Agenda packet — City Council and Authorities Concurrent, January 31, 2023 (part 2 of 6)

line 4; Part X, line 2; Part XI, lines 2d and 4b; and Part XII, lines 2d and 4b. Also complete this part to provide any additional information.

BAA Schedule D (Form 990) 2021
TEEA3304L 08/30/21
SCHEDULE K Supplemental Information on Tax-Exempt Bonds 0MB No. 1545-0047 (Form 990) ► Complete if the organization answered 'Yes' on Form 990, Part IV, line 24a. Provide descriptions, 2021 explanations, and any additional information in Part VI. Open to Public Department of the Treasury ► Attach to Form 990.

Internal Revenue Service ► Go to www.irs.gov/Form990 for instructions and the latest information. Inspection Name of the organization CITY OF SANTA CLARA PUBLIC FACILITIES I ;m;:~e~i~e~t~i:a:on number

FINANCING CORPORATION
I Part I I Bond Issues
(a) Issuer name (b) Issuer EIN (c) CUSIP # (d) Date issued (e) Issue price (f) Description of purpose (g) (h) On (i) Pooled Defeased behalf of financing
issuer
Yes No Yes No Yes No
A CITY OF SANTA CLARA 94-6000426 801400EK4 3/28/2013 19,571,640. CENTRAL PARK LIBRARY REFUNDING X X B
C
D
I Part 11 I Proceeds

A B C D
1 Amount of bonds retired . . . . . . . . ... . . . . . . . . ..... 2 Amount of bonds legally defeased. . . . . .......... . .. 3 Total proceeds of issue. . . . . . . . . '. ......... . . . . . . . . . . . . . . .... 19,571,640. 4 Gross proceeds in reserve funds. ... . . . . . . . . ..... . ....... 703,637. 5 Capitalized interest from proceeds .. ...
6 Proceeds in refunding escrows. . . . . . . . . . . . . . . . . . .......... . .... 18,437,270. 7 Issuance costs from proceeds .. . . . . . . . . . ....... . . 430,733. 8 Credit enhancement from proceeds ..
9 Working capital expenditures from proceeds ..
10 Capital expenditures from proceeds .. ......
11 Other spent proceeds. ............. . . . . . . . . . . . . . . ..... 12 Other unspent proceeds. .. . . . . . . . . ......... . . . . . 13 Year of substantial completion. ......... . ........

Yes No Yes No Yes No Yes No
14 Were the bonds issued as part of a refunding issue of tax-exempt bonds (or, if issued prior to 2018, a current refunding issue)? .. ....... X 15 Were the bonds issued as part of a refunding issue of taxable bonds (or, if issued prior to 2018, an advance refunding issue)?. . . . . . . . . . .... . . . X 16 Has the final allocation of proceeds been made? .. .............. X 17 Does the organization maintain adequate books and records to support the final allocation of proceeds?. . . . . . . . . . ...... X
BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990. ~EEA4401 L 06/28/21 Schedule K (Form 990) 2021 Schedule K (Form 990) 2021 CITY OF SANTA CLARA PUBLIC FACILITIES 31-1611044 Page 2 I Part Ill I Private Business Use

A B C D
Yes No Yes No Yes No Yes No
1 Was the organization a partner in a partnership, or a member of an LLC, which owned property financed by tax-exempt bonds? ... . . . . . . . . . . . ...... . . . . . . . . 2 Are there any lease arrangements that may result in private business use of bond-financed property?. . . . . . . . .. - . . . . . . . . .... 3 a Are there any management or service contracts that may result in private business use of bond-financed property?. . . . . . . . . . . . . . . . .. . ............ . . . . . . . ..... b If 'Yes' to line 3a, does the organization routinely engage bond counsel or other outside counsel to review any management or service contracts relating to the financed property? . c Are there any research agreements that may result in private business use of bond-financed property?. . . . . . . . . . . . . . . . . . . . . .. d If 'Yes' to line 3c, does the organization routinely engage bond counsel or other outside counsel to review any research agreements relating to the financed property? .. . ....... 4 Enter the percentage of financed property used in a private business use by entities other than a section 501 (c)(3) organization or a state or local government. ► 9- % % 9- 0 0 5 Enter the frercentage of financed property used in a private business use as a result of unrelated rade or usiness activity carried on by your organization, another section 501 (c)(3t. organization, or a state or local government ............................................. % % % % 6 Total of lines 4 and 5 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. 9-0 % % 9-0 7 Does the bond issue meet the private security or payment test? . 8 a Has there been a sale or disposition of any of the bond-financed property to a nongovernmental person other than a 501 (c)(3) organization since the bonds were issued? .. b If 'Yes', to line Sa, enter the percentage of bond-financed property sold or disposed of .. 9- % 9- 9- 0 0 0 c If 'Yes' to line Sa, was any remedial action taken pursuant to Regulations sections

1.141-12 and 1.145-2?. . . . . . . . . . . .......
9 Has the organization established written procedures to ensure that all nonqualified bonds of the issue are remediated in accordance with the requirements under Regulations sections

1.141-12and 1.145-27. . . . . . ......... . . . . . . .

IPartlV \ Arbitrage

A B C D
Yes No Yes No Yes No Yes No
1 Has the issuer filed Form S03S-T, Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate? .. . ............. X
2 If 'No' to line 1, did the following apply?
a Rebate not due yet? . . . . . . . . . . . . . . . ............. . . . . . . X b Exception to rebate? .. . . . . ..... X
c No rebate due?. . . . . . . . . ........ X
If 'Yes' to line 2c, provide in Part VI the date the rebate computation was performed .. 3 Is the bond issue a variable rate issue?. ......... X BAA TEEA44D 1 L 06/28/21 Schedule K (Form 990) 2021
Schedule K (Form 990) 2021 CITY OF SANTA CLARA PUBLIC FACILITIES 31-1611044 Page 3 j Part IV I Arbitrage (continued)

A B C D
Yes No Yes No Yes No Yes No
4 a Has the organization or the governmental issuer entered into a qualified hedge with respect to the bond issue? .. ...... . . . . . . . . . . . ..... . ...... '. X b Name of provider. ... . . . . . . . . . . . . .. . ...... c Term of hedge ... . . . . . . . . ......... . . . . . . . . . . . . . . . . . . . . . . . . . . ........... d Was the hedge superintegrated? .. . . . . . . . . . . ...... e Was the hedge terminated? . . . . . . . . . . . . . . . . . ....... 5 a Were gross proceeds invested in a guaranteed investment contract (GIC)? .. X b Name of provider. . ......... . . . . . . . . . . ...... ' ......... c Term of GIC .. . . . . . . . . . . . . .. . .... . ... d Was the regulatory safe harbor for establishing the fair market value of the GIC satisfied?. 6 Were any gross proceeds invested beyond an available temporary period? .. X 7 Has the organization established written procedures to monitor the requirements of section 148?. . . . . ........ . .. X
I PartV I Procedures To Undertake Corrective Action
Has the organization established written procedures to ensure that violations of federal tax A B C D requirements are timely identified and corrected through the voluntary closing agreement program Yes No Yes No Yes No Yes No if self-remediation isn't available under applicable regulations?. ...... . . . . . ......... X I Part VI j Supplemental Information. Provide additional information for responses to questions on Schedule K. See instructions.

BAA TEEA440 l L 06/28/21 Schedule K (Form 990) 2021
SCHEDULE 0
(Form 990)
Department of the Treasury
Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on Form 990 or 990-EZ or to provide any additional information. ► Attach to Form 990 or Form 990-EZ. ► Go to www.irs.gov/Form990 for the latest information.

Name of the organization CITY OF SANTA CLARA PUBLIC FACILITIES

FINANCING CORPORATION
FORM 990, PART Ill, LINE 1 - ORGANIZATION MISSION
0MB No. 1545-0047
2021
Open to Public
Inspection

TO RENDER FINANCIAL ASSISTANCE TO THE CITY OF SANTA CLARA BY FINANCING, REFINANCING,

ACQUIRING, CONSTRUCTING, IMPROVING, LEASING AND SELLING OF BUILDINGS, BUILDING

IMPROVEMENTS, EQUIPMENT, AND OTHER PUBLIC IMPROVEMENTS, LANDS, AND ANY OTHER REAL OR

PERSONAL PROPERTY FOR THE BENEFIT OF RESIDENTS OF THE CITY OF SANTA CLARA CALIFORNIA.

FORM 990, PART VI, LINE 11 B - FORM 990 REVIEW PROCESS
THE CITY OF SANTA CLARA PUBLIC FACILITIES FINANCING CORPORATION HAS ITS FORM 990 PREPARED BY AN OUTSIDE TAX PREPARER BASED ON INFORMATION PROVIDED BY THE CITY. THE FOLLOWING PROCESS OCCURS PRIOR TO THE FORM 990 FILING:

WHEN THE FORM 990 IS PREPARED, IT IS REVIEWED BY MANAGEMENT AND IS PRESENTED TO MEMBERS OF THE GOVERNING BODY PRIOR TO ITS SUBMISSION. THE GOVERNING BODY IS PROVIDED WITH AT LEAST 3 DAYS TO REVIEW THE PREPARED FORM 990 AND PROVIDE THEIR COMMENTS TO MANAGEMENT. THE FORM 990 IS THEN PRESENTED FOR ACCEPTANCE AT A SPECIAL CITY OF SANTA CLARA PUBLIC FACILITIES FINANCING CORPORATION BOARD MEETING.

FORM 990, PART VI, LINE 19- OTHER ORGANIZATION DOCUMENTS PUBLICLY AVAILABLE ALL FORMAL DOCUMENTS ARE MADE AVAILABLE TO THE PUBLIC ON REQUEST.

BAA For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ. TEEA490 l L 08/l 0/21 Schedule O (Form 990) 2027 2021 GENERAL INFORMATION PAGE 1

CITY OF SANT A CLARA PUBLIC FACILITIES
FINANCING CORPORATION 31-1611044

FORMS NEEDED FOR THIS RETURN
FEDERAL: 990, SCH D, SCH K, SCH 0
CALIFORNIA: 199, 8453-EO, E-FILE INSTRUCTIONS
CARRYOVERS TO 2022
NONE
059
Date Accepted DO NOT MAIL THIS FORM TO THE FTB
TAXABLE YEAR California e-file Return Authorization for FORM 2021 Exempt Organizations 8453-EO
Exempt Organization name Identifying number
Part I Electronic Return Information (whole dollars only) 1 Total gross receipts (Form 199, line 4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Total gross income (Form 199, line 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Total expenses and disbursements (Form 199, line 9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part II Settle Your Account Electronically for Taxable Year 2021 4 Electronic funds withdrawal 4a Amount 4b Withdrawal date (mm/dd/yyyy) Part III Banking Information (Have you verified the exempt organization's banking information?) 5 Routing number
6 Account number 7 Type of account: Checking Savings
Part IV Declaration of Officer
I authorize the exempt organization's account to be settled as designated in Part II. If I check Part II, box 4, I authorize an electronic funds withdrawal for the amount listed on line 4a.

Under penalties of perjury, I declare that I am an officer of the above exempt organization and that the information I provided to my electronic return originator (ERO), transmitter, or intermediate service provider and the amounts in Part I above agree with the amounts on the corresponding lines of the exempt organization's 2021 California electronic return. To the best of my knowledge and belief, the exempt organization's return is true, correct, and complete. If the exempt organization is filing a balance due return, I understand that if the Franchise Tax Board (FTB) does not receive full and timely payment of the exempt organization's fee liability, the exempt organization will remain liable for the fee liability and all applicable interest and penalties. I authorize the exempt organization return and accompanying schedules and statements be transmitted to the FTB by the ERO, transmitter, or intermediate service provider. If the processing of the exempt organization's return or refund is delayed, I authorize the FTB to disclose to the ERO or intermediate service provider the reason(s) for the delay.

Sign A A
Here Signature of officer Date Title
Part V Declaration of Electronic Return Originator (ERO) and Paid Preparer. See instructions.

I declare that I have reviewed the above exempt organization's return and that the entries on form FTB 8453-EO are complete and correct to the best of my knowledge. (If I am only an intermediate service provider, I understand that I am not responsible for reviewing the exempt organization's return. I declare, however, that form FTB 8453-EO accurately reflects the data on the return.) I have obtained the organization officer's signature on form FTB 8453-EO before transmitting this return to the FTB; I have provided the organization officer with a copy of all forms and information that I will file with the FTB, and I have followed all other requirements described in FTB Pub. 1345, 2021 Handbook for Authorized e-file Providers. I will keep form FTB 8453-EO on file for four years from the due date of the return or four years from the date the exempt organization return is filed, whichever is later, and I will make a copy available to the FTB upon request. If I am also the paid preparer, under penalties of perjury, I declare that I have examined the above exempt organization's return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I make this declaration based on all information of which I have knowledge.

Date Check if Check if ERO's PTIN
ERO's A also paid selfsignature preparer employed
ERO Firm's FEIN Must Firm's name (or yours
if self-employed) A Sign and address ZIP code
Under penalties of perjury, I declare that I have examined the above organization's return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I make this declaration based on all information of which I have knowledge.

Date Paid preparer's PTIN Paid
preparer's Check if
Paid signature A self-employed
Preparer Firm's FEIN
Must Firm's name
(or yours if self- A Sign employed) and ZIP code address FTB 8453-EO 2021
CAEA7001L 12/06/21
CITY OF SANTA CLARA PUBLIC FACILITIES 31-1611044
2,502,062.
2,502,062.
2,502,604.

DIR. OF FINANCE
TIMOTHY J KRISCH, CPA X P00283083

MAZE & ASSOCIATES
3478 BUSKIRK AVE STE 215 94-2590179
PLEASANT HILL CA 94523
DocuSign Envelope ID: 24538CF3-0BDF-43AC-9499-45F5B3B75E28 1/3/2023
□
□ □
I I
I
□

TAXABLE YEAR
2021
California Exempt Organization
Annual Information Return
Calendar Year 2021 or fiscal year beginning (mm/dd/yyyy) 7 / 0 1 / 2 0 21 , and ending (mm/dd/yyyy) ■ FORM 199 6/30/ 2 022 Corporation/Organization name CITY OF SANTA CLARA PUBLIC FACILITIES

FINANCING CORPORATION
Cal ifornia corporation numbe r
Additional information. See instructions.

Street address (suite or room)
1500 WARBURTON AVENUE
City

SANTA CLARA
Foreign country name
D Final information return?
I No No
No
• D Dis solved D Surrendered (Withdrawn) D Merged/Reorganized Enter date: (mm/ dd/yyyy) •
E Check accounting method: -------
1 D Cash 2 [R] Accrual 3 D Other
State
CA
Foreign province/state/county
2011023
FEIN
31 - 1611044
PMS no.

Zip code
95050-3713
Foreign postal code
Did the organization have any changes to its guidelines not reported to the FTB? See instructions . . . . . . . . • D Yes J If exempt under R& TC Section 23701 d, has the
organization engaged in political activities?
See instructions. . . . . . . . . . . . . . . . . . . • D Yes K Is the organization exempt under R&
TC Section 23701 g? .. • 0Yes If "Yes," enter the gross receipts from nonmember sources. . . . . . . . . . . . . . . . $
F Federal return filed? 1 • □ 990T 2 • □ 990-PF 3 • □ Sch H (990) ---~~-~~-
• 0Yes [R]
No
4 D Other 990 seri es
G Is this a group fi ling? See instructions. . . . . . . . . . . . • D Yes [R] No L Is the organization a limited liability company? ..

M Did the organization file Form 100 or Form 109 to report taxable income? . . . . . . . . . . . . . . ... . . . • 0Yes [R]No H Is this organization in a group exempti on .....

If "Yes," what is the parent's name?
D Yes N Is the organization under audit by the IRS or has the IRS audited in a prior year?. . . . . . . . ..... . • 0Yes [R]No O Is federal Form 1023/ l 024 pending? .... . . . .. . .. 0Yes 0No .. . . . .

Date filed with IRS
Part I Complete Part I unless not required to file this form. See General Information B and C.
1 Gross sales or receipts from other sources. From Side 2, Part II, line 8 .. . . . . . . . . . . ' .... . . . • 1 2 , 502,062. 2 Gross dues and assessments from
members and affil iates. ... . . . . ' ' ... . . . . . ... . ' . ' • 2 Rece~rs
an
3 Gross contributions, gifts, grants, and similar amounts received ..... . . . ' . . . ... . ' . . ' ..... . . • 3 Revenues 4 Total gross receipts for filing requirement test. Add line 1 through line 3.

This line must be completed. If the result is less than $50,000, see General Information B. • 4 2 , 502 , 062 . 5 Cost of goods sold .. .. ' .. .. ' . ' . '. . . . . . . . ....... ' ... ''.'' • 1 5 I 6 Cost or other basis, and sales expenses of assets sold . .. . ... •I 6 I j 7 Total costs. Add line 5 and line 6 . ' ... '. ' .. '. ' .. ' . . . . . . . . . . ....... ... . .. . .... .... .. . . 7 8 Total gross income. Subtract li ne 7 from li ne 4 . .. . . ' . . ' ' . . . . .. . , '' .. . . . . . '. . . . . . . • 8 2 , 502 , 062 . 9 Total expenses and disbursements. From Side 2, Part 11, line 18. '. ' .. ... . . . . . . . . . . • 9 2 502 , 604. Expenses 10 Excess of receipts over expenses and disbursements. Subtract line 9 from line 8 . 10 -542. . ' . . . '. ' . . • 11 Total payments .. ... . . ... . ... .. ' .. • 11 '.''.'.'.'.' . . . . ' . . . . . . '.' ... '. '''.'. 12 Use tax. See General Information K . . ' ... . . '.' ... ' ..... . . . . . . . ' . . . ' . . . ... .... . • 12 13 Payments balance. If line 11 is more than line 12, subtract line 12 from line 11 . . . . . ... . • 13 Filing 14 Use tax balance. If line 12 is more than line 11, subtract line 11 from line 12. .... '· • · '' . • 14 Fee 15 Penalties and interest. See General Information J. . . ' .. ''.' ' . . . '.' . . . . . .... . ' .. . ' . 15 16 Balance due. Add line 12 and line 15. Then subtract line 11 from the result. . . . . . . . . . ' .. . .... ' .@ 16 0.

Sign
Under penalties of perjury, I declare that I have examined this return, including accomfcanying schedules and statements, and to the bes t of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all in ormation of which preparer has any knowledge.

Here Signature ► ITitle Date • Telephone of officer DIR . OF FINANCE ( 408 \ 615-2368 IDa te Check if • PTIN
Preparer's ► l:Z ·/..5' •.lA self- Paid signature TIMOTHY J KRISCH CPA employed ►□ P00283083 Preparer's MAZE ASSOCIATES • Firm's FEIN
Firm's name & Use Only (or yours, if ► 3478 BUSKIRK AVE STE 215 94 - 2590 179 self-employed) • Telephone and address PLEASANT HILL CA 94523 925-930-0902 May the FTB discuss this return with the preparer shown above? See instructions . ... ... ' . ' . .. . ... • IXI Yes I I No ■ CACA1112L 01/04/22 059 3651214 Form 199 2021 Side 1 ■ CITY OF SANTA CLARA PUBLIC FACILITIES 31-1611044
Part II Organizations with gross receipts of more than $50,000 and private foundations regardless of amount of gross receipts - complete Part II or furnish substitute information. 1 Gross sales or receipts from all business activities. See instructions .. . . . . ' ... . ' ... 2 Interest .. '' '.'.' . . . '. '' .. .....
3 Dividends. ''''.'.

