 7 87.50% 1 12.50% 8
Vote by Mail 914 186 90.29% 20 9.71% 206
Total 914 193 90.19% 21 9.81% 214
0009057
Precinct 165 1 100.00% 0 0.00% 1
Vote by Mail 165 23 74.19% 8 25.81% 31
Total 165 24 75.00% 8 25.00% 32
0009062
Precinct 2,807 34 73.91% 12 26.09% 46
Vote by Mail 2,807 691 78.34% 191 21.66% 882
Total 2,807 725 78.13% 203 21.88% 928
0009067
Precinct 2,203 17 65.38% 9 34.62% 26
Vote by Mail 2,203 556 78.31% 154 21.69% 710
Total 2,203 573 77.85% 163 22.15% 736
0009071
Precinct 2,507 29 61.70% 18 38.30% 47
Vote by Mail 2,507 503 79.46% 130 20.54% 633
Total 2,507 532 78.24% 148 21.76% 680
0009078
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Santa Clara City Member, City
Council, District 2 - Total
10,523
2,441 78.34% 675 21.66% 3,116
Santa Clara City Member, City
Council, District 3
0009101
Precinct 3,179 19 50.00% 19 50.00% 38
Vote by Mail 3,179 744 79.91% 187 20.09% 931
Santa Clara City Member, City
Council, District 2 - Total
Santa Clara City Member, City
Council, District 3
0009101
Precinct
Vote by Mail
Total
0009078
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009071
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009067
Precinct
0009057
Precinct
Vote by Mail
Total
0009062
Total
0009055
Precinct
Vote by Mail
Total
Santa Clara City Member, City
Council, District 1 - Total
Santa Clara City Member, City
Council, District 2
0009051
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
Total 3,179 763 78.74% 206 21.26% 969
0009103
Precinct 3,457 27 71.05% 11 28.95% 38
Vote by Mail 3,457 792 75.64% 255 24.36% 1,047
Total 3,457 819 75.48% 266 24.52% 1,085
0009109
Precinct 2,456 23 60.53% 15 39.47% 38
Vote by Mail 2,456 573 79.03% 152 20.97% 725
Total 2,456 596 78.11% 167 21.89% 763
Santa Clara City Member, City
Council, District 3 - Total
9,092
2,178 77.32% 639 22.68% 2,817
Santa Clara City Member, City
Council, District 4
0009150
Precinct 1,999 14 58.33% 10 41.67% 24
Vote by Mail 1,999 467 84.45% 86 15.55% 553
Total 1,999 481 83.36% 96 16.64% 577
0009151
Precinct 2,989 28 66.67% 14 33.33% 42
Vote by Mail 2,989 659 79.21% 173 20.79% 832
Total 2,989 687 78.60% 187 21.40% 874
0009159
Precinct 1,472 18 85.71% 3 14.29% 21
Vote by Mail 1,472 315 80.98% 74 19.02% 389
Total 1,472 333 81.22% 77 18.78% 410
0009163
Precinct 1,376 7 36.84% 12 63.16% 19
Vote by Mail 1,376 414 80.86% 98 19.14% 512
Total 1,376 421 79.28% 110 20.72% 531
0009166
Precinct 1,378 16 50.00% 16 50.00% 32
Vote by Mail 1,378 418 78.42% 115 21.58% 533
Total 1,378 434 76.81% 131 23.19% 565
Santa Clara City Member, City
Council, District 4 - Total
9,214
2,356 79.68% 601 20.32% 2,957
Santa Clara City Member, City
Council, District 5
0009201
Precinct 1,815 14 58.33% 10 41.67% 24
Total
Santa Clara City Member, City
Council, District 4 - Total
Santa Clara City Member, City
Council, District 5
0009201
Precinct
Vote by Mail
Total
0009166
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009163
Precinct
0009151
Precinct
Vote by Mail
Total
0009159
Santa Clara City Member, City
Council, District 4
0009150
Precinct
Vote by Mail
Total
0009109
Precinct
Vote by Mail
Total
Santa Clara City Member, City
Council, District 3 - Total
Total
0009103
Precinct
Vote by Mail
Total
Page: 37 of 41 7/6/2022 10:21:50 AM
Vote by Mail 1,815 469 76.89% 141 23.11% 610
Total 1,815 483 76.18% 151 23.82% 634
0009203
Precinct 1,744 13 56.52% 10 43.48% 23
Vote by Mail 1,744 480 79.47% 124 20.53% 604
Total 1,744 493 78.63% 134 21.37% 627
0009208
Precinct 1,491 17 70.83% 7 29.17% 24
Vote by Mail 1,491 399 82.95% 82 17.05% 481
Total 1,491 416 82.38% 89 17.62% 505
0009213
Precinct 1,819 15 50.00% 15 50.00% 30
Vote by Mail 1,819 465 80.31% 114 19.69% 579
Total 1,819 480 78.82% 129 21.18% 609
0009219
Precinct 2,175 27 72.97% 10 27.03% 37
Vote by Mail 2,175 501 77.31% 147 22.69% 648
Total 2,175 528 77.08% 157 22.92% 685
Santa Clara City Member, City
Council, District 5 - Total
9,044
2,400 78.43% 660 21.57% 3,060
Santa Clara City Member, City
Council, District 6
0009250
Precinct 2,465 24 53.33% 21 46.67% 45
Vote by Mail 2,465 634 78.66% 172 21.34% 806
Total 2,465 658 77.32% 193 22.68% 851
0009251
Precinct 1,540 19 63.33% 11 36.67% 30
Vote by Mail 1,540 450 75.89% 143 24.11% 593
Total 1,540 469 75.28% 154 24.72% 623
0009259
Precinct 2,155 30 66.67% 15 33.33% 45
Vote by Mail 2,155 612 77.76% 175 22.24% 787
Total 2,155 642 77.16% 190 22.84% 832
0009264
Precinct 2,460 30 61.22% 19 38.78% 49
Vote by Mail 2,460 671 81.53% 152 18.47% 823
Total 2,460 701 80.39% 171 19.61% 872
0009268
Total
0009268
Vote by Mail
Total
0009264
Precinct
Vote by Mail
Precinct
Vote by Mail
Total
0009259
Precinct
0009250
Precinct
Vote by Mail
Total
0009251
Precinct
Vote by Mail
Total
Santa Clara City Member, City
Council, District 5 - Total
Santa Clara City Member, City
Council, District 6
0009213
Precinct
Vote by Mail
Total
0009219
Total
0009208
Precinct
Vote by Mail
Total
Vote by Mail
Total
0009203
Precinct
Vote by Mail
Page: 37 of 41 7/6/2022 10:21:50 AM
Precinct 1,520 15 53.57% 13 46.43% 28
Vote by Mail 1,520 407 78.72% 110 21.28% 517
Total 1,520 422 77.43% 123 22.57% 545
0009273
Precinct 1,248 15 83.33% 3 16.67% 18
Vote by Mail 1,248 323 84.55% 59 15.45% 382
Total 1,248 338 84.50% 62 15.50% 400
Santa Clara City Member, City
Council, District 6 - Total
11,388
3,230 78.34% 893 21.66% 4,123
Cumulative
Cumulative
Precinct 0 0 0 0
Vote by Mail 0 0 0 0
Total 0 0 0 0
Cumulative - Total 0 0 0 0
City sub-district - Total 56,913 14,172 78.70% 3,835 21.30% 18,007 Cumulative - Total
City sub-district - Total
Cumulative
Cumulative
Precinct
Vote by Mail
Total
0009273
Precinct
Vote by Mail
Total
Santa Clara City Member, City
Council, District 6 - Total
Precinct
Vote by Mail
Total
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-877 Agenda Date: 7/12/2022

REPORT TO COUNCIL AND STADIUM AUTHORITY BOARD

SUBJECT
Action on a Joint Resolution Delegating Authority to the City Manager/Executive Director for City/Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority During the Council Recess from July 13, 2022 to August 15, 2022

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
City Council will take a scheduled recess from July 13, 2022 to August 15, 2022, during which time, no City Council/Santa Clara Stadium Authority/Sports and Open Spaces Authority/Housing Authority meetings will take place. In prior years, Council has delegated authority to the City Manager/Executive Director/Contract Administrator or his designee through resolution (Attachment 1) to approve contracts and take other administrative actions as necessary during the Council recess on items vital to the function of the City. A report summarizing actions taken by the City Manager/Executive Director/Contract Administrator will be presented to the City Council in September 2022.

DISCUSSION
The City’s Municipal Code Section 2.105.300 provides cases for emergency procurement by the City Manager where an emergency is defined as, “a situation where immediate action is required to preserve the public peace, health and safety and/or to avoid severe degradation of City property or a facility.” If contracts arise during the recess that were not previously anticipated, the City Manager will only act should they meet the above criteria.

The City Manager and City departments have reviewed items that will be crucial to execute during the recess, including but not limited to the following:
· Potential acceptance of grant awarded from California Library Literacy Services projected amount of $91,766 to fund Santa Clara City Library Adult Literacy Services and Family Literacy Services Program
· Potential acceptance of grant awarded funds from State Homeland Security Grant Program, Justice Assistance Grant Program and / or Citizen’s Option for Public Safety Grant · Extend term of agreement with Hulberg and Associates, Inc. dba, Valbridge Property Advisors for real estate appraisal services to July 31, 2023 with no additional funds City of Santa Clara Page 1 of 2 Printed on 7/8/2022
powered by Legistar™
22-877 Agenda Date: 7/12/2022
· Accepting grants and donations on behalf of the City and approving associated budget amendments
· Approving grant applications
· Approving purchase agreements within existing budgetary appropriations · Approving amendments to agreements to ensure projects are not delayed and service is not interrupted
Beyond those listed above, there may be other items that require action by the City Manager or his designee during the Council recess. If such is the case, the City Manager will use the authority delegated to him by City Council to take the necessary steps. This authority will be used only in cases where inaction would result in project delays, interruption of services and operations, adverse fiscal impact or in the event of an emergency. The goal of this delegation of authority is to ensure that the Santa Clara community continues to receive uninterrupted services.

FISCAL IMPACT
The approval of Agreements, Amendments, Change Orders, and Award of Contracts is anticipated to be within the Council approved budget amounts for the projects.

COORDINATION
This report has been coordinated with all other departments as necessary.

RECOMMENDATION
That the City Council/Stadium Authority Board/Sports and Open Space Authority/Housing Authority:

Adopt a Joint Resolution delegating authority to the City Manager/Executive Officer for City/Santa Clara Stadium Authority/Contract Administrator for Sports and Open Space Authority/Executive Director for Housing Authority to approve project related documents during the Council recess from July 13, 2022 to August 15, 2022 and requiring the City Manager/Executive Director/Contract Administrator to submit a report on actions taken during the Council recess at a City Council/Stadium Authority/Sports and Open Space Authority/Housing Authority meeting in September 2022.

Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution
City of Santa Clara Page 2 of 2 Printed on 7/8/2022
powered by Legistar™
Resolution/Delegation of Authority During 2022 Council Page 1 of 2 Recess Rev: 6/21/2022
RESOLUTION NO. _____

A JOINT RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, SANTA CLARA STADIUM AUTHORITY, SPORTS

AND OPEN SPACE AUTHORITY, AND HOUSING AUTHORITY
("COUNCIL AND AUTHORITIES") DELEGATING AUTHORITY TO

THE CITY MANAGER, EXECUTIVE DIRECTOR, AND CONTRACT

ADMINISTRATOR OR DESIGNEE TO EXECUTE CONTRACTS

ON BEHALF OF THE COUNCIL AND AUTHORITIES DURING
THE RECESS BETWEEN JULY 13, 2022 AND AUGUST 15, 2022

BE IT RESOLVED BY THE CITY OF SANTA CLARA SANTA CLARA STADIUM

AUTHORITY, SPORTS AND OPEN SPACE AUTHORITY, AND HOUSING AUTHORITY AS FOLLOWS:

WHEREAS, the City of Santa Clara's City Council, Santa Clara Stadium Authority, Sports and Open Space Authority, and Housing Authority ("Council and Authorities") have specific purchasing policies or ordinances, and all other agreements and actions not specifically delegated by the City Code or other formal action must be considered and approved by Council or Boards of the Authorities;
WHEREAS, the Council and Authorities do not have any meetings scheduled between July 13, 2022 and August 15, 2022; and,
WHEREAS, specific actions will be needed in order to ensure projects will stay on schedule and services will not interrupted.

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

1. That the City Manager, Executive Director, and Contract Administrator or designee is hereby authorized to consider, approve, and execute contracts and other administrative matters needed for the on-going operation of the City within existing budgetary appropriations during the scheduled recess between July 13, 2022, and August 15, 2022.

Resolution/Delegation of Authority During 2022 Council Page 2 of 2 Recess Rev: 6/21/2022

2. That the City Manager, Executive Director, and Contract Administrator shall provide a report to the City Council regarding the actions taken under this Resolution at a City Council Meeting in September 2022.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, SANTA CLARA STADIUM

AUTHORITY, SPORTS AND OPEN SPACE AUTHORITY, AND HOUSING AUTHORITY AT A REGULAR MEETING THEREOF HELD ON THE 12TH DAY OF JULY, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-899 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Extending AB 361 Implementation to Allow City Legislative Bodies to Hold Public Meetings Solely by Teleconference or Otherwise Electronically During the Governor’s Proclaimed COVID State of Emergency

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 which suspended the Brown Act teleconferencing requirements so that legislative bodies could hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long legislative bodies followed a set of requirements for noticing the meeting agenda and public participation, among other things. Subsequently on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunset the Brown Act provisions of Executive Order N-29-20 on September 30, 2021.

On September 16, Governor Newsom signed AB 361 into law which allows local agencies to use teleconferencing without complying with specific Brown Act restrictions in certain state emergencies until January 1, 2024, at which point they are to be repealed, and the standard Brown Act teleconference requirements become effective again. The bill was an urgency measure, and it went into effect immediately.

On October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, April 5, 2022, May 10, 2022, June 7, 2022, and July 5, 2022 the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22-9042, 22-9051, 22-9058, 22-9067, 22- 9087, 22-9096, and 22-9115 respectively, to allow City Legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

DISCUSSION
AB 361 amended Government Code Section 54943 to allow a local agency to use teleconferencing for public meetings without requiring the teleconference location to be accessible to the public or a quorum of the members of the legislative body of the agency to participate from locations within the boundaries of the agency’s jurisdiction during a Governor-proclaimed state of emergency in certain circumstances.

In order for a local agency to utilize AB 361’s exemption to the Brown Act, there must be certain emergency conditions present. These include:

City of Santa Clara Page 1 of 4 Printed on 7/8/2022
powered by Legistar™
22-899 Agenda Date: 7/12/2022
· There being a state-proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
· The Council is meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, that meeting in person would present imminent risks to the health and safety of attendees; or
· The Council is meeting during a proclaimed state of emergency and has determined, by majority vote, that in-person meetings would pose health and safety risks to attendees.

In order for the City’s legislative bodies to continue meeting remotely with the exemptions to the Brown Act provided for under AB 361, the Council is required to take certain actions, most of which the City is already implementing:
· The City must continue providing notice of meetings and continue to post agendas as the Brown Act requires to the agency’s website,
· The City must continue allowing for public access to the meeting, while allowing for a public comment period to directly address the legislative body pursuant to Brown Act’s other teleconferencing provisions,
· The City must continue giving notice for how the public can access the meeting and provide public comment, including a call-in or internet-based service option (no physical location required),
· The City must continue providing the public with the opportunity to comment in real time (with the option of additionally allowing comments to be submitted in advance, if the agency desires),
· The City must stop the meeting until public access is restored in the event of a service disruption, and
· No later than 30 days after the first teleconferencing meeting and every 30 days thereafter, the Council will have to reconsider the circumstances of the state of emergency to determine if remote meeting procedures need to remain in place.

The legislative body must make certain findings by majority vote every 30 days to continue using the AB 361 Brown Act teleconferencing requirements. Because the City Council approved Resolution No. 22-9115 will expire on August 4, 2022. The City Council must adopt a new resolution in order to allows for its other legislative bodies to continue meeting remotely through August 11th. Failure to approve this resolution would result in City Council, boards, and commissions meetings being unable to meet fully virtual without exposing the locations of each member’s location on the posted agendas.

Beginning on March 11, 2020 and continuing every 60 days thereafter, the City Council has continued its proclamation of local emergency based on substantial evidence that the public interest and necessity require the continuance of the proclamation of local emergency related to COVID-19.

On September 21, 2021, the Santa Clara County Public Health Officer recommended that public bodies continue to meet remotely to the extent possible due to the continued threat of COVID-19 to the community, the unique characteristics of public governmental meetings, and the continued increased safety protection that social distancing provides as one means by which to reduce the risk of COVID-19 transmission. On November 2, 2021, emergency use of the Pfizer COVID vaccine was authorized for children ages 5-11. On that same day, Santa Clara county moved back into the substantial (orange) COVID-19 transmission tier. On November 22, 2021, Santa Clara county moved to the moderate (yellow) COVID-19 transmission tier. On November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public City of Santa Clara Page 2 of 4 Printed on 7/8/2022
powered by Legistar™
22-899 Agenda Date: 7/12/2022
health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines. On December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide sevenday average case rate and 14% increase in hospitalizations since Thanksgiving. In light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higherrisk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings. As of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated. On February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. As of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S. On March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people. As of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations. On April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties. On May 10, 2022, Santa Clara County’s Health Officer Dr. Sara Cody warned that COVID case counts and hospitalizations are on the increase, with a weekly average of 552 cases and 80 to 100 people currently hospitalized, and urged everyone to consider wearing masks in high-risk settings, keep a stockpile of tests, and exercise caution when socializing indoors. On May 13, 2022, Bay Area health officers from the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Sonoma and the City of Berkeley urged residents to wear face masks in indoor public settings as COVID-19 infections driven by highly contagious virus variants multiply throughout the region. As of May 31, 2022, new coronavirus cases in California increased 13.2% from the prior week and California ranked 10th among the states where coronavirus was spreading the fastest on a per person basis. As of June 13, 2022, new COVID-19 cases in California rose 32.3% from the prior week with 128,893 new cases, with California ranking fourth among the states where COVID-19 was spreading the fastest on a per-person basis, and Santa Clara County with the highest worst weekly outbreaks on a per-person basis. On June 15, 2022, an advisory panel to the FDA voted unanimously to recommend the Pfizer and Moderna COVID-19 vaccines for children ages five and younger. On June 18, 2022, the CDC and federal regulators authorized the Pfizer-BioNTech vaccine for children ages six months through four years old and the Moderna vaccine for children ages six months through five years old starting June 21, 2022. As of July 5, 2022, the new omicron subvariant known as BA.5 now comprises a majority of U.S. COVID19 cases, according to data released from the Centers for Disease Control and Prevention (CDC).

The BA.5, along with a related subvariant known as BA.4, has mutations that have shown an increased ability to evade the protection from vaccines and previous infection. As July 6, 20222, all City of Santa Clara Page 3 of 4 Printed on 7/8/2022
powered by Legistar™
22-899 Agenda Date: 7/12/2022
nine local counties are back in the CDC's high-risk category for COVID-19 community levels, and the highly-transmissible BA.5 subvariant of the virus that causes COVID-19 is quickly taking over. These associated emergency conditions are on-going and there is a need to continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency. The state of emergency continues to directly impact the ability of the City’s legislative bodies to meet safely in person, and City officials continue to impose or recommend public health safety measures.

It is recommended that the Council adopt a resolution to make requisite findings to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically so long as the state of emergency and social distancing measures continue. The Council will have to take action on a monthly basis to reassess and reaffirm such findings to continue meeting remotely.

The proposed Resolution is attached.

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

FISCAL IMPACT
There is no fiscal impact other than administrative time and expense.

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

RECOMMENDATION
Adopt a Resolution finding the existence of the need to extend AB 361 implementation to allow the City’s legislative bodies to hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361.