Receipts 4 Gross rents. . from . ''.' ...... '
Other 5 Gross royalties .. ' .. ' '''.'. ' .. ' .. . ... , .. ' Sources 6 Gross amount received from sale of assets (See instructions) . . . . 7 Other income. Attach schedule. . '.'.'.' ''. '. . .. ... . ,$)1;~. . $TAr~.M~l:J'.~ -~ 8 Total gross sales or receipts from other sources. Add line 1 through line 7. Enter here and on Side 1, Part I, line 1. . . . 9 Contributions, gifts, grants, and similar amounts paid. Attach schedule .. . '.' . . . . ' . ' .. .. '. ' . . ' .. ' 10 Disbursements to or for members .... '.'.' '.'.'. . . , .. '.' . . '.'.' ''.' ... 11 Compensation of officers, directors, and trustees. Attach schedule. SEE STMT 2 ' .. ', . . 12 Other salaries and wages . . '.''' .. . ..

Expenses 13 Interest. and '' '' .. '.'' .. ' .. ' ..

Disburse- 14 Taxes ... ... ' .. ' ''' .. ''.' . . . . . . . '.'' . . . '. ments 15 Rents. ''. '. '' .. . '.' ' .... , . . . . '.'. ... '.' .. . .. 16 Depreciation and depletion (See instructions) .. '.'.' ' .. . . . . . '.'.'. ''.' . 17 Other expenses and disbursements. Attach schedule .. . . ,$)1;~ . $rAr~.M~l::JA. .3 •
•
•
•
•
•
•
. . .
•
•
•
•
•
•
•
•
•
18 Total expenses and disbursements. Add line 9 through line 17. Enter here and on Side 1, Part I, line 9. .. ' .. 1 2 623 .
3 4
5 6
7 2,501,439.
8 2,502,062 .
9 10
11 0 .
12 13 496,439 .
14 15
16 17 2,006,165 .
18 2 502 604.

Schedule L Balance Sheet Beginning of taxable year End of taxable year Assets (a) (b) (c) (d)
1 Cash .. ..... '.',. 723,083. • 722,541.
2 Net accounts receivable ... •
3 Net notes receivable . •
4 Inventories . •
5 Federal and state government obligations. •
6 Investments in other bonds . •
7 Investments in stock. . . . ... •
8 Mortgage loans .. ... ''.' •
9 Other investments. Attach schedule ... ' .. ' .. •
10 a Depreciable assets ........ . . . . '. '.,' ... '''.' b Less accumulated depreciation .. . . . '' .. '.' ...
11 Land .... . '' .. ' '.'.' . ' .. ' .. '' .. ... ' .. ' .. • 12 Other assets. Attach schedule . . . '.'.' .. . _ST_M 4 13,653,691. • 11,594,394. 13 Tota I assets . . . . . '. ' . '.' .. . , .. . .. ' 14,376,774. 12,316,935.

Liabilities and net worth
14 Accounts payable . •
15 Contributions, gifts, or grants payable . •
16 Bonds and notes payable .. . _S_T_. 5 12,588,691. • 11,594,394. 17 Mortgages payable . •
18 Other liabilities. Attach schedule . ... . . 1,065,000. 19 Capital stock or principal fund ... '.'.'' .. ' .... 723,083. • 722,541. 20 Paid-in or capital surplus. Attach reconciliation .... .. • 21 Retained earnings or income fund .. ' ..... .. ' .... • 22 Total liabilities and net worth ..... .. '. . . . . . 14,376,774. 12,316,935.

Schedule M-1 Reconciliation of income per books with income per return Do not complete this schedule if the amount on Schedule L, line 13, column (d), is less than $50,000. 1 Net income per books . • -542. 7 Income recorded on books this year not included ''.' .. ' ... 2 Federal income tax . • in this return. Attach schedule. .. '.'.' • 3 Excess of capital losses over capital gains . • 8 Deductions in this return not charged 4 Income not recorded on books this year. against book income this year.

Attach schedule .. • ' . ' ' Attach schedule .. '' .. ' • 5 Expenses recorded on books this year not deducted 9 Total. Add line 7 and line 8 .... '' .. in this return. Attach schedule. • 10 Net income per return. . ' . ' .. . .. 6 Total. Add line 1 through line 5 . . . . . ' .. ... ' . -542. Subtract line 9 from line 6 ... -542. .
.
■
Side 2 Form 199 2021 059 3652214 CACA 11 12L O 1 /04/22 ■
2021
STATEMENT 1
FORM 199, PART II, LINE 7

OTHER INCOME

CALIFORNIA STATEMENTS

CITY OF SANTA CLARA PUBLIC FACILITIES

FINANCING CORPORATION
PROGRAM SERVICE REVENUE. ..

STATEMENT 2
FORM 199, PART II, LINE 11
. .. .. .. . $
TOTAL$
PAGE1
31-1611044
2,501,439.
2,501,439.

COMPENSATION OF OFFICERS, DIRECTORS, TRUSTEES AND KEY EMPLOYEES CURRENT OFFICERS:

TITLE AND TOTAL CONTRI- EXPENSE

AVERAGE HOURS COMPEN- BUTION TO ACCOUNT/

NAME AND ADDRESS PER WEEK DEVOTED SATION EBP & DC OTHER KATHLEEN WATANABE BOARD MEMBER $ 0. $ 0. $ 0.
1500 WARBURTON AVENUE 0.50
SANTA CLARA, CA 95050-3713
KEVIN PARK BOARD MEMBER 0. 0. 0.
1500 WARBURTON AVENUE 0.50
SANTA CLARA, CA 95050-3713
RAJ CHAHAL BOARD MEMBER 0. 0. 0.
1500 WARBURTON AVENUE 0.50
SANTA CLARA, CA 95050-3713
KAREN HARDY BOARD MEMBER 0. 0. 0.
1500 WARBURTON AVENUE 0.50
SANTA CLARA, CA 95050-3713
ANTHONY J. BECKER BOARD MEMBER 0. 0. 0.
1500 WARBURTON AVENUE 0.50
SANTA CLARA, CA 95050-3713
SUDHANSHU JAIN VICE PRESIDENT 0. 0. 0.
1500 WARBURTON AVENUE 0.50
SANTA CLARA, CA 95050-3713
LISA M. GILLMOR PRESIDENT 0. 0. 0.
1500 WARBURTON AVENUE 0.50
SANTA CLARA, CA 95050-3713
RAJEEV BATRA EXECUTIVE DIR. 0. 0. 0.
1500 WARBURTON AVENUE 0.10
SANTA CLARA, CA 95050-3713
KENN LEE DIR. OF FINANCE 0. 0. 0.
1500 WARBURTON AVENUE 0.10
SANTA CLARA, CA 95050-3713
NORA PIMENTAL SECRETARY 0. 0. 0.
1500 WARBURTON AVENUE 0.10
SANTA CLARA, CA 95050-3713
TOTAL$ 0. $ 0. $ 0.
2021
STATEMENT 3
FORM 199, PART II, LINE 17

OTHER EXPENSES

CALIFORNIA STATEMENTS

CITY OF SANT A CLARA PUBLIC FACILITIES

FINANCING CORPORATION
BOND COST EXPENSE ............. .

PRINCIPAL DEBT PAYMENTS ... .

STATEMENT 4
FORM 199, SCHEDULE L, LINE 12

OTHER ASSETS
NET INVESTMENT IN LEASE..

STATEMENT 5
FORM 199, SCHEDULE L, LINE 16

BONDS AND NOTES PAYABLE

TAX-EXEMPT BONDS
PURPOSE OF ISSUE:

ISSUE DATE:

ORIGINAL ISSUE AMOUNT:

TYPE OF FORM FILED:

FORM 8038 FILING DATE:

OUTSTANDING ISSUE AMT:

CENTRAL PARK LIBRARY REFUNDING
3/28/2013
19,571,640.

FORM 8038-G
3/28/2013
PAGE2
31-1611044
...... """ $ 1,165.
... ...... .. 2,005,000.

TOTAL$ 2,006,165.
11,594,394. TOTAL$ 11,594,394.

BALANCE DUE
11,594,394.

TOTAL TAX-EXEMPT BONDS$ 11,594,394.

TOTAL NOTES AND BONDS PAYABLE$ 11,594,394.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1560 Agenda Date: 1/31/2023

REPORT TO COUNCIL

SUBJECT
Action on the Adoption of a Resolution Accepting the AB1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2022

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of a development project’s impact on public facilities with certain exceptions. The legal requirements for enactment of a development impact fee program are set forth in Government Code §§ 66000-66025 (the "Mitigation Fee Act"), the bulk of which were adopted as 1987’s AB 1600 and thus are commonly referred to as “AB 1600 requirements.” Under AB 1600, there must be reasonably relation between amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.

DISCUSSION
Attached is the AB1600 Report on Development Impact Fees for the fiscal year ended June 30, 2022. This report is supplied pursuant to Government Code Section 66006(b). Staff has also determined that the City has Traffic Mitigation funds of $3,952,779, Sanitary Sewer Conveyance Fee funds of $9,730,436, and Storm Drain Impact funds of $216,873 exceeding the five-year limit. In conformance with AB 1600, the City does not have any refund exposure for these funds as they have been budgeted to fund future projects. Therefore, Staff is submitting the attached Resolution to accept the AB1600 Report and make findings that there is a continuing need for these unexpended balances of impact fees.

On December 23, 2022, the City posted notice and made copies of the report available for public review in the City Clerk’s Office, the Finance Department, and online at www.Santaclaraca.gov/Finance. In addition, written notice of the time and place of the regularly scheduled City Council meeting on January 31, 2023, along with a copy of the AB1600 Report, were sent to interested parties as requested.

Staff has scheduled a review of this report for the regularly scheduled City Council meeting on January 31, 2023. More than 15 days will have elapsed as of the date of Council review since the report was made available to the public, as required by applicable state law.

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23-1560 Agenda Date: 1/31/2023

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 no cost to the City other than administrative staff time and expense to develop the report and resolution. There is no economic/fiscal impact since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to the Government Code Sections 66000-66003.

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

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

RECOMMENDATION
Adopt a Resolution accepting the AB1600 Report on Development Impact Fees for fiscal year ending June 30, 2022 and making findings regarding the continuing need for the unexpended balances of impact fees as of June 22, 2022.

Reviewed by: Kenn Lee, Director of Finance
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. AB1600 Report on Development Impact Fees

2. AB1600 Resolution
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1 AB1600 REPORT ON DEVELOPMENT IMPACT FEES
For Fiscal Year ended June 30, 2022

BACKGROUND
Cities and counties often charge fees on new development to fund public improvements, public amenities and public services. For example, Traffic Mitigation Fees are used to fund transit facilities, streets, bike lanes and sidewalks. These fees are commonly known as development impact fees (Developer Fees). In 1989, the State Legislature passed Assembly Bill 1600 (AB1600) which added Section 66000, et seq., to the California Government Code. The chapter sets forth a number of requirements that local agencies must follow if they are to collect fees from developers to defray the cost of the construction of public facilities related to development projects. Government Code Sections 66000-66025 apply to developer fees established, increased or imposed on or after January 1, 1989, and generally sets forth four broad requirements:

1. A local jurisdiction must follow the process set forth in the bill and make certain determinations regarding the purpose and use of the fees and to establish a "nexus" or connection between a development project or class of project and the public improvement being financed with the fee.

2. The fee revenue must be segregated from the General Fund in order to avoid commingling of public improvement fees and the General Fund.

3. If a local jurisdiction has had possession of a developer fee for five years or more and has not committed that money to a project or actually spent that money, then it must make findings describing the continuing need for that money each fiscal year after the five years have expired.

4. If a local jurisdiction cannot make the findings required under paragraph 3, then the city or county must go through a refund procedure.

The Traffic Mitigation Fee, Sanitary Sewer Outlet Fee, Sanitary Sewer Connection Fee, Sanitary Sewer Conveyance Fee, Storm Drain Fee, Parks Mitigation Fee, Tasman East Specific Plan Infrastructure Impact Fee, and Affordable Housing Fees that the City of Santa Clara (City) collects qualify as Development Impact Fees and therefore must comply with the above referenced Government Code Sections. The amount of each of these development impact fees for fiscal year 2021-22 is reflected in the City’s Municipal Fee Schedule, previously adopted by the City Council. The schedule is available at:
https://www.santaclaraca.gov/home/showpublisheddocument/74639/637630695120400000. As required by law, these fees are segregated and accounted for as Special Revenue Funds. Government Code Section 66001 requires the City to make available to the public certain information regarding these fees for each fund within 180 days after the end of each fiscal year. Accordingly, the following report is presented to the City Council for review.
2 ANALYSIS
Using the accounting method known as first in, first out (FIFO), which means the first revenue received is assumed to be the first spent, staff analyzed the annual balances at the end of fiscal year 2021-22 to determine what portion, if any, of the balance was five or more years old. If a balance is more than five years old, a review of previously identified projects is undertaken to determine if any developer fees collected need to be refunded.

Many of the identified projects are already underway, and the City has appropriated funds for these projects as noted in the City’s FY2021-22 and 2022-23 Biennial Operating Budget Book. The book is available at https://www.santaclaraca.gov/home/showpublisheddocument/75118/637685047236500000.

The identification of each Capital Project on which fees were expended and the amount of the expenditures on each Capital Project including the total percentage of the cost of the Capital Project that was funded with fees are detailed in Exhibit A.

Traffic Mitigation Fee
The Traffic Mitigation Fee is levied to fund improvements or programs to mitigate City traffic impacts that result either directly or indirectly from development projects. To determine the traffic mitigation fees the City conducts a Traffic Impact Fee Nexus study and the most recent report was approved by Council August 21, 2018. The basis of Santa Clara’s traffic mitigation fee, also more commonly known as a traffic impact fee is the number of net new PM peak hour vehicle trips generated by new development. Those additional trips result in the traffic impacts the fee is intended to mitigate. The fee is calculated by dividing the total cost of the improvement projects in the Traffic Mitigation Program by the number of additional PM peak hour trips generated by new development, which results in a “per PM peak hour trip” fee amount. For simplicity of application, this fee is then converted to a fee per square foot, per hotel room, or per dwelling unit, based on the trip generation rates in the latest ITE Trip Generation Manual.

The fee is automatically adjusted for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.

The following table summarizes the activity for the Traffic Mitigation Fund from 2017-18 through 2021-

22. Fund 123 & 533 2017-18 2018-19 2019-20 2020-21 2021-22 Beginning Balance 8,711,428 $ 8,448,382 $ 10,353,046 $ 10,448,972 $ 10,505,590 $ Developer Fees 855,324 1,958,563 182,518 728,208 978,860 Interest Income 115,449 196,524 200,204 152,901 165,723 Expenditures (1,233,819) (250,423) (286,796) (824,491) (711,555) Ending Balance 8,448,382 $ 10,353,046 $ 10,448,972 $ 10,505,590 $ 10,938,618 $ During 2021-22, the City collected $978,860 of traffic mitigation fees, earned $165,723 from interest and incurred $711,555 of project expenditures. The grand total of the Traffic Impact Fee fund balance that is available at the end of 2021-22 is $10,938,618 of which $3,952,779 has been held for over five years.

Exhibit A identifies the projects that will make use of all unspent fees held over five years.

There is no impact on City resources since all qualified impact fees held by the City for over five years are either spent or committed, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000, et seq.
3 Sanitary Sewer Outlet Fee
The Sanitary Sewer Outlet Fee is collected from developers to construct public sanitary sewer facilities.

City Council passed Ordinance 1778 on December 3, 2002 which created the sanitary sewer outlet charge which is used for the acquisition, construction, reconstruction, maintenance, and operation of off-site sewerage facilities, and to repay principal and interest on bonds issued for the construction and reconstruction of such sewerage facilities. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.

The following table summarizes the activity for the Sanitary Sewer Outlet Fees from 2017-18 through 2021-22.

Fund 594 2017-18 2018-19 2019-20 2020-21 2021-22
Beginning Balance (2,075,945) $ (1,831,352) $ (1,588,864) $ (1,288,884) $ (1,089,598) $ Developer Fees 244,593 242,488 299,980 199,286 420,456
Ending Balance (1,831,352) $ (1,588,864) $ (1,288,884) $ (1,089,598) $ (669,142) $ The amount of developer fees collected in 2021-22 was $420,456. The outstanding balance in the Sanitary Sewer Outlet Fee Fund at the end of 2021-22 is ($669,142). Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 development fees.

There is no impact on City resources since all qualified impact fees collected by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000-66003.

Sanitary Sewer Connection Fee
The Sanitary Sewer Connection Fee was adopted to improve and expand the sewer collection system.

City Council passed Ordinance 1428 on August 25, 1981 which created the sanitary sewer connection charge which is charged whenever a property is initially connected or requires an addition of a new connection to the sanitary sewer system. The fee is charged based on type of dwelling unit for residential (single family, duplex, condominium, etc.) and non-residential which charges based on connection size.

The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.

The following table summarizes activity for the Sanitary Sewer Connection Fee from 2017-18 through 2021-22.

Fund 594 2017-18 2018-19 2019-20 2020-21 2021-22
Beginning Balance (50,329,856) $ (74,240,874) $ (87,737,999) $ (116,641,597) $ (114,296,942) $ Developer Fees 1,625,820 2,303,752 1,124,123 1,007,031 1,389,253 Expenditures (25,536,838) (15,800,877) (30,027,721) (5,488,096) (37,645,683) Refunded Expenditu - - - 6,825,720 4,653,617
Ending Balance (74,240,874) $ (87,737,999) $ (116,641,597) $ (114,296,942) $ (145,899,755) $ During 2021-22, the City collected $1,389,253 from developer fees and spent $37,645,683 in construction project. The City received a cumulative $4,653,617 in construction refunds from the City of San Jose for 4 the Joint Venture project, and the City reported this under a separate Refunded Expenditures line.

Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 development fees.

There is no impact on City resources since all qualified impact fees held by the City have been spent, thus eliminating the need to refund any fees to developers according to Government Code Sections 66000- 66003.

Sanitary Sewer Conveyance Fee
The Sewer Conveyance Fee was approved by City Council in June 2007 and is intended to mitigate development impacts to the City’s sanitary sewer conveyance system resulting from increases in the sanitary sewer discharges. The amount of Sanitary Sewer Conveyance Fee is based directly on the potential sewer discharge volumes of the proposed land uses. The fee was based on a Sanitary Sewer Capacity Assessment Report 2006, and subsequent update in 2016. The basis of Santa Clara’s sewer conveyance fee is sewer flow rate generated by the new development. The fee is calculated by dividing the total cost of the capacity improvement projects in the Sanitary Sewer Master Plan or its predecessor reports by the total projected sanitary sewer flow rate generated by future developments, which results in a “per gallon per day (GPD)” fee amount. The per GPD fee multiplied by the estimated sanitary sewer flow rate (GPD) generated by a new development is the sanitary sewer conveyance fee for that new development.

The following table summarizes the activity for the Sanitary Sewer Conveyance Fees from 2017-18 through 2021-22.

Fund 594 2017-18 2018-19 2019-20 2020-21 2021-22
Beginning Balance 22,504,850 $ 26,847,028 $ 34,179,296 $ 38,232,186 $ 39,419,207 $ Developer Fees 4,136,935 6,916,161 4,079,586 3,126,854 5,214,338 Interest Income 307,104 515,362 705,177 559,621 720,262 Expenditures (101,861) (99,255) (731,873) (2,499,454) (499,843) Ending Balance 26,847,028 $ 34,179,296 $ 38,232,186 $ 39,419,207 $ 44,853,964 $ The current year’s developer fees and interest income of $5,214,338 and $720,262 respectively, were partially offset by expenditures of $499,843. The net change resulted in a current balance of $44,853,964 which $9,730,436 has been held for over five years. Exhibit A identifies the project that will make use of all unspent fees held over five years.

Storm Drain Fee
The Storm Drain Fee is levied to mitigate City storm drainage that results either directly or indirectly from development projects. The Storm Drain Outlet Fee is codified in the Santa Clara City Code Section

17.15.220 Sanitary Sewer and Storm Drains and was created for the purpose of defraying the estimated costs of constructing planned drainage facilities for removal of surface and storm waters from local drainage areas. The fee is charged based on the amount of acreage being developed with a project. The fee shall automatically adjust for inflation annually at the start of each fiscal year, based on the latest Engineering News Record Construction Cost Index.
5 The following table summarizes the activity for the Storm Drain Fees from 2017-18 through 2021-22.

Fund 535 2017-18 2018-19 2019-20 2020-21 2021-22
Beginning Balance 555,070 $ 626,783 $ 586,578 $ 613,299 $ 650,435 $ Developer Fees 67,194 5,749 15,409 27,903 33,450
Interest Income 4,760 8,845 11,312 9,233 6,794
Expenditures with Prior Year Adjustment (241) (54,799) - - (267,569) Ending Balance 626,783 $ 586,578 $ 613,299 $ 650,435 $ 423,110 $ During 2021-22, the City collected $33,450 from developer fees and earned $6,794 from interest. The grand total of the Storm Drain Fees that is available at the end of 2021-22 is $423,110 of which $216,873 has been held for over five years. Exhibit A identifies the projects that will make use of all unspent fees held over five years.

Parks Mitigation Fee
The Parks Mitigation Fee was adopted in fiscal year 2014-15 and went into effect for the 2016-17 fiscal year. Fees received can be used to provide (acquire) public parkland and/or make necessary park improvements according to the restrictions of the Mitigation Fee Act and help the City to address its park, recreation and open space needs. The City of Santa Clara completed a Parks & Recreation Facilities Development Impact Fee Study in 2014 and in 2019 that were reviewed and approved by the City Council after community and stakeholder public comment hearings. These reports provide the necessary findings required by the Mitigation Fee Act and Quimby Act for the adoption of the fees by Council resolution contained in the Municipal Fee Schedule. These reports provide the facility cost and land acquisition cost data and analysis and describe the methodology for calculation of the fees.

The parks and recreation facilities fees use an existing inventory demand standard translated into facility costs per capita to determine new development’s fair share of planned facility costs. A cost standard provides a reasonable method for converting disparate types of facilities, in this case parkland and special use recreational facilities, into a single measure of demand (capital cost per capita). The cost standard is based on the existing inventory of parks and recreation facilities. New residential development would fund the expansion of facilities at the same rate that existing residential development has provided facilities to date. The City uses the existing ratio of developed parkland per 1,000 residents. In 2010 the standard was 2.45. The current standard is 2.60. (Quimby Act allows 3.0 acres/1,000 resident Standard).

The formula to calculate the cost per capita of providing new park facilities involves the following variables: (A) the value per acre of parkland by Zip Code Area of the City (95050, 90551, and 95054) as established by annual appraisal; (B) the Level of Service standard (parkland acres per 1,0000 residents); (C) Cost per 1,000 Capita; (D) cost per capita; (F) Development land use type density per household (Single Family = 2.98, Multifamily = 2.40); (G) the per capita value of parkland improvements, and (H) a 2% in lieu fee program administrative charge. The formula used is C = A x B, D = C/1,000. This cost per capita for parkland (D), and the cost per capita for improvements (G), are each multiplied by the density of development type (F): D x F + G x F = Base Fee (E). The administrative fee (H) is then added to the Base Fee (E) for the “Total Fee” (I) for each Zip Code Area: H + E = I. 6 The calculation tables are provided in the in-Lieu Fee Resolution adopted by Council and posted on the City website and incorporated into the Municipal Fee Schedule. Based on the date the resident developer’s Project application is deemed complete, the total parkland due can be calculated, the developed parkland dedicated, and credits deducted for eligible on-site recreational amenities.

The following table summarizes the activity for the Parks Mitigation Fee from 2017-18 through 2021-22.

Fund 532 2017-18 2018-19 2019-20 2020-21 2021-22
Beginning Balance 13,505,806 $ 10,545,074 $ 5,261,415 $ 10,771,523 $ 8,937,718 $ Developer Fees - 268,091 7,159,545 1,522,149 14,634,898 Interest Income 147,253 111,431 176,942 110,320 124,450 Expenditures (3,107,985) (5,663,181) (1,826,379) (3,466,274) (3,014,832) Ending Balance 10,545,074 $ 5,261,415 $ 10,771,523 $ 8,937,718 $ 20,682,234 $ During 2021-22, the City collected $14,634,898 for Park Mitigation fees, earned $124,450 from interest, and incurred $3,014,832 of project expenditures. The grand total of the Parks Mitigation Fee that is available at the end of 2021-22 is $20,682,234. There are no fees that have been held over five years.

Tasman East Specific Plan Infrastructure Impact Fee
On November 13, 2018, the City Council adopted the Tasman East Specific Plan to guide the transition of an underutilized 45-acre industrial neighborhood east of the Great America Transit Center into a pedestrian-friendly, transit-oriented development, providing for the addition of 4,500 new residential units, 100,000 square feet of retail, and 10 acres of open space near transit and jobs. In coordination with developers within the Specific Plan area, the City established an Infrastructure Impact Fee for the Specific Plan area to create an equitable distribution of area-wide and common public infrastructure costs for all residential developments within the Specific Plan and to finance capital facility and infrastructure costs to serve these developments.

Ordinance No. 2026 Adding Subsection 17.15.350 to Chapter 15 of Title 17 of the Santa Clara City Code Regarding the Tasman East Specific Plan Infrastructure Impact Fee was adopted on November 17, 2020.

The following table summarizes the activity for the Tasman East Specific Plan Infrastructure Impact Fee from 2017--18 through 2021-22.

Fund 541 2017-18 2018-19 2019-20 2020-21 2021-22
Beginning Balance - $ - $ - $ - $ (170,921) $
Developer Fees - - - - 3,465,453
Interest Income - - - - 5,896
Expenditures - - - (170,921) (40,425)
Ending Balance - $ - $ - $ (170,921) $ 3,260,003 $
During 2021-22, the City collected $3,465,453 from developer fees, earned $5,896 from interest and incurred $40,425 of project expenditures. The grand total of the Tasman East Specific Plan Infrastructure 7 Impact Fees that is available at the end of 2021-22 is $3,260,003. There are no fees that have been held over five years.

Affordable Housing Fee
The Affordable Housing Fee was adopted to mitigate the impacts of new market-rate housing development and non-residential development on the need for affordable housing, in addition to assisting in meeting the City’s share of the region’s housing need and implementing the goals, policies and actions specified in the Housing Element of the general plan. City Council passed Ordinance 1974 on December 5, 2017 which established the affordable housing fee applicable to residential and nonresidential projects and to encourage the development of rental housing and as well as smaller units that may be more affordable by design. The fee established are significantly lower than the amount needed to fully mitigate the impacts of the new for-sale and rental resident projects and non-residential project on the need for affordable housing. The fees shall automatically adjust for inflation annually using the Engineering News Record McGraw-Hill Construction Weekly Building Index for San Francisco.

The following table summarizes the activity for the Affordable Housing Fee from 2017-18 through 2021-

22. Fund 565 2017-18 2018-19 2019-20 2020-21 2021-22
Beginning Balance - $ - $ - $ - $ 131,284 $
Developer Fees - - - 130,201 5,613,415
Interest Income - - - 1,083 15,878
Ending Balance - $ - $ - $ 131,284 $ 5,760,577 $
During 2021-22, the City collected $5,613,415 from developer fees and earned $15,878 from interest.

The grand total of the Affordable Housing Fees that is available at the end of 2021-22 is $5,760,577.

There are no fees that have been held over five years.

PUBLIC NOTICE: Public notification was achieved by posting the availability of the report 15 days prior to the meeting, as required by Government Code Section 66006(b)(2).

Attachments:

Exhibit A: Summary of Development Impact Fees
8 Exhibit ACity of Santa Clara
Summary of Local Agency Improvement Fees
(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Streets and Highways (Fund 123 & 533)
FY 2020-21 Ending Fund Balance $ 10,505,590Fees Collected 978,860Interest Earned 165,723Expenditures (711,555)FY 2021-22 Ending Fund Balance $ 10,938,618Funds Accumulated in Current and Last 5 Years $ 6,985,839Funds Held Longer than 5 Years $ 3,952,779Projects Programmed for Impact Fees $ 8,313,044 Project
# Description
Project Status/
Estimated
Completion Year
Total Project
Appropriation All
Funding Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2021-22
Impact Fee
Expenditure
1206 Pruneridge Ave-Lawrence Expwy Bicycle Lanes Improvement 2022 $ 575,000 100% 20% $ 115,000 $ 115,000 $ - $ 99,589 1216 Traffic Studies and Signal Needs Assessment/Upgrade Ongoing 600,000 100% 70% 420,000 228,220 191,780 5,940 1217 Traffic Signal Management Software Upgrade/Replacement 2023 3,372,871 100% 89% 3,000,942 1,627,829 1,373,113 55,472 1218 Traffic Pre-Emptors 2023 1,445,259 100% 94% 1,358,104 508,601 849,503 - 1219 Traffic Signal Enhancements Ongoing 1,222,518 100% 100% 1,222,518 572,051 650,467 - 1220 Pedestrian and Bicycle Enhancement Facilities Ongoing 2,321,998 100% 83% 1,921,998 1,381,924 540,074 3,472 1232 Traffic Signal Interconnect Upgrade Ongoing 594,560 100% 76% 450,000 14,491 435,509 - 1234 Transportation Modeling Update Ongoing 216,700 100% 92% 200,000 35,900 164,100 19,200 1237 MCB/GAP Intersection Improvement Project 2025 8,368,124 100% 40% 3,330,400 1,761,675 1,568,725 138,432 1242 Intersection Improvement- ECR at San Tomas Phase B 2022 2,843,588 100% 66% 1,886,041 1,886,041 - 202,451 1245 Benton Bike Lanes 2024 1,726,000 100% 14% 249,000 129,810 119,190 - 1248 Pruneridge Ave-Complete Streets Plan 2024 416,347 100% 22% 90,270 32,380 57,890 32,380 1251 HAWK Beacon on Scott and Harrison 2023 750,000 100% 100% 750,000 62,668 687,332 50,328 1258 Multimodal Improvement Plan Phase 2 Projects 2027 590,000 0% 10% 60,000 - 60,000 - 1259 Monroe Los Padres Traffic Signal Modification 2024 145,000 100% 88% 127,856 - 127,856 - 1261 Santa Clara School Access Improvements 2023 2,471,000 54% 54% 1,325,000 171,075 1,153,925 103,994 1274 Lafayette St Class IV Bike Lanes 2025 200,000 10% 10% 20,000 297 19,703 297 1275 De La Cruz Boulevard Class IV Bikeway Study 2024 200,000 30% 30% 60,000 - 60,000 - 1276 Monroe Street Class II Buffered Bike Lane Study 2024 200,000 70% 30% 60,000 - 60,000 - 1277 Walsh Avenue Class IV Bikeway Study 2024 250,000 30% 30% 75,000 - 75,000 - 1280 MCB Class IV Bike Lanes 2023 65,000 83% 83% 53,877 - 53,877 - 1376 Safe Route to School Ongoing 436,084 100% 15% 65,000 - 65,000 -Totals $ 29,010,049 $ 8,527,962 16,841,006 $ $ 8,313,044 $ 711,555 Traffic Mitigation Fee (Fund 123 and 533)
Traffic Mitigation Fee
Since Inception Date Through June 30, 2022
9 Exhibit ACity of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Sanitary Sewer Outlet Fee (Fund 594)
FY 2020-21 Ending Fund Balance $ (1,089,598)Fees Collected 420,456Expenditures - FY 2021-22 Ending Fund Balance $ (669,142)
Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2021-22
Impact Fee
Expenditure
1907 Development Extensions Closed $ - 0% 0% - - $ - $ - Note (1) Amounts have been transferred within the Sewer Enterprise Fund to make up the negative balance for Capital Projects financed with AB1600 Development Fees There were no interfund loans.

Sanitary Sewer Outlet Fee (Fund 594)
Sanitary Sewer Outlet Fee
Since Inception Date Through June 30, 2022
10 Exhibit ACity of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Sanitary Sewer Connection Fee (Fund 594)
FY 2020-21 Ending Fund Balance $ (114,296,942)
Fees Collected 1,389,253
Expenditures (32,992,066)
FY 2021-22 Ending Fund Balance $ (145,899,755)
Funds Accumulated in Current and Last 5 Years $ -
Funds Held Longer than 5 Years $ -
Projects Programmed for Impact Fees $ -
Project
# Description Project Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2021-22
Impact Fee
Expenditure
1908 S.J.- S.C. Regional Wastewater Facility Ongoing $ 228,632,948 100% 42% 96,030,575 96,030,575 $ - $ 32,992,066 Note (1) Amounts have been transferred within the Sewer Enterprise Operating Fund and Debt Service Fund to make up the negative balance for Capital Projects financed with AB1600 Development Fees There were no interfund loans.

Sanitary Sewer Connection Fee (Fund 594)
Sanitary Sewer Connection Fee
Since Inception Date Through June 30, 2022
11 Exhibit ACity of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Sanitary Sewer Conveyance Fee (Fund 594)
FY 2020-21 Ending Fund Balance $ 39,419,207Fees Collected 5,214,338Interest Earned 720,262Expenditures (499,843) FY 2021-22 Ending Fund Balance $ 44,853,964Funds Accumulated in Current and Last 5 Years $ 35,123,528Funds Held Longer than 5 Years $ 9,730,436Projects Programmed for Impact Fees $ 22,777,722 Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2021-22
Impact Fee
Expenditure
1909 Sanitary Sewer Capacity Improvements Ongoing $ 34,052,247 100% 100% $ 34,052,247 $ 11,274,525 $ 22,777,722 $ 249,588 1919 Sanitary Sewer Hydraulic Modeling As Needed Support Ongoing 1,273,636 100% 34% 429,527 429,527 - 250,255 Totals $ 35,325,883 $ 11,704,052 34,481,774 $ $ 22,777,722 $ 499,843 Sanitary Sewer Conveyance Fee (Fund 594)
Sanitary Sewer Conveyance Fee
Since Inception Date Through June 30, 2022
12 Exhibit ACity of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Storm Drain Fee (Fund 535)
FY 2020-21 Ending Fund Balance $ 650,435Fees Collected 33,450Interest Earned 6,794 Expenditures Adjustment (267,569)FY 2021-22 Ending Fund Balance $ 423,110Funds Accumulated in Current and Last 5 Years $ 206,237Funds Held Longer than 5 Years $ 216,873Projects Programmed for Impact Fees $ 278,469 Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
%
Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2021-22
Impact Fee
Expenditure
1831 Miscellaneous Storm Drain Improvements Ongoing $ 316,577 100% 32% 100,000 - 100,000 $ - 1834* Storm Drain System Improvement Ongoing 100% 100% 425,374 425,374 392,106 33,268 - 1835 Storm Drain Outfall Reconstruction Program Ongoing 100% 55% 917,569 1,673,000 772,368 145,201 267,569 Totals $ 1,442,943 2,414,951 $ 1,164,474 $ 278,469 $ 267,569 Storm Drain Fee (Fund 535)
Storm Drain Fee
Since Inception Date Through June 30, 2022
13 Exhibit ACity of Santa Clara
Summary of Local Agency Improvement Fees
(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Parks Mitigation Fee (Fund 532)
FY 2020-21 Ending Fund Balance $ 8,937,718Fees Collected 14,634,898Interest Earned 124,450Expenditures (3,014,832)FY 2021-22 Ending Fund Balance $ 20,682,234Funds Accumulated in Current and Last 5 Years $ 39,125,827Funds Held Longer than 5 Years $ - Projects Programmed for Impact Fees $ 11,171,634
Project
# Description
Project
Status/
Estimated
Completion
Year
Total Project
Appropriation All
Funding Sources
Funding
Status
% Impact
Fee Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining
FY 2021-22
Impact Fee
Expenditure
3133 Central Park Master Plan New Improvement 2023 2,518,448 $ 100% 100% 2,518,448 $ 34,121 $ 2,484,327 $ 34,121 $ 3136 Westwood Oaks Park Playground Rehabilitation 2023 1,149,800 100% 100% 1,149,800 78,933 1,070,867 78,933 3137 Warburton Park Playground Rehabilitation 2023 1,331,800 100% 5% 61,295 - 61,295 -3177 Youth Soccer Fields & Athletic Facilities 2021 45,251,768 100% 22% 10,032,925 10,032,925 - 43,041 3181 Park Impact Fees Monitoring Project Ongoing 100% 75% 1,053,513 1,412,830 371,251 682,262 27,899 3184 Montague Park Enhancement 2022 7,293,540 100% 100% 7,293,540 420,657 6,872,883 23,597 3199 Park&Rec Engineering Management Ongoing 493,397 100% 59% 293,379 293,379 - 293,379 1204 Saratoga Creek Trail (Homeridge Park to Central Park) FY2122 2023 7,370,070 100% 27% 2,025,000 2,025,000 - 2,025,0003000 General Fund Loan Repayment 2023 100% 100% 5,065,210 5,065,210 5,065,210 - 488,862Totals $ 29,493,110 71,886,863 $ 18,321,476 $ 11,171,634 $ 3,014,832 $ Parks Mitigation Fee (Fund 532)
Parks Mitigation Fee
Since Inception Date Through June 30, 2022
14 Exhibit ACity of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Tasman East Specific Plan Infrastructure Impact Fee (Fund 541) FY 2020-21 Ending Fund Balance $ -Fees Collected 3,465,453Interest Earned 5,896 Expenditures (211,346)
FY 2021-22 Ending Fund Balance $ 3,260,003Funds Accumulated in Current and Last 5 Years $ 3,260,003Funds Held Longer than 5 Years $ -Projects Programmed for Impact Fees $ - Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
% Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2021-22
Impact Fee
Expenditure
4610 Tasman East Admin Studay and Engineering Onging $ 211,346 100% 100% 211,346 211,346 $ - $ 40,425 Tasman East Specific Plan Infrastructure Impact Fee (Fund 541) Affordable Housing Fee
Since Inception Date Through June 30, 2022
15 Exhibit ACity of Santa ClaraSummary of Local Agency Improvement Fees(AB 1600 Development Impact Fees)Report for Fiscal Year Ended June 30, 2022 Affordable Housing Fee (Fund 565)
FY 2020-21 Ending Fund Balance $ 131,284
Fees Collected 5,613,415
Interest Earned 15,878
FY 2021-22 Ending Fund Balance $ 5,760,577
Funds Accumulated in Current and Last 5 Years $ 5,760,577 Funds Held Longer than 5 Years $ -Projects Programmed for Impact Fees $ - Project
# Description
Project
Status
Total Project
Appropriation
All Funding
Sources
Funding
Status
%
Impact
Fee
Funded
Total Impact
Fee
Appropriation
Total Impact
Fee
Expenditures
Impact Fee
Appropriation
Remaining (1)
FY 2021-22
Impact Fee
Expenditure
Affordable Housing Fee (Fund 565)
Affordable Housing Fee
Since Inception Date Through June 30, 2022
Resolution/AB1600 Report on Development Impact Fees FYE June 30, 2022 Page 1 of 5 Rev: 12/22/22
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
ACCEPTING THE AB1600 REPORT ON DEVELOPMENT IMPACT
FEES FOR FISCAL YEAR ENDED JUNE 30, 2022 AND MAKING