Reviewed by: Nadine Nader, Assistant City Manager
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Resolution
City of Santa Clara Page 4 of 4 Printed on 7/8/2022
powered by Legistar™
Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 1 of 5 Rev: 11/22/17
RESOLUTION NO. _

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
FINDING THE EXISTENCE OF THE NEED TO EXTEND AB 361

IMPLEMENTATION TO ALLOW CITY LEGISLATIVE BODIES TO

HOLD PUBLIC MEETINGS SOLELY BY TELECONFERENCE OR
OTHERWISE ELECTRONICALLY PURSUANT TO AB 361
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara is committed to preserving and nurturing public access and participation in meetings of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities; WHEREAS, all meetings of City of Santa Clara’s legislative bodies are open and public, as required by the Ralph M. Brown Act (California Government Code Sections 54950, et seq., hereinafter referred to as the “Brown Act”), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; WHEREAS, the Brown Act allows a local legislative body to hold public meetings by teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to attend and to address the local legislative body, as long as the following requirements are met: (1) each teleconference location from which a member is participating is noticed on the agenda; (2) each teleconference location is accessible to the public; (3) members of the public must be able to address the body at each teleconference location; (4) at least one member of the legislative body must be physically present at the location specified in the meeting agenda; and (5) during teleconference meetings, at least a quorum of the members of the local body must participate from locations within the local body’s territorial jurisdiction;
WHEREAS, on March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 2 of 6 Rev: 11/22/17
which suspended the Brown Act teleconferencing requirements so that legislative bodies can hold public meetings solely by teleconference, or otherwise electronically, without listing the teleconference locations and without any physical location, as long as the agenda that is posted 72 hours in advance indicates that the members of the legislative body will be participating by teleconference, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations;
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which sunsets the Brown Act provisions of Executive Order N-29-20 on September 30, 2021; WHEREAS, on September 16, 2021, Governor Newsom signed urgency ordinance AB 361 which allows a local agency to use teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during a Governor-proclaimed state of emergency pursuant to California Government Code Section 8625 et seq, if the state of emergency continues to directly impact the ability of the members of its legislative bodies to meet safely in person or state or local officials continue to impose or recommend measures to promote social distancing; WHEREAS, in light of the continued state of emergency related to COVID-19, the Santa Clara County Public Health Officer continues to recommend that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361 to maintain remote meetings under the Ralph M. Brown Act and similar laws, as outlined in their “Recommendation Regarding Continued Remote Public Meetings of Governmental Entities” issued on September 21, 2021;
WHEREAS, on October 19, 2021, November 16, 2021, December 14, 2021, January 11, 2022, February 8, 2022, March 8, 2022, April 5, 2022, May 10, 2022, June 7, 2022 and July 5, 2022, the City Council approved Resolutions Nos. 21-9013, 21-9023, 21-9038, 22-9042, 22-9051, 22- 9058, 22-9067, 22-9087, 22-9096 and 22-9115 respectively, to allow City Legislative bodies to Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 3 of 6 Rev: 11/22/17
hold public meetings solely by teleconference or otherwise electronically pursuant to AB 361; WHEREAS, on November 2, 2021, federal, state and local health officials authorized emergency use of the Pfizer COVID vaccine for children ages 5-11, and may consider emergency authorization of the COVID vaccine for children under age 5 within the next few months;
WHEREAS, on November 22, 2021, Santa Clara County moved into the moderate (orange) COVID-19 transmission tier;
WHEREAS, on November 25, 2021, scientists identified the latest COVID-19 variant, Omicron, which has prompted concern among scientists and public health officials because of an unusually high number of mutations that have the potential to make the virus more transmissible and less susceptible to existing vaccines; WHEREAS, on December 13, 2021, the California Department of Public Health reinstituted its statewide mask mandate, requiring all individuals, regardless of their vaccination status, to wear face coverings in indoor public settings from December 15, 2021 through January 15, 2022 due to a 47% increase in the statewide seven-day average case rate and 14% increase in hospitalizations since Thanksgiving;
WHEREAS, in light of the rapid surge in cases due to the Omicron variant, on December 28, 2021, the County of Santa Clara Health Officer issued a health order requiring up-to-date COVID-19 vaccination for workers in certain higher-risk settings. The new order builds on recent changes in the State Health Officer’s vaccination requirements by mandating up-to-date vaccination by workers in certain healthcare and long-term care settings; WHEREAS, as of February 3, 2021, new daily Covid-19 cases are on the decline since the surge from the Omicron variant. However, California Covid-19 deaths continue to rise and hospitalizations remain elevated;
WHEREAS, on February 27, 2022, the Santa Clara County Public Health Officer rescinded the health order requiring the use of face covering indoors effective March 2, 2022. However, the Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 4 of 6 Rev: 11/22/17
Santa Clara County Public Health Officer continues to recommend that all persons continue to wear face coverings when indoors. The California Department of Public Health continues to require masking in higher-risk settings such as public transit, healthcare facilities, shelters, jails, and long-term care facilities. While Santa Clara County has met the required masking metrics (80% of the population vaccinated, COVID-19 hospitalizations in the jurisdiction are low and stable, seven consecutive days with the seven-day rolling average of new cases at 550 or below) to transition to a strong recommendation for indoor masking, the county remains in the “medium” level of the Centers for Disease Control and Prevention’s new COVID-19 community level framework;
WHEREAS, as of March 26, 2022, the Omicron subvariant BA.2 is now the dominant variant in the US accounting for nearly 55% of new COVID-19 cases in the U.S.; WHEREAS, on March 29, 2022, the FDA authorized a second booster dose of the COVID-19 vaccines for people 50 years of age and older and some immunocompromised people; WHEREAS, as of April 27, COVID-19 levels in wastewater concentrations in the greater Bay Area from Sacramento to Yolo, San Francisco and Santa Clara County and San Mateo County, were similar to what they were during the Delta surge in the summer of 2021, indicating another wave of the pandemic, although not resulting in an increase in hospitalizations; WHEREAS, on April 28, Bay Area Rapid Transit reinstated its mask mandate effective immediately through July 18, which impacts the system’s 50 stations in five Bay Area counties; WHEREAS, on May 10, 2022, Santa Clara County’s Health Officer Dr. Sara Cody warned that COVID case counts and hospitalizations are on the increase, with a weekly average of 552 cases and 80 to 100 people currently hospitalized, and urged everyone to consider wearing masks in high-risk settings, keep a stockpile of tests, and exercise caution when socializing indoors;
WHEREAS, on May 13, 2022, Bay Area health officers from the counties of Alameda, Contra Costa, Marin, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 5 of 6 Rev: 11/22/17
Cruz, Sonoma and the City of Berkeley urged residents to wear face masks in indoor public settings as COVID-19 infections driven by highly contagious virus variants multiply throughout the region;
WHEREAS, as of May 31, 2022, new coronavirus cases in California increased 13.2% from the prior week and California ranked 10th among the states where coronavirus was spreading the fastest on a per person basis; WHEREAS, on June 3, 2022, due to the continued increase in positive COVID-19 cases in the City employee workforce and local community, the City extended the mandatory mask mandate for all City employees, regardless of vaccination status, through July 1, 2022;
WHEREAS, as of June 13, 2022, new COVID-19 cases in California rose 32.3% from the prior week with 128,893 new cases, with California ranking fourth among the states where COVID-19 was spreading the fastest on a per-person basis, and Santa Clara County with the highest worst weekly outbreaks on a per-person basis;
WHEREAS, on June 15, 2022, an advisory panel to the FDA voted unanimously to recommend the Pfizer and Moderna COVID-19 vaccines for children ages five and younger; WHEREAS, on June 18, 2022, the CDC and federal regulators authorized the Pfizer-BioNTech vaccine for children ages six months through four years old and the Moderna vaccine for children ages six months through five years old starting June 21, 2022; WHEREAS, as of July 5, 2022, the new omicron subvariant known as BA.5 now comprises a majority of U.S. COVID-19 cases, according to data released from the Centers for Disease Control and Prevention (CDC). The BA.5, along with a related subvariant known as BA.4, has mutations that have shown an increased ability to evade the protection from vaccines and previous infection;
WHEREAS, as of July 6, 20222, all nine local counties are back in the CDC's high-risk category for COVID-19 community levels, and the highly-transmissible BA.5 subvariant of the virus that causes COVID-19 is quickly taking over;
Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 6 of 6 Rev: 11/22/17
WHEREAS, Government Code Section 54953(e)(3) requires that the City Council review the need and make findings for continuing the teleconferencing without complying with the agenda posting and public comment requirements at least once every thirty (30) days until Governor terminates the state of emergency; and,
WHEREAS, the associated emergency conditions are on-going and there is a need to teleconference for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency and if approved, will be in effect for 30 days and will expire on August 11, 2022 unless staff returns to City Council on or before August 11, 2022 to request to continue the need for teleconferencing.

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

1. That the City Council hereby finds that the state of emergency conditions related to COVID-19, as set forth in Resolution No. 22-9115 adopted on July 5, 2022 and incorporated herein by reference, are on-going.

2. That the City Council finds that there is a need to teleconference for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

3. That the City Council finds that the state of emergency continues to directly impact the ability of members of the City’s City Council, Council Committees, City Decision-Making Bodies (including Santa Clara Stadium Authority, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), City Boards, Committees and Commissions, Taskforces, and Other City Advisory Entities to meet safely in person.

4. That City officials continue to impose or recommend measures to promote social Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 7 of 6 Rev: 11/22/17
distancing in City facilities.

5. That members of the City Council, Council Committees, City Decision-Making Bodies, City Boards (including Santa Clara Stadium Authority Board, Sports and Open Space Authority, Housing Authority, Successor Agency to the City of Santa Clara Redevelopment Agency, Bayshore North Project Enhancement Authority, and Public Facilities Financing Corporation), Committees and Commissions, Taskforces, and Other City Advisory Entities are authorized to use teleconferencing, or other electronic means, to hold its public meetings without noticing the teleconferenced locations on the agenda, without making teleconferenced or physical locations accessible to the public, without posting agendas at teleconferenced locations, without requiring members of the legislative bodies to be physically present at the meeting, and without requiring a quorum of the members of the legislative body to participate from locations with the City’s jurisdiction, as long as the agenda that is posted at least 72 hours in advance indicates that members of the legislative body may be participating electronically, provides the teleconference or webinar access information by which the public may participate electronically, and lists the procedure for individuals with disabilities to request reasonable accommodations, in compliance with AB 361, Government Code Section 54953(e).

6. That the Assistant City Clerk is hereby directed to report to the City Council within thirty (30) days on the need to further continue teleconferencing for public meetings without posting the teleconferencing locations on the agenda and without requiring the teleconference locations to be accessible to the public during the current Governor-proclaimed COVID-19 state of emergency.

7. 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:

Resolution/Allowing City Legislative Bodies to Hold Teleconference Public Meetings Pursuant to AB 361 Page 8 of 6 Rev: 11/22/17
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
22-912 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to execute the 2020-2025 Memorandum of Understanding Between the City of Santa Clara and the Santa Clara Firefighters, International Association of Firefighters, Local 1171 (hereafter, “Unit 1”), that incorporates the terms of the Tentative Agreement and Approve the Related Budget Amendment

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The Santa Clara Firefighters, International Association of Firefighters, Local 1171 (hereafter, “Unit 1”) Memorandum of Understanding (hereafter, “MOU”) expired on December 26, 2020.

Given the ongoing challenges related to the COVID-19 pandemic and the surrounding uncertainty, and its impacts on the City’s ongoing budget deficit, the City and Unit 1 engaged in discussions on a successor MOU in an effort to reduce the City’s estimated General Fund deficit. 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 COVID19 induced impacts on the City’s revenues. This shortfall was revised to $27 million in June 2022 based on projected labor costs.

As previously noted, the City of Santa Clara’s collective bargaining agreement with Unit 1 expired on December 26, 2020. The City and Unit 1 began formal negotiations on a successor MOU in approximately November 2020, and the parties had approximately eighteen (18) formal negotiation sessions. In addition, the parties met informally in order to discuss terms that may be included in an overall agreement on a successor MOU. On or about June 15, 2022, the parties reached an overall Tentative Agreement on the terms to be contained in a successor MOU. Unit 1 notified the City on or about July 2, 2022, that the Tentative Agreement was ratified by Unit 1 membership.

DISCUSSION
The recommended action authorizes the City Manager to execute a successor Memorandum of Understanding with a term of December 27, 2020, 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:

Term:

December 27, 2020 - December 31, 2025
Wages:

Effective December 27, 2020, all salary ranges in classifications assigned to Unit 1 shall remain status quo.

Effective December 26, 2021 (the first pay period of calendar year 2022), all salary ranges in classifications assigned to Unit 1 shall remain status quo.

City of Santa Clara Page 1 of 5 Printed on 7/8/2022
powered by Legistar™
22-912 Agenda Date: 7/12/2022
Effective December 25, 2022 (the first pay period of calendar year 2023), all salary ranges for employees holding positions in classifications assigned to the Union shall be increased by approximately 5.0%.

Effective the first pay period of calendar year 2024, all salary ranges for employees holding positions in classifications assigned to the Union shall be increased by approximately 4.0%.

Effective the first pay period of calendar year 2025, all salary ranges for employees holding positions in classifications assigned to the Union shall be increased by approximately 2.5%.

One-Time Non-Pensionable Discretionary Parment:

In recognition of, and to help secure the employees' speedy ratification of this MOU, the City has exercised its discretion to provide a one-time discretionary cash payment of $5,000 for regular employees (pro-rated for part-time employees) in the bargaining unit following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS. An employee must be employed in a classification assigned to Unit 1 at the time the one-time discretionary cash payment is made to receive the payment.

Holiday Pay:

Effective the first full pay period after ratification by Unit 1 membership and approval by City Council, employees working a 24-hour shift schedule shall receive 7.5% in holiday pay.

Educational Incentive:

Effective retroactive to December 26, 2021 (the first pay period of calendar year 2022), employees shall be eligible to receive 7.5% of base pay for Step 5 Firefighter II after completion of 400 hours of State Fire Training Classes, or 3.75% of base pay for Step 5 Firefighter II after completion of 200 hours of State Fire Training Classes.

HAZMAT Incentive Pay:

Effective the first full pay period after ratification by Unit 1 membership and approval by City Council, eligible employees shall be eligible to receive 5.0% of base pay for Step 5 Firefighter II if regularly assigned to Station 9 as Haz Mat Specialist, or 2.5% of base pay for Step 5 Firefighter II if regularly assigned to Station 9 as Haz Mat Technician, or 1.0% of base pay for Step 5 Firefighter II for Haz Mat Specialist not regularly assigned to Station 9.

Bilingual Pay
Employees who meet specified criteria would be eligible for bilingual pay of $45 per biweekly pay period, and a maximum of $90 per biweekly pay period for both oral and written.

Double Time Pay:

In order to incentivize employees to volunteer to work at NFL events, employees who work overtime at NFL games at Levi’s Stadium will be paid at the double time rate for that work. Overtime shall be for pay only.

However, the parties acknowledge that the issue of full reimbursement to the City or Stadium Authority for public safety costs is currently under litigation. In the event a court or arbitrator issues a binding decision permitting less than full reimbursement to the City or Stadium Authority for public safety costs including the payment of the overtime rate listed herein, the parties will meet and confer over this change. From the time the contract reopens until agreement is reached, overtime will be paid at time and one-half.

Deferred Compensation:

Effective the first pay period of calendar year 2025, the City will contribute $175/month per employee to the City of Santa Clara Page 2 of 5 Printed on 7/8/2022
powered by Legistar™
22-912 Agenda Date: 7/12/2022
Effective the first pay period of calendar year 2025, the City will contribute $175/month per employee to the employee’s deferred compensation account.

Healthcare:

Effective January 1, 2023, the City will pay 100% of the premium of the lowest priced Kaiser (Region 1) plan for employees in Unit 6 enrolled at the Employee Only and Employee Plus One levels, and 90% of the premium of the lowest priced Kaiser (Region 1) plan for employees in Unit 6 enrolled in the Employee Plus Two or More level. Employees who select a plan whose premium exceeds the City contribution described above will be responsible for the difference. Employees will not receive any portion of the City’s contribution as cash or any other taxable benefit.

Current employees hired on or before December 31, 2022, who choose not to enroll in a City health plan and meets the requirements set forth in the MOU shall continue to receive a cash-in-lieu amount equal to $859.20/month, while employees hired or rehired on or after January 1, 2023, shall receive a cash-in-lieu amount of $250/month.

Compensatory Time Off (CTO):

Effective the first pay period of calendar year 2023, the maximum allowable CTO accrual to be increased to 120 hours.
48/96 Work Schedule:

The current 48/96 work schedule for employees on a 24-hour shift schedule shall become permanent.

Workers Compensation:

The parties agreed to implement a Workers’ Compensation Fast Track Program.

Firefighter Recruit/Firefighter I Classification:

The parties agree to continue discussions on a new Firefighter Recruit classification to replace the Firefighter I classification.

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. While the Ten-Year General Fund Forecast also incorporates projected labor costs, costs included in this MOU were beyond the forecasted increases included in the FY2022/23 Budget that were known at the timing of the development of the budget.

As such, the Budget Amendment below is recommended to ensure sufficient funding in the Fire Department budget, offset by the Land Sale Reserve. Potential savings from the close out of the FY2021/22 Budget is anticipated to offset the use of the Land Sale Reserve to fund this MOU.

The chart below reflects the estimated changes in costs in the General Fund as well as all funds over the term of the MOU.

Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
General Fund
Expenditures
Fire Department - Salaries/Benefits $54,756,610 $2,500,000 $57,256,610 Fd Bl
City of Santa Clara Page 3 of 5 Printed on 7/8/2022
powered by Legistar™
22-912 Current Increase/ Agenda Date: 7/12/2022
(Decrease)
Revised
General Fund
Expenditures
Fire Department - Salaries/Benefits $54,756,610 $2,500,000 $57,256,610 Fund Balance
Land Sale Reserve $11,520,569 ($2,500,000) $9,020,569
Estimated Costs
Item Description Estimated GF Cost/
(Savings)
Estimated All Funds
Cost/(Savings)
Ongoing Items
Wages (2021) 0.0% $0 $0
Wages (2022) 0.0% $0 $0
Wages (2023) 5.0% $1.5M $1.5M
Wages (2024) 4.0% $1.3M $1.3M
Wages (2025) 2.5% $1.2M $1.2M
Educational Incentive
(Jan. 2022)
Increase of 2.5% $755K $755K
Holiday Pay (Pay
Period following
Council Approval)*
Increase of 2.58% $779K $779K
HAZMAT (Pay Period
following Council
Approval)*
From flat dollar amount
to % of Step 5
Firefighter II
$22K $22K
Deferred
Compensation (Jan.
2025)
$175/month per
employee
$269K $269K
Total Ongoing $5.8M $5.8M
One-Time Items
Non-Pensionable
Discretionary Cash
Payment (2022)
$5,000 per employee
(one-time)
$640K 640K
Total One-Time $640K $640K
* Cost shown above are for all of calendar year 2022
The costs associated with the changes to healthcare cannot be determined at this time as the City cannot predict enrollment behavior, especially with the change to the City paying 90% of the lowest priced Kaiser (Region 1) premium for employees who enroll in Employee Plus Two or Morel level and the change to the health in-lieu amount. In addition, any costs (or savings) associated with the Workers’ Compensation Fast Track Program are unknown at this time. Any costs associated with bilingual pay are also unknown at this time.

City of Santa Clara Page 4 of 5 Printed on 7/8/2022
powered by Legistar™
22-912 Agenda Date: 7/12/2022

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

RECOMMENDATION

1. Authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the Santa Clara Firefighters, International Association of Firefighters, Local 1171 (Unit 1) with effective dates of December 27, 2020 - December 31, 2025, that incorporates the terms of the Tentative Agreement.

2. Approve the FY 2022/23 budget amendment in the General Fund to increase the Fire Department’s salaries and benefits appropriation by $2.5 million and decrease the General Fund Land Sale Reserve by $2.5 million (five affirmative Council votes required).

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Tentative Agreement between the City and Unit 1 dated June 15, 2022 City of Santa Clara Page 5 of 5 Printed on 7/8/2022
powered by Legistar™

7/5/2022
7/5/2022
7/5/2022
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-672 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

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

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

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

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

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

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

At the March 15, 2022 Stadium Authority Board meeting, the Executive Director was delegated authority to approve budget amendments that move funds from the Legal Contingency to Shared Expenses after the review of adequate documentations for costs based on Board direction.

Subsequent to that direction, Stadium Authority staff met with Stadium Manager on April 12, 2022 to review documentation for shared expenses. After follow-up meetings with the Stadium Manager, payments related to compensation that were reviewed and approved for monthly payment, totaling $5.1 million for the fiscal year.