FINDINGS REGARDING THE CONTINUING NEED FOR
UNEXPENDED BALANCES OF IMPACT FEES AS OF JUNE 30,
2022
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Government Code Sections 66000 et seq. (commonly known as, and referenced herein as, “AB1600”) regulate the imposition, collection, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying their impacts on public facilities;
WHEREAS, the City of Santa Clara (“City”) has identified eight (8) impact fees collected from developers that are subject to AB1600’s requirements. Those funds are the Traffic Mitigation Fee (Funds 123/533), the Sanitary Sewer Outlet Fee (Fund 594), the Sanitary Sewer Connection Fee (Fund 594), the Sanitary Sewer Conveyance Fee (Fund 594), the Storm Drain Fee (Fund 535), the Parks Mitigation Fee (Fund 532), the Tasman East Specific Plan Infrastructure Impact Fee (Fund 541), and the Affordable Housing Fee (Fund 565); WHEREAS, in accordance with the provisions of AB1600, the City has set up separate special revenue funds for each type of fee, crediting earned interest to those funds, and spending the accumulated fees and related interest on appropriate expenditures; WHEREAS, the City has prepared an annual report for fiscal year 2021-22 in accordance with AB1600, “AB1600 Report on Development Impact Fees for Fiscal Year ended June 30, 2022,” reflecting the beginning and ending balances of each separate fund containing impact fees; the amount of fees collected and the interest earned for the year; the amount of expenditures and refunds made in the year; the percentage of expenditures paid for by fees; and a description of the type of fees. The amount of each of these AB1600 fees for FY 2021-22 is reflected in the City’s Municipal Fee Schedule, previously adopted by this Council; Resolution/AB1600 Report on Development Impact Fees FYE June 30, 2022 Page 2 of 5 Rev: 12/22/22
WHEREAS, a copy of the annual report has been on file and available for review in the City Clerk’s Office and the Finance Department at Santa Clara City Hall, and online at Santaclaraca.gov/Finance since December 23, 2022;
WHEREAS, AB1600 requires the City to make specific findings every five (5) years with respect to any portion of the fees remaining unexpended or uncommitted after a period of five (5) years to 1) identify the purpose to which the fee is to be put, 2) demonstrate a reasonable relationship between the fee and the purpose for which it was charged, 3) identify all sources and amounts of funding anticipated to complete financing of the improvement, and 4) designate the approximate date on which such funding will be available; WHEREAS, the Traffic Mitigation Impact Fee, which was established for the purpose of providing a source of funding for traffic improvements, contains some fee revenues which were received more than five (5) years ago. The sum of $3,952,779 representing fees and accrued interest collected for traffic mitigation remains unexpended five (5) or more years after deposit of the fees;
WHEREAS, the Storm Drain Fee, which was established for the purpose of mitigating storm drainage that results directly or indirectly from development projects, contains some fee revenues which were received more than five (5) years ago. The sum of $216,873 representing fees and accrued interest collected for storm drainage mitigation remains unexpended five (5) or more years after deposit of the fees;
WHEREAS, the Sanitary Sewer Conveyance Fee, which was established for the purpose of mitigating sanitary sewer conveyance load that results directly or indirectly from development projects, contains some fee revenues which were received more than five (5) years ago. The sum of $9,730,436 representing fees and accrued interest collected for sewer conveyance mitigation remains unexpended five (5) or more years after deposit of the fees; and WHEREAS, the City desires to make the findings required by law with respect to these unexpended fees.

Resolution/AB1600 Report on Development Impact Fees FYE June 30, 2022 Page 3 of 5 Rev: 12/22/22

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

1. That the City Council hereby accepts the attached AB1600 Report on Development Impact Fees for Fiscal Year ended June 30, 2022 (“Report”), and makes the following findings:

A. The Traffic Mitigation Impact Fee revenues are to be used to construct traffic improvements needed by new development. The amount of the fee for different land use types is proportionate to the need for traffic improvements generated by such land use types. This fee is still necessary as several projects are tied to larger development projects that have yet to occur. These development projects are still anticipated to take place based on the City’s General Plan. The traffic mitigation fee is set at a lower rate than justified, and as a result projects are underfunded. This has also slowed down progress on projects resulting in some project costs increasing. Periodically, as the City updates the General Plan and as new development occurs, additional improvement projects are identified and added to the Traffic Mitigation Fee Project List.

B. The portion of the $10,938,618 fund balance in the Traffic Mitigation Fund that was at least five (5) years old as of June 30, 2022, totals $3,952,779. The City will use the entire fund balance for the projects identified in Exhibit A of the Report which are programmed in the Capital Improvement Plan. The Traffic Mitigation Fund has projects scheduled in the current Capital Improvement Plan for the next five (5) years, and depends upon additional fees and interest each year. Projects identified in Exhibit A which are funded at less than 100% with Traffic Mitigation Impact Fees are funded by other sources totaling $12,169,043. Remaining appropriations totaling $7,393,875 from the other sources are as follows: Reimbursable Grants $1,200,034; Bonds Proceeds $1,451,057; Curb Sidewalk Fee $101,081, Measure B $974,157, Gas Tax $17,144, Electric Utility Contribution $830,553; Regional Traffic Mitigation Fee $1,270,000, General Fund $1,400,000, and Developer Contributions $149,849. All these amounts have been received and are available except the Reimbursable Grants, Measure B, Resolution/AB1600 Report on Development Impact Fees FYE June 30, 2022 Page 4 of 5 Rev: 12/22/22
and Regional Traffic Mitigation Fee.

C. The Storm Drain Impact Fee revenues are to be used to mitigate City storm drainage that results either directly or indirectly from development projects. The amount of the fee is proportionate to the need for storm drainage improvements generated by development projects. This fee is still necessary as several storm drain projects are tied to larger development projects that have yet to occur. These development projects are still anticipated to take place based on the City’s General Plan. As new development occurs, additional improvement projects are identified and added to the Storm Drain Impact Fee Project List.

D. The portion of the $423,110 fund balance in the Storm Drain Impact Fee Fund that was at least five (5) years old as of June 30, 2022, totals $216,873. The City will use the entire fund balance for the projects identified in Exhibit A of the Report which are programmed in the Capital Improvement Plan. The Storm Drain Impact Fee Fund has projects scheduled in the current Capital Improvement Plan for the next five (5) years, and depends upon additional fees and interest each year. The project identified in Exhibit A which is funded at less than 100% with Storm Drain Impact Fees is funded by the General Fund Capital Project Reserve (CPR) totaling $972,008. The remaining appropriation from the CPR is $564,519.

E. The Sanitary Sewer Conveyance Fee was adopted in 2006-07 to address Sewer Main capacity deficiencies resulting from increased development.

F. The portion of the $44,853,964 fund balance in the Sanitary Sewer Conveyance Fees Fund that was at least five (5) years old as of June 30, 2022, totals $9,730,436. The City will use the entire fund balance for the projects identified in Exhibit A of the Report which are programmed in the Capital Improvement Plan. The Sanitary Sewer Conveyance Fee has projects scheduled in the current Capital Improvement Plan for the next five (5) years, and depends upon additional fees and interest each year. These projects are entirely funded by this fee and do not receive funding from any other sources.

Resolution/AB1600 Report on Development Impact Fees FYE June 30, 2022 Page 5 of 5 Rev: 12/22/22

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 31ST DAY OF JANUARY, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. AB1600 Report on Development Impact Fees FYE June 30, 2022 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1502 Agenda Date: 1/31/2023

REPORT TO COUNCIL

SUBJECT
Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting February 21, 2023 for Public Hearing and Adopt a Class 8 CEQA Categorical Exemption

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara has deemed the overgrowth of weeds on properties within the City a public nuisance. The City mandates that property owners conduct weed abatement activities through their own means in a timely manner. However, there are some property owners that, even with proper notification, do not comply with the weed abatement orders. As outlined in the City’s Municipal Code Chapter 8.15, the City authorizes the Fire Department to abate weeds on any non-compliant property.

DISCUSSION
The Fire Department requests to commence the 2022-2023 Weed Abatement Program for the forthcoming season. It is requested that the City Council, in accordance with Section 8.15 of the City Code, adopt the attached Resolution declaring weeds to be a public nuisance. Additionally, the Fire Department requests that Council authorize the posting of a Notice of Public Hearing scheduled for February 21, 2023, to hear public input regarding the proposed destruction and/or removal of weeds from non-compliant properties. The City contracts with Santa Clara County to perform all weed abatement services within the City.

ENVIRONMENTAL REVIEW
Santa Clara County has determined the Weed Abatement Program to be categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15308 “Actions by Regulatory Agencies for Protection of the Environment” as the action is authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment.

FISCAL IMPACT
The County’s costs of abatement are assessed to the parcel owner and are managed by the County.

Costs include inspection, correspondence, abatement services, and cost recovery collection. There is generally no cost to the City other than staff time and expense that are included in the Fire Department Operating Budget. In the event the amount of reimbursement through the assessment process is not sufficient for the costs of the program, the County will invoice the City and the other participating jurisdictions on a pro-rata share basis and the costs will be absorbed in the Fire Department’s Operating Budget. The pro-rata share formula developed by the County is based on City of Santa Clara Page 1 of 2 Printed on 1/26/2023
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23-1502 Agenda Date: 1/31/2023
the percentage of work performed within each of the jurisdictions.

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

RECOMMENDATION

1. Adopt a Resolution ordering the abatement of nuisance consisting of growing weeds in the City;

2. Set February 21, 2023 as the date for the required Public Hearing; and

3. Adopt a Class 8 Categorical Exemption under CEQA Guidelines Section 15308.

Reviewed by: Ruben Torres, Fire Chief
Approved by: City Manager’s Office

ATTACHMENTS

1. Resolution - 2023_01-31 (Resolution Declaring Weeds a Nuisance)

2. Public Notice - 2023_01-31 Notice to Destroy Weeds
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Resolution/Declaring Weeds a Public Nuisance Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

DECLARING WEEDS TO BE A PUBLIC NUISANCE AND

SETTING A HEARING DATE FOR THE CITY COUNCIL TO HEAR

PUBLIC INPUT REGARDING THE PROPOSED DESTRUCTION

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

WHEREAS, weeds are growing in the City of Santa Clara upon streets, alleys, sidewalks and upon private property; these weeds bear seeds of a wingy or downy nature or may grow and, when dry, become a fire menace or those weeds that are otherwise noxious and dangerous; and,
WHEREAS, Santa Clara City Code § 8.15.030 authorizes the City Council to pass a resolution declaring such weeds to be a public nuisance, and states that unless such a nuisance is abated, the work of abating the nuisance shall be done by the City, with the expenses assessed upon the lots from which the weeds are removed.

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

1. That these weeds constitute and will continue to constitute a public nuisance, and it is ordered that this public nuisance be abated in the manner provided in Chapter 8.15 [entitled "Weeds" ] of Title 8 [entitled “Health and Safety”] of "The Code of the City of Santa Clara, California" and the "Agreement for the Abatement of Weeds by County of Santa Clara for City of Santa Clara" (a copy is on file in the office of the City Clerk).

2. That on February 21, 2023 at 7:00 p.m., or as soon as the matter may be heard, in the Council Chambers of the City of Santa Clara, public comment regarding the proposed destruction or removal of weeds shall be heard.

3. That the City Manager, or their designee, is hereby directed to cause notice of the adoption of this resolution and notice of this hearing to be given by posting and by publication in the manner and form provided in §§ 8.15.030, 8.15.040 and 8.15.080 of "The Code of the City Resolution/Declaring Weeds a Public Nuisance Page 2 of 2 Rev: 11/22/17
of Santa Clara, California.”

4. That the Santa Clara County Agricultural Commissioner is also directed to give notice by mail to the owner or owners of each individual parcel of land upon which weeds will be abated by the City at least ten (10) calendar days prior to such abatement. Before the expiration of the ten-day period, any owner may voluntarily proceed to abate the nuisance. The notice may be given by mail, addressed to the owner at the last known address as shown on the last County Equalized Assessment Roll.

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 ___ DAY OF _________, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
City of Santa Clara
Notice to Destroy Weeds
NOTICE IS HEREBY GIVEN that on January 31, 2023, pursuant to the provisions of § 8.15 et seq. of the Code of the City of Santa Clara, California, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in § 8.15.010 of the Code of the City of Santa Clara, constitute a public nuisance; this nuisance must be abated by the removal of the weeds.

NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove all weeds from their property and the abutting half of the street in front and alleys, if any, behind the property and between the lot lines as extended, or the weeds will be destroyed or removed and the nuisance abated by the County authorities, in which case the cost of the destruction or removal will be assessed upon the lots and lands from which or from the front or rear of which, the weeds have been destroyed or removed, and the cost will constitute a lien upon the lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected.

All property owners wanting to provide input regarding the proposed destruction or removal of the weeds are hereby notified to attend a meeting, either in person or remotely, of the City Council of the City of Santa Clara to be held in the Council Chambers of the City Hall, 1500 Warburton Avenue, Santa Clara, California, on February 21, 2023, at 7:00 p.m., to have their comments heard by the City Council. The link for remote attendance can be found on the City of Santa Clara website.

AMERICANS WITH DISABILITIES ACT (ADA). The City complies with the Americans with Disabilities Act (ADA). If you need additional information or assistance, please contact the City’s ADA Coordinator at (408) 615-3000.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1537 Agenda Date: 1/31/2023

REPORT TO COUNCIL

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

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

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

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

Estimate Number: 37401
Location: 2201 Laurelwood Drive
Type of Service: New Business
Description of Work: Remove (2) vacuum disconnect switches, approximately 1,600' of 1100 aluminum cable, (27) elbow terminations and 12kV metering devices. Install approximately 20' of 1100 aluminum 15kV triplex underground cable, (3) 600A elbow terminations and (6) splices.

Estimated Cost: $35,564
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 36311
Location: 2905 Stender Way
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23-1537 Agenda Date: 1/31/2023
Type of Service: New Business
Description of Work: Install (2) new vacuum disconnect switches, approximately 4,770' of 1100 aluminum 15 kV underground cable, approximately 400' of 1/0 aluminum 15 kV underground cable, multiple elbows and splices, (2) padmount transformers, and 12 kV metering devices.

Estimated Cost: $386,127
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38406
Location: Corner of Shulman Avenue & Memorex Drive
Type of Service: Reliability
Description of Work: Replace approximately 150' of 500 MCM copper secondary cables to facilitate conduit relocation in conflict with new transmission pole.

Estimated Cost: $8,683
Appropriation: Electric Utility Capital Fund (591) Project 2006 - Distribution Capital Maintenance and Betterments
Source of Revenue: Customer Service Charges
Estimate Number: 35881 Rev1
Location: 2201 Laurelwood Drive
Type of Service: New Business
Description of Work: Remove temporary power service transformer, metering and cable feed.

Install approximately 2400' of 1/0 aluminum 15 kV underground cable, (18) 200A elbows, (21) 1/0 aluminum cable splices and (2) 112 kVA 120/208 volt padmount transformers and secondary connections.

Estimated Cost: $104,440
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37520 Rev1
Location: 2201 Laurelwood Drive
Type of Service: New Business
Description of Work: Install (2) new vacuum disconnect switches and install approximately 1000' of 1100 aluminum 15 kV underground cable, approximately 1200' of 1/0 aluminum 15kV underground cable, (21) 600A elbows, (12) 200A elbows, (9) 1100 aluminum cable splices, and (9) 1/0 aluminum cable splices. Install 1000 kVA temporary power padmount transformer, secondary connections and 2000A 277/480V metering devices.

Estimated Cost: $218,898
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37814
Location: 2590 Walsh Avenue
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23-1537 Agenda Date: 1/31/2023
Type of Service: New Business
Description of Work: Install new vacuum disconnect switch and (2) 112 kVA 120/208 volt padmount transformers. Install approximately 1100' of 1100 aluminum 15 kV underground cable, approximately 60' of 1/0 aluminum 15 kV underground cable (12) 600A elbows, (18) 200A elbows, (6) 1100 aluminum cable splices, and secondary connectors.

Estimated Cost: $135,802
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37420
Location: 3500 El Camino Real
Type of Service: New Business
Description of Work: Install new 300 kVA 277/480 volt padmount transformer and metering devices for new 600A 277/480 volt switchgear. Install approximately 75' of 1/0 aluminum 15 kV underground cable, (6) 200A elbows, (6) 1/0 aluminum cable splices, and secondary connectors.

Estimated Cost: $25,712
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38322
Location: 795 Comstock Street
Type of Service: Load Increase
Description of Work: Upgrade existing service drop for increased capacity.

Estimated Cost: $3,334
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 38394
Location: 3510 Bassett Street
Type of Service: Load Increase
Description of Work: Replace padmount transformer for commercial service upgrade.

Estimated Cost: $28,160
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
Estimate Number: 37417
Location: 159 Brookside Avenue
Type of Service: New Business
Description of Work: Upgrade riser and install cable to connect existing pull box to new pull box for customer's service.

Estimated Cost: $4,221
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate City of Santa Clara Page 3 of 4 Printed on 1/26/2023
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23-1537 Agenda Date: 1/31/2023
Work
Source of Revenue: Customer/Developer Contribution

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to the following section of Title 14 of the California Code of Regulations: (1) section 15302(c) as the proposed work involves the replacement or reconstruction of existing utility systems and facilities with a negligible expansion of capacity, and (2) 15303 because the proposed work involves the construction of a limited number of small electric utility facilities.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $950,941 are included in the Fiscal Year 2022/23 Capital Budget, as indicated by each project appropriation. Of that total amount, $942,258 is in New Business Estimate Work and $8,683 is in the Transmission and Distribution Capital Maintenance and Betterment Capital Improvement Projects in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

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

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

RECOMMENDATION
Determine the proposed actions are exempt from CEQA pursuant to Sections 15302(c) and 15303 of Title 14 of the California Code of Regulations and adopt a Resolution authorizing the use of City Electric Forces for work detailed in this report to Council at 2201 Laurelwood Drive, 2905 Stender Way, Corner of Shulman Avenue & Memorex Drive, 2201 Laurelwood Drive, 2590 Walsh Avenue, 3500 El Camino Real, 795 Comstock Street, 3510 Bassett Street, and 159 Brookside Avenue.

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

ATTACHMENTS

1. Resolution - Use of City Electric Forces
City of Santa Clara Page 4 of 4 Printed on 1/26/2023
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Resolution/Use of City Electric Forces Page 1 of 2
Rev: 03-09-18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

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

WHEREAS, the City of Santa Clara’s Charter section 1310 requires all contracts involving an expenditure of over $1,000 for the construction or improvement (excluding maintenance and repair) of a public works project to be let to the lowest responsible bidder; WHEREAS, Charter section 1310 permits the City to use its own employees if the City Council, by motion passed by at least four affirmative votes, determines that the public works may be done better or more economically by the City’s own employees, and, upon such determination, the City may proceed to have the public works project completed without further observance of Charter section 1310;
WHEREAS, the City’s Electric Department desires to perform certain public works, as set forth in the Report to Council, dated January 31, 2023, by its own employees; and WHEREAS, the City’s Electric Department has presented facts supporting that the work in question may be performed better or more economically by the City with its own employees.

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

1. The City Council of the City of Santa Clara does hereby declare and determine that the public works project set forth in the 22-1537 Report to Council, attached hereto and incorporated by this reference, may be performed better or more economically by the City with its own employees.
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Resolution/Use of City Electric Forces Page 2 of 2
Rev: 03-09-18

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, 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: January 31, 2023, Report to Council #22-1537.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-39 Agenda Date: 1/31/2023

REPORT TO CITY COUNCIL

SUBJECT
Action on the Approval of Officer Wellness and Mental Health Grant Program Funding from the Board of State and Community Corrections and Approve Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Officer Wellness and Mental Health Grant Program, established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources.