Expenses paid in April 2022 include:

City of Santa Clara Page 1 of 3 Printed on 7/8/2022
powered by Legistar™
22-672 Agenda Date: 7/12/2022
· Payments totaling $123,370.17 to the City of Santa Clara for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) · Payments totaling $1,535,973.41 to Forty Niners Stadium Management Co, LLC for the following:
o $8,000.00 for April 2022 Stadium Manager Expenses - Compensation for Grounds o $31,000.00 for April 2022 Stadium Manager Expenses - Compensation for Guest Services
o $32,000.00 for April 2022 Stadium Manager Expenses - Compensation for Security o $143,000.00 for April 2022 Stadium Manager Expenses - Compensation for Engineering
o $208,000.00 for April 2022 Stadium Manager Expenses - Compensation for Stadium Ops
o $6,000.00 for April 2022 Stadium Manager Expenses - StadCo Tenant Improvements o $52,000.00 for April 2022 Stadium Manager Expenses - Other G&A o $7,318.00 for May 2022 Stadium Manager Expenses - Compensation for Grounds o $31,602.00 for May 2022 Stadium Manager Expenses - Compensation for Guest Services
o $32,995.00 for May 2022 Stadium Manager Expenses - Compensation for Security o $143,963.00 for May 2022 Stadium Manager Expenses - Compensation for Engineering
o $208,105.00 for May 2022 Stadium Manager Expenses - Compensation for Stadium Ops
o $240,248.00 for May 2022 Stadium Manager Expenses - Utilities o $70,440.00 for May 2022 Stadium Manager Expenses - Insurance o $174,154.00 for May 2022 Stadium Manager Expenses - SBL Sales & Services o $376.90 for May 2022 Stadium Manager Expenses - StadCo Tenant Improvements o $8,666.00 for May 2022 Stadium Manager Expenses - Lender Fees o $51,773.00 for May 2022 Stadium Manager Expenses - Other G&A o $445.00 for May 2022 Stadium Manager Expenses - Naming Rights Expense o $71,273.75 for CapEx Reimbursement for CapEx Project - Stadium and Special Event Spaces
o $14,613.76 for CapEx Reimbursement for CapEx Project - Tunnel Slip and Fall Protection
· Payment totaling $20,476,456.00 to Stadium Funding Trust for Term A Loan Principal & Interest payment
· Payment totaling $75.00 to Contractor Compliance and Monitoring, Inc. for March 2022 Labor Compliance Services
· Payments totaling $220.00 for October 2021 Legal Services · Payments totaling $687.50 for December 2021 Legal Services · Payments totaling $1,485.00 for January 2022 Legal Services · Payments totaling $660.00 for February 2022 Legal Services Certain information such as names of law firms have been redacted from the Bills and Claims report.

The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, City of Santa Clara Page 2 of 3 Printed on 7/8/2022
powered by Legistar™
22-672 Agenda Date: 7/12/2022
(2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, information that would compromise legal strategy, and would otherwise be privileged, is redacted consistent with the Public Records Act.

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

FISCAL IMPACT
There is a $22,140,333.22 fiscal impact to the Stadium Authority.

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

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

RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for April 2022.

Reviewed by: Kenn Lee, Treasurer
Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. April 2022 SCSA Bills and Claims
City of Santa Clara Page 3 of 3 Printed on 7/8/2022
powered by Legistar™
Payment Date Vendor Invoice No. Description Fund Amount 4/15/2022 Bank of America N/A March 2022 bank fees acct 0444 CapEx 1,137.98 4/15/2022 Bank of America N/A March 2022 bank fees acct 0425 Operating 179.974/15/2022 Bank of America N/A March 2022 bank fees acct 6280 Operating 88.19 1,406.14
4/1/2022 City of Santa Clara N/A B2206 SCSA Admin Payroll Costs Operating 73,835.79 4/20/2022 City of Santa Clara N/A B2207 SCSA Admin Payroll Costs Operating 49,534.38 123,370.17
4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Compensation for Grounds Operating 8,000.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Compensation for Guest Svcs Operating 31,000.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Compensation for Security Operating 32,000.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Compensation for Engineering Operating 143,000.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Compensation for Stad Ops Operating 208,000.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - StadCo Tenant Improvements Operating 6,000.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23394 April 2022 Std Mgr - Other G&A Operating 52,000.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Compensation for Grounds Operating 7,318.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Compensation for Guest Svcs Operating 31,602.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Compensation for Security Operating 32,995.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Compensation for Engineering Operating 143,963.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Compensation for Stad Ops Operating 208,105.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Utilities Operating 240,248.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Insurance Operating 70,440.00 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - SBL Sales & Svcs Operating 174,154.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - StadCo Tenant Improvements Operating 376.904/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Lender Fees Operating 8,666.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Other G&A Operating 51,773.004/29/2022 Forty Niners Stadium Management Co, LLC SLS-23430 May 2022 Std Mgr - Naming Rights Expense Operating 445.004/15/2022 Forty Niners Stadium Management Co, LLC SLS-23398 CapEx Proj - Stadium and Special Event Spaces CapEx 71,273.75 4/29/2022 Forty Niners Stadium Management Co, LLC SLS-23433 CapEx Proj - Tunnel Slip and Fall Protection CapEx 14,613.76 1,535,973.41
4/1/2022 Stadium Funding Trust N/A Term A Loan - Principal & Interest Debt Service 20,476,456.00 4/14/2022 Contractor Compliance and Monitoring, Inc 16100 March 2022 Labor Compliance Services Operating 75.00 Various October 2021 Legal Services Operating 220.00Various December 2021 Legal Services Operating 687.50Various January 2022 Legal Services Operating 1,485.00Various February 2022 Legal Services Operating 660.00 3,052.50
April 2022 Total $ 22,140,333.22
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire Transfer
For the Month of April 2022

Page 1 of 1 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-921 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Amendment No. 1 to the Agreement as Amended with The Pun Group, LLP for Auditing Services for the Santa Clara Stadium Authority

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

BACKGROUND
On September 10, 2020, the Stadium Authority (Authority) entered into an agreement with The Pun Group, LLP, to provide the Authority with auditing services by performing a review of the 2019 College Football Playoff National Championship Game (Game) financial statements and supporting documents provided by the Bay Area Host Committee (Committee). The agreement expired on December 31, 2021. Staff is requesting to extend the agreement until March 31, 2023 and modify the agreed upon procedures to provide ample time for the consultant to wrap up the necessary remaining procedures and report.

DISCUSSION
The Authority has engaged The Pun Group, LLP to provide auditing services to perform agreed upon procedures on the financial statements and supporting documents submitted by the Committee for the 2019 Game. The current contract with The Pun Group, LLP has a total not-to-exceed amount of $23,650 and terminates on December 31, 2021. Staff is recommending Amendment No. 1 to retroactively extend the termination date to March 31, 2023 and modify the agreed upon procedures to be performed. The completion of the audit requires additional time is due to unanticipated delays and a pause in the audit work from the COVID-19 pandemic and the need to coordinate and sign a Non-Disclosure Agreement with the Forty Niners Stadium Management Company, LLP. Additional procedures have been identified as well to ensure a complete review of the event.

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

FISCAL IMPACT
The Stadium Authority FY 2022/23 Budget includes Stadium Authority General & Administrative line City of Santa Clara Page 1 of 2 Printed on 7/8/2022
powered by Legistar™
22-921 Agenda Date: 7/12/2022
item under Other Operating Expenses. There are sufficient funds in the Stadium Authority FY 2022/23 Stadium Authority General & Administrative line item to cover the costs related to this Agreement ($23,650). The proposed Amendment No. 1 to the Agreement for Services with The Pun Group, LLC extends the term of the agreement to March 31, 2023 and modifies the agreed upon procedures to be performed.

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

RECOMMENDATION
Approve and authorize the Executive Director to execute Amendment No. 1 to the Agreement with The Pun Group, LLP for auditing services to retroactively extend the term of the agreement to March 31, 2023 and revise Attachment A relating to the “Agreed upon Procedures” to be performed.

Reviewed by: David Noce, Audit Manager
Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. Original Agreement with The Pun Group

2. Amendment No. 1
City of Santa Clara Page 2 of 2 Printed on 7/8/2022
powered by Legistar™
EBlX Insurance No. *S200004565

AGREEMENT FOR SERVICES

BETWEEN THE

SANTA CLARA STADIUM AUTHORITY,
AND

THE PUN GROUP, LLP

PREAMBLE
This Agreement is entered into between the Santa Clara Stadium Authority (Authority), a joint exercise of powers entity, created through Government Code sections 6500 et seq., and The Pun Group, LLP, a California Limited Liability Partnership, (Contractor).

Authority and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, Agreement with The Pun Group, LLP
Rev. 07-01-18

Page 1 ends

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

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on August 18, 2020 and terminate on December 31, 2021.

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

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

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

6. COMPENSATION AND PAYMENT
In consideration for Contractor's ~ete performance of Services, Authority shall pay Contractor for all time and materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is based on time and materials not to exceed $23,650, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor's Agreement with The Pun Group, LLP
Rev. 07-01-18

Page 2 ends

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

7. TERMINATION
A.

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

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

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

8. ASSIGNMENT AND SUBCONTRACTING
Authority and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without tl1e prior written approval of Authority. Contractor shall not hire subcontractors without express written permission from Authority.

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

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

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

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed Agreement with The Pun Group, LLP
Rev. 07-01-18

Page 3 ends

or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Authority, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services.

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

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

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

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

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

14. HOLD HARMLESS/INDEMNIFICATION
A To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify Authority, its Board, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and Agreement with The Pun Group, LLP
Rev. 07-01-18

Page 4 ends

attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity directly arising from, or alleged to directly arise in whole or in part from, or directly connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by Authority connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of Authority; the obligation to defend is not similarly limited.

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

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

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

16. WAIVER
Contractor agrees that waiver by Authority of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither Authority's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

Agreement with The Pun Group, LLP
Rev. 07-01-18

Page 5 ends

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

Santa Clara Stadium Authority
Attention: Treasurer
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:

The Pun Group, LLP
2121 N. California Blvd., Suite 290
Walnut Creek, CA 94596
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

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

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

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

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

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

24. AMENDMENTS
This Agreement shall only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

Agreement with The Pun Group, LLP
Rev. 07-01-18

Page 7 ends

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

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

SANTA CLARA STADIUM AUTHORITY
a Joint Exercise of Powers Entity, created through Government Code sections 6500 et seq.

Approved as to Form: Dated: Cj l 10 I wio
)&ti~~
Stadium Authority Counsel Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"AUTHORITY"

THE PUN GROUP, LLP
a California Limited Liability Partnership
Dated: -7---+-'-/_i--_~~-/~.'2,/D~~-------- --- By (Signature): _ ·_A,.._&_- ........,__,_f_l-___ ~ - ----- Name: _ _ _ tj, _,.l.:); =--"'- 'M.-', ~t/.~iI'--f-,2~'fl~r'- ~~~-- - - --- Title: NA rJ. , ,.J · ';4/t /1/'.y..._ ----=--'---'--''-'-"-'---'-"'-'-'~~-'-'--'--,,,__-- ~ ---- Pr inc i pa I Place of )Oo --€-. ~"'~ ~or"' le, -Av& . J t:u)t .C.o o Business Address: f-AN)..q Aiv'-A , M 9 >-}o,t -~-,...! ~----'-+-~--~~~--~.------ Email Address: ---'-/:i-'-?--J._ . -'-?t--'-{rt_.&_.,__(e._t./ _ '5-'--'-((.P_ c.,,__,_p--'-, --"a-"'"':;,rt1"'--=-------- Telephone: ~~) ~tf~(f.f,,___- __,_7~1_,_±_..-~f~tl~o_/ ______ _ Fax: ( ) 1?-:.f/~ ->:·N:-- BBS>o
Agreement with The Pun Group, LLP
Rev. 07-01-18
"CONTRACTOR"

Page 8 ends

EXHIBIT A

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

BACKGROUND:

The Bay Area Host Committee ("the Committee") is a nonprofit corporation founded to serve as the local organizing committee focused on bringing events to the Bay Area that drive economic vitality. The Committee was created to work with the College Football Playoff ("CFP") to promote, organize and execute the 2019 College Football Playoff National Championship and its related events. In July 2018, the Committee entered into an Assignment and Assumption Agreement with the Forty Niners Stadium Management Company, LLP to host the January 7, 2019 CFP National Championship Game ("the Game") and ancillary events associated with it at Levi's Stadium. As part of the agreement under Section 4e of the Assignment, the Committee agrees to provide an accounting of the Game as follows: (1) the Committee shall provide to the Stadium Authority Executive Director an Initial Accounting to be completed by June 30, 2019 consisting of a profit and loss statement of the Game and possession of all hardcopy and softcopy supporting documentation and such additional information as may be necessary to confirm the information set forth in such profit and loss statement and; (2) the Committee shall provide the Stadium Authority Executive Director with an annual audit of its financial statements by a recognized third-party accounting firm and it shall provide a copy of the audited financial statement for the fiscal years that include Stadium Authority related activity.

The Committee provided a copy of the audited financial statements and all the supporting documents relating to the Game ("the Financial Statements") to the Stadium Executive Director at the conclusion of reconciling the financial data for the Game.

As part of the agreement under section 4e, the Committee agrees to provide an accounting of the Game as follows:
a Committee will provide to the Stadium Authority Executive Director an Initial Accounting to be completed by June 30, 2019 consisting of a profit and loss statement of the Game and possession of all hardcopy and softcopy supporting documentation and such additional information as may be necessary to confirm the information set forth in such profit and loss statement and; a Committee will provide the Stadium Authority Executive Director with an annual audit of its financial statements by a recognized third-party accounting firm and it shall provide a copy of the audited financial statement for the fiscal years that include Stadium Authority related activity.

Agreement with The Pun Group, LLP/Exhibit A-Scope of Services Rev. 07-01~18

Page 1 ends

SCOPE OF SERVICES TO BE PERFORMED UNDER THE AGREEMENT:

Scope of Services
The Stadium Authority desires to hire a qualified accounting firm ("Contractor") to provide certain agreed-upon procedures and the Contractor will provide a written Independent Accountants1 Report of agreed upon procedures covering the procedures and findings made in connection with the subject matter, as further defined in Attachment A, which is to assist the users understanding of the Committee's initial accounting of the Revenues and Expenses of the 2019 College Football Playoff National Championship as provided by the Bay Area Host Committee and reported in the March 31, 2019 Audited Financial Statements (Objective).

To accomplish this objective, Contractor will perform certain agreed upon procedures in accordance with Statement on Standards for Attestation Engagements No. 19 Agreed Upon Procedures to the subject matter as further defined in Attachment A.

Vanessa Burke will serve as the Engagement Partner, to ensure the firm is committed to perform all of the required work, complete the services requested, and issue the necessary reports within the time periods as outlined in our proposal.

The Contractor will provide a written report covering procedures and findings. The Contractor's report, including schedules and attachments thereto, as well as any working paper documentation of any kind created as a result of Contractor's provision of Services, shall not be used or distributed for any other purpose, without prior written consent, except as required by law.

Agreement with The Pun Group, LLP/Exhibit A-Scope of Services Rev. 07-01-18

Page 2 ends

EXHIBIT B

SCHEDULE OF FEES
Contractor will bill Authority on a monthly basis for costs incurred inclusive of expensive for services provided by Contractor during the preceding month on an invoice and in a format approved by Authority and subject to verification and approval by Authority.

Authority will pay Contractor within thirty (30) days of Authority's receipt of an approved invoice.

The Fee for performing the Agreed Upon Procedures the Agreed Upon Procedures associated with the 2019 College Football Playoff National Championship will be as follows:

Partners
Managers
Senior Auditors
Staff Auditors
Meals and Lodging
Transportation
other (Specify)
Total for Services Described
RFP
Less Professional Discount:
25 $ 250
60 $ 200
70 $ 175
50 $ 125
100
215
$ 225 $ 5,625
$ 175 $ 10,500
$ 125 $ 8,750
$ 100 $ 5,000
$ 60 $ 600
Included
Included
Included
30,475
*NOTE: The above fee is based on Time and Materials Not to Exceed (T&M NTE) amount. The Firm's policy is to maintain flexible billing rates to meet the needs of clients and help them control costs. Contractor will absorb expenses such as travel time and costs, per diem expenses, equipment, and printing costs. Additionally, our Partners will be available to provide advice and consultation as necessary to the Authority throughout the engagement. The Firm will also absorb these costs.

Agreement with The Pun Group, LLP/Exhibit 8-Schedule of Fees Rev. 07-01-18

Page 1 ends

Standard Rates and Rates for Additional Services
Should the Authority require or request additional services beyond the services listed under this proposal, such addltional services will be communicated to you in advance and subject to mutual agreement.

Contractor's standard hourly rates vary according to the degree of responslbility involved and the experience level of the personnel assigned to your engagement. Contractor's rates effective as of January 1, 2020 and through the term of this Agreement is as follows:

Engagement Partner
Concurring Partner
Engagement Manager
Senior Auditor/In-Charge
Staff
$250/hour
$250/hour
$200/hour
$175/hour
$125/hour
In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You wlll be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination.

Agreement wlth The Pun Group, LLP/Exhibit B-Schedule of Fees Rev. 07-01-18

Page 2 ends

EXHIBIT C

INSURANCE REQUIREMENTS

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

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

Agreement with The Pun Group, LLP/Exhibit C-lnsurance Requirements Exhibit C-06

Page 1 ends

Rev. 02-01-15
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

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

C. WORKERS' COMPENSATION

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

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

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

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

Agreement with The Pun Group, LLP/Exhibit C-lnsurance Requirements Exhibit C-06
Rev. 02-01-15

Page 2 ends

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

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

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

3. Cancellation.

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

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

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

Agreement with The Pun Group, LLP/Exhibit C-lnsurance Requirements Exhibit C-06

Page 3 ends

Rev. 02-01-15
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and the Stadium Authority agree as follows:

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

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

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

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

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

H. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage, and be delivered to the Stadium Agreement with The Pun Group, LLP/Exhibit C-lnsurance Requirements Exhibit C-06
Rev. 02-01-15

Page 4 ends

Authority through its representative as set forth below, at or prior to execution of this Agreement. Upon the Stadium Authority's request, Consultant shall submit to the Stadium Authority copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to the Stadium Authority pursuant to this Agreement shall be mailed to:

Santa Clara Stadium Authority
c/o Ebix, Inc.

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

Agreement with The Pun Group, LLP/Exhibit C-lnsurance Requirements Exhibit C-06
Rev. 02-01-15

Page 5 ends

ATTACHMENT A
The agreed-upon procedures are as follows:

1. We will select 25 revenue transactions from the general ledger for the following categories: (20) ticket sales, (5) sponsorship and suite rentals and agree the amount, customer, date, and description to the detailed deposit and posting to the bank statements
a. Agree bank deposit to the posting in the general ledger for each classification.
b. Agree Ticketmaster daily sales report for the months May 2018 to January 2019 for the Game, to the total ticket revenue posted in the general ledger. c. Obtain Game Day reconcfliation from the turnstile, ticket, bar code report and agree to the Ticketmaster daily sales report.
d. For sponsorship/suite rental, obtain llst and select five samples. Agree the amount to the copy of the agreement and to the detail of the customer's account for billed and paid amounts.
e. For the 25 transactions, recompute the revenue collected and allocated based on the terms and conditions of the agreements and support provided, compare to amount posted in the general ledger.

2. For Game day concession sales, obtain game day concession report for food and beverage sales.
a. Agree the report to the invoice from the concessionaire. b. Recompute the revenue share based on the terms of the agreement.

3. For other revenue categories, agree amount per the Committee's Financial Statements to the Committee's adjusted detailed trial balance.

4. We will select 25 non-payroll expenditures from the general ledger and agree the amount, payee, date, classification, and description to the support.

5. Agree the payroll expenditure and support for the Game to the Authority's payroll summary,
a. From the Authority's payroll summary, agree amount paid to the timesheets for a sample of employees.
b. Recompute amount paid using approved rate of pay.
c. Agree the recomputed amount paid to the amount charged for the Game.

6. Obtain a list of any adjustments made to revenue or expenses under the terms of the contract. Obtain the supporting detail for the adjustment. Compare the adjustment made to the supporting documentation for the adjustments and agree amount and date.