DISCUSSION
The Board of State and Community Corrections (BSCC) is responsible to process disbursements to eligible law enforcement agencies.

The Santa Clara Police Department (Police Department) meets the requirements to receive a onetime allocation from the Officer Wellness and Mental Health Grant Program. The award amount was determined by the number of officers as described in Penal Code section 830.1. The Police Department will receive $98,292 to be used for any of the following purposes:
· Establishing or expanding officer wellness units
· Establishing or expanding peer support units
· Services provided by a licensed mental health professional, counselor or other professional that works with law enforcement
· Expanding multiagency mutual aid programs focused on officer wellness and mental health · Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness
In early 2023, the Police Department will participate in a webinar to learn more about the funding guidelines, reporting requirements and corresponding deadlines.

Over the years, the Police Department has implemented physical, mental/emotional, spiritual, financial, occupational and environmental programs led by volunteers with expertise in these areas.

In July 2022, the Police Department initiated a six-month pilot program by hiring a Wellness Coordinator. The Wellness Coordinator was expected to rely on the strong foundation currently being voluntarily led by department members in collateral assignments and was charged with increasing participation in these initiatives, identifying service gaps, delivering new resources and bringing much needed consistency to these very important programs. The Officer Wellness and Mental Health Grant City of Santa Clara Page 1 of 3 Printed on 1/26/2023
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23-39 Agenda Date: 1/31/2023
Program funding will enhance the Police Department’s ability to implement solutions that mitigate burnout, exhaustion, anxiety, depression, injury, trauma and chronic stress associated with working in law enforcement.

The grant will close on December 1, 2025. Any remaining funds at the conclusion of the grant must be returned to the BSCC; those funds will then be returned to the state’s general fund.

ENVIRONMENTAL REVIEW
This 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
Acceptance of this $98,292 in BSCC funding is in line with the Police Departments ongoing commitment to employee well-being. The budget amendment below recognizes the grant amount and appropriates it to the Police Department in the Police Operating Grant Trust Fund.

Budget Amendment
FY 2022/23
Current Increase/
(Decrease)
Revised
Police Operating Grant Trust Fund
Revenue
Grant Funding - Board of State and
Community Corrections
$0 $98,292 $98,292
Expenditure
Board of State and Community
Corrections
$0 $98,292 $98,292
There will be an unknown amount of staff time required to attend funding guideline webinar(s), complete reporting obligations and associated administrative requirements. Further details will be provided by BSCC in the coming months however there is no indication these administrative expenses will be reimbursable through this funding source.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s City of Santa Clara Page 2 of 3 Printed on 1/26/2023
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23-39 Agenda Date: 1/31/2023
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 Officer Wellness and Mental Health Grant Program Funding from the Board of State and Community Corrections; and

2. Approve the FY 2022/23 budget amendment in the Police Operating Grant Trust Fund to recognize grant revenue in the amount of $98,282 and establish a Board of State and Community Corrections appropriation in the amount of $98,282 (five affirmative Council votes required to appropriate additional revenue) .

Reviewed by: Pat Nikolai, Chief of Police
Approved by: Rajeev Batra, City Manager’s Office
City of Santa Clara Page 3 of 3 Printed on 1/26/2023
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-52 Agenda Date: 1/31/2023

REPORT TO COUNCIL

SUBJECT
Action on Appointments to City Committees and Outside Agency Committees for the 2023 Calendar Year

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Annually, the Mayor proposes appointments of City Councilmembers to serve as members or alternate members on the City Committees and Outside Agency Committees.

DISCUSSION
The 2023 proposed City Committees lists are set forth as exhibits to this report as attachments and are also outlined below:
· Proposed 2023 City Committees List - clean (Attachment 1) · Proposed 2023 City Committees List - redline (Attachment 2) · Proposed 2023 Outside Agency Committees List - clean (Attachment 3) · Proposed 2023 Outside Agency Committees List - redline (Attachment 4) For the 2023 Outside Agency Committees list, proposed appointments remain the same from 2022 with the following changes:
· Removal of the Santa Clara/Santa Cruz Counties Airport/Community Roundtable from the list since the group was terminated on December 31, 2021
· Santa Clara University Liaison / Neighborhood-University Relations Committee (NURC): Add Councilmember Suds Jain as a Member and Councilmember Anthony Becker as an Alternate · Stevens Creek Corridor Steering Committee: This Committee was added to the list with Mayor Lisa Gillmor and Councilmember Anthony Becker as Members Please note, the City of Santa Clara continues to have staffing issues and scheduling of certain committees will depend on staff resources. For example, the Economic Development, Communications and Marketing Committee may not get scheduled until staff resources are in place to support this committee.

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

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

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

RECOMMENDATION
Approve the appointments to the 2023 City Committees and Outside Agency Committees.

Prepared by Maria Le, Assistant to the City Manager, Mayor and Council Office Approved by Mayor Lisa M. Gillmor

ATTACHMENTS

1. Proposed 2023 City Committees List - clean

2. Proposed 2023 City Committees List - redline

3. Proposed 2023 Outside Agency Committees List - clean

4. Proposed 2023 Outside Agency Committees List - redline City of Santa Clara Page 6 of 6 Printed on 1/26/2023
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Updated 01-31-23
Council Appointments to City Committees
CITY COMMITTEES (City staff responsible for preparing and posting the agendas for the meetings).

1. Americans with Disabilities Act (ADA) Committee:

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

2. Audit Committee:

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

3. Bicycle Pedestrian Advisory Committee (BPAC):

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

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Karen Hardy (Chair) Alternate: Suds Jain Staff Members: Director of Public Works, Traffic Engineer, Police Department Traffic Sergeant, City Attorney
Staff Liaison: Carol Shariat, Principal Transportation Planner Phone: 408-615-3024 Originally established on May 14, 1991, the Committee was established to explore developing safe bicycle lanes and routes on City streets. The Committee name and duties was revised in March 25, 2014 to include pedestrian aspects and to also provide input on non-engineering activities to increase pedestrian and bicycle usage in the City.

4. Economic Development, Communications, and Marketing Committee:

Date: The Committee is currently on hiatus due to staffing capacity.

Time: TBD
Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Anthony Becker (Chair), Kathy Watanabe, Kevin Park Alternate: Raj Chahal Staff Members: City Manager, Assistant City Manager, Director of Communications, City Attorney Staff Liaison: TBD Phone: 408-615-2210

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Updated 01-31-23
The Economic Development, Communications, and Marketing Committee was established by Council action on February 5, 2019, to consolidate the Economic Development Committee and the Marketing Committee. The Committee focuses proactive economic development and effective communication, as well as reviews the City’s marketing and branding strategies.

5. Governance and Ethics Committee:

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

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Suds Jain (Chair), Lisa Gillmor, Raj Chahal Alternate: Kevin Park Staff Members: City Manager, City Attorney, City Clerk
Staff Liaison: Maria Le Phone: 408-615-5517
The Governance and Ethics Committee was established by Council action on February 5, 2019, to consolidate the Governance Committee, Ethics Committee, and the Facilities Naming and Honorary Recognition Ad Hoc Committee. The Committee focuses on the refinement or establishment of policies and procedures regarding City Council operations and general good government practices, as well as the further implementation of the City’s Code of Ethics & Values program. This committee is also responsible for reviewing requests for facility naming and honorary recognitions.

6. Ad Hoc Stadium Audit Committee:

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

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Council Appointments to City Committees
CITY COMMITTEES (City staff responsible for preparing and posting the agendas for the meetings).

1. Americans with Disabilities Act (ADA) Committee:

2. Audit Committee:

3. Bicycle Pedestrian Advisory Committee (BPAC):

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

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Karen Hardy (Chair) Alternate: Suds Jain Staff Members: Director of Public Works, Traffic Engineer, Police Department Traffic Sergeant, City Attorney
Staff Liaison: Marshall JohnsonCarol Shariat, Associate Civil EngineerPrincipal Transportation Planner Phone: 408-615-30243
Originally established on May 14, 1991, the Committee was established to explore developing safe bicycle lanes and routes on City streets. The Committee name and duties was revised in March 25, 2014 to include pedestrian aspects and to also provide input on non-engineering activities to increase pedestrian and bicycle usage in the City.

4. Economic Development, Communications, and Marketing Committee:

Date: Meets on the third Wednesday of February, May, August, and NovemberTBD. The Committee is currently on hiatus due to staffing capacity.

Time: 3:00 p.m.TBD
Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Anthony Becker (Chair), Kathy Watanabe, Kevin Park Alternate: Raj Chahal Staff Members: City Manager, Assistant City Manager, Director of Communications, City Attorney

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Last ApprovedUpdated 01-3125-232

Staff Liaison: TBD Phone: 408-615-2210
The Economic Development, Communications, and Marketing Committee was established by Council action on February 5, 2019, to consolidate the Economic Development Committee and the Marketing Committee. The Committee focuses proactive economic development and effective communication, as well as reviews the City’s marketing and branding strategies.

5. Governance and Ethics Committee:

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

Location: City Hall Council Chambers
1500 Warburton Avenue, Santa Clara
Councilmembers: Suds Jain (Chair), Lisa Gillmor, Raj Chahal Alternate: Park Staff Members: City Manager, City Attorney, City Clerk
Staff Liaison: TBD Maria Le
Phone: 408-615-22105517
The Governance and Ethics Committee was established by Council action on February 5, 2019, to consolidate the Governance Committee, Ethics Committee, and the Facilities Naming and Honorary Recognition Ad Hoc Committee. The Committee focuses on the refinement or establishment of policies and procedures regarding City Council operations and general good government practices, as well as the further implementation of the City’s Code of Ethics & Values program. This committee is also responsible for reviewing requests for facility naming and honorary recognitions.

6. Ad Hoc Stadium Audit Committee:

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

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

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

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

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

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

Location: Locations may rotate central to the three-county district Contact: Nicole Sandkulla Phone: (650) 349-3000
Councilmember: Karen Hardy
Staff Member: Director of Water and Sewer Utilities
Established in February 2003 to allow the City to have a greater voice in planning and funding of improvements in the Hetch-Hetchy regional water supply system. BAWSCA term is four years (June 2018-2022) and has only one representative (no alternate). $100 stipend for meeting attendance.

3. Caltrain Modernization Local Policymaker Group (CalMod):

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

Location: Via Zoom or additional location, if any, TBD
Contact: Devon Ryan Phone: (650) 730-6172
Councilmember: Anthony Becker Alternate: Raj Chahal
Staff Member: Director of Public Works (advisor only, does not attend meetings) Established by Caltrain Joint powers Board for Caltrain modernization/electrification. Members represent cities along the Caltrain corridor. No stipend for attendee.

4. Cities Association of Santa Clara County:

Contact: Audin Leung, Board Clerk
P.O. Box 3114, Los Altos, CA 95024
Phone: (408) 314-7440
A. Board of Directors:

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

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

B. City Selection Committee:

Date: Meets on call

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Updated 1-31-23
Time: 6:45 p.m. (Immediately before the Board of Directors meeting) Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Suds Jain Alternate: Kevin Park
Staff Member: City Manager or Assistant City Manager
Established to promote cooperation among the fifteen cities of Santa Clara County and to promote legislative action that will affect local control.

C. Legislative Action Committee:

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

5. City/Mission College Liaison Committee:

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

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

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

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

7. Grand Boulevard Initiative Task Force/El Camino Real:

Date: In lieu of regular meetings, there will be annual convening(s) on specific topics that are trending and/or of interest to the members.

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

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8. Human Trafficking Commission:

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

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

9. Northern California Power Agency (NCPA):

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

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

10. Police Activities League (PAL):

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

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

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

11. Peninsula Division of the League of California Cities:

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

No stipend for attendee.

12. Joint Recycled Water Policy Advisory Committee:

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Updated 1-31-23
Councilmember: Karen Hardy Alternate: Kathy Watanabe
Staff Member: Director of Water and Sewer Utilities
Established in 2010 to review and advise the Santa Clara Water District and the City of San Jose (lead agency for the San Jose/Santa Clara Water Pollution Control Plant) on all policy issues related to recycled water including operations and capital improvements.

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

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

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

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

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

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

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

Location: San Jose City Hall, 200 East Santa Clara Street, Room T-1352, San Jose
Contact: City of San Jose Finance Department Phone: (408) 535-7010 Councilmembers: Kathy Watanabe, Kevin Park Alternate: Suds Jain Staff Member: Director of Water and Sewer Utilities

Page 5 of 7 ends

Updated 1-31-23

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

Date: Meets second Thursday every month (third Thursday in May, due to budget; no meeting in July)
Time: 4:00 p.m. (if there are other meetings, this group would meet last) Location: San Jose City Hall, City Manager’s Office, 17th floor, Room 1734, San Jose Contact: April Kellett, City of San Jose
Environmental Services
Phone: (408) 975-2547
Councilmembers: Kathy Watanabe, Karen Hardy Alternate: Lisa Gillmor Staff Member: Director of Water and Sewer Utilities
Reviews and advises the City of San Jose City Council on all issues relating to the operation and capital improvement of the San Jose/Santa Clara Water Pollution Control Plant. $100 stipend for regular meeting attendance.

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

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

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

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

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

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

Location: Mission Branch Library
Councilmembers: Raj Chahal (Chair), Lisa M. Gillmor, Suds Jain
Alternate: Anthony Becker
Staff Members: City Manager, Director of Community Development, Code Enforcement Technician, Chief of Police
Established in 1990 to review student housing issues (formerly Student Housing Committee).

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

Page 6 of 7 ends

Updated 1-31-23

20. Santa Clara Valley Transportation Authority (SCVTA):

Contact: Board Secretary, SCVTA Phone: (408) 321-5680
A. Board of Directors:

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

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

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

B. Policy Advisory Committee:

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

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

21. Santa Clara Valley Water Commission (SCVW):

Date: Meets quarterly in January, April (2nd Wednesday), July, and October on the fourth Wednesday of the month
Time: 12:00 p.m.

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

22. Silicon Valley Animal Control Authority (SVACA):

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

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

Page 7 of 7 ends

Updated 1-31-23

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

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

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

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

24. Stevens Creek Corridor Steering Committee
Date: Meets as-needed basis
Time: Typically meets at 11:00 a.m.

Location: Locations alternate
Contact: City of San Jose – District 1 Phone: (408) 535-4901 Councilmembers: Lisa Gillmor, Anthony Becker
Primary: City of San Jose – Council District 1 Councilmember Rosemary Kamei In 2019, the cities of Cupertino, Santa Clara, San José, and Santa Clara County adopted resolutions in support of a vision study of the Stevens Creek Corridor, formalizing interest in creating a common vision for high-capacity transit along the Stevens Creek Corridor that will improve mobility and its interrelationship with walking, biking, placemaking, and enhancing the quality of life for all community members in a seamless manner. A steering committee of elected officials from the participating jurisdictions formed to provide a forum for their elected representatives to meet, discuss and provide direction on a common vision for the Stevens Creek Corridor.

25. Triton Museum of Art Liaison Committee:

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

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

Page 1 of 8 ends

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

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

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

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

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

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

3. Caltrain Modernization Local Policymaker Group (CalMod):

Date: Meets monthly on the fourth Thursday; except in December, meets on the third Thursday
Time: 5:30 p.m. – 7:300 p.m.

Location: Via Zoom or Caltrain Joint Powers Authority Board Headquarters Bacciocco Auditorium, 1250 San Carlos Avenue, San Carlos, CA 94070additional location, if any, TBD
Contact: Jadie WasilcoDevon Ryan,
[email protected]
Phone: (650) 465-6301730-6172
Councilmember: Anthony Becker Alternate: Raj Chahal
Staff Member: Director of Public Works (advisor only, does not attend meetings) Established by Caltrain Joint powers Board for Caltrain modernization/electrification. Members represent cities along the Caltrain corridor. No stipend for attendee.

4. Cities Association of Santa Clara County:

Contact: Andi Jordan, Audin Leung,
Executive DirectorBoard Clerk
P.O. Box 10793114, Los GatosAltos,
CA 9502431
Phone: (408) 766-9534314-7440
A. Board of Directors:

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

Page 2 of 8 ends

Last ApprovedUpdated 1-3125-232

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

B. City Selection Committee:

Date: Meets on call
Time: 6:45 p.m. (Immediately before the Board of Directors meeting) Location: Sunnyvale City Hall, 456 West Olive Avenue, Sunnyvale Councilmember: Suds Jain Alternate: Kevin Park
Staff Member: City Manager or Assistant City Manager
Established to promote cooperation among the fifteen cities of Santa Clara County and to promote legislative action that will affect local control.

C. Legislative Action Committee:

5. City/Mission College Liaison Committee:

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

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

7. Grand Boulevard Initiative Task Force/El Camino Real:

Date: Meets quarterly on the last Wednesday in March, June, September and DecemberIn lieu of regular meetings, there will be annual convening(s) on specific topics that are trending and/or of interest to the members.

Time: 10:00 a.m.TBD

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Last ApprovedUpdated 1-3125-232

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

8. Human Trafficking Commission:

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

9. Northern California Power Agency (NCPA):

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

10. Police Activities League (PAL):

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

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

11. Peninsula Division of the League of California Cities:

Page 4 of 8 ends

Last ApprovedUpdated 1-3125-232

Staff Member: City Manager
Established to encourage greater participation in the Division’s activities, thereby creating a strong and unified voice for cities in the Peninsula Division. The responsibilities of the liaison include keeping the Council informed about and engaged in the Division’s legislative activities, to provide periodic League updates at Council meetings and to attend Division and League events whenever possible.

No stipend for attendee.

12. Joint Recycled Water Policy Advisory Committee:

Date: Meets third Thursday in April and as needed
Location: Alternates annually between San Jose City Hall (even years) and the Santa Clara Valley Water District Headquarters, San Jose (odd years) Contact: Jeff Provenzano, City of San Jose
Environmental Services
Phone: (408) 277-3288
Councilmember: Karen Hardy Alternate: Kathy Watanabe
Staff Member: Director of Water and Sewer Utilities
Established in 2010 to review and advise the Santa Clara Water District and the City of San Jose (lead agency for the San Jose/Santa Clara Water Pollution Control Plant) on all policy issues related to recycled water including operations and capital improvements.

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

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

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

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

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

Page 5 of 8 ends

Last ApprovedUpdated 1-3125-232

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

Lisa Gillmor

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

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

18. Santa Clara/Santa Cruz Counties Airport/Community Roundtable Disbanded - Remove Date: Meets on the fourth Wednesday of every other month beginning in January Time: TBD
Location: Varies
Contact: Cities Association of Santa Clara County Phone: (408) 766-9534 Andi Jordan
Executive Director
P.O. Box 1079, Los Gatos, CA 95031
Councilmember: Kathy Watanabe Alternate: Raj Chahal
Staff Member: City Manager
On July 2018, the Council approved for the City to become a member of the Committee, which is scheduled to convene for the first time within the coming months. Participation in the Roundtable will allow the City of Santa Clara to contribute to policy solutions that mitigate aircraft noise in affected communities, as well as create partnerships with neighboring cities, counties, airports and the Federal Aviation Administration.
189. Santa Clara Sister Cities Association
Date: Meets as needed
Time: 7:00 p.m.

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Last ApprovedUpdated 1-3125-232

201

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

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

Location: Mission Branch Library
Councilmembers: Raj Chahal (Chair), Lisa M. Gillmor, Suds Jain Anthony Becker
Alternate: Kevin ParkAnthony
Becker
Staff Members: City Manager, Director of Community Development, Code Enforcement Technician, Chief of Police
Established in 1990 to review student housing issues (formerly Student Housing Committee).

Contact: Board Secretary, SCVTA Phone: (408) 321-5680
A. Board of Directors:

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

B. Policy Advisory Committee:

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

Page 7 of 8 ends

Last ApprovedUpdated 1-3125-232

212. Santa Clara Valley Water Commission (SCVW):

Date: Meets quarterly in January, April (2nd Wednesday), July, and October on the fourth Wednesday of the month
Time: 12:00 p.m.

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

Location: SVACA Headquarters, 3370 Thomas Road, Santa Clara Contact: Heidi Springer Phone: (408) 764-0350
Councilmember: Raj Chahal Alternat
e:

Anthony Becker
Staff Member: Police Department Patrol Lieutenant
Established in 2000 to provide animal control field services and shelter services for the participating cities. The Board is comprised of four members representing the participating cities of Santa Clara, Campbell, Monte Sereno and Mountain View. No stipend for attendee.

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

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

Page 8 of 8 ends

Last ApprovedUpdated 1-3125-232

24. Stevens Creek Corridor Steering Committee
Date: Meets as-needed basis
Time: Typically meets at 11:00 a.m.

255. Triton Museum of Art Liaison Committee:

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

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-65 Agenda Date: 1/31/2023

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to Accept Partial Donations from the Magical Bridge Foundation and Make Partial Payments to the Magical Bridge Foundation for the Central Park Magical Bridge Playground Project

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On June 25, 2019 (RTC 19-641) the City Council authorized agreements with the Magical Bridge Foundation and with Groundswell Design Landscape Architects for a Magical Bridge Playground in Santa Clara, also known as the Central Park Magical Bridge Playground Capital Improvement Program (CIP) Project. Details of the contracts are included below:

Magical Bridge Foundation
Under the Magical Bridge Agreement, the City was obligated to pay Magical Bridge $500,000 for the following services:
· Assist in community engagement
· Assist in and review project design
· License the City to use the Magical Bridge brand
· Commit to fundraise $1 million towards the Project
Groundswell Landscape Architects
The Groundswell Agreement for $479,500. Groundswell will:
· Provide community outreach
· Complete the schematic design
· Complete the construction drawings and specifications (PS&E) · Provide bid support
· Provide construction support.

The construction bid for the project closed on January 19, 2023, and staff will have a future Council item regarding contract award.

DISCUSSION
As part of the agreement, Magical Bridge was required to fundraise $1.0 million for the Central Park Magical Bridge Playground CIP project. Once the fundraising was completed, the funds would be transferred to the City and the City would pay Magical Bridge $100,000 (see Attachment 1 - Appendix City of Santa Clara Page 1 of 3 Printed on 1/26/2023
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23-65 Agenda Date: 1/31/2023
B Milestones Payments). Per Magical Bridge staff, due to the COVID-19 pandemic, they have not been able to raise the full $1.0 million.

At this time Magical Bridge would like to transfer the current donated funds to the City (minus the donation processing fees as described in the agreement). After the funds are transferred to the City, the City would pay an equivalent percentage of the $100,000 milestone payment. It is expected the donated amount will be approximately $600,000, so the City would pay approximately $60,000 to Magical Bridge. Magical Bridge has communicated they will continue to fundraise, and if additional funds are provided in the future, an equivalent percentage would be paid to Magical Bridge. As an example, if in the future Magical Bridge submits another $150,000 donation, the City would pay Magical Bridge $15,000.

While the current agreement did not include or preclude partial payments, staff wanted to bring this item to Council to clarify the authority to do partial payments.

FISCAL IMPACT
The Central Park Magical Bridge Playground CIP project budget assumes $1.0 million in donations raised by the Magical Bridge Foundation and the Magical Bridge Agreement includes a $100,000 payment to the Magical Bridge Foundation for the fundraising work. The recommended action allows the partial receipt of donations and the associated partial payment to the Magic Bridge Foundation. It is anticipated that $600,000 in donations will be received at this time, with $60,000 paid to the Magical Bridge Foundation for fundraising efforts. Additional donations may be received in the future.

If total donations fall below the $1.0 million level assumed in the budget, park in-lieu fees would potentially provide the additional project funding if necessary. The Project funding sources include developer contributions, donations, park in-lieu fees, General Fund Capital Project Reserve, the Santa Clara All-Inclusive Playground Grant Program, and the California Department of Parks and Recreation Office of Grants and Local Services. Any budget amendment would be brought forward with the contract award, taking into consideration the updated project costs based on the bids and the anticipated donation funding.

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

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23-65 Agenda Date: 1/31/2023

RECOMMENDATION
Authorize the City Manager to accept partial donations from the Magical Bridge Foundation and make partial payments to the Magical Bridge Foundation for the Central Park Magical Bridge Playground Project.

Reviewed by: Manuel Pineda, Assistant City Manager
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Agreement - Magical Bridge Foundation
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1514 Agenda Date: 1/31/2023

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of November 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 March 27, 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 be performed in compliance with applicable laws, including the City Code. Since March 27, 2019, staff received direction to pay Stadium Authority invoices related to SBL sales and services, insurance, and utilities.

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

Subsequent to that direction, Stadium Authority staff met with the Stadium Manager on April 12, 2022 to review documentation for shared expenses. Following meetings with the Stadium Manager, payments related to compensation that were reviewed and approved were included in the September monthly payment.

Effective August 31, 2022, the Stadium Authority and Stadium Manager agreed to the timely payment of Shared Stadium Expenses and other budgeted expenses in accordance with the Annual Stadium Authority Budget-except for buffet expenses invoiced pursuant to Section 4.6.1 of the Stadium Lease.

The Stadium Authority maintains the right to confirm and dispute submitted charges from the 2021-22 fiscal year and subsequent years during a fiscal-year-end reconciliation/true-up, because of any concerns regarding improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or applicable law, among other reasons. The Stadium Authority may raise such questions with respect to any charge at any time before a fiscal year-end reconciliation/true-up and City of Santa Clara Page 1 of 3 Printed on 1/26/2023
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23-1514 Agenda Date: 1/31/2023
the Stadium Manager must assess and respond to such questions in good faith.

Expenses paid in November 2022 include:
· Payment totaling $161,656.17 to the City of Santa Clara for the following:
o $112,811.92 for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) o $48,844.25 for the Senior and Youth Fees collected ($0.35 per ticket) for two National Football League (NFL) games.
· Payments totaling $1,140,181.82 to Forty Niners Stadium Management Co, LLC for the following:
o $135,569.00 for November 2022 Stadium Manager Expenses - Security o $318,933.00 for November 2022 Stadium Manager Expenses - Stadium Ops o $207,406.00 for November 2022 Stadium Manager Expenses - Engineering o $48,914.00 for November 2022 Stadium Manager Expenses - Guest Services o $41,463.00 for November 2022 Stadium Manager Expenses - Grounds o $174,077.00 for November 2022 Stadium Manager Expenses - SBL Sales & Service o $81,710.00 for November 2022 Stadium Manager Expenses - Insurance o $26,443.82 for November 2022 Stadium Manager Expenses - Use of StadCo Tenant Improvements
o $51,887.00 for November 2022 Stadium Manager Expenses - Other G&A o $8,333.00 for November 2022 Stadium Manager Expenses - Lender Fees o $45,446.00 for November 2022 Stadium Manager Expenses - Naming Rights · Payment totaling $700.00 to ECS Imaging, Inc for SBL - Ongoing Processing for September 2022
· Payment to Hanson Bridgett LLP for October 2022 Legal Services · Payment totaling $14,101.00 to InTWO, Inc. for CapEx Proj - FMS Project The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorney-client privilege while the matters are active. In accordance with the Supreme Court’s ruling, 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 section 15378(b)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The fiscal impact to the Stadium Authority is itemized above.

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

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23-1514 Agenda Date: 1/31/2023

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

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

ATTACHMENTS

1. November 2022 SCSA Bills and Claims
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Payment Date Vendor Invoice No. Description Fund Amount 11/15/2022 Bank of America N/A October 2022 Bank Fees (Account 0444) CapEx 1,429.51 11/15/2022 Bank of America N/A October 2022 Bank Fees (Account 0425) Operating 230.62 1,660.13
11/14/2022 City of Santa Clara N/A B2221 SCSA Admin Payroll Costs Operating 54,227.6311/16/2022 City of Santa Clara N/A B2222 SCSA Admin Payroll Costs Operating 58,584.29 11/4/2022 City of Santa Clara N/A Senior/Youth Fees for NFL Game 3 Operating 24,378.90 11/23/2022 City of Santa Clara N/A Senior/Youth Fees for NFL Game 3 (adjustment) Operating 7.0011/23/2022 City of Santa Clara N/A Senior/Youth Fees for NFL Game 4 Operating 24,458.35 161,656.17
11/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Security Operating 135,569.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Stadium Ops Operating 318,933.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Engineering Operating 207,406.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Guest Services Operating 48,914.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Grounds Operating 41,463.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - SBL Sales & Service Operating 174,077.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Insurance Operating 81,710.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Use of StadCo Tenant Improvements Operating 26,443.82 11/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Other G&A Operating 51,887.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Lender Fees Operating 8,333.0011/1/2022 Forty Niners Stadium Management Co, LLC SLS-22708 November 2022 Std Mgr - Naming Rights Operating 45,446.00 1,140,181.82
11/7/2022 ECS Imaging, Inc 17324 SBL - Ongoing Processing (September 2022) Operating 700.00 11/22/2022 Hanson Bridgett LLP Various October 2022 Legal Services Operating11/28/2022 InTWO, Inc. Various CapEx Proj - FMS Project CapEx 14,101.00 November 2022 Total
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of November 2022

Page 1 of 1 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1367 Agenda Date: 1/31/2023

REPORT TO STADIUM BOARD

SUBJECT
Informational Report on Stadium Authority and Stadium Manager Meetings and Corresponding Minutes for the Period of July 1 to September 30, 2022

BOARD PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On August 24, 2017, the Stadium Authority approved the Harvey Rose Audit titled “Comprehensive Audit of Stadium”. Audit recommendation 1.Q states that “the Stadium Authority Board should direct the Executive Director to require that all meetings, including the date and purpose of the meetings, between Stadium Authority and Stadium Manager staff be documented and reported quarterly or annually to the Stadium Authority Board.” Staff has implemented this audit recommendation on a quarterly basis.

At the August 25, 2020 meeting, the Stadium Authority Board provided additional direction to staff to prepare minutes for all future Stadium Authority and Stadium Manager staff meetings.

DISCUSSION
In accordance with the Board approved audit recommendation, meetings between Stadium Authority and Stadium Manager staff for the period of July 1 to September 30, 2022 are listed below. The minutes for these meetings are included in this report as Attachment 1.

Date Meeting Purpose
7/1/2022 Stadium Legal & Operational Issues Coordination Meeting (via Zoom)
7/5/2022 Training Camp (via Teams)
7/6/2022 Biweekly Stadium Coordination Meeting (via Teams) 7/7/2022 Weekly Accounting Status Meeting (via Teams)
7/14/2022 Stadium Builder License Template Discussion (via Phone) 7/14/2022 Weekly Accounting Status Meeting (via Teams)
7/15/2022 Stadium Legal & Operational Issues Coordination Meeting (via Zoom)
7/20/2022 Biweekly Stadium Coordination Meeting (via Teams) 7/21/2022 Weekly Accounting Status Meeting (via Teams)
7/28/2022 Weekly Accounting Status Meeting (via Teams)
7/29/2022 Stadium Legal & Operational Issues Coordination Meeting via Zoom) 8/4/2022 Weekly Accounting Status Meeting (via Teams)
8/5/2022 Biweekly Stadium Coordination Meeting (via Teams) 8/11/2022 Weekly Accounting Status Meeting (via Teams)
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23-1367 Agenda Date: 1/31/2023
7/15/2022 Stadium Legal & Operational Issues Coordination Meeting (via Zoom)
7/20/2022 Biweekly Stadium Coordination Meeting (via Teams) 7/21/2022 Weekly Accounting Status Meeting (via Teams)
7/28/2022 Weekly Accounting Status Meeting (via Teams)
7/29/2022 Stadium Legal & Operational Issues Coordination Meeting via Zoom) 8/4/2022 Weekly Accounting Status Meeting (via Teams)
8/5/2022 Biweekly Stadium Coordination Meeting (via Teams) 8/11/2022 Weekly Accounting Status Meeting (via Teams)
8/12/2022 Stadium Legal & Operational Issues Coordination Meeting (via Zoom)
8/18/2022 Weekly Accounting Status Meeting (via Teams)
8/19/2022 Biweekly Stadium Coordination Meeting (via Teams) 8/22/2022 Stadium Legal & Operational Issues Coordination Meeting (via Zoom)
8/22/2022 Non-NFL Events Expense Profit & Loss Review Meeting (via Teams) 8/22/2022 HNTB Litigation - Insurance Allocation Agreement (via Phone) 8/25/2022 Weekly Accounting Status Meeting (via Teams)
8/25/2022 Biweekly Accounting Status Meeting (via Teams) 8/26/2022 Stadium Legal & Operational Issues Coordination Meeting (via Teams)
8/29/2022 Stadium Coordination Meeting (via Teams)
8/31/2022 Stadium Coordination Meeting (via Teams)
9/1/2022 Weekly Accounting Status Meeting (via Teams)
9/7/222 Cybersecurity Compliance (via Phone)
9/8/2022 Weekly Accounting Status Meeting (via Teams)
9/15/2022 Weekly Accounting Status Meeting (via Teams)
9/22/2022 Weekly Accounting Status Meeting (via Teams)
9/27/2022 KPMG Waiver/HNTB Litigation - Insurance Allocation Agreement (via Phone)
9/29/2022 Weekly Accounting Status Meeting (via Teams)
9/30/2022 Biweekly Stadium Coordination Meeting (via Teams)

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 related to this report other than the staff time to prepare this report.

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

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23-1367 Agenda Date: 1/31/2023

RECOMMENDATION
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding minutes for the period of July 1 to September 30, 2022.

Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director

ATTACHMENTS

1. Stadium Authority and Stadium Manager Meeting Minutes for the Period 7/1/22 to 9/30/22 City of Santa Clara Page 3 of 3 Printed on 1/26/2023
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Date: 7/1/2022, 10:00 a.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Legal & Operational Issues Coordination Meeting Meeting to Discuss Circulation for Training Camp and Load in of Red Hot Chili Peppers Date: 07/05/2022; 8:30-9:00 am
Teams Meeting
City: Ruth Shikada,
49ers: Craig Graber
Discuss circulation plan for Training Camp days at 4949. Discussed 49ers interest to modify the shuttle route from Red Lot to 4949 during two load in days of the Red Hot Chili Peppers concert. 49ers provided information in advance of applying for a permit to utilize the drive ways of YSP for circulation of shuttles.

Date: 7/6/2022, 11:00 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Biweekly Stadium Coordination Meeting
Weekly Accounting Status Meeting
Date: 07/07/2022; 2:00pm to 2:13pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. Stadium Builder Licenses’ Quarterly Transfer

3. Non-NFL Events’ Ticket Surcharge Deposit

4. August Operating & Maintenance Invoice Payment
Date: 7/14/2022, 12:30 p.m.

Phone Call:

For Santa Clara Stadium Authority:

Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:

Jihad Beauchman

1. Stadium Builder License Template Discussion
Weekly Accounting Status Meeting
Date: 07/14/2022; 2:00pm to 2:13pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. Non-NFL Events’ Ticket Surcharge Deposit

3. August Operating & Maintenance Invoice Payment

4. Non-NFL Events’ Estimated Public Safety Costs
Date: 7/15/2022, 10:00 a.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Legal & Operational Issues Coordination Meeting Date: 7/20/2022, 11:00 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Biweekly Stadium Coordination Meeting
Weekly Accounting Status Meeting
Date: 07/21/2022; 2:00pm to 2:12pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. August Operating & Maintenance Invoice Payment
a. July Authority Cash Flows

3. Non-NFL Events’ Ticket Surcharge Deposit

4. Non-NFL Events’ Estimated Public Safety Costs

5. Stadium Funding Trust Perfection Certificate

6. Actual Shared O&M Expenses Charged to SCSA for FY21-22 Weekly Accounting Status Meeting
Date: 07/28/2022; 2:00pm to 2:08pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. Non-NFL Events’ Ticket Surcharge Deposit

3. August Operating & Maintenance Invoice Payment

4. Non-NFL Events’ Estimated Public Safety Costs
Date: 7/29/2022, 10:30 a.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Legal & Operational Issues Coordination Meeting Weekly Accounting Status Meeting
Date: 08/04/2022; 2:00pm to 2:05pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. Non-NFL Events’ Ticket Surcharge Deposit
Date: 8/5/2022, 10:30 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
Steve Ngo, Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Biweekly Stadium Coordination Meeting
Weekly Accounting Status Meeting
Date: 08/11/2022; 2:00pm to 2:49pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Linh Lam (SCSA), Darren Wong, (ManCo), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. FY21-22 Non-NFL Events Profit & Loss Support by Account

3. 45-Day Report and Estimated Public Safety Costs for Grupo Firme Date: 8/12/2022, 2:30 p.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Assistant Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Legal & Operational Issues Coordination Meeting Weekly Accounting Status Meeting
Date: 08/18/2022; 2:00pm to 2:46pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Linh Lam (SCSA), Darren Wong (ManCo), and Brent Ghan (ManCo)

1. FY21-22 Non-NFL Events Profit & Loss Support by Account

2. Financial Management System Attachments and Review

3. FY21-22 Shared Stadium Expense Sample Selection and In-Person Review

4. FY20-21 Shared Stadium Expense Pending Items
Date: 8/19/2022, 10:30 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Assistant Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Biweekly Stadium Coordination Meeting
Date: 8/22/2022, 9:00 a.m.