Agreement with The Pun Group, LLP/Attachment A Page 1
Amendment No. 1 to Agreement/The Pun Group, LLP Page 1
Rev. 10/25/19
Ebix Insurance No. S200004565
AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

SANTA CLARA STADIUM AUTHORITY
AND

THE PUN GROUP, LLP

PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the Santa Clara Stadium Authority (Authority), a joint exercise of powers entity, created through Government Code sections 6500 et seq., and The Pun Group, LLP, a California Limited Liability Partnership, (Contractor). Authority and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Services Between the Santa Clara Stadium Authority and the Pun Group, LLP, dated September 10, 2020 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide consulting services to perform agreed-upon procedures on the revenues and expenses of the 2019 College Football Playoff National Championship game, and the Parties now wish to amend the Agreement to extend the term of the Agreement to March 31, 2023.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 2 of the Agreement, entitled “Term of Agreement” is amended in its entirety to read as follows:
“Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the terms of this Agreement shall begin on August 18, 2020 and terminate on March 31, 2023. The Parties agree that there was no termination of the Agreement on December 31, 2021 and that the term is hereby retroactively extended by this amendment.”

2. Attachment A to the Agreement entitled “Agreed Upon Procedures” is amended as follows:

Amendment No. 1 to Agreement/The Pun Group, LLP Page 2
Rev. 10/25/2019
Revise 1(b) – Agree daily ticket sales report for the months of May 2018 to January 2019 for the game, to the total ticket revenue posted in the general ledger.

Revise 1(c) – Obtain game day revenue reconciliation for all tickets sold from in-house hosted software and external ticket sellers and agree to daily ticket sales report for a sample of days.

Add 1(f) – Agree revenue reconciliation report to the game day event attendance report.

Add 7 – Agreed upon procedures may be added and/or modified as work progresses by mutual agreement in writing by both parties.

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

Amendment No. 1 to Agreement/The Pun Group, LLP Page 3
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

SANTA CLARA STADIUM AUTHORITY
a Joint Exercise of Powers entity, created through Government Code sections 6500 et seq.

Approved as to Form: Dated:

Office of the Counsel
Santa Clara Stadium Authority
Rajeev Batra
Executive Director
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“AUTHORITY”

THE PUN GROUP
a California Limited Liability Partnership
Dated: July 6, 2022
By (Signature):

Name: Vanessa I. Burke
Title: Partner
Principal Place of
Business Address:
2121 North California, Suite 290 Walnut Creek,
CA 94596
Email Address: [email protected]
Telephone: (916)230-7068
Fax: ( )
“CONTRACTOR”
Amendment No. 1 to Agreement/The Pun Group, LLP Page 4
Rev. 10/25/2019
ATTACHMENT A – AGREED UPON PROCEDURES
The agreed-upon procedures are as follows:

1. We will select 25 revenue transactions from the general ledger for the following categories: (20) ticket sales, (5) sponsorship and suite rentals and agree the amount, customer, date, and description to the detailed deposit and posting to the bank statements
a. Agree bank deposit to the posting in the general ledger for each classification.
b. Agree daily ticket sales report for the months May 2018 to January 2019 for the Game, to the total ticket revenue posted in the general ledger. c. Obtain Game Day revenue reconciliation for all tickets sold from in-house hosted software and external ticket sellers and agree to the daily ticket sales report for a sample of days.
d. For sponsorship/suite rental, obtain list and select five samples. Agree the amount to the copy of the agreement and to the detail of the customer’s account for billed and paid amounts.
e. For the 25 transactions, recompute the revenue collected and allocated based on the terms and conditions of the agreements and support provided, compare to amount posted in the general ledger. f. Agree revenue reconciliation report to the Game Day event attendance report.

3. For other revenue categories, agree amount per the Committee’s Financial Statements to the Committee’s adjusted detailed trial balance.

4. We will select 25 non-payroll expenditures from the general ledger and agree the amount, payee, date, classification, and description to the support.

5. Agree the payroll expenditure and support for the Game to the Authority’s payroll summary,
a. From the Authority’s payroll summary, agree amount paid to the timesheets for a sample of employees.
b. Recompute amount paid using approved rate of pay.
c. Agree the recomputed amount paid to the amount charged for the Game.

Amendment No. 1 to Agreement/The Pun Group, LLP Page 5
Rev. 10/25/2019

7. Agreed upon procedures may be added and / or modified as work progresses by mutual agreement in writing between the Parties.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-908 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from the Stadium Manager to Award Purchase Order to Lutron Services Co., Inc. (Lutron) for Technology Support Plan for Lutron Lighting System at Levi’s Stadium

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

DISCUSSION
On June 27, 2022 Stadium Manager submitted the attached Recommendation for Award memo, along with a draft purchase order, to request the following:
· Approval to award a purchase order to Lutron for a proprietary technology support plan that will provide support, troubleshooting, training, maintenance, and diagnostics for the existing Lutron lighting system for a three year term from July 15, 2022 to July 14, 2025 in an amount not to exceed $46,091 per contract year. The total not to exceed amount is $138,273 over the three year period, subject to budget appropriations.

The Stadium Manager’s Recommendation for Award memo describes the request, service plan, and the single source justification in more detail. These costs are classified in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Engineering Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award Memo

2. Draft Purchase Order with Lutron
City of Santa Clara Page 1 of 1 Printed on 7/8/2022
powered by Legistar™
1 Date: June 27, 2022
To: Jim Mercurio
Executive Vice President & General Manager
From: Jenti Vandertuig
Procurement Director
Subject: Recommendation for Award for Lutron Technology Support for Levi’s Stadium Recommendation
Recommend approval and award an agreement to Lutron Services Co., Inc. (Lutron) to provide a proprietary technology support plan for the Lutron lighting system at Levi’s Stadium (Stadium), for a three year term, to commence on July 15, 2022 and expire on July 14, 2025, in an amount not to exceed $46,091.00 per contract year. Total compensation, in the aggregate, shall not exceed $138,273.00 over the three year period. The term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority (SCSA) budget for the applicable fiscal year that includes the amounts due under this contract.

Reasons for Recommendation
The Stadium opened in 2014 and the original Stadium construction plans specified, designed and installed a proprietary Lutron lighting system. The lighting system infrastructure is comprised of devices such as sensors, controls, and addressable ballasts, throughout all areas of the Stadium. The lighting system allows the Stadium Engineering staff to schedule, monitor, and change the lighting throughout the Stadium from a web based user interface. The lighting software also provides actionable data to manage energy use and space utilization, which decreases energy consumption and improves the lighting environment.

Stadium Manager has had a Lutron service plan to maintain the lighting system and software since the Lutron lighting system was installed in 2014. The service plan provides support, troubleshooting, training, maintenance, and diagnostics. The service plan includes elective onsite support visits for preventive maintenance and programming needs. Stadium Manager has a need to continue the service plan to provide the necessary support and maintenance of the existing Lutron lighting system.

Failure to execute a service agreement can lead to outdated and unsupported software, which can become a security vulnerability. Additionally, without the troubleshooting and maintenance support, any issues with the system may render portions or all of the lighting system unusable. Alternative devices can be purchased through third party suppliers and contractors, but they usually carry large cost markups and long lead times and the device

2 programming still requires a Lutron trained technician. The Stadium Engineering staff will lose functionality of the lighting system without a service agreement.

Lutron is a single source of the proprietary software and service for the existing lighting system.

The Lutron devices are only compatible with the Lutron software. Replacing the existing Lutron devices would be time consuming, and exceptionally expensive, and therefore is not viable at this time. The Lutron service plan is the most economical option to support and maintain the Stadium lighting system.

As requested by Stadium Manager, Lutron provided a three year Technology Support Plan with various options. Stadium Manager evaluated the needs and selected the Gold Technology Support Plan option with eight utility days onsite annually. The support plan includes software license updates but not major software upgrades. In the event Stadium Manager decides to upgrade the software, the Gold Technology Support Plan option is automatically trued up to maintain the current system and configuration. The cost of a three year Gold Technology Support Plan is $46,091.00 per year.

Stadium Manager and Lutron representatives addressed the proposed terms and conditions included in the Lutron Technology Support Plan Order Form which is included as supporting documentation.

Therefore, approval is sought to enter into an agreement with Lutron for a three year period in an amount not to exceed $46,091.00 per year, with a total not to exceed amount of $138,273.00 for the term of the agreement.

Next Steps
Once Stadium Manager receives approval from the SCSA Board, an agreement will be executed with Lutron and an executed copy forwarded to the Board. Supporting documentation has been provided for review and approval.

The cost for this purchase is covered in the FY22/23 SCSA Budget, Engineering Department, as a shared expense.

Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director
Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager

Stadium Manager: Vendor: Purchase Order:

Forty Niners Stadium Management Company LLC
Procurement
4900 Marie P DeBartolo Way
Santa Clara, California 95054
Lutron Services Co., Inc.
7200 Sutter Road
Coopersburg, PA 180036
Annie Masenheimer
Tel: 484.350.2160
Email: [email protected]
XXXX

Page 1 of 4 ends

Blanket Purchase Order Date: XXXXX

SHIP ALL ITEMS TO
Forty Niners Stadium Management
Company LLC
Receiving
ATTN: Andres Ott
4900 Marie P DeBartolo Way
Santa Clara, California 95054

BILL TO
Forty Niners Stadium Management
Company LLC
Accounts Payable
C/O: Andres Ott
4949 Marie P DeBartolo Way
Santa Clara, California 95054
Email: [email protected]
ATTENTION:

Andres Ott
[email protected]

DESCRIPTION
Lutron Services Co., Inc. (Lutron) shall provide proprietary Technology Support Plan for the Lutron lighting system at Levi’s Stadium (Stadium) as required by Stadium Manager, for a three year term, to commence on July 15, 2022 and expire on July 14, 2025, in an amount not to exceed $46,091.00 per contract year. Total compensation, in the aggregate, shall not exceed $138,273.00 over the three year period. The term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority (SCSA) budget for the applicable fiscal year that includes the amounts due under this contract.

Year 1 – July 15, 2022 through July 14, 2023 - $46,091.00 Year 2 – July 15, 2023 through July 14, 2024 - $46,091.00 Year 3 – July 15, 2024 through July 14, 2025 - $46,091.00 Total not-to-exceed amount of the Blanket Purchase Order shall not exceed $138,273.00 for the three year term.

Lutron shall provide support services in accordance with the Levi’s Stadium Purchase Order Terms and Conditions and Attachment A – Technology Support Plan Order Form including the Equipment List and Terms and Conditions.

Stadium Manager has selected the Gold Technology Support Plan.

Gold Plan includes:

1. 100% Diagnostic Labor

2. 100% Parts Coverage

3. 2 Hours of Remote Programming per Year

4. 24/7 Technical Phone Support

5. Annual Utility Day

6. 72 Hour Response Time
Support Plan Covers

1. On-site or remote service to troubleshoot and diagnose the lighting control system(s) (“System”) manufactured by Lutron.
a. All on-site or remote services will be performed by qualified Lutron Field Service Representatives. b. On-site or remote coverage hours are Lutron Business Hours (8:00am- 5:00pm Monday through Friday, local time, excluding Lutron holidays). Travel costs incurred by Lutron are included. Support at Customer’s request outside normal business hours, will be billable at Lutron’s then – current rates and/or minimum charges for After Hours work.

2. System replacement parts and Lutron ballasts/LED drivers.

3. Parts coverage for all Systems.
a. Parts coverage for Systems greater than 10 years old is based on availability.

Stadium Manager: Vendor: Purchase Order:

Page 2 of 4 ends

4. Two (2) hours of Remote Programming on an annual basis.

5. 24/7 Technical Phone Support, excluding Lutron Holidays.

Utility Day(s) - Number of Utility Days Opted by Stadium Manager is Eight (8) and includes the following:

1. Onsite Training includes a scheduled onsite Lutron lighting control system programming and implementation training visit for facility staff. Sessions may be tailored to specific staff or facility needs, per request

2. System Optimization includes an onsite, consultative visit for identification and implementation adjustments and/or strategies to enhance energy savings

3. Preventive Maintenance includes scheduled onsite visit for asset management, system check, panel maintenance and computer maintenance

4. Additional Elective Services include timeclock reprogramming and/or system status reporting.

Service Procedures

1. To schedule a visit, call 844-588-7661 and follow prompts to be connected to Lutron Field Service Scheduling.

2. Lutron representatives will perform service in compliance with security and safety instructions provided by Customer.

3. Customer agrees that all Lutron’s service must be done in compliance with Lutron’s safety procedures, which may include temporarily disabling or de-energizing the System and other equipment connected to the System.

4. Lutron will respect the Customer’s confidentiality and will utilize job specific information only as needed to complete the service visit.

Payments shall be made annually upon receipt of invoice from Lutron.

Location of onsite service:

Levi’s Stadium
4900 Marie P. DeBartolo Way
Santa Clara, CA 95054

STADIUM MANGER VENDOR
Signature: Signature:

Name: Jim Mercurio Name: Matthew Salvo
Title: Executive Vice President and General Manager Title: Director, Commercial Projects & Services Email: [email protected] Email: [email protected]
Date: Date:

Stadium Manager: Vendor: Purchase Order:

Page 3 of 4 ends

LEVI’S STADIUM PURCHASE ORDER TERMS AND CONDITIONS

1. CONTRACT: This purchase order, which consists of these standard terms and conditions, and any attachments hereto, evidences acceptance by the Forty Niners Stadium Management Company LLC (“Stadium Manager”) of the offer from the provider of goods and services (“Vendor”) which are the subject of this purchase order and constitutes a binding contract upon the terms and conditions set forth herein without further action or agreement of Vendor. In the event of conflict between these standard terms and conditions and the provisions of any attachment hereto these standard terms and conditions shall control.

2. SCHEDULE; TIME OF PERFORMANCE: Vendor shall supply the goods and perform the services, with the schedule and term, as specified herein. Time is of theessence.

3. COMPENSATION; SCHEDULE OF PAYMENT: Compensation, and method of payment, shall be as set forth herein. Vendor shall submit an invoice within thirty (30) calendar days after satisfactory completion of performance. Stadium Manager shall make payment within thirty (30) calendar days after receipt of such invoice. Vendor is responsible for all costs and expenses incident to the performance of this purchase order, including without limitation all costs, taxes, and all other costs of doing business.

4. DISCOUNT PERIODS: Intentionally left blank.

5. SALES TAXES: Vendor shall separately state on all invoices any sales, use or similar taxes imposed by federal or state government applicable to furnishing of the goods.

6. PACKING AND SHIPPING OF GOODS; TITLE AND RISK OF LOSS: All goods shall be delivered “free on board destination” to the location specified herein, full freight prepaid except for special or expedited orders, which shall be agreed upon prior to shipment. Deliveries of goods shall be made without charge for boxing, crating, carting or storage unless otherwise specified, and goods shall be suitably packed to secure lowest transportation costs, and in accordance with the requirements of common carriers, and in such a manner as to assure against damage from weather or transportation. Stadium Manager’s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading and shipping orders. Packing lists shall accompany each box or package shipment. Stadium Manager’s count or weight shall be final and conclusive on shipments not accompanied by packing lists. Shipments for two or more destinations when so directed by Stadium Manager shall be shipped in separate boxes or containers for each destination at no extra charge. Title to and risk of loss on all goods pass to Stadium Manager only upon Stadium Manager’s acceptance of suchgoods.

7. CHANGES: Stadium Manager shall have the right by written notice to change the extent of the work covered by this purchase order, the time or place of delivery, the method of shipment or packaging, or to suspend work. Notice of change must be signed by Stadium Manager’s Chief Financial Officer (“CFO”) or his/her designee. Upon receipt of any such notice, Vendor shall promptly make the changes in accordance with the terms of the notice. If Vendor believes that the change will cause an increase or decrease in the cost of or time for performance, then Vendor must deliver to Stadium Manager a statement showing the effect of any such changes within thirty (30) calendar days of receipt of the Stadium Manager’s notice of change.

An equitable adjustment shall be negotiated promptly and the purchase order modified in writing accordingly. Changes may only be made in writing.

8. INSURANCE REQUIREMENTS: Vendor shall, at no cost to Stadium Manager, maintain (or cause to be maintained) the following insurance coverage with insurers having a “Best’s” rating of A-VIII or better: commercial general liability insurance, including coverage for bodily injury, property damage, personal and advertising injury, products/completed operations and contractual liability with a minimum amount of one million US Dollars (USD $1,000,000.00) for each occurrence. Vendor shall provide Stadium Manager with applicable certificates and/or endorsements before work commences.

9. COMPLIANCE WITH THE LAW: Vendor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations.

10. GOVERNING LAW; VENUE: This purchase order shall be governed and construed in accordance with the laws of the State of California. The venue of any suit filed by either Party shall be in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose Division.

11. ASSIGNMENT: Vendor shall not assign any of the work to be performed under this purchase order nor shall Vendor subcontract for complete or substantially completed goods or major components thereof without the prior written consent from Stadium Manager or his/her designee. In order to meet contractual response times vendor may utilize subcontractors as necessary to perform break/fix services.

12. WAIVER: Vendor agrees that Stadium Manager's waiver of any breach or violation of any provision of this purchase order, or Stadium Manager: Vendor: Purchase Order:

Page 4 of 4 ends

acceptance of any performance, or tender of any payment, shall not be deemed a waiver of any other provision or any subsequent breach of the same or any other provision. Stadium Manager’s inspection and warranty rights are not waived by payment or any other action by Stadium Manager.

13. INDEPENDENT CONTRACTOR: It is understood and agreed that Vendor and all person(s) employed or contracted by Vendor shall act as, and be, an independent contractor and not an employee, agent, joint venturer, or partner of Stadium Manager.

Vendor has full rights to manage its employees and contractors under this Agreement. Vendor shall retain the right to provide goods or perform services for others during the term of this purchase order.

14. CONFIDENTIAL INFORMATION: All data, documents, discussions or other information developed or received by or for Vendor in performance of this purchase order are confidential and not to be disclosed to any person except as authorized by Stadium Manager, or as required by law.

15. VENDOR’S BOOKS AND RECORDS: Vendor shall maintain all records evidencing or relating to performance and amounts charged to or paid by Stadium Manager for a minimum period of four (4) years, or for any longer period required by law, from the date of final payment to Vendor pursuant to this purchase order. Any such records shall be made available for inspection or audit, at any time during regular business hours, upon written request by Stadium Manager. Copies of such documents shall be provided to Stadium Manager for inspection at Levi’s Stadium if requested and if practical to do so, otherwise records will be inspected atVendor’s business location.

16. NON-DISCRIMINATION. Vendor and all of Vendor’s subcontractors shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

17. CONFLICTS OF INTEREST: Vendor certifies that no Stadium Manager officer, employee or authorized representative has any financial interest in the business of Vendor and that no person associated with Vendor has any interest, direct or indirect, which could conflict with the faithful performance of this Purchase Order. Vendor is familiar with the provisions of California Government Code section 87100, et seq., and certifies that it does not know of any facts which would violate these laws.

Vendor will promptly advise Stadium Manager if a conflict arises. Vendor has read and agrees to comply with City of Santa Clara’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

18. SEVERABILITY: In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
2020© Lutron Services Co., Inc.

Page 1 of 4 ends

*Plan summaries; See coverage section for details

ATTACHMENT A
Technology Support Plan Order Form
Customer Name: Forty Niners
Stadium Management
Company
Annual Rate: $ 46,091.00
Initial Term:

At Customer’s option, multiple
years may be purchased at the
Annual Rate; the total duration
of this price assurance not to
exceed:

Effective Date: July 15, 2022
Payment Frequency: Annually: Quarterly: Monthly:

Covered Lutron Job Name(s) & Number(s) on Page 2
1 Year
2 Years
3 Years
Billing Contact: Site Contact:

Custom Services
WSS Coverage: Number of Annual Utility Days: 8
The price of this contract includes a 3% discount for the 3 year agreement.

Customer: Lutron Services Co., Inc.

By signing, the parties agree to be bound by the terms of this Technology Support Plan. After Lutron Services Co., Inc. (“LSC”) receives Customer’s signed document, LSC will send a fully executed copy to you. You will be invoiced at the start of each Term; if you have not included the first payment with submission of the signed document, you will receive an invoice within 4 weeks of the effective date.

Lutron Services Co., Inc., | Attn: Service Sales Manager | 7200 Suter Road | Coopersburg | PA | 18036 Technology Support Plan Level: ✔
Silver Gold Platinum
100% Diagnostic Labor X X X
100% Parts Coverage X X X
2 Hours of Remote Programming per Year X X X
24/7 Technical Phone Support X X X
Annual Utility Day X X
First Available Response Time X
72 Hour Response Time X
24 Hour Response Time X
Contacts Name:

Street Address:

City, State, Zip:

Telephone Number:

Email Address:

Purchase Order Number:
(for reference purposes only)
Contacts Name:

Street Address:

City, State, Zip:

Telephone Number:

Email Address:

Signature:

Name (Print):

Title (Print):

Signature:

Name (Print): Matthew Salvo
Title (Print): Director – Commercial Projects & Services Pricing expires at the close of business September15, 2022 ; any agreement signed thereafter subject to pricing adjustment. 2020© Lutron Services Co., Inc.

Page 2 of 4 ends

Equipment List
Lutron Job Name(s):

Levi's Stadium
Lutron Job Number(s) & System(s):
2004009 & Quantum
Equipment Location(s):

Santa Clara, CA
2020© Lutron Services Co., Inc.

Page 3 of 4 ends

Terms & Conditions

1. All Support Plans COVER
a. On-site or remote service to troubleshoot and diagnose the lighting control system(s) (“System”) manufactured by Lutron Electronics Co., Inc. (“Lutron”).
i. All on-site or remote services will be performed by qualified Lutron Services Company (LSC) Field Service
Representatives.
ii. On-site or remote coverage hours are Lutron Business Hours (8:00am- 5:00pm Monday through Friday, local time,
excluding Lutron holidays). Travel costs incurred by LSC are included. Support at Customer’s request outside normal
business hours, will be billable at LSC’s then – current rates and/or minimum charges for After Hours work.
b. System replacement parts and Lutron ballasts/LED drivers. c. Parts coverage for all Systems.
i. Parts coverage for Systems greater than 10 years old is based on availability.
d. Two (2) hours of Remote Programming on an annual basis. e. 24/7 Technical Phone Support, excluding Lutron Holidays.

2. Support Plan Specific Entitlements
a. Silver Plan:
i. First available response time for remote or on-site service for System troubleshooting and diagnosis.
ii. Zero (0) Utility Days unless otherwise specified in the Custom Services Section on Page 1. Utility Visits can cover any day of service except for Lutron Onsite or Remote Startup.
b. Gold Plan:
i. Three (3) – business day response time for remote or on-site service for System troubleshooting and diagnosis.
ii. One (1) Utility Day unless otherwise specified in the Custom Services Section on Page 1. Utility Visits can cover any day of service except for Lutron Onsite or Remote Startup.
c. Platinum Plan:
i. One (1) – business day response time for remote or on-site service for System troubleshooting and diagnosis.
ii. One (1) Utility Day unless otherwise specified in the Custom Services Section on Page 1. Utility Visits can cover any day of service except for Lutron Onsite or Remote Startup.
d. Window Shade Solution:
i. Optional Coverage indicated in the Custom Services Section on Page 1. Gold or Platinum Plan is required. Window Shade Solution (WSS) support to be performed during the annual Utility Day. This coverage does not cover the
installation/removal/replacement of window shades or shade components.
ii. Adds WSS Replacement Parts Coverage, excluding fabric. iii. WSS Utility Day will include the following:

1. Confirmation of shade zone configurations.

2. Verification of shade motor limits and addresses.

3. Visual inspection of shade hardware and fabrics.

4. WSS troubleshooting and diagnosis.

5. WSS operation Customer training.
e. Utility Day(s) can include the following:
i. Onsite Training includes a scheduled onsite Lutron lighting control system programming and implementation training visit for facility staff. Sessions may be tailored to specific staff or facility needs, per request
ii. System Optimization includes an onsite, consultative visit for identification and implementation adjustments and/or
strategies to enhance energy savings
iii. Preventive Maintenance includes scheduled onsite visit for asset management, system check, panel maintenance and
computer maintenance
iv. Additional Elective Services include timeclock reprogramming and/or system status reporting.

3. Service Procedures
a. To schedule a visit, call 844-588-7661 and follow prompts to be connected to LSC Field Service Scheduling.
b. LSC representatives will perform service in compliance with security and safety instructions provided by Customer. LSC will provide a certificate of insurance upon request ofCustomer. c. Customer agrees that all LSC service must be done in compliance with LSC’s safety procedures, which may include temporarily disabling or de-energizing the System and other equipment connected to the System.
d. LSC will respect the Customer’s confidentiality and will utilize job specific information only as needed to complete the servicevisit.

4. Support Plans DO NOT COVER
a. Labor costs to remove and reinstall components, fixtures, window shades (or shade components), batteries, ballasts/LED drivers, and/or line voltage electrical equipment.
b. Services requiring a licensed electrician or electrical contractor. c. Damage or malfunctions diagnosed by LSC as due to abuse, misuse, or accident, such as: use of incorrect line voltage, fuses or protection devices; failure to follow operating and maintenance instructions provided by Lutron or LSC; failure to comply with national or local electrical codes; unauthorized repairs/adjustments; vandalism or theft; fire, water damage, flood, “Acts of God”, or other problems beyond LSC’s control.
d. Repairs or adjustments to Lutron System required as a result of i. Malfunctions caused by non-Lutron supplied equipment. ii. Software that is connected to or used with the System iii. Programming changes made by anyone other than an LSC Field Service Representative. Including Field Service
Engineers (FSE) or Authorized Service Center (ASC)agents. e. Non-Lutron components and equipment to include but not limited to:
i. Lamps, non-Lutron ballasts/LED drivers, sockets, fixtures, fixture wiring between ballasts and lamps, building wiring between System elements, audio-visual equipment, non-Lutron timeclocks and sensors, and local area networks.
f. Any fees that may be charged to LSC for vendor portal registration; such fees may be passed to the Customer at LSCs sole discretion.
g. Computers, associated equipment, and software; backup of the Customer’s System database.
h. Any batteries used in wireless devices.
i. Customer activities related to providing a virtual private network or secured internet connection for remote access in support of remote programming and diagnosis by LSC; absence of such remote access precludes remote access and related LSCsupport. j. Window Shade Solutions.

5. Warranties
a. LSC makes no warranty that the System will perform
uninterrupted, timely, complete or error-free. LSC makes no warranty, either express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose.
b. At Customers discretion, LSC will refund to the Customer the total Technology Support Plan annual payment(s) and cancel this contract if LSC is unable to resolve a covered problem within ten (10) support visits.

6. Taxes
a. Customer shall be responsible for sales, use, and value-added taxes; such taxes shall be invoiced by LSC as a distinct lineitem. 2020© Lutron Services Co., Inc.

Page 4 of 4 ends

7. Indemnification/Hold Harmless/Limitation of Liability a. LSC agrees to indemnify, defend, and hold harmless Customer, its affiliates, SCSA and the City of Santa Clara from and against any liability or loss (including reasonable attorneys’ fees and other costs of defense) resulting from judgments or claims for a) personal injury, including death,and/or
b) damage/destruction of tangible property arising out of or incident to this Agreement ( a) and b) collectively “Losses”), but only to the extent that such Losses are proximately caused by the negligence or willful misconduct of LSC.
b. This indemnification obligation of LSC shall be construed so as to extend to all reasonable legal, defense and investigation costs provided Customer promptly notifies LSC (Attn: General Counsel) that a claim or demand is being made. LSC will have the exclusive rights to defend, control, settle and compromise any claim, provided however, that LSC will consult with Customer regarding any settlement or compromise that includes substantive terms beyond a monetary settlement. Further, if LSC assumes the defense of a claim and Customer desires to retain its own counsel with respect to such claim, Customer may do so provided such counsel is retained at Customer’s sole cost and expense. c. In no event shall any party hereto be liable for incidental, consequential (including lost profits), special, punitive or exemplary damages in connection with the services rendered hereto even if notice was given of the possibility of such damages and even if such damages were reasonably foreseeable.
d. Except as otherwise provided herein and excluding LSC’s indemnification obligations, Customer’s exclusive remedy and LSC’s entire, collective liability in contract, tort (including negligence) or otherwise, under the agreement between the parties will be the payment of actual damages not to exceed one million dollars.

8. Term; Termination
a. Customer may cancel coverage by providing 30 days’ written notice to LSC and LSC will provide a pro-rata refund of any prepaid fees.
b. LSC may terminate this Agreement by providing 30 days advance written notice to Customer; in the event of LSC’s termination, LSC shall provide a pro-rata refund to Customer.
c. Following the Initial Term, the service period may be renewed annually (Renewal Term) upon written notice from Customer to LSC, unless either party provides written notice to the contrary at least thirty (30) days prior to the end of the Initial Term or any Renewal Term. LSC reserves the right to modify the Annual Rate in any Renewal Term. Systems that are no longer actively sold by Lutron are not eligible for automatic renewal and will therefore terminate at the end of the Initial Term.

9. Compliance with Trade Laws
a. Customer represents and warrants that neither Customer, nor any parent, subsidiary, affiliate, or associated company of Customer,is i. Included on any of the restricted party lists maintained by the U.S. Government, including the Specially Designated
Nationals List and Foreign Sanctions Evaders List
administered by the US Department of Treasury’s Office of Foreign Assets Control; Denied Parties List, Unverified List or Entity List maintained by the US Department of Commerce’s Bureau of Industry and Security; or the List of Statutorily Debarred Parties maintained by the US Department of State’s Directorate of Defense Trade Controls
ii. Located in a jurisdiction that is subject to U.S. territorial sanctions, including at the time of this agreement Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of the
Ukraine.
b. Customer confirms it will not sell, export, re-export, transfer or retransfer any Products or any related technology or services that are sold or otherwise provided hereunder by LSC or its distributors, resellers, or agents, in any manner contrary to applicable export control and economic sanctions laws of the United States and/or other jurisdictions.

10. Non-Solicitation
a. While this Agreement is in effect, and for twelve (12) months after its expiration or termination, Customer agrees that it shall not directly or indirectly solicit for employment, any employee of LSC with whom Customer has had contact in connection with
performance of this Agreement. The foregoing shall not apply to i. Individuals hired as a result of the use of a general solicitation (such as an advertisement, in newspapers, or on radio or television) not specifically directed to the employees ofLSC; ii. LSC employees who independently and on their own initiative pursue employment opportunities with Customer.

11. Miscellaneous
a. This Agreement is the complete agreement between Customer and LSC regarding the services provided hereunder and replaces any prior oral or written communications between Customer and LSC regarding such services. Any terms and conditions included in any portal LSC is asked or required to utilize are of no effect as the terms contained herein shall solely govern the relationship of the parties. None of LSC’s employees or agents may orally vary the terms and conditions of this Agreement. LSC’s failure to exercise, delay in exercising, or single or partial exercise of any right, power, or privilege under this Agreement shall not operate to waive or preclude LSC’s right to exercise such rights, power, or privileges. If any part of this Agreement is held to be invalid or unenforceable, it will not affect the validity or enforceability of the rest of the Agreement. Without further action of the parties, that part will be reformed to the minimum extent necessary to make it valid and enforceable. Any modification of this Agreement must be signed in writing by authorized representatives of Customer and LSC.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-909 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Order to Lutron Services Co., Inc. (Lutron) for Technology Support Plan for Existing Lutron Lighting System at Levi’s Stadium

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

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

As the Stadium Manager, Forty Niners Stadium Management Company, LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and Stadium Manager.

The Stadium Manager is requesting for the following:
· Approval to award a purchase order to Lutron for a proprietary technology support plan that will provide support, troubleshooting, training, maintenance, and diagnostics for the existing Lutron lighting system for a three year term from July 15, 2022 to July 14, 2025 in an amount not to exceed $46,091 per contract year. The total not to exceed amount is $138,273 over the three year period, subject to budget appropriations.

Chapter 17.30.070 states that, “Except for reserved purchase order numbers assigned by the purchasing officer, the purchasing officer shall not issue any purchase order or award any contract for supplies, materials, or equipment unless there exists an unencumbered appropriation in the proper account of the Stadium Authority to which the purchase is to be charged.” The requested technology support plan will span over multiple fiscal years; however the Stadium Manager stated in their Recommendation for Award memo that the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority budget for the applicable fiscal year that includes the amounts under the agreement.

City of Santa Clara Page 1 of 3 Printed on 7/8/2022
powered by Legistar™
22-909 Agenda Date: 7/12/2022

DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memo and draft purchase order (attached to corresponding report #22-908). The Stadium Manager indicated in their Recommendation for Award memo that Lutron is a single source of the proprietary software and service for the existing lighting system and the Lutron devices are only compatible with the Lutron software. As such, this purchase would be pursued as a single source procurement and is consistent with the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.160(b)(3).

As noted in the Recommendation for Award memo, the Stadium Manager has had a Lutron service plan to maintain the lighting system and software since the Lutron lighting system was installed in 2014. The prior plan cost approximately $30,000 per year but the price has since increased.

Staff recommends approval of the requested purchase order agreement with Lutron. The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, before respectively releasing public funds upon procurement of the subscription and supplies. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

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(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The Stadium Authority FY 2022/23 Budget contains a Legal Contingency for Shared Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. As part of its March 15, 2022 approval of the FY 2022/23 Budget, the Stadium Authority Board delegated budget amendment authority to the Executive Director for Shared Expenses from the Legal Contingency.

Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC per the Management Agreement.

There are sufficient funds in the FY 2022/23 Stadium Authority Legal Contingency, Engineering line item to cover the FY 2022/23 amount of up to $46,091 for the technology support services. The purchase order’s total not to exceed amount is $138,273 over the three-year term and is subject to budget appropriations (Stadium Authority’s share will be $69,137). The Executive Director will approve a budget amendment to reallocate funds from Legal Contingency to Shared Stadium Manager Expenses for the costs described in this report upon the Board’s approval of staff’s recommendations and after the review of adequate documentation for costs.

COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Treasurer’s and Stadium Authority Counsel’s Offices.

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 City of Santa Clara Page 2 of 3 Printed on 7/8/2022
powered by Legistar™
22-909 Agenda Date: 7/12/2022
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].

RECOMMENDATION
Approve the Stadium Manager’s request to award a purchase order to Lutron for technology support plan for Levi Stadium’s existing Lutron lighting system for a three year term from July 15, 2022 to July 14, 2025, in an amount not to exceed $46,091 per contract year for a total not to exceed amount of $138,273 over the three year period, subject to budget appropriations; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director
City of Santa Clara Page 3 of 3 Printed on 7/8/2022
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-910 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from the Stadium Manager to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for Mobile Pro Falcon 3100 Trailers (Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers CapEx Project)

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

DISCUSSION
On June 27, 2022, the Stadium Manager submitted the attached Recommendation for Award memo, along with supporting documentation, to request the following:
· Approval to award a one-time purchase order to LRG Technologies, Inc. DBA Mobile Pro Systems (Mobile Pro) to purchase four Mobile Pro Falcon 3100 trailers in the amount of $245,934.

The Stadium Manager’s Recommendation for Award memo (Attachment 1) describes the project and single source justification in more detail. This project is included in the Stadium Authority FY 2022/23 Capital Expense (CapEx) Budget under the Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers line item which is budgeted for $246,750.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award Memo
City of Santa Clara Page 1 of 1 Printed on 7/8/2022
powered by Legistar™

2 Single Source Justification
As part of the FY21/22 SCSA Capital Expenditure acquisition, in July 2021, Stadium Manager conducted a competitive solicitation process and recommended the SCSA Board approve an award to LRG Technologies, Inc. DBA Mobile Pro Systems for the purchase of four CCTV pop-up trailers. The SCSA Board approved the recommendation on August 24, 2021.

Stadium Manager determined that procuring Mobile Pro Falcon 3100 CCTV pop-up trailers as a single source was warranted for the following reasons:

1. The requirement to have the CCTV pop-up trailers compatible with our Genetec security system and achieve interoperability with existing systems;

2. Ensure functionality to match the existing equipment procured in August 2021 with respect to operability, maintenance and repair; and

3. Facilitate expansion of our current infrastructure currently in use at the Stadium.

Mobile Pro is the manufacturer of the Falcon 3100 CCTV trailers. Even though Mobile Pro has authorized distributors in the US, these distributors do not provide the required services to install the software licenses and camera kits required to make the CCTV trailers fully operational prior to delivery. Therefore, Stadium Manager requested Mobile Pro to provide a quotation with required specifications, Genetec security licenses, Genetec license plate reader kits and related accessories, including and installation and configuration services.

Therefore, it was in the best interest of
Stadium Manager to request Mobile Pro to install and configure the Genetec licenses and kits while building the trailers to our specifications and requirements.

3 Mobile Pro provided a quotation based on Stadium Manager’s requirements for four Falcon 3100 CCTV pop-up trailers with full configuration and installation services of all required software and accessories, in the amount of $226,524.50 inclusive of shipping charges and a one year manufacturer’s warranty. The total cost inclusive of all applicable sales taxes is $245,934.47.

Next Steps
The SCSA Board approved the purchase of five CCTV trailers as part of the FY22/23 SCSA Capital Expenditures budget with a not to exceed amount of $246,750. Given the demand for technology products, rise in cost of goods and Stadium Manager’s determination that the Genetec software and kits be installed and configured by the manufacturer, Stadium Manager is able to procure only four CCTV trailers within the budgeted amount. Therefore, Stadium Manager recommends approval to procure four Mobile Pro Falcon 3100 CCTV pop-up trailers for the Stadium.

Once Stadium Manager receives approval from the SCSA Board, a Purchase Order will be issued to LRG Technologies, Inc. DBA Mobile Pro Systems and an executed copy forwarded to the Board. Supporting documentation is provided for review and approval. The cost of this purchase is referenced in the FY 22/23 SCSA Capital Expenditure budget under Security, Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers. The approved budget amount is $246,750.

Submitted By: ____ _______________ Date: ___________________ Jenti Vandertuig, Procurement Director
Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-911 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Order to LRG Technologies, Inc. DBA Mobile Pro Systems for Mobile Pro Falcon 3100 Trailers (Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers CapEx Project)

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

The Stadium Manager is requesting the following:
· Approval to award a one-time purchase order to LRG Technologies, Inc. DBA Mobile Pro Systems (Mobile Pro) to purchase four Mobile Pro Falcon 3100 trailers in the amount of $245,934.

This project is included in the Stadium Authority Fiscal Year (FY) 2022/23 Capital Expense (CapEx) Budget under the Mobile Security CCTV Pop Up Trailers line item which is budgeted for $246,750.

DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo, supporting documentation, and proposed purchase order with Mobile Pro that were submitted (the memo is attached to corresponding report #22-910). The Stadium Manager purchased four Mobile Pro Falcon 3100 trailers from Mobile Pro in FY 2021/22 after conducting a Request for Bids process and receiving the Stadium Authority Board’s approval on August 24, 2021. At the time, the Stadium Manager communicated that another budget request may be submitted for trailers for the following fiscal year depending on the changing security environment. The current project description in the City of Santa Clara Page 1 of 3 Printed on 7/8/2022
powered by Legistar™
22-911 Agenda Date: 7/12/2022
CapEx Budget includes five Mobile Pro Falcon 3100 trailers; however, in the Recommendation for Award memo, the Stadium Manager noted that they are only able to procure four within the budgeted amount.

The Stadium Manager is pursuing this Mobile Pro Falcon 3100 trailer purchase as a single source procurement for the following reasons:
· The requirement to have the CCTV pop-up trailers compatible with existing security system and achieve interoperability with existing systems;
· Ensure functionality to match the existing equipment procured in August 2021 with respect to operability, maintenance and repair; and
· Facilitate expansion of current infrastructure currently in use at the Stadium.

As explained in the Recommendation for Award memo, Mobile Pro is the manufacturer of the Falcon 3100 CCTV trailers. Even though Mobile Pro has authorized distributors in the US, these distributors do not provide the required services to install the software licenses and camera kits required to make the CCTV trailers fully operational prior to delivery. As such, this purchase would also be pursued as a single source procurement and is in alignment with the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.160(b)(2).

Based on the documentation and justifications provided, staff recommends approval of the Stadium Manager’s request to award a purchase order to Mobile Pro. The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, before releasing public funds upon completion of work. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

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

FISCAL IMPACT
The Stadium Authority FY 2022/23 CapEx Budget includes $246,750 for the Mobile Security CCTV Pop Up Trailers line item. There are sufficient funds to cover the cost of four Mobile Pro Falcon 3100 trailers ($245,934).

COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Stadium Authority Counsel and Treasurer’s Offices.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a City of Santa Clara Page 2 of 3 Printed on 7/8/2022
powered by Legistar™
22-911 Agenda Date: 7/12/2022
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
Approve the Stadium Manager’s request to award a one-time purchase order to Mobile Pro in the amount of $245,934 to purchase four Mobile Pro Falcon 3100 trailers (Mobile Security CCTV Pop Up Trailers CapEx Project); and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director
City of Santa Clara Page 3 of 3 Printed on 7/8/2022
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-914 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from the Stadium Manager to Award Purchase Orders to Pacific Coast Flag for City of Santa Clara Flags for Levi’s Stadium and Guardian Booth LLC for Security 24/7 Gate C Employee Entrance Booth CapEx Project

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

DISCUSSION
On June 28, 2022, the Stadium Manager submitted the attached Recommendation for Award memo, along with supporting documentation, to request approval from the Stadium Authority Board for the following:

1. Approval to award a purchase order to Pacific Coast Flag in the amount of $1,280 to purchase five 8x12’ City of Santa Clara flags for the Stadium. These costs are classified in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Engineering Department. These expenses are under Legal Contingency in the FY 2022/23 Budget; and

2. Approval to award a purchase order to Guardian Booth LLC in the amount of $25,775 to procure a new pre-manufactured security guard booth at the Gate C employee and guest entrance at Levi’s Stadium. The new booth will provide cover, power, lighting, and storage for Security staff at the entry gate. The Stadium Authority FY 2022/23 Capital Expense (CapEx Budget) includes $26,250 for the Security 24/7 Gate C Employee Entrance Booth line item.

The Recommendation for Award memo describe the requests and procurement processes that were implemented in more detail.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award Memo
City of Santa Clara Page 1 of 1 Printed on 7/8/2022
powered by Legistar™
1 Date: June 28, 2022
To: Jim Mercurio
Executive Vice President & General Manager

From: Jenti Vandertuig
Procurement Director
Subject: Recommendation for Award for Miscellaneous Acquisitions The Forty Niners Stadium Management Company LLC (Stadium Manager) recommends approval of the following acquisitions for Levi’s Stadium (Stadium). An explanation and supporting documentation for each request has been provided with the recommendation.

1. City of Santa Clara Flags for Stadium Manager - $1,279.92

2. Guard Booth for Security Department - $25,774.64
Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director
Approved By: ___________________________________ Date: ____________________ Jim Mercurio, Executive Vice President & General Manager

2 1. City of Santa Clara Flags
Stadium Manager has a need to procure City of Santa Clara flags for the Stadium.

Stadium Manager contacted multiple vendors and received informal pricing for three flags including shipping as follows:

1. Pacific Coast Flag - $827.05 inclusive of shipping and sales tax

2. New England Flag and Banner - $1,293.13 inclusive of sales tax Stadium Manager contacted Pacific Coast Flag and requested pricing for 5 flags and received a $15 discount for each flag from $245 to $230. The cost of five 8x12’ City of Santa Clara nylon flags including shipping and sales tax is $1,279.92. Therefore, approval is sought to issue a Purchase Order to Pacific Coast Flag in the amount of $1,279.92.

The cost for this purchase is covered in the FY22/23 SCSA Budget, Engineering Department, as a shared expense.

2. Guard Booth for Security
As part of the FY 22/23 SCSA Capital Expenditures budget, Stadium Manager requested and received approval to procure and install a new pre-manufactured security guard booth at Gate C – employee and guest entrance at the Stadium. The new booth will provide cover, power, lighting, and storage for Security staff at the entry gate. The booth will include a canopy for the Security walkthrough magnetometer and search table. It will be used on both event and non-event days. The security checkpoint is necessary to screen all people entering the Stadium grounds. This booth provides necessary operational support to our Security staff performing critical screening operations required by the Department of Homeland Security Safety Act requirements.

Stadium Manager issued a Request for Quotation (RFQ) FY22-0002 for a guard booth on June 20, 2022 and reached out to multiple vendors for quotations. The RFQ closed on June 23, 2022 and three responses were received as follows:

1. Guardian Booth LLC - $23,619.37

2. Porta-King Building Systems - $60,164.86

3. Portafab – No pricing. Received an email with a link to their website.

The RFQ required the guard booth to be fully assembled and prewired and delivered to the Stadium loading dock by September 2, 2022. Guardian Booth LLC was able to meet the specifications and delivery requirements and was deemed the low offeror at $23,619.37. The cost of the guard booth inclusive of all applicable sales tax is $25,774.64.

3 Therefore, approval is sought to issue a Purchase Order to Guardian Booth LLC in the amount of $25,774.64 inclusive of shipping/delivery and all applicable sales tax.

The cost for this purchase is covered in the FY22/23 SCSA Capital Expenditure Budget, referenced Security 24/7 Gate C Employee Entrance Booth. The approved budget is $26,250.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-915 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Orders to Pacific Coast Flag for City of Santa Clara Flags for Levi’s Stadium and Guardian Booth LLC for Security 24/7 Gate C Employee Entrance Booth CapEx Project

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

As the Stadium Manager, Forty Niners Stadium Management Company, LLC, is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Management Agreement between the Stadium Authority and ManCo.

The Stadium Manager is requesting approval for the following:

2. Approval to award a purchase order to Guardian Booth LLC in the amount of $25,775 to procure a pre-manufactured security guard booth at Gate C, which will provide cover, power, lighting, storage, canopy for the magnetometer, and search table for the security staff. The Stadium Authority FY 2022/23 Capital Expense (CapEx) Budget includes $26,250 for the Security 24/7 Gate C Employee Entrance Booth line item.

City of Santa Clara Page 1 of 3 Printed on 7/8/2022
powered by Legistar™
22-915 Agenda Date: 7/12/2022

DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memo, supporting procurement documents, and draft purchase orders for the two requests (the memo is attached to corresponding report #22-914) for consistency against the Stadium Authority Procurement Policy and Santa Clara City Code Chapter 2.105.280 (Informal Bidding).

For the Security 24/7 Gate C Employee Entrance Booth CapEx project, the Stadium Manager noted in their report that it received three responses. However, staff concluded that one vendor’s quote (Portafab) was non-responsive because they did not follow the Request for Quotation (RFQ) instructions. The Stadium Manager is recommending award to the lowest bidder (Guardian Booth LLC).

Staff recommends approval of the Stadium Manager’s request to award purchase orders to Pacific Coast Flag for the flags and Guardian Booth LLC for the new security guard booth. The Stadium Authority will require full supporting documentation before respectively releasing public funds upon procurement of these items. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

FISCAL IMPACT
The Stadium Authority FY 2022/23 Budget contains a Legal Contingency for Shared Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. As part of its March 15, 2022 approval of the FY 2022/23 Budget, the Stadium Authority Board delegated budget amendment authority to the Office of the Executive Director and Treasurer for Shared Expenses from the Legal Contingency. Shared Expenses are split between the Stadium Authority and Forty Niners SC Stadium Company LLC per the Management Agreement.

There are sufficient funds in the Stadium Authority FY 2022/23 Legal Contingency, Engineering line item to cover the City of Santa Clara flags ($1,280, of which the Stadium Authority is responsible for $640). The Executive Director will approve a budget amendment to reallocate funds from Legal Contingency to Shared Stadium Manager Expenses for the costs described in this report upon the Board’s approval of staff’s recommendations and after the review of adequate documentation for costs
The FY 2022/23 Stadium Authority CapEx budget includes $26,250 for the Security 24/7 Gate C Employee Entrance Booth line item. There are sufficient funds to cover the cost of the new security booth ($25,775).

COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Treasurer’s and Stadium Authority Counsel’s Offices.

City of Santa Clara Page 2 of 3 Printed on 7/8/2022
powered by Legistar™
22-915 Agenda Date: 7/12/2022

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

1. Approve the Stadium Manager’s request to award a purchase order to Pacific Coast Flag in the amount of $1,280 to purchase City of Santa Clara flags for Levi’s Stadium; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and

2. Approve the Stadium Manager’s request to award a purchase order to Guardian Booth LLC in the amount of $25,775 to purchase a pre-manufactured security guard booth (Security 24/7 Gate C Employee Entrance Booth CapEx Project); and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from the Stadium Manager to Award Purchase Order to MAMAVA, Inc. to Purchase Mamava XL Lactation Pods (Private Lactation Spaces CapEx Project)

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

DISCUSSION
On June 30, 2022, the Stadium Manager submitted the attached Recommendation for Award memo, along with supporting documentation, to request the following:
· Approval to award a one-time purchase order to MAMAVA, Inc. to purchase three Mamava XL lactation pods with custom graphics and related accessories in the amount of $90,119.

The Stadium Manager’s Recommendation for Award memo (Attachment 1) describes the project and the process that was implemented to utilize a cooperative agreement in more detail. This project is included in the Stadium Authority FY 2022/23 Capital Expense (CapEx) Budget under the Private Lactation Spaces line item which is budgeted for $126,000.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award Memo
City of Santa Clara Page 1 of 1 Printed on 7/8/2022
powered by Legistar™
1 Date: June 30, 2022
To: Jim Mercurio
Executive Vice President & General Manager
From: Jenti Vandertuig
Procurement Director
Subject: Recommendation for Award to Procure Private Lactation Pods for Levi’s Stadium
Recommendation
Recommend approval and award of a one-time Purchase Order to MAMAVA, Inc to purchase three Mamava XL lactation pods with custom graphics and related accessories in the amount of $90,118.73 (inclusive of all applicable sales tax).

The Forty Niners Stadium Management Company LLC (Stadium Manager) has a need to procure private lactation pods for Levi’s Stadium (Stadium). The purchase of lactation pods was approved as part of the FY22/23 Santa Clara Stadium Authority (SCSA) Capital Expenditures budget.

The acquisitions of lactation pods will provide new lactation spaces for guests to pump or breastfeed milk in private at the Stadium. The private lactation pods will include a secure door, seating, lighting, counter, mirror, coat hook and electrical outlets. While these spaces are not required at stadiums yet, they are required at other major assembly areas in the State of California, such as airports, colleges, county jails, community colleges, and state colleges. Providing these pods allow breastfeeding guests a private location to express milk and still attend and enjoy events at the Stadium.

Stadium Manager conducted market research to identify sources of supply of lactation pods. In discussion with suppliers, Stadium Manager was apprised that there were numerous public agencies who have established agreements for the acquisition of lactation pods. Stadium Manager sought assistance from CoProcure, a startup company and a free resource for public agency buyers at the local level to find and work with suppliers available on cooperative contracts and identified various cooperative agreements both at the Federal and local level to utilize.

2 Stadium Manager identified Mamava XL lactation pods to conform with all the American Disabilities Act (ADA) and California Building Code (CBC) requirements.

Massachusetts Higher Education Consortium’s cooperative agreement provided the Mamava XL lactation pods with better pricing compared to the Federal General Services Agency (GSA) cooperative agreement schedule. The manufacturer MAMAVA, Inc was receptive to working with Stadium Manager to establish a local agreement with mutually agreed upon terms.

MAMAVA, Inc provided a quotation as requested by Stadium Manager for three Mamava XL lactation pods with custom graphics and related accessories delivered to the Stadium. The total cost of the purchase including shipping and applicable sales tax is $90,118.73.

Next Steps
The SCSA Board approved the purchase of private lactation spaces as part of the FY22/23 SCSA Capital Expenditures budget with a not to exceed amount of $126,000.

Therefore, Stadium Manager recommends approval to procure three Mamava XL lactation pods with custom graphics and related accessories in the amount of $90,118.73.

Once Stadium Manager receives approval from the SCSA Board, a Purchase Order will be issued to MAMAVA, Inc and an executed copy forwarded to the Board. Supporting documentation is provided for review and approval. The cost of this purchase is referenced in the FY 22/23 SCSA Capital Expenditure budget as Private Lactation Spaces for Levi’s Stadium. The approved budget amount is $126,000.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-926 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Order to MAMAVA, Inc. to Purchase Mamava XL Lactation Pods (Private Lactation Spaces CapEx Project)

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

The Stadium Manager is requesting the following:
· Approval to award a one-time purchase order to MAMAVA, Inc. to purchase three Mamava XL lactation pods with custom graphics and related accessories in the amount of $90,119.

This project is included in the Stadium Authority FY 2022/23 Capital Expense (CapEx) Budget under the Private Lactation Spaces line item which is budgeted for $126,000.

DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo, supporting documentation, and proposed purchase order that were submitted (the memo and purchase order are attached to corresponding report #22-924) for consistency against the Stadium Authority Procurement Policy and Santa Clara City Code Chapter (SCCC) 2.105.290 (Informal Bidding). The Stadium Manager is utilizing a cooperative agreement for the lactation pods as allowed for under SCCC Chapter 2.105.290(b)(3).

City of Santa Clara Page 1 of 2 Printed on 7/8/2022
powered by Legistar™
22-926 Agenda Date: 7/12/2022
Based on the documentation provided, staff recommends approval of the Stadium Manager’s request to award a purchase order to MAMAVA, Inc. The Stadium Authority will require full supporting documentation including compliance with prevailing wage laws, if applicable, before releasing public funds upon completion of work. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

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

FISCAL IMPACT
The Stadium Authority FY 2022/23 CapEx Budget includes $126,000 for the Private Lactation Spaces line item. There are sufficient funds to cover the cost of three Mamava XL lactation pods with custom graphics and related accessories ($90,119).

COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Stadium Authority Counsel and Treasurer’s Offices.

RECOMMENDATION
Approve the Stadium Manager’s request to award a one-time purchase order to MAMAVA, Inc. with an addendum in the amount of $90,119 to purchase three Mamava XL lactation pods with custom graphics and related accessories (Private Lactation Spaces CapEx Project); and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director
City of Santa Clara Page 2 of 2 Printed on 7/8/2022
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-927 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from the Stadium Manager to Award Purchase Orders to EyeP Solutions, Inc. for Software Upgrade to Genetec 5.8 CapEx Project, Video Analytics CapEx Project, License Plate Reader Cameras at Vehicle Entry Gates CapEx Project, and Additional Software License Subscriptions

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

DISCUSSION
On June 30, 2022, the Stadium Manager submitted the attached Recommendation for Award memo, along with supporting documentation, to request the following:

1. Approval to award a one-time purchase order to EyeP Solutions, Inc. to provide professional services to upgrade the Genetec security system from version 5.7 to version 5.8 in the amount of $15,500. This project is included in the Stadium Authority Fiscal Year (FY) 2022/23 Capital Expense (CapEx) Budget under the Software Upgrade to Genetec 5.8 line item which is budgeted for $36,750.

2. Approval to award a one-time purchase order to EyeP Solutions, Inc. to provide KiwiVision software licenses to assist with video investigations in the amount of $32,896. This project is included in the Stadium Authority FY 2022/23 CapEx Budget under the Video Analytics line item which is budgeted for $36,750.

3. Approval to award a one-time purchase order to EyeP Solutions, Inc. to provide camera kits, related Genetec software license subscriptions, and remote deployment services in the amount of $41,662. This project is included in the Stadium Authority FY 2022/23 CapEx Budget under the License Plate Reader Cameras at Vehicle Entry Gates line item which is budgeted for $47,250.

4. Approval to award a one-time purchase order to EyeP Solutions, Inc. to provide Genetec Federated and Omnicast Camera software license subscriptions in the amount of $2,746. These costs are classified in the Stadium Authority Fiscal Year FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Security Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.

The Stadium Manager’s Recommendation for Award memo (Attachment 1) describes the projects and software and the process that was implemented to utilize cooperative agreements in more detail.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award Memo
City of Santa Clara Page 1 of 1 Printed on 7/8/2022
powered by Legistar™

2 These systems were installed during the construction of the Stadium in 2014.

Stadium Manager is recommending an upgrade to the current Genetec Security Center and to procure additional Genetec software licenses including software subscription services, and related products to enhance Levi’s Stadium security platform and monitoring capabilities.

Utilize the Federal General Services Administration (GSA) Schedules as Cooperative Agreements to Procure from EyeP Solutions, Inc.

Genetec software license subscriptions, products and related maintenance and subscription renewals can be procured only through Genetec’s third party resellers.

Stadium Manager requested assistance from Genetec, Inc., and was referred to the Federal GSA Schedule 47QSWA18D0050 for software subscriptions, products and maintenance services and Federal Supply Schedule GS35F0284U for professional services.

Stadium Manager evaluated the current needs and determined that it was in our best interest to utilize a cooperative agreement. EyeP Solutions, Inc. is one of the value added resellers on the Federal GSA Schedules who has provided the required Genetec certification training to our Security personnel and will accept our local terms and conditions to contract with Stadium Manager. The links to the GSA Schedules are provided here:

Genetec GSA Schedule Cooperative Agreement:
https://resources.genetec.com/genetec-awards-certifications/general-servicesadministration-gsa Federal GSA Schedule 47QSWA18D0050 for Genetec Software Licenses, Products and Maintenance Services:
https://www.gsaadvantage.gov/ref text/47QSWA18D0050/0X8LED.3SYYD2 47QSWA1 8D0050 GENETECTERMSMASPA0039MAY2022.PDF
Federal Supply Schedule GS35F0284U for Genetec Professional Services:
https://govtribe.com/file/government-file/gs35f0284u-federal-supply-schedulegs35f0284u-dot-pdf

3 Stadium Manager engaged EyeP Solutions, Inc. and Genetec, Inc. to evaluate our needs and provide quotations.

Reasons for Recommendation

1. Upgrade Genetec System to Version 5.8
The Genetec system upgrade to version 5.8 was approved as part of the FY22/23 SCSA Capital Expenditures budget to improve overall system performance and stability, add new features that will help in operator training and enhance utilization of software. The upgrade also provides customizable live dashboards that provide assistance in monitoring alarms and events in real-time.

Utilizing the Federal Supply Schedule GS35F0284U price list 132-34 references professional services, EyeP Solutions, Inc. provided a quotation for professional services to assist Stadium Manager with implementing the Genetec 5.8 upgrade on site at the Stadium. The total cost for professional services is $15,500 which includes the additional 10% discount off the cooperative agreement pricing.

Therefore, approval is sought to issue a Purchase Order to EyeP Solutions, Inc. to provide professional services to upgrade the Genetec security system from version 5.7 to 5.8, in the amount of $15,500. The approved budget amount is $36,750 and referenced on the FY22/23 SCSA Capital Expenditure list as Software Upgrade to Genetec 5.8.

2. Video Analytics
The acquisition of video analytics was approved as part of the FY22/23 SCSA Capital Expenditures budget. This purchase was planned to assist with video investigations.

Video investigations can take several hours to days to complete using legacy playback methods. Including video analytics will greatly decrease staff time wasted in the video review process and aid in investigations using newer technology.

KiwiVision is a video analytics resource that has integrated with Genetec and is the preferred choice for analytics due to its integration and full support through Genetec software subscription service.

4 Utilizing the Federal GSA Schedule 47QSWA18D0050 for software licenses, products and maintenance services, EyeP Solutions, Inc. provided a quotation for the purchase of software licenses for KiwiVision People Counter, Privacy Protector, and the KiwiVision Security video analytics module for various protections and detections. The specific items are referenced in the GSA Schedule as GSC-OM-1PC - Page 167, GSC-OM-1PP -

Page 168 ends

which includes the additional 10% discount off the cooperative agreement pricing.

Therefore, approval is sought to award of a one-time Purchase Order to EyeP Solutions, Inc. to provide KiwiVision software licenses in the amount of $32,896.40. The approved budget amount is $36,750 and referenced on the FY22/23 SCSA Capital Expenditure list as Video Analytics.

3. License Plate Reader (LPR) Cameras at Vehicle Entry Gates The acquisition of LPR cameras at vehicle entry gates was approved as part of the FY22/23 SCSA Capital Expenditure budget. This project was initiated to enhance Stadium safety and security by adding six LPR cameras on entry/exit lanes of vehicle gates to document and track vehicles entering and exiting the Stadium. These LPR cameras provide additional visibility of all parties entering and exiting the Stadium.

Utilizing the Federal GSA Schedule 47QSWA18D0050 for software licenses, products and maintenance services, EyeP Solutions, Inc. provided a quotation for the purchase of

5 White AutoVu SharpV LPR camera kits, Genetec software licenses and subscription service, and remote deployment services. The specific items are referenced in the GSA Schedule as AU-K-V-WS850-LC - Page 132, GSC-AV-S - Page 164, and ADV-LPR-F-1M – Page 74. The total cost for this purchase is $41,662.32 inclusive of freight and applicable sales tax. This amount includes a 10% discount off the cooperative agreement pricing.