Zoom Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Assistant Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Legal & Operational Issues Coordination Meeting Non-NFL Events Profit & Loss Support Review Meeting
Date: 08/22/2022; 2:00pm to 3:10pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Erin Fernandez (ManCo), and Brent Ghan (ManCo)

1. FY21-22 Non-NFL Events Profit & Loss Support Walk-through Date: 8/22/22, 6:00 p.m.

Phone call:

For Santa Clara Stadium Authority:

Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:

Jihad Beauchman

1. HNTB Litigation – Insurance Allocation Agreement
Weekly Accounting Status Meeting
Date: 08/25/2022; 2:00pm to 2:19pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. September Operating & Maintenance Invoice Payment

3. FY21-22 Actual Shared O&M Expenses Charged to SCSA Support

4. FY21-22 Non-NFL Events Support Inquiry

5. Quarterly SBL Report as of June 30, 2022

6. End of Bank’s Global Custody and Agency Services

7. Estimated General Public Safety Costs for Non-NFL Events Bi-weekly Accounting Status Meeting
Date: 08/25/2022; 2:00pm to 3:00pm
Teams Meeting: Linh Lam (SCSA) and Darren Wong (ManCo)

1. KPMG & Pun Group Audit timeline

2. Future SCSA weekly meetings

3. General and Administration true-ups
Date: 8/26/2022, 9:00 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Assistant Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Legal & Operational Issues Coordination Meeting Date: 8/29/2022, 8:30 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Assistant Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Coordination Meeting
Date: 8/31/2022, 9:00 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
James Sanchez, Assistant Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Stadium Coordination Meeting
Weekly Accounting Status Meeting
Date: 09/01/2022; 2:00pm to 2:24pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. FY21-22 Actual Shared O&M Expenses Charged to SCSA Support

3. Quarterly SBL Report as of June 30, 2022

4. Estimated General Public Safety Costs for Non-NFL Events

5. Review of Supports in Financial Management System

6. Operating & Maintenance Invoice Payment Date
Date: 9/7/2022, 3:00 p.m.

Phone Call:

For Santa Clara Stadium Authority:

Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:

Jihad Beauchman

1. Cybersecurity compliance
Weekly Accounting Status Meeting
Date: 09/08/2022; 2:00pm to 2:18pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Darren Wong (ManCo), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. FY21-22 Non-NFL Events Support Inquiry

3. Quarterly SBL Report as of June 30, 2022

4. Estimated General Public Safety Costs for Non-NFL Events

5. Review of Supports in Financial Management System

6. Annual Review of Unclaimed Properties

7. Operating & Maintenance Payment per Settlement Agreement Weekly Accounting Status Meeting
Date: 09/15/2022; 2:00pm to 2:25pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. FY21-22 Non-NFL Events Support Inquiry

3. Quarterly SBL Report as of June 30, 2022

4. Review of Supports in Financial Management System

5. FY22-23 Q1 Non-NFL Events statistics
Weekly Accounting Status Meeting
Date: 09/22/2022; 2:00pm to 2:43pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. FY21-22 Non-NFL Events Support Inquiry

3. Review of Supports in Financial Management System
a. Financial Management System Walk-through

4. Perfection Certificate Submitted to the Bank

5. FY20-21 Shared Stadium Expenses
Date: 9/27/2022, 3:00 p.m.

Phone Call:

For Santa Clara Stadium Authority:

Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:

Jihad Beauchman

1. KPMG Waiver

2. HNTB Litigation – Insurance Allocation Agreement
Weekly Accounting Status Meeting
Date: 09/29/2022; 2:00pm to 2:21pm
Teams Meeting: Larry Lo (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo), and Caitlin Ritchie (ManCo)

1. Capital Expenditure Invoice

2. FY21-22 Non-NFL Events Support Inquiry

3. Review of Supports in Financial Management System

4. FY20-21 Shared Expenses Review Support

5. FY21-22 Shared Expenses Review

6. FY22-23 Q1 SBL Transfer

7. Secured communication of O&M
Date: 9/30/2022, 10:00 a.m.

Teams Meeting:

For Santa Clara Stadium Authority:

Rajeev Batra, Executive Director
Steve Ngo, Stadium Authority Counsel
For Stadium Manager/49ers:

Rahul Chandhok
Larry MacNeil

1. Biweekly Stadium Coordination Meeting
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-113 Agenda Date: 1/31/2023

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from the Stadium Manager to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure Event-Related Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project)

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

DISCUSSION
On January 17, 2022, the Stadium Manager submitted the attached Recommendation for Award memo, along with supporting procurement documentation, to request approval for the following actions related to the Stadium Event Signage Capital Expense (CapEx) Project:

1. Award a one-time agreement to Fluoresco Services, LLC in the amount of $120,695 to repaint select existing signage elements, install newly fabricated signage elements, and procure specified event-related signage products for Levi’s Stadium;

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

3. Authorize the Stadium Manager to execute change orders up to $4,028, for a total not to exceed construction agreement amount of $124,723.

The scope of the signage elements and products include access zone security signage, signage stands, medical office sign, and elevator button replacement.

The Stadium Authority Fiscal Year (FY) 2022/23 CapEx Budget includes $144,900 for the Stadium Event Signage line item. The Stadium Manager’s Recommendation for Award memo describes the request and Request for Bids (RFB) process in more detail.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award Memo

2. Draft Agreement with Fluoresco Services, LLC
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1 Date: January 17, 2023
To: Rajeev Batra
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
CC: Jim Mercurio, Executive Vice President & General Manager Subject: Recommendation for Award RFB FY22-0035 Levi’s Stadium Event Signage Project
Recommendation

1. Recommend approval and award of a one-time contract to Fluoresco Services, LLC in the amount of $120,694.55, to repaint select existing signage elements, installation of newly fabricated signage elements, and procurement of specified event-related products in the Levi’s Stadium (Stadium) event signage. (Project)

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

3. Authorize Stadium Manager to execute change orders up to $4,028.21 for a total not to exceed construction contract amount of $124,722.76.

Solicitation Process
Forty Niners Stadium Management Company LLC (Stadium Manager) has a need to repaint select existing signage elements, installation of newly fabricated signage elements, and the procurement of specified event-related products in the Stadium.

The Project was approved as part of the FY22/23 SCSA Capital Expenditures budget referenced as Stadium Event Signage.

On November 16, 2022, Stadium Manager issued a Request for Bids (RFB) FY22-0035 for the Project.
2 Stadium Manager published the RFB on Bonfire Interactive, Stadium Manager’s eProcurement portal https://49ers.bonfirehub.com/portal/. In addition to inviting a list of contractors on our established supplier list, Stadium Manager also selected contractors registered on the portal with specific commodity codes offering such services.

On December 1, 2022, Stadium Manager published the Notice Inviting Bids for the Project in the San Jose Mercury News publication. Notices were also emailed on November 16, 2022 to the Builders’ Exchange of Santa Clara County, Bay Area Builders’ Exchange, and Minority Business Consortium to communicate with their respective member communities regarding the solicitation for the Project.

Stadium Manager held a non-mandatory pre-bid conference on November 29, 2022 at 10:00 a.m. (PT) to provide an overview of the Project and answer any questions from prospective bidders. The RFB provided prospective bidders the option to schedule onsite visits to the Stadium.

Electronic bid submissions were due on or before December 14, 2022 at 3:00 p.m. (PT).

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

1. Fluoresco Services, LLC ($120,694.55 – Base Bid and $304,557.35 - Total Bid Price including the Base Bid and alternates)
Public Bid Opening
A public bid opening was held on December 14, 2022 at 4:00 p.m. (PT). The RFB provided the public bid opening webcast information including a meeting ID and password for bidders to log on via Zoom to attend. Multiple callers were in attendance.

Stadium Manager announced the receipt of the one bid on or before the due date and time, announced the name of the bidders and the base bid amounts and declared Fluoresco Services, LLC as the apparent low bidder.

The protest period ended on December 21, 2022. There were no protests.

Evaluation of Apparent Low Bidder
Stadium Manager reviewed the bid from Fluoresco Services, LLC and determined that the apparent low bidder’s bid is a responsible bidder submitting a responsive bid.

3 Next Steps
The Project was approved as part of the FY22/23 SCSA Capital Expenditures budget.

The current approved amount for this Project is $144,900. The breakdown of various costs is referenced below:

Budget: $144,900
Design Services: $20,000
Base Bid: $120,694.55
NTE for Change Orders: $4,028.21
Publication Cost: $177.24
Once Stadium Manager receives approval from the SCSA Board, a contract (included in the RFB) will be executed with Fluoresco Services, LLC and a fully executed copy of the contract will be forwarded to the SCSA. In addition, Stadium Manager requests authorization to issue change orders up to $4,028.21 of the project cost which will allow Stadium Manager to take timely administrative action if required and not delay completion of the Project.

Supporting documentation has been provided for review and approval. The cost for advertising the RFB in the San Jose Mercury News publication for one day is $177.24.

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

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

Levi’s Stadium Event Signage Project
RFB Number: RFB-FY22-0035
1 CONTRACT

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

CONSTRUCTION CONTRACT
LEVI’S STADIUM EVENT SIGNAGE PROJECT

1. PARTIES AND DATE.

This Contract is made and entered into this [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***] by and between the Forty Niners Stadium Management Company LLC, a Delaware limited liability company (“Stadium Manager”) and [***INSERT NAME***], a [***INSERT TYPE OF ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY***] with its principal place of business at [***INSERT ADDRESS***] (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the Stadium Manager on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing signage related construction services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager. The following license classifications are required for this Project: B – General Building Contractor or C-45 – Sign Contractor.

2.3 Project. Stadium Manager desires to engage Contractor to render such services for the Levi’s Stadium Event Signage Project (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Procurement and Contract Process Integrity and Conflict of Interest Guidelines (Exhibit “G”)
Levi’s Stadium Event Signage Project
RFB Number: RFB-FY22-0035
2 CONTRACT
• Levi’s Stadium Jobsite Rules (Exhibit “H”)
• Addenda
• Change Orders executed by the Stadium Manager
• 2018 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit ”C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Stadium Manager.

Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Stadium Manager may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/”Or Equal”. Pursuant to Public Contract Code Section 3400(b), the Stadium Manager may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Stadium Manager may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than seven (7)calendar days prior to the bid submission deadline set forth in the Notice Inviting Bids as it may be amended. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected or submitted untimely, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.

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

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

Contractor shall bear all of the Stadium Manager’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions and/or Services/Schedule exhibits attached hereto (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 180 calendar days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the Stadium Manager. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the Stadium Manager will suffer damage.

3.3.2 Force Majeure. Neither Stadium Manager nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract.

Contractor’s exclusive remedy in the event of delay covered under this Section shall be a noncompensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquidated damages the sum of one hundred dollars ($100) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

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

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

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Stadium Manager agrees to pay Contractor the Total Contract Price of _________________ Dollars ($_________.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the Stadium Manager.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, Stadium Manager will arrange for payment of the Total Contract Price upon completion and approval by Stadium Manager of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, Stadium Manager will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the Stadium Manager an itemized application for payment in the format supplied by the Stadium Manager indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence Levi’s Stadium Event Signage Project
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which is required by this Contract and such other documentation as the Stadium Manager may require including, without limitation, the prevailing wage compliance documentation specified herein. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the Stadium Manager and in such detail and form as the Stadium Manager shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

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

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the Stadium Manager, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Deductions and Withholdings. In addition to Contract retentions, the Stadium Manager may deduct from each progress payment an amount necessary to protect Stadium Manager from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Stadium Manager in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Stadium Manager during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Stadium Manager, incurred by the Stadium Manager for which Contractor is liable under the Contract; (11) the failure to comply with and timely submit all necessary prevailing wage compliance documentation as required under this Contract; and (12) any other sums which the Stadium Manager is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Stadium Manager to deduct any of these sums from a progress payment shall not constitute a waiver of the Stadium Manager’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the Stadium Manager will permit the substitution of securities for any monies withheld by the Stadium Manager to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Stadium Manager, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Stadium Manager shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the Stadium Manager has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities Levi’s Stadium Event Signage Project
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substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Stadium Manager.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Stadium Manager at the time of payment. To the extent that title has not previously been vested in the Stadium Manager by reason of payments, full title shall pass to the Stadium Manager at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items.

Such transfer of title shall not imply acceptance by the Stadium Manager, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.

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

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

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

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

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3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to Stadium Manager, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on public works with the intent to defraud shall be ineligible to bid on public works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

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

3.7.14 Proof of Compliance. It shall be Contractor’s sole responsibility to comply with, and maintain adequate records of its adherence to, all applicable state prevailing wage requirement. Contractor is responsible for maintaining and providing the following documentation to Stadium Manager for review and approval within the timeframes specified below.

3.7.14.1 Division of Apprenticeship Standards (DAS) 140 Form (applicable if Total Contract Price is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 140 forms filed with the appropriate apprenticeship committee(s) the earlier of Contractor’s first application for payment for Work performed under this Contract or ten (10) days of Contract execution.

3.7.14.2 DAS 142 Form (applicable if Total Contract Price is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must provide a copy of DAS 142 forms filed with the appropriate apprenticeship committee(s) or evidence of an approved exemption with its first application for payment for Work involving an apprenticeable craft or trade classification – additional DAS 142 forms or evidence of approved exemptions must be provided following this initial submission with future applications for payment in the event those applications Levi’s Stadium Event Signage Project
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are for Work involving an apprenticeable craft or trade classification not covered under the first application for payment.

3.7.14.3 California Apprenticeship Council (CAC) Form CAC-2; Training Fee Contributions (applicable if Total Contract Price is $30,000 or more). Contractor, on behalf of itself and its subcontractors, must submit evidence of mandatory training contributions required under Labor Code section 1777.5, as it may be amended from time to time, via submission of completed Form CAC-2 and/or confirmation of payment to a valid union trust fund with each application for payment submitted to Stadium Manager.

3.7.14.4 Certified Payroll Records; Statement of Compliance.

Contractor, on behalf of itself and its subcontractors, must submit complete payroll records on forms substantially similar to the Department of Industrial Relations Form A-1-131 with each application for payment submitted to Stadium Manager. Each set of certified payroll records submitted to Stadium Manager with any application for payment must be accompanied by a signed Statement of Compliance certifying the information on the certified payroll records is true and correct. For the period covered by any application for payment in which Contractor and its subcontractors did not perform Work, Contractor must additionally submit a signed Statement of Non-Performance certifying no work was performed. Contractors are advised the submission of electronic certified payroll records to the Department of Industrial Relations via the eCPR system is not an acceptable substitute to maintaining and providing full certified payroll records as required by this provision and applicable law.

3.7.14.5 Fringe Benefit Statement. Contractor, on behalf of itself and its subcontractors, must submit complete Fringe Benefit Statement(s) for the crafts and trade classifications utilized to perform the Work covered by any application for payment. All Fringe Benefit Statements must be submitted with the application for payment to which each applies.

3.7.14.6 Demand for Compliance Records. At any time during or subsequent to the full performance of the Work under this Contract and in addition to the obligations set forth above, Stadium Manager and/or the Santa Clara Stadium Authority may require Contractor to produce and or correct and re-submit any prevailing wage compliance records, which must be reviewed and approved by Stadium Manager and/or the Santa Clara Stadium Authority, prior to full release of payment.

3.7.14.7 Withholding for Non-Compliance. In the event Contractor or any subcontractor is found not to be in compliance with the foregoing requirements for any application for payment whether for progress payments or final payment, Stadium Manager has the right to withhold up to ten percent (10%) of the amount owed to Contractor under the affected application for payment until full compliance is achieved. Contractor acknowledges and agrees the foregoing amount is a reasonable estimate of the value of the documentation specified above.

3.7.15 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties free and harmless Levi’s Stadium Event Signage Project
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from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

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

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

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

3.8.1.6 Reservation of Right to Defend. Stadium Manager reserves the right to defend any enforcement action brought against the Stadium Manager for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy.

Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Stadium Manager for the costs (including the Stadium Manager’s attorney’s fees) associated with, any settlement reached between the Stadium Manager and the relevant enforcement entity.

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

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Stadium Manager in writing. Any necessary changes shall be made by written change order. Stadium Manager shall further comply with all requirements specified in the Stadium Manager’s Procurement and Contract Process Integrity and Conflict of Interest Guidelines, which are attached hereto as Exhibit “G” and incorporated herein by this reference. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Stadium Manager, Contractor shall be solely responsible for all costs arising therefrom. Stadium Manager may be subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Levi’s Stadium Event Signage Project
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Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Stadium Manager of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Stadium Manager; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Stadium Manager shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

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

Contractor shall not be assessed liquidated damages for delay caused by failure of Stadium Manager to provide for removal or relocation of such utility facilities.

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

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

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

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the Stadium Manager, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the Stadium Manager. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract.

Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the Stadium Manager and shall include on its first page the following in 16-point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code Section 12650 et seq.

3.10.4 Stadium Manager’s Response. Upon receipt of a claim pursuant to this Section, Stadium Manager shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the Stadium Manager issues its written statement.

3.10.4.1 If Stadium Manager needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, Stadium Manager shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

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3.10.4.2 Within 30 days of receipt of a claim, Stadium Manager may request in writing additional documentation supporting the claim or relating to defenses or claims Stadium Manager may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of Stadium Manager and the Contractor.

3.10.4.3 Stadium Manager’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes Stadium Manager’s written response, or Stadium Manager fails to respond within the time prescribed, the Contractor may so notify Stadium Manager, in writing, either within 15 days of receipt of Stadium Manager’s response or within 15 days of Stadium Manager’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, Stadium Manager shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, Stadium Manager shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after Stadium Manager issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with Stadium Manager and the Contractor sharing the associated costs equally. Stadium Manager and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

3.10.6.2 For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this Section.

3.10.6.3 Unless otherwise agreed to by Stadium Manager and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

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3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the terms of these procedures. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code Sections 900 et seq. prior to filing any lawsuit against the Stadium Manager.

Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor.

If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the Stadium Manager. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. Stadium Manager’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. Stadium Levi’s Stadium Event Signage Project
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Manager’s failure to respond shall not waive Stadium Manager’s rights to any subsequent procedures for the resolution of disputed claims.

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

3.12 Indemnification.

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

3.12.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of Stadium Manager’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this Section that may be brought or instituted against the Indemnified Parties. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse the Indemnified Parties for the cost of any settlement paid by the Indemnified Parties as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the Indemnified Parties' attorney's fees and costs, including expert witness fees. Contractor shall reimburse the Indemnified Parties for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnified Parties.

3.13 Insurance.

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

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

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

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

Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits.

Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

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

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

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

3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the Stadium Manager, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

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

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

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

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

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

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

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

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.3 Bond Provisions. Should, in Stadium Manager’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within ten (10) days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.

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

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3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

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

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

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

3.17 General Provisions.

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

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

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

3.17.3 Termination. This Contract may be terminated by Stadium Manager at any time, with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contractor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein.

In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

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

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Stadium Levi’s Stadium Event Signage Project
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Manager all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the Stadium Manager tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CONTRACTOR:
[***INSERT CONTRACTOR NAME AND ADDRESS***]
Attn: [***INSERT CONTRACTOR REP. NAME AND TITLE***]
STADIUM MANAGER:

Forty Niners Stadium Management Company LLC
4900 Marie DeBartolo Way
Santa Clara, CA 95054
Attn: Ryan van Maarth, Vice President, Stadium Projects & Planning
With copy to:

Legal Affairs
Forty Niners Stadium Management Company LLC
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

3.17.13 Levi’s Stadium Jobsite Rules. Contractor and its subcontractors of every tier and their officers, employees, workers, consultants, volunteers, agents shall comply with the Levi’s Stadium Jobsite Rules attached hereto as Exhibit “H” and incorporated herein by this reference. Failure to comply with the Levi’s Stadium Jobsite Rules may lead to dismissal of any violating parties from the Project site. Contractor shall be solely responsible for any time and cost impacts arising out of any failure to comply with the Levi’s Stadium Jobsite Rules.

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

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

3.17.16 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND [***INSERT CONTRACTOR NAME***]
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the [***INSERT DAY***] day of [***INSERT MONTH***], [***INSERT YEAR***].

FORTY NINERS STADIUM [INSERT NAME OF CONTRACTOR]

MANAGEMENT COMPANY LLC
By: By:

Jim Mercurio
EVP & General Manager Its:

Printed Name:

License No.:
(CONTRACTOR’S SIGNATURE MUST BE

NOTARIZED AND CORPORATE

SEAL AFFIXED, IF APPLICABLE)
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EXHIBIT “A”

SERVICES / SCHEDULE

STADIUM EVENT SIGNAGE

SUMMARY
This Project updates elements of existing Stadium event signage, fabricate new Stadium event signage, and procure event specific products.

SCOPE OF WORK

1. Base Bid Scope: The Base Bid scope of work includes the repainting of select signage elements, installation of new signage elements per the Plans and Specifications attached hereto as Exhibit “B” and incorporated herein by this reference, and procurement of certain event specific products.

2. The Contractor shall provide all materials, equipment, tools, labor, supervision, and project management necessary to complete the Project. Contactor is responsible for obtaining all permits and approvals from authorities having jurisdiction as may be necessary to complete the Project.

GENERAL REQUIREMENTS

1. Contractor shall provide protection for all existing building components beneath and around the Work. Any damage to existing building components caused by Contractor shall be immediately repaired or replaced at Contractor’s sole expense in a manner acceptable to and approved prior to repair by Stadium Manager.

2. In all active Work areas, Contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected Work area. This not only includes areas surrounding the Work, but also includes areas below the Work. Levi’s Stadium is an active building containing employees, guests, and other contractors on a daily basis. Contractor shall be responsible for keeping others out of its active Work areas and preventing the exposure of others to material generated within the Work area, both around and below.

3. Cleaning and Protection
a. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. Secure, locate and position all unused materials and equipment, including man lifts, to the satisfaction of Stadium Manager. b. Protect all adjacent equipment, material and property. c. Upon completion of the Work, remove unused materials, debris, containers, footing forms and equipment from the Project site. Remove protective coverings and clean the exposed surfaces of the Work to remove dirt, stains and other substances, by methods as recommended by manufacturers.

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MATERIALS

1. Refer to Plans and Specifications attached hereto as Exhibit “B”.

2. Refer to the Notice Inviting Bids regarding requirements associated with “or equal” substitutions. Contractor shall be solely responsible for ensuring and verifying the parts, equipment, and materials required to complete all Work on the Project, including any approved “or equal” substitutions, are compatible with existing equipment and building systems.

INSTALLATION

1. The Contractor is responsible for the installation of material and equipment in accordance with manufacturer requirements. Contractor shall provide all tools, labor, materials, and accessories necessary to complete the installation per the manufacturer requirements and Project specifications and drawings.

2. The Project site is Levi’s Stadium, which is located at the following address:

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

SCHEDULE

1. Delivery and installation of materials is required within the Contract Time specified in the Contract Documents. Contractor shall coordinate with Stadium Manager to schedule delivery, site access, and installation of materials.

SUBMITTALS

1. Contractor shall submit for approval:
a. Shop drawings provided by sign fabricator & licensed structural engineer. i. Shop drawings shall include elevations, details of fabrication and erection, including all materials, shapes, dimensions, finishes, anchorage, and method of connections.
ii. Shop drawings shall show proper letter spacing and dimensions of letter heights.
b. Two (2) hard copy prints and one (1) electronic version of each drawing to the following parties:
i. One (1) set to Architect of Record.
ii. One (1) set to Stadium Manager.

2. Contractor shall submit for approval:
a. Samples as indicated in Colors / Materials Sheet.
i. Submit per schedule, for approval.
b. Provide two (2) sets of non-returnable samples of all materials, colors, and finishes as specified.
i. One (1) set to Architect of Record.
ii. One (1) set to Stadium Manager.

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EXHIBIT “B”

PLANS AND SPECIFICATIONS
The following Plans and Specifications are incorporated herein by reference as set forth in their entirety:

1. Levi’s Stadium Event Signage Final Bid Package dated September 2, 2022 by Gensler and available via the following link: .

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EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within fourteen (14) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

ARTICLE 2. STADIUM MANAGER’S REPRESENTATIVE
For purposes of this Project, the Stadium Manager’s Representative shall be: Vice President, Stadium Operations and Strategic Planning or designee.

ARTICLE 3. LOCATION OF THE PROJECT
The Project is located at Levi’s Stadium, 4900 Marie P. DeBartolo Way, Santa Clara, CA ARTICLE 4. SCHEDULE CONSTRAINTS
It is anticipated that the Contractor will be unable to perform Work on the Project site at least 48 hours prior to and 24 hours after any event with a projected attendance greater than 10,000 people without prior written approval from the Stadium Manager. Specific known dates for these events at this time include the following dates:

1. December 4, 2022

2. December 11, 2022

3. December 24, 2022

4. January 7, 2023

5. July 29, 2023

6. September 16, 2023
Contractor is assumed to have accounted for such events during the duration of the Project as part of its bid and may not claim any time or cost impacts and will not be granted any time extensions or additional compensation as a result of these events.

Contractor shall ensure that any Work performed on the Project site is scheduled with the Stadium Manager in advance.

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Stadium Manager has considered these schedule constraints when determining the Contract Time and no additional time or compensation will be added to the Contract due to these schedule constraints.

ARTICLE 5. NOISE RESTRICTIONS
Contractor shall use only such equipment on the Work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by Cal/OSHA.

Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in this Contract, including hours of operation requirements.

No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.

ARTICLE 6. SAFETY PROGRAMS
In addition to all other safety requirements of the Contract, Contractor must comply with Cal/OSHA safety requirements at all times during the performance of the Work.

Stadium Manager has considered these safety programs when determining the Contract Time and no additional time or compensation will be added to the Contract due to these safety programs.

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EXHIBIT “D”

CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
[***INSERT CONTRACTOR NAME***]
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT “E”

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter referred to as “Stadium Manager”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for Levi’s Stadium Event Signage Project (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties, as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the Stadium Manager’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager’s option:

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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. Attach Attorney-in-Fact Certificate of surety signatory.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter designated as the “Stadium Manager”), by action taken or a resolution passed , 20 has awarded to hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and as Surety,
are held and firmly bound unto the Stadium Manager in the penal sum of Dollars ($ ) lawful money of the United States
of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or Levi’s Stadium Event Signage Project
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attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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EXHIBIT “G”

PROCUREMENT AND CONTRACT PROCESS INTEGRITY AND CONFLICT OF INTEREST

GUIDELINES
1 PURPOSE

1.1 The purpose of these Guidelines is to ensure integrity in the Stadium Manager’s procurement and contract processes, to educate Stadium Manager employees, consultants, uncompensated outside parties and any person involved in the decision to award a contract about potential Conflicts of Interest, and to establish guidelines for procedural screening of Conflicts of Interest.

1.2 The Stadium Manager desires to provide a fair opportunity to participants in competitive processes for the award of Stadium Manager contracts by promulgating integrity and removal of Conflicts of Interest in all competitive solicitations. 2 DEFINITIONS

2.1 PURCHASING MANAGER
“Purchasing Manager” is the Stadium Manager representative designated by the Stadium Manager to be responsible for the Stadium Manager’s procurement process.

2.2 ELECTED OFFICIAL
“Elected Official” means the City of Santa Clara Mayor, Council Members, City Clerk, and Chief of Police.

2.3 COUNCIL APPOINTEES
“Council Appointees” means the City of Santa Clara City Manager, City Attorney, and City Auditor.

2.4 SOLICITATION
“Solicitation” means, but is not limited to, specification development, preparation and issuance of requests for proposals, quotes, qualifications or bids, evaluation of responses and submissions, and other evaluations which lead to an award of a Stadium Manager contract. 3 GENERAL PROVISIONS

3.1 COMMUNICATION PROTOCOL

3.1.1 Prior to Issuance of Solicitations: Prior to the issuance of Solicitations, contact between prospective respondents and Stadium Manager staff, consultants or City of Santa Clara elected officials is permissible.

3.1.2 After Issuance of Solicitations and prior to Submission deadline for Solicitations: After issuance of Solicitations, all contact between prospective respondents and the Stadium Manager with regard to the Solicitation must be directed to the procurement contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries with regard to the Solicitation to the procurement contact. All requests for clarification, objections to the structure, content, or distribution of a Solicitation, or other inquiries must be made in writing and the Stadium Manager shall answer to these clarifications, objections, and inquiries in writing via addenda to the Solicitation.

3.1.3 After Submission Deadline of Solicitations and prior to Issuance of a Notice of Intended Award: After the submission deadline of Solicitations, all contact regarding the procurement between respondents and the Stadium Manager and participants in the evaluation process, who are not Stadium Manager employees or representatives, must be directed to the procurement Levi’s Stadium Event Signage Project
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contact designated in the Solicitation. Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.4 After Issuance of a Notice of Intended Award: The Stadium Manager will issue a notice of intended award to all respondents including the basis for selection and instructions for filing a protest. All respondents shall follow the procedures for protest as indicated in the Solicitation document. During the protest period, Stadium Manager staff and consultants will refer all inquiries to the procurement contact identified in the Solicitation document.

3.1.5 After Completion of Protest Period: After completion of the protest period contact between prospective respondents and Stadium Manager staff, consultants and City of Santa Clara elected officials is permissible.
4 RESPONDENT'S CODE OF CONDUCT
By submitting a response to a Stadium Manager Solicitation, respondents are individually and solely responsible for ensuring compliance with these Guidelines on behalf of the respondent's employees, agents, consultants, lobbyists, or other parties or individuals engaged for purposes of developing or supporting a response. In addition to adhering to these Guidelines, respondents may not collude, directly or indirectly among themselves in regard to the amount, terms or conditions of a Solicitation, influence any Stadium Manager staff member or evaluation team member throughout the solicitation process, including the development of specifications, submit incorrect information in the response to a Solicitation or misrepresent, or fail to disclose material facts during the evaluation process. Any evidence indicating a respondent has failed to adhere with any section of these Guidelines may result in the respondent's disqualification from the procurement as well as possible debarment.
5 CONFIDENTIALITY DURING EVALUATION PROCESS

5.1 Stadium Manager staff, consultants, and outside evaluators who are participants in the evaluation process are required to sign a confidentiality agreement which binds the participants not to share any information about responses received and the evaluation process until the Stadium Manager issues a notice of intended award.
6 CONFLICT OF INTEREST

6.1 Elected officials, appointed officials, their staffs, and Stadium Manager employees and consultants are expected to avoid any conflicts of interest. Further, such individuals should avoid the appearance of conflicts of interest in order to ensure that Stadium Manager decisions are made in an independent and impartial manner. In general, the designated Stadium Manager procurement contact, in consultation with the Stadium Manager’s Chief Financial Officer (“CFO”) shall take measures to ensure that the Stadium Manager avoid any conflict of interests in procurement processes of Stadium Manager contracts. Specifically, these measures include that:

6.1.1 Persons who may not be regularly involved in Stadium Manager procurements review this Exhibit and other ethical standards and elicit such information from them to enable the Stadium Manager to determine if the person's participation would create a conflict of interest. Such persons shall include, but are not limited to:
• authors of specifications
• paid and unpaid evaluators
• paid and unpaid consultants who assist in the procurement process

6.1.2 The CFO shall discuss any potential conflict of interest identified with Stadium Manager’s legal department and document the resulting determination, and take appropriate action including, but not limited to, removal of an employee, consultant, or outside uncompensated party from the procurement activity or cancellation of a Solicitation.

Levi’s Stadium Event Signage Project
RFB Number: RFB-FY22-0035
44 CONTRACT
7 ALLEGATIONS OF CONFLICT OF INTEREST

7.1.1 Prior to the Solicitation release, up to award of contract, any allegations of conflict of interest by a Stadium Manager employee, consultant, or other participant in the pre- Solicitation and Solicitation process shall be reported to the CFO. The CFO shall investigate the alleged conflict of interest in consultation with the Stadium Manager’s legal department and document the resulting determination.
8 ALLEGATIONS OF MISCONDUCT

8.1.1 At any time during a Solicitation process, any misconduct by a Stadium Manager employee, consultant, or other participant in the pre-Solicitation and Solicitation process, shall be reported to the CFO. The CFO shall investigate the alleged misconduct, in consultation with the procurement contact, and others, as appropriate. Nothing in these guidelines is intended to prohibit anyone from communicating with the CFO or legal department about any alleged misconduct.

Levi’s Stadium Event Signage Project
RFB Number: RFB-FY22-0035
45 CONTRACT
EXHIBIT “H”
LEVI’S STADIUM JOBSITE RULES
The Contractor (to include all contractors, vendors, subcontractor and employees of each) shall adhere to the following rules while on site:

1. Contractor shall park in only approved Contractor designated parking areas as identified by Stadium Manager.

2. No smoking, drugs, or alcohol permitted on site.

3. Contractor work area must be left in a clean, neat and orderly condition at the end of each day. If the Contractor fails to perform daily cleaning the Stadium Manager reserves the right to clean up debris at Contractor expense.

4. Contractor shall coordinate with Stadium Manager for use of restroom facilities prior to Project.

5. Contractor to schedule work hours with Stadium Manager prior to Project. Work outside of regularly schedule hours shall require prior written approval by Stadium Manager.

6. Contractor shall coordinate employee break areas with the Stadium Manager prior to Project. All lunch and break debris generated by the Contractor must be disposed of immediately in appropriate containers (i.e., glass, aluminum, cardboard, etc.).

7. No radios, iPods, music devices with earbuds, etc. allowed. NO EXCEPTIONS.

8. Contractor shall report Project status to the Stadium Manager weekly and provide an update on the progress of the work. Contractor shall contact Stadium Manager immediately should any incidents occur or if any conflicts with these jobsite rules should arise.

9. Personal Protective Equipment (“PPE”), including but not limited to, proper safety clothing MUST be worn at all times while on jobsite. Any personnel without proper safety clothing will not be allowed on site. This include office personnel and visitors.

Appropriate PPE shall be coordinated with the Stadium Manager prior to Project.

10. The Contract supervisor assigned to this job must have the ability to make employees follow ALL jobsite rules.

11. NO children (under 18 years old) are allowed on site.

12. Contractor, to include all employees and visitors, must register each day for stadium access through the Stadium Manager provided visitor management and access control system. Contractor employees are subject to health screening prior to approval of site access. Contractor employees shall adhere to all Stadium Manager site access requirements.

13. Contractors and all employees must stay in their area as required and defined in the Project scope of work. Any Contractor employee found outside of the authorized Project area will be removed from the property and may not return to the site.

14. Contractor Equipment / Vehicles – Contractor shall coordinate delivery and use of all equipment brought and used on site (owned or rented) with the Stadium Levi’s Stadium Event Signage Project
RFB Number: RFB-FY22-0035
46 CONTRACT
Manager prior to Project. Equipment shall display markings identifying the following information for each piece of equipment while on site:
• Contractor’s Company Name
• Contractor’s Equipment Contact
• Contact Phone Number
• Duration On-Site (i.e. 06/02/21- 06/15/21)
Equipment requiring this information includes, but is not limited to, the following types of equipment:
• Material Handling Equipment (such as Forklifts and Pallet Jacks) • Golf Carts
• Flatbeds
• Manlifts
• Vehicles
• Job Boxes
• Trailers
• Other Equipment
Anyone operating this equipment must have the proper certifications, operate them in compliance with Cal/OSHA standards, and shall follow any Stadium Manager safety protocols.

Social Media Policy
This policy governs contractors use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, Snapchat, Tumblr, Reddit, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy.

The Contractor (and all employees) are prohibited from the following:

1. Using social media to post or to display comments about Stadium Manager, the San Francisco 49ers, Levi’s Stadium, co-workers, supervisors, clients, vendors, suppliers or members of management that are vulgar, obscene, physically threatening or intimidating, harassing, or otherwise constitute a violation of the Stadium Manager’s workplace policies against discrimination, retaliation, harassment, or hostility on account of any protected category, class, status, act or characteristic.

2. Infringing on Stadium’s logos, brand names, taglines, slogans or other trademarks.

Contractors and their agents, owners, and employees shall comply with the laws regarding copyrights, trademarks, rights or publicity and other third-party rights.

3. Posting or displaying content that is an intentional public attack on the quality of the Stadium’s products and/or services in a manner that a reasonable person would perceive as calculated to harm the Stadium’s business and is unrelated to any employee concern involving wages, hours, or other terms and conditions of employment.

4. Posting a photograph of a supervisor, manager, co-worker (including players and coaches in non-public settings), vendor, supplier, or client without that individual's express permission.

Levi’s Stadium Event Signage Project
RFB Number: RFB-FY22-0035
47 CONTRACT
Violations of this policy may result in disciplinary action up to and including removal from the jobsite. Please contact the Stadium Manager if you have any questions about this policy.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
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@SantaClaraCity
23-125 Agenda Date: 1/31/2023

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action Regarding Stadium Manager’s Request to Award Agreement to Fluoresco Services, LLC to Repaint and Install Signage Elements, and Procure EventRelated Signage Products for Levi’s Stadium (Stadium Event Signage CapEx Project)

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 ManCo.

The Stadium Manager is requesting approval for the following actions related to the Stadium Event Signage Capital Expense (CapEx) Project:

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

3. Authorize the Stadium Manager to execute change orders up to $4,028, for a total not to exceed construction agreement amount of $124,723.

The scope of the signage elements and products include access zone security signage, signage stands, medical office sign, and elevator button replacement.

The Stadium Authority Fiscal Year (FY) 2022/23 CapEx Budget includes $144,900 for the Stadium Event Signage line item.

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DISCUSSION
Stadium Authority staff reviewed the Stadium Manager’s Recommendation for Award memo, supporting procurement documents, and the draft agreement with Fluoresco Services, LLC (these documents are attached to corresponding report #23-113) for consistency against the Stadium Authority Procurement Policy and the City’s public works bidding practices (City Charter Section 1310). The Stadium Manager’s Request for Bids (RFB) received one response and the Stadium Manager is recommending award to the apparent low bidder that submitted a responsive bid.

Based on the documentation and provided information, staff recommends approval of the Stadium Manager’s request to award a one-time agreement to Fluoresco Services, LLC for the described project.

In regard to the Stadium Manager’s request for authority to execute any and all documents related to the project and issue change orders up to $4,028 of the construction agreement amount, staff recommends that this authority be delegated instead to the Executive Director or his designee.

Currently, the Executive Director has no procurement delegated authority under the Stadium Authority Procurement Policy. Approving staff’s recommendation to provide the Executive Director or his designee with such authority to approve the execution of documents related to the project and the execution of change orders up to $4,028 of the construction agreement amount accomplishes the expediency that the Stadium Manager seeks.

The Stadium Authority Counsel’s Office has reviewed the requested agreement for comparison to the Stadium Authority’s customary language. While there are some differences in the language, including portions covering compliance with laws such as prevailing wage and conflict of interest, the agreement submitted here for approval contains the necessary language which identifies these legal obligations to the vendor. The vendor expressly agrees to adhere to such obligations upon its execution of the agreement. Nothing in the proposed agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.

In addition, per paragraph 4(b) of the Settlement Agreement, the Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year-end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.

FISCAL IMPACT
As noted above, the Stadium Authority FY 2022/23 CapEx Budget includes $144,900 for the Stadium Events Signage line item. There are sufficient funds to cover the one-time agreement ($120,695) and the contingency to the agreement (up to $4,028).

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Additionally, the Stadium Manager expended $20,000 for design services and $177 for a San Jose Mercury News publication that was used to advertise the Request for Bids. On November 9, 2021, the Stadium Authority Board approved an agreement with M. Arthur Gensler Jr. & Associates, Inc. for design work. The Stadium Authority Board has also approved Stadium Manager’s purchase orders with San Jose Mercury News and Santa Clara Weekly for the Stadium Manager to publish legal notices for various solicitations. As such, neither of these expenses require further Board approval and there are sufficient funds to cover these costs.

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

RECOMMENDATION

1. Approve the Stadium Manager’s request to award a one-time agreement to Fluoresco Services, LLC to repaint select existing signage elements, install newly fabricated signage elements, and procure specified event-related signage products for Levi’s Stadium (Stadium Event Signage CapEx Project) in the amount of $120,695;

2. Authorize the Executive Director or his designee to approve the Stadium Manager’s execution of any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and

3. Authorize the Executive Director or his designee to approve the Stadium Manager’s execution of change orders up to $4,028 of the contract cost, for a total not to exceed construction agreement amount of $124,723.

Prepared by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director
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Santa Clara, CA 95050
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@SantaClaraCity
23-132 Agenda Date: 1/31/2023

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Request from the Stadium Manager to Award Purchase Orders to Valley Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit

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

DISCUSSION
On January 18, 2023, the Stadium Manager submitted the attached Recommendation for Award memo, along with supporting documentation, to