Therefore, approval is sought to award of a one-time Purchase Order to EyeP Solutions, Inc. to provide the White AutoVu SharpV camera kits, related Genetec software license subscriptions and remote deployment services, in the amount of $41,662.32. The approved budget amount is $47,250 and referenced on the FY22/23 SCSA Capital Expenditure list as License Plate Reader (LPR) Cameras at Vehicle Entry Gates.

4. Additional Genetec Software License Subscription
Levi’s Stadium has a need to procure additional Genetec Federated Security Center licenses for the mobile CCTV trailers and Genetec Omnicast camera licenses. The CCTV trailer camera operates on its own individual Genetec system.

Utilizing the Federal GSA Schedule 47QSWA18D0050 for software licenses, products and maintenance services, EyeP Solutions, Inc. provided a quotation for the purchase of the Genetec Federated software licenses and Genetec camera licenses. The specific items are referenced in the GSA Schedule GSC-1SCFED-20 - Page 146 and GSC-OM-E-1C

Page 168 ends

discount off the cooperative agreement pricing.

6 Therefore, approval is sought to award a one-time Purchase Order to EyeP Solutions, Inc. to provide Genetec Federated Security Center and Omnicast Camera software license subscriptions, in the amount of $2,745.74.

The cost for this purchase is covered in the FY22/23 SCSA Budget, Security Department, as a shared expense.

Next Steps
Once Stadium Manager receives approval from the SCSA Board, Purchase Orders will be issued to EyeP Solutions, Inc. and executed copies forwarded to the Board.

Supporting documentation for all four recommendations are provided for review and approval.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-928 Agenda Date: 7/12/2022

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Purchase Orders to EyeP Solutions, Inc. for Software Upgrade to Genetec 5.8 CapEx Project, Video Analytics CapEx Project, License Plate Reader Cameras at Vehicle Entry Gates CapEx Project, and Additional Software License Subscriptions

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

The Stadium Manager is requesting the following:

3. Approval to award a one-time purchase order to EyeP Solutions, Inc. to provide camera kits, related Genetec software license subscriptions, and remote deployment services in the amount of $41,662. This project is included in the Stadium Authority FY 2022/23 CapEx City of Santa Clara Page 1 of 3 Printed on 7/8/2022
powered by Legistar™
22-928 Agenda Date: 7/12/2022
Budget under the License Plate Reader Cameras at Vehicle Entry Gates line item which is budgeted for $47,250.

4. Approval to award a one-time purchase order to EyeP Solutions, Inc. to provide Genetec Federated and Omnicast Camera software license subscriptions in the amount of $2,746.

These costs are classified in the Stadium Authority Fiscal Year FY 2022/23 Shared Stadium Manager Expenses as Non-Compensation Expenses for the Security Department. These expenses are under Legal Contingency in the FY 2022/23 Budget.

DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo, supporting documentation, and proposed purchase orders that were submitted (the memo is attached to corresponding report #22-927) for consistency against the Stadium Authority Procurement Policy and Santa Clara City Code Chapter (SCCC) 2.105.290 (Informal Bidding). The Stadium Manager is utilizing cooperative agreements for the three CapEx projects and additional software license subscriptions as allowed for under SCCC Chapter 2.105.290(b)(3).

Based on the documentation provided, staff recommends approval of the Stadium Manager’s request to award four purchase orders to EyeP Solutions, Inc. for the services and software licenses described in this report. The Stadium Authority will require full supporting documentation before releasing public funds upon completion of work. This requirement is consistent with the Stadium Authority Board’s March 27, 2019 direction to staff to stop payment of any additional invoices for services unless there is substantial documentation of services rendered which must also be in compliance with State law and City Code.

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

FISCAL IMPACT
The Stadium Authority FY 2022/23 CapEx Budget includes $36,750 for the Software Upgrade to Genetec 5.8 line item. There are sufficient funds to cover the cost of the Genetec security system upgrade ($15,500).

The Stadium Authority FY 2022/23 CapEx Budget includes $36,750 for the Video Analytics line item.

There are sufficient funds to cover the cost of the KiwiVision software licenses ($32,896).

The Stadium Authority FY 2022/23 CapEx Budget includes $47,250 for the License Plate Reader Cameras at Vehicle Entry Gates line item. There are sufficient funds to cover the cost of the camera kits, related Genetec software license subscriptions, and remote deployment services ($41,662).

The Stadium Authority FY 2022/23 Budget contains a Legal Contingency for Shared Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. As part of its March 15, 2022 approval of the FY 2022/23 Budget, the Stadium Authority Board delegated budget amendment authority to the Office of the Executive Director and Treasurer for Shared Expenses from the Legal Contingency. Shared Expenses are split between the Stadium Authority and Forty Niners City of Santa Clara Page 2 of 3 Printed on 7/8/2022
powered by Legistar™
22-928 Agenda Date: 7/12/2022
SC Stadium Company LLC per the Management Agreement.

There are sufficient funds in the Stadium Authority FY 2022/23 Legal Contingency, Security line item to cover the Stadium Authority’s portion of the Genetec Federated and Omnicast Camera software license subscriptions ($1,373). The Executive Director will approve a budget amendment to reallocate funds from Legal Contingency to Shared Stadium Manager Expenses for the costs described in this report upon the Board’s approval of staff’s recommendations and after the review of adequate documentation for costs.

COORDINATION
This report has been coordinated with the City’s Purchasing Manager and the Stadium Authority Counsel and Treasurer’s Offices.

RECOMMENDATION

1. Approve the Stadium Manager’s request to award a one-time purchase order to EyeP Solutions, Inc. in the amount of $15,500 to provide professional services to upgrade the Genetec security system (Software Upgrade to Genetec 5.8 CapEx Project); and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;

2. Approve the Stadium Manager’s request to award a one-time purchase order to EyeP Solutions, Inc. in the amount of $32,896 to provide KiwiVision software licenses to assist with video investigations (Video Analytics CapEx Project); and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager;

3. Approve the Stadium Manager’s request to award a one-time purchase order to EyeP Solutions, Inc. in the amount of $41,662 to provide camera kits, related Genetec software license subscriptions, and remote deployment services (License Plate Reader Cameras at Vehicle Entry Gates CapEx Project); and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager; and

4. Approve the Stadium Manager’s request to award a one-time purchase order to EyeP Solutions, Inc. in the amount of $2,746 to provide Genetec Federated and Omnicast Camera software license subscriptions; and authorize the Executive Director to approve and process the reimbursement of such costs upon receiving final invoices and supporting documentation from the Stadium Manager.

REPORT TO COUNCIL

SUBJECT
Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 1040 Di Giulio Avenue, Santa Clara, California, from John P. Anderson, as Trustee of the John P.

Anderson Revocable Living Trust, Dated September 11, 1984

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), is proposing to construct approximately 0.6 miles of new single circuit 60 kilovolt (kV) overhead transmission line within the eastern area of the City of Santa Clara. One of the objectives of the Memorex Junction Transmission Line Extension Project (“Project”) is to provide service to the new Memorex Junction Substation to be constructed as a part of the 1200 Memorex Development and potential other datacenter or industrial developments within the vicinity.

Upon completion, the transmission line will provide service to the Memorex Junction Substation which is to be constructed as a part of the 1200 Memorex Development. Four other potential developments have expressed interest in the area and would be eligible to connect to the new transmission line. Future 60kV service connections to this facility will be evaluated in accordance with Silicon Valley Power’s Rules and Regulations, SVP Standard Document SD 5040, standard comments produced by SVP during Project Clearance Committee reviews, City Code, and Specific Development agreements.

The new 60kV transmission line would be constructed along or crossing the following city streets:

Lafayette Street, Shulman Avenue, Memorex Drive, Ronald Street and Di Giulio Avenue.

The City Council has previously taken a number of actions on the Project:
· April 14, 2021 - Approved a Funding Agreement with 1220 Santa Clara PropCo, LLC, Relating to City Predesign Engineering Activities for the Memorex Junction Substation Project and Related Budget Amendment
· November 9, 2021 - Action on the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring or Reporting Program; and Architectural Approval of a Data Center Project located at 1200-1310 Memorex Drive · March 22, 2022 - Delegated Authority to the Office of the City Manager to negotiate and execute the substation agreement for Silicon Valley Power with 1220 Santa Clara Propco, LLC for Memorex Junction Substation
City of Santa Clara Page 1 of 3 Printed on 7/8/2022
powered by Legistar™
22-735 Agenda Date: 7/12/2022
Other actions taken for this Project include a November 1, 2021, community meeting to present and take comments from the community on the transmission line route.

The Project requires the acquisition of eight (8) parcel easements to facilitate construction of new monopole steel structures and results in the acquisition of new easements for electrical facilities.

DISCUSSION
The adoption of the attached Resolution of Necessity requires the City to consider and make the following findings:
· The public interest and necessity require the Project. · The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
· The property sought to be acquired is necessary for the Project. · The offer required by Section 7267.2 of the Government Code has been made to the Owner of record for the full amount established as the fair market value of the property.

The public interest and necessity require the Project.

This Project will support and facilitate development in the service area The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.

SVP identified a study area that considered criteria necessary to meet the Project objectives, e.g., service locations, capacity for a looped route etc. SVP’s saff engineers and design consultants looked for route alternatives, focusing on locations that paralleled existing roads and/or existing overhead utilities. In places where SVP could not use its existing overhead facilities staff considered route alternatives including potential underground routes, looking at their potential impacts to the environment, existing and probable future development, the topography/terrain, roadway access, and aesthetics, among other factors. Weighing the above considerations with the technical needs for the project, the final transmission route was determined.

The property sought to be acquired is necessary for the Project.

The Electric Overhead Easement on 1040 Di Giulio Avenue is necessary to achieve the technical needs of the Project.

The offer required by Section 7267.2 of the Government Code has been made to the Owner of record for the full amount established as the fair market value of the property.

On December 14, 2021, the City made an offer to John P. Anderson, Trustee to acquire the Electric Overhead Easement upon the value determined by an independent state licensed and certified appraiser in accordance with the above-referenced Government Code.

The Resolution of Necessity requires approval by a two-thirds vote of the Council. If the Council City of Santa Clara Page 2 of 3 Printed on 7/8/2022
powered by Legistar™
22-735 Agenda Date: 7/12/2022
adopts the recommended Resolution of Necessity, the City shall deposit the necessary funds for the Easement’s probable compensation with the State Condemnation Deposit Fund and file an eminent domain complaint with the Court to seek possession of the property.

As always, the parties can continue to negotiate in an effort to come to a mutual agreement on compensation for the easement (including any compensation due for furniture, fixtures, and equipment) and loss of business goodwill.

ENVIRONMENTAL REVIEW
The potential impacts to the Project were evaluated the Final Environmental Impact Report for the Memorex Data Center Project, which was adopted by Council on November 9, 2021, by Resolution No. 21-9017.

FISCAL IMPACT
The Memorex Junction Transmission Line Extension cost will be completely covered per the executed the substation agreement with 1220 Santa Clara Propco, LLC. This action has no fiscal impact to the General Fund as the Project is fully funded by developer contributions.

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

ALTERNATIVES

1. Adopt a Resolution of Necessity to acquire certain real property interests.

2. Do not adopt a Resolution of Necessity.

RECOMMENDATION
Alternative 1: Adopt a Resolution of Necessity to acquire certain real property interests on 1040 Di Giulio Avenue, Santa Clara, California, from John P. Anderson. (Five affirmative votes required [California Code of Civil Procedure section 1245.245]).

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

ATTACHMENTS

1. December 14, 2021, Offer Letter

2. Resolution of Necessity
City of Santa Clara Page 3 of 3 Printed on 7/8/2022
powered by Legistar™

12/14/2021
Jon P. Anderson, Trustee
18951 Bear Creek Rd.

Los Gatos, CA 95033
SUBJECT: OFFER TO PURCHASE OVERHEAD ELECTRIC EASEMENT
SITE: 1040 Di Giulio Ave.Santa Clara, CA APN: 224-05-093 Memorex Loop Project
Dear Mr. Anderson:

The City of Santa Clara, acting by and through its municipally owned utility, Silicon Valley Power (SVP) is currently pursuing acquisition of power line easements for the Memorex Loop Project (“Project”). The power lines that are proposed to be built for the project requires the acquisition of property rights affecting approximately 1,500 square feet over a portion of your property located at 1040 Di Giulio Ave., Santa Clara, CA (“Property”).

SVP’s primary objective of the Memorex Loop Project is to increase system capacity and reliability. The majority of the new 60 kilo-volt (kV) transmission line would be constructed along Shulman Avenue, Memorex Drive, Ronald Street, Di Giulio Avenue and Lafayette Street.

The project is anticipated to be completed in 2023.

SVP designs its transmission system so that a loss of a single transmission line does not result in the loss of power for its customers. This design philosophy ensures the maximum reliability for its customers. As the power demands of the City grow, so does the necessity to construct infrastructure upgrades, such as this project, to continue to maintain this level of service reliability and increase the power capacity to support load growth and development. SVP is proactive about addressing future reliability issues and committed to providing the best service reliability for its customers.

Our title information shows Jon P. Anderson, as Trustee of the Jon P. Anderson Revocable Living Trust, dated September 11, 1984 to be the owner of the property located at 1040 Di Giulio Ave., Santa Clara, CA. This property is within the Project area, and is also identified by the County Assessor as Parcel No. 224-05-093.

Subject to, and upon the terms and conditions set forth herein, SVP offers to purchase an easement over your property, as defined in the Easement Deed attached hereto. SVP hereby

offers the sum of Thirty One Thousand Nine Hundred Dollars ($31,900) as just compensation for the acquisition of the easement.

It is the policy of SVP to acquire property interests that are in private interests through voluntary purchase, if possible, and only when it is necessary to do so. In accordance with applicable law, SVP has obtained, reviewed and approved an appraisal to establish the fair market value of the property to be acquired. The attached Appraisal Summary outlines the basis for this offer pursuant to Government Code §7267.2.

Pursuant to Code of Civil Procedure §1263.025, SVP offers to pay your reasonable costs up to five thousand dollars ($5,000) for an independent appraisal of the property interests. By law, an appraiser licensed by the Office of Real Estate Appraisers must prepare the independent appraisal. Although you are not required to obtain an appraisal at this time, or at all, if you believe such appraisal can assist you in evaluating this offer, it is in your interest to obtain an independent appraisal as expeditiously as possible. If you choose to obtain an appraisal, please forward SVP an invoice from your appraiser, identifying the Property at 1040 Di Giulio Ave., Santa Clara, CA is the subject of the appraisal and the fee charged.

Materials enclosed for your information include:
• An Easement with Exhibit showing the location of the acquisition area(s); • The Appraisal Summary for your easement area.

The agent assigned to your property and to whom you will be working with is John Timmins who can be reached at (801) 244-3707 or by email at [email protected]. Please contact him if you have any questions or if you wish further clarification of this offer.

If you are agreeable to the purchase amount of this offer, please indicate your acceptance by signing in the space provided below and return an original signed copy of this letter to Mr.

Timmins using the postage paid return envelope, which is enclosed, for your use. Upon receipt of your acceptance of this purchase offer amount, a contract for sale (Purchase and Sale Agreement) and escrow instructions will be prepared for your execution. SVP will pay all of the conveyance and escrow costs. All taxes and assessments, if any, will be pro-rated, and possession will be delivered to SVP at the close of escrow.

Sincerely,
Manuel Pineda P.E.

Assistant City Manager / Chief Electric Utility Officer

Enclosures:

SVP Easement with Exhibit
Appraisal Summary
Postage paid return envelope

ACCEPTANCE OF OFFER
This offer, dated 12/14/2021 from the City of Santa Clara acting by and through its municipally owned utility, Silicon Valley Power, for $31,900 is accepted as the purchase amount for the acquisition of the aforementioned Overhead Electric Easement. By signing below, I am also affirming that I am authorized to accept this offer.

Owner’s Name
By:

Name:

Title:

Date:

SCLA-58267\2642688.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY

REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY

INTERESTS FOR A PUBLIC PROJECT AND DIRECTING THE

FILING OF EMINENT DOMAIN PROCEEDINGS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara, a chartered city and municipal corporation acting by and through its municipally owned utility, Silicon Valley Power (hereinafter the “City”) plans to construct approximately 0.6 miles of new single circuit 60 kilovolt overhead transmission line within the eastern area of the City of Santa Clara as an element of the Memorex Junction Transmission Line Extension Project (“Project”). The Project will provide service to the new Memorex Junction Substation to be constructed as part of the 1200 Memorex Development and other potential data center or other developments within the vicinity; and WHEREAS, the Project will involve the placement of multiple new monopole steel structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements; and
WHEREAS, it is desirable and necessary for the City to acquire certain real property interests Overhead Electric Utility Easement necessary for the Project, as depicted in Exhibit A; and WHEREAS, the City is vested with the power of eminent domain to acquire real property by virtue of Article I, Section 19 of the Constitution of the State of California, Sections 37350.5 of the California Government Code, Section 612 of the California Public Utilities Code and Sections 1240.010 and 1240.220 of the California Code of Civil Procedure; and WHEREAS, pursuant to the provisions of Section 1245.235 of the California Code of Civil Procedure, notice has been duly given to John P. Anderson, as Trustee of the John P. Anderson Revocable Living Trust, Dated September 11, 1984, whose property interests are to be acquired by eminent domain and whose name and address appears on the Santa Clara County Equalized Assessment Roll, and the property owner has been given a reasonable opportunity to appear SCLA-58267\2642688.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 2 of 3 Rev: 11/22/17
and be heard before the City Council; and
WHEREAS, the potential impacts of the Project were evaluated in the Final Environmental Impact Report for the Memorex Data Center Project, which was adopted by the Council on November 9,2021 by Resolution No. 21-9017. No further environmental review is necessary pursuant to CEQA; and
WHEREAS, pursuant to the provisions of Section 7267.2 of the California Government Code, the City has made an offer to the owner(s) of record to acquire its interests for the amount which it has established to be just compensation, therefore.

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

1. That the public interest and necessity require the Project.

2. That the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. That the property sought to be acquired is necessary for the Project.

4. That all environmental review required by law has been prepared and adopted.

5. That the offer required by Section 7267.2 of the California Government Code has been made to the owner(s) of record of the Subject Property Interests.

6. That the City Attorney or his duly authorized designee is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such actions as he may deem advisable or necessary in connection therewith.

7. That the City may deposit with the State Treasury the probable amount of compensation and obtain an order for prejudgment possession of the Subject Property Interests. ///
///
///
SCLA-58267\2642688.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 3 of 3 Rev: 11/22/17

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Exhibit A – Overhead Electric Utility Easement

2. Exhibit B – Exhibit A Description
SCLA-58267\2642688.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 4 of 6 Rev: 11/22/17

EXHIBIT A
SCLA
-58267\2642688.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 5 of 6 Rev: 11/22/17
SCLA-58267\2642688.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 6 of 6 Rev: 11/22/17

EXHIBIT B
Exhibit A Description
[i] a 1,500 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit “A” and incorporated herein by this reference (“Easement Area”) for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner’s property.

The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.

Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder’s use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder’s express written consent and only after easement holder’s review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder’s reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder’s facilities or equipment located within the Easement.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-737 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Public Hearing: Action on a Resolution of Necessity to Acquire Certain Real Property Interests on 2265 Lafayette Street, Santa Clara, California, from SEW LLC

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

Upon completion, the transmission line will provide service to the Memorex Junction Substation which is to be constructed as a part of the 1200 Memorex Development. Four other potential developments have expressed interest in the area and would be eligible to connect to the new transmission line. Future 60kV service connections to this facility will be evaluated in accordance with Silicon Valley Power’s Rules and Regulations, SVP Standard Document SD 5040, standard comments produced by SVP during the Project Clearance Committee reviews, City Code, and Specific Development agreements.

The new 60 kV transmission line would be constructed along or crossing the following city streets:

Lafayette Street, Shulman Ave, Memorex Drive, Ronald St and Di Giulio Ave.

The City Council has previously taken a number of actions on the project:
· April 14, 2021 - Approved a Funding Agreement with 1220 Santa Clara PropCo, LLC, Relating to City Predesign Engineering Activities for the Memorex Junction Substation Project and Related Budget Amendment
· November 9, 2021 - Action on the Adoption and Certification of an Environmental Impact Report; Adoption of a Mitigation Monitoring or Reporting Program; and Architectural Approval of a Data Center project located at 1200-1310 Memorex Drive · March 22, 2022 - Delegated Authority to the Office of the City Manager to negotiate and execute the substation agreement for Silicon Valley Power with 1220 Santa Clara Propco, LLC for Memorex Junction Substation
City of Santa Clara Page 1 of 3 Printed on 7/8/2022
powered by Legistar™
22-737 Agenda Date: 7/12/2022
Other actions taken for this project include a November 1, 2021, community meeting to present and take comments from the community on the transmission line route.

The public interest and necessity require the Project.

This project will Support and facilitate development in the service area The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.

SVP identified a study area that considered criteria necessary to meet the Project objectives e.g. services location, capacity for a looped route etc. SVP’s Staff engineers and design consultants looked for route alternatives, focusing on locations that paralleled existing roads and/or existing overhead utilities. In places where SVP could not use its existing overhead facilities staff considered route alternatives including potential underground routes, looking at their potential impacts to the environment, existing and probable future development, the topography/terrain, roadway access, and aesthetics, among other factors. Weighing the above considerations with the technical needs for the project, the final transmission route was determined.

The property sought to be acquired is necessary for the Project.

The Electric Overhead Easement on 2265 Lafayette Street is necessary to achieve the technical needs of the project.

The offer required by Section 7267.2 of the Government Code has been made to the Owner of record for the full amount established as the fair market value of the property.

On December 14, 2021, the City made an offer to SEW, LLC to acquire the Electric Overhead Easement upon the value determined by an independent state licensed and certified appraiser in accordance with the above referenced Government Code.

The Resolution of Necessity requires approval by a two-thirds vote of the Council. If the Council adopts the recommended Resolution of Necessity, the City would deposit the necessary funds for the City of Santa Clara Page 2 of 3 Printed on 7/8/2022
powered by Legistar™
22-737 Agenda Date: 7/12/2022
Easement’s probable compensation with the State Condemnation Deposit Fund and file an eminent domain complaint with the Court to seek possession of the property.

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

ALTERNATIVES

1. Adopt a Resolution of Necessity to Acquire Certain Real Property Interests.

2. Do not adopt a Resolution of Necessity.

RECOMMENDATION
Alternative 1: Adopt a Resolution of Necessity to Acquire Certain Real Property Interests on 2265 Lafayette Street, Santa Clara, California, from SEW, LLC. (Five affirmative votes required [California Code of Civil Procedure section 1245.245]).

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

ATTACHMENTS

1. December 14, 2021 Offer Letter

2. Resolution of Necessity
City of Santa Clara Page 3 of 3 Printed on 7/8/2022
powered by Legistar™

12/14/2021

SEW, LLC
Steve Wilkinson
2156 O'Toole Ave. Suite L
San Jose, CA 95131
SUBJECT: OFFER TO PURCHASE OVERHEAD ELECTRIC EASEMENT
SITE: 2265 Lafayette St.Santa Clara, CA APN: 224-03-080 Memorex Loop Project
Dear Mr. Wilkinson:

The City of Santa Clara, acting by and through its municipally owned utility, Silicon Valley Power (SVP) is currently pursuing acquisition of power line easements for the Memorex Loop Project (“Project”). The power lines that are proposed to be built for the project requires the acquisition of property rights affecting approximately 1,200 square feet over a portion of your property located at 2265 Lafayette St., Santa Clara, CA (“Property”).

The project is anticipated to be completed in 2023.

Our title information shows SEW, LLC, a California limited liability company to be the owner of the property located at 2265 Lafayette St., Santa Clara, CA. This property is within the Project area, and is also identified by the County Assessor as Parcel No. 224-03-080.

Subject to, and upon the terms and conditions set forth herein, SVP offers to purchase an easement over your property, as defined in the Easement Deed attached hereto. SVP hereby offers the sum of Twenty Five Thousand Five Hundred Dollars ($25,500) as just compensation for the acquisition of the easement.

Pursuant to Code of Civil Procedure §1263.025, SVP offers to pay your reasonable costs up to five thousand dollars ($5,000) for an independent appraisal of the property interests. By law, an appraiser licensed by the Office of Real Estate Appraisers must prepare the independent appraisal. Although you are not required to obtain an appraisal at this time, or at all, if you believe such appraisal can assist you in evaluating this offer, it is in your interest to obtain an independent appraisal as expeditiously as possible. If you choose to obtain an appraisal, please forward SVP an invoice from your appraiser, identifying the Property at 2265 Lafayette St., Santa Clara, CA is the subject of the appraisal and the fee charged.

Materials enclosed for your information include:
• An Easement with Exhibit showing the location of the acquisition area(s); • The Appraisal Summary for your easement area.

If you are agreeable to the purchase amount of this offer, please indicate your acceptance by signing in the space provided below and return an original signed copy of this letter to Mr.

Sincerely,
Manuel Pineda P.E.

Assistant City Manager / Chief Electric Utility Officer

Enclosures:

SVP Easement with Exhibit
Appraisal Summary
Postage paid return envelope

ACCEPTANCE OF OFFER
This offer, dated 12/14/2021 from the City of Santa Clara acting by and through its municipally owned utility, Silicon Valley Power, for $25,500 is accepted as the purchase amount for the acquisition of the aforementioned Overhead Electric Easement. By signing below, I am also affirming that I am authorized to accept this offer.

Owner’s Name
By:

Name:

Title:

Date:

SCLA-58267\2642687.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 1 of 6 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY

REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY

INTERESTS FOR A PUBLIC PROJECT AND DIRECTING THE

FILING OF EMINENT DOMAIN PROCEEDINGS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara, a chartered city and municipal corporation, acting by and through its municipally owned utility, Silicon Valley Power (hereinafter the “City”), plans to construct approximately 0.6 miles of new single circuit 60 kilovolt overhead transmission line within the eastern area of the City of Santa Clara as an element of the Memorex Junction Transmission Line Extension Project (“Project”). The Project will provide service to the new Memorex Junction Substation to be constructed as part of the 1200 Memorex Development and other potential data center or other developments within the vicinity; and WHEREAS, the Project will involve the placement of multiple new monopole steel structures and result in either the expansion of existing electric overhead and wire clearance easements or the acquisition of new easements; and
WHEREAS, it is desirable and necessary for the City to acquire certain real property interests Overhead Electric Utility Easement necessary for the Project, as depicted in Exhibit A; and WHEREAS, the City is vested with the power of eminent domain to acquire real property by virtue of Article I, Section 19 of the Constitution of the State of California, Sections 37350.5 of the California Government Code, Section 612 of the California Public Utilities Code and Sections 1240.010 and 1240.220 of the California Code of Civil Procedure; and WHEREAS, pursuant to the provisions of Section 1245.235 of the California Code of Civil Procedure, notice has been duly given to SEW, LLC, a California limited liability company, whose property interests are to be acquired by eminent domain and whose name and address appears on the Santa Clara County Equalized Assessment Roll, and the property owner has been given a reasonable opportunity to appear and be heard before the City Council; and SCLA-58267\2642687.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 2 of 6 Rev: 11/22/17
WHEREAS, the potential impacts of the Project were evaluated in the Final Environmental Impact Report for the Memorex Data Center Project, which was adopted by the Council on November 9, 2021, by Resolution No. 21-9017. No further environmental review is necessary pursuant to CEQA; and
WHEREAS, pursuant to the provisions of Section 7267.2 of the California Government Code, the City has made an offer to the owner(s) of record to acquire its interests for the amount which it has established to be just compensation, therefore.

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

1. That the public interest and necessity require the Project.

2. That the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. That the property sought to be acquired is necessary for the Project.

4. That all environmental review required by law has been prepared and adopted.

5. That the offer required by Section 7267.2 of the California Government Code has been made to the owner(s) of record of the Subject Property Interests.

6. That the City Attorney or his duly authorized designee is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such actions as may be deemed advisable or necessary in connection therewith.

7. That the City may deposit with the State Treasury the probable amount of compensation and obtain an order for prejudgment possession of the Subject Property Interests. ///
///
///
///
SCLA-58267\2642687.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 3 of 6 Rev: 11/22/17

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Exhibit A – Overhead Electric Utility Easement

2. Exhibit B – Exhibit A Description
SCLA-58267\2642687.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 4 of 6 Rev: 11/22/17

EXHIBIT A
S
CLA-58267\2642687.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 5 of 6 Rev: 11/22/17
SCLA-58267\2642687.1
Resolution of Necessity/PSB Northern California Industrial Portfolio LLC Page 6 of 6 Rev: 11/22/17

EXHIBIT B
Exhibit A Description
[i] a 1,200 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit “A” and incorporated herein by this reference (“Easement Area”) for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner’s property.

Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder’s facilities or equipment located within the Easement.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-938 Agenda Date: 7/12/2022

REPORT TO COUNCIL

SUBJECT
Action on Proposed Amendment No. 1 to Lozano Smith LLP Legal Services Agreement for Interim City Attorney Services to Increase Maximum Compensation to $900,000, and to Modify Section 8 Billing Standards as well as Exhibit B

RECOMMENDATION
Staff makes no recommendation.

ATTACHMENT

1. Proposed Amendment No. 1 to Lozano Smith LLP Legal Services Agreement for Interim City Attorney Services

2. 2022-04-06 City of Santa Clara Legal Services Agreement with Lozano Smith LLP City of Santa Clara Page 1 of 1 Printed on 7/8/2022
powered by Legistar™

FIRST AMENDMENT TO

LEGAL SERVICES AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA
AND

LOZANO SMITH, LLP

RECITALS
On April 5, 2022, City entered into a Legal Services Agreement with Lozano Smith, a California Limited Liability Partnership (LLP).

A. City desires to secure legal services more fully described in the Agreement, at Exhibit A, entitled "Scope of Services;"
B. The Parties desire to modify the Agreement regarding compensation.

The Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 8 is amended as follows:
8 BILLING STANDARDS
Firm shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by a majority of the City Council, and/or required under the terms of this Agreement.

Firm agrees it will not bill for time which is not specifically devoted to said task(s). Firm may bill for lodging for Senior Counsel Jim Sanchez up to four nights per month. Firm shall not bill for secretarial or clerical tasks. The billing format utilized to provide bills shall be set forth in detailed format which readily permits review by City retained auditors.

2. EXHIBIT B - Fee Schedule is amended as set forth in the attached.

3. Except as expressly amended herein, the Agreement remains in full force and effect.

SIGNATURES TO FOLLOW
289392.1

CITY OF SANTA CLARA, CALIFORNIA
A Chartered California Municipal Corporation
Dated:

Dated: ----------

MAYOR LISA GILLMOR
"City"

LOZANO SMITH LLP
----"'-.....,,__,,~"'-"'-'==--------,-.::::::.....C+------------- B y: .=_J'----1--(.A,!!:~_L_.!.....J____.:_~~~~ ~ ..L--------- Name, Title:

Principal Place of
Business: 2001 N. Main St. #500 Walnut Creek CA, 94596
Telephone/Fax: 925 953-1620 ---------------------
Em ail: [email protected]
"Firm"
APPROVED AS TO FORM:
289392.1
Dated: --------------------
By: -------------------- Name, Title: Jenica Maldonado, Of Counsel Principal Place
of Business: Renne Public Law Group
Telephone/Fax: (415) 848-7200
Email: [email protected]

EXHIBITB

BILLABLE RATES
Firm shall bill its time by the hour at the hourly billable rate assigned to each attorney. Firm shall bill City for its services at its current hourly rates, which are as follows:

Partners / Senior Counsel I Of Counsel
Associate
Paralegal / Law Clerk
Consultant
$300/hour
$275/hour
$195/hour
$195/hour
The following attorneys and staff members are authorized to bill regarding this engagement.

Only attorneys expressly identified herein are authorized to bill regarding this engagement. Firm may seek permission from City to authorize additional billers in accordance with Section 5 of the Agreement:

James (Jim) Sanchez, Senior Counsel
Steve Ngo, Partner
Rebecca Spodick, Associate
Constantine Baranoff, Senior Counsel
Crystal Pizano, Associate
Claire Change, Associate
Andrew Fausto, Associate
Laurie Avedisian-Favini, Senior Counsel
Arne Sandberg, Partner
Stephanie Arwick, Paralegal
Michael Dunne, Paralegal
The hourly rates specified in this Exhibit B apply throughout the term of this Agreement.

Firm will be reimbursed for out-of-pocket costs and expenses actually incurred by Firm in the above-described representation of City, with the exception of fees specifically excluded herein.

Reimbursable out-of-pocket expenses shall be pre-approved by City Council and may include, but are not limited to third pmiy reproduction and printing costs, postage, filing fees, transcript costs, and notary fees, to the extent that any such costs are incurred on behalf of City.

With respect to reimbursement of travel-related expenses, the City shall provide monthly car allowances for Attorneys Jim Sanchez and Steve Ngo, respectively, in an amount not to exceed B-1
289392.1
$500 per attorney. No other attorneys or staff of Firm are eligible to receive car allowance or to receive reimbursement from the City for travel-related expenses. Except as noted in Section 8 of the Agreement (including lodging for Mr. Sanchez up to four times per month to facilitate working in person for the City), the City will not reimburse the cost of air travel, per diem, or any other travel-related expenses incurred by any attorney of Firm attendant to the Firm's representation of City for this engagement.

In no event shall the maximum amount of fees plus costs exceed the maximum not to exceed contract amount listed below.

B-2
289392.1
Maximum Not to Exceed Contract Amount
Firm was originally provided a Three Hundred Thousand Dollars and Zero Cents ($300,000) maximum contract amount in the Agreement. In no event shall the total amount paid to the Firm for services, including all fees, costs and/or expenses, under this Amendment exceed an additional Six Hundred Thousand Dollars and Zero Cents ($600,000.00) subject to budgetary appropriations. Fmiher authorization beyond this amount must be approved by City Council and memorialized as a written amendment to this Agreement.

B-3
289392.1

EXHIBITB

BILLING STANDARDS
A. All cases shall be billed monthly pursuant to paragraph 7 of this Agreement, and shall comport with State and ABA billing standards.

B. The fee portion of each invoice shall include the attorney's name ( or initials, if full name is noted elsewhere on invoice), amount, date work was performed, the amount of time expended, rate per hour, and a brief description of the services rendered as a basis for fee calculation, or other method of determining the fees. All tasks set forth in Firm's billing documentation shall be specific and detailed. Examples of unacceptable billing entries include but are not limited to: overly generalized listings of task descriptions (e.g., "review contract" or "prepare for negotiations"); double staff or attorney time on any task, unless expressly authorized by the City Council; block billing; time billed for additional newly assigned attorney(s) to learn case file; assigned work by law clerks; administrative costs; word processing charges; secretarial or clerical charges; time spent on researching and/or drafting work that Firm has done and billed another client for in the past.

C. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed.

D. The cost and expense portion of the invoice shall clearly identify the nature and amount and any other cost(s) billed to City must be separately itemized with prior written approval of the Chief Assistant City Attorney. Any expe1ts or contractors hired by Firm on behalf of City whose charges are billed through the Firm must also provide such billing itemization and such billing shall be attached to the billing provided to City by Firm. Professional fees and expenses invoiced to City shall be due and payable within thirty (30) days after receipt of Firm's statement.

E. In support of payment for such bill, Firm shall furnish payroll records, bills, invoices, receipts or other evidence of reimbursable expenses incurred as reasonably requested by the Chief Assistant City Attorney. City reserves the right to require additional substantiation of any item of claimed expense.

F. Each month's bill should include the total billable hours and expenses to date for each matter.

G. City encourages the use of paralegals for any task that can be delegated. However, similar to attorneys, no more than two paralegals (but preferably one) should work on each case.

H. Messenger and other charges in excess of actual costs are not permitted.

I. Postage charges are billable at actual cost.

J. Expert witness fees are not automatically authorized. Firm shall obtain approval for each expe1t witness from the Chief Assistant City Attorney.

K. Firm shall maintain at least the insurance coverage set forth in Exhibit C at all times.

L. Work performed on a not-to-exceed basis may not be increased without prior approval by the City Council, depending upon the amount in question.

M. If Firm is provided with a new case directly from the Chief Assistant City Attorney or City Council or if a matter arises that requires Firm to open a new file, the Chief Assistant City Attorney and City Council should be informed immediately.

N. City expects that Firm will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the Chief Assistant City Attorney immediately.

0. City's Finance Department may send a request for an auditor response letter annually.

Firm will respond to these requests timely and will provide a copy of Firm's response letter to the Chief Assistant City Attorney.

P. Firm will provide copies of all motions or briefs which are filed related to City's litigation matters handled by Firm. Unless previously requested, Firm does not need to send drafts or miscellaneous correspondence. Copies of significant pieces of correspondence should be provided to the City Council and Chief Assistant City Attorney, unless City Council directs the Firm to omit the Assistant City Attorney from such communication, in which case the correspondence would be directed to Council alone.

Q. City expects early and frequent evaluation of its litigation cases handled by Firm. If the likelihood of success on a particular case is low, City needs to know up front in order to minimize litigation costs and make reasonable attempts to settle the case.

LEGAL SERVICES AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA
AND

LOZANO SMITH, LLP

PREAMBLE
This legal services agreement ("Agreement") is made and entered by and between Lozano Smith, a California Limited Liability Partnership (LLP) comprised of attorneys licensed to practice law in the State of California ("Firm") and the City of Santa Clara, California, a chartered California municipal corporation ("City"). City and Firm may be referred to herein individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A - Scope of Services
Exhibit B Fee Schedule
Exhibit C - Billing Standards
Exhibit D - Insurance Requirements
This Agreement, including the Exhibits set f01ih above, contains all the agreements, representations, and understandings of the Patiies, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
-1-
289392.1

2. RETENTION OF FIRM
A. City hereby confirms, retains, and authorizes Firm to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Firm and not individual members of the Firm. Firm's client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity. Firm shall report to and receive direction from the City Council, Assistant City Attorney, Interim City Manager, and/or City Manager.

B. Firm shall perform such legal services for and on behalf of City under the primary direction of the City Council. Firm shall undertake, subject to the approval of Firm, such additional duties as may be authorized by City from time to time under the terms and conditions of this Agreement.

3. DESCRIPTION OF SERVICES TO BE PROVIDED
Legal services are to be provided to City by Firm as directed by the City Council. Such services may include, but are not limited to, providing advice and counsel on legal matters affecting City, performing legal research, representing City in judicial proceedings in state and/or federal court or other dispute resolution tribunals or before administrative agencies, negotiating contracts and drafting contracts, correspondence, resolutions and other legal documents as may become necessary, and any other services as necessmy and as set forth in the City Charter and City Code.

4. COMMENCEMENT OF WORK
Firm shall begin performing legal services under this Agreement effective April 6, 2022 subject to advanced approval of this Agreement by at least a majority of the City Council in a public meeting. If a majority of the City Council does not approve this Agreement in a public meeting, then the Agreement is null and void. The Firm shall complete said services within the time limits mutually determined to be acceptable by Firm and City. In the sole discretion of City, Firm services shall terminate on the later of 1) formal appointment of a permanent City Attorney by Council, or 2) a date set by the City Council to provide for a transition of duties between Firm and a permanent City Attorney not to exceed three (3) months.

5. ASSIGNMENT OF DUTIES
It is contemplated that Attorneys James (Jim) Sanchez and Steve Ngo will be assigned from Firm. They may be assisted as appropriate by people listed in Exhibit B (Fee Schedule), provided that multiple representations at meetings or other appearances shall be disallowed absent good cause. In addition, should it be desirable for any other attorney not listed in Exhibit B to work under this Agreement, such attorney may only be added with the consent of the Mayor acting on behalf of the City Council. While City expects the attorneys listed above to perform the tasks that require substantial experience, Firm shall attempt to minimize legal expenses by relying on junior attorneys, paralegals, and law clerks for less demanding or non-attorney tasks.

6. PAYMENT FOR SERVICE
In consideration for Firm's performance of legal services on behalf of City under the terms of

Page 2 of 8 ends

City Council and Authorities ConcurrentJuly 12, 2022

City Council and Authorities Concurrent
July 12, 2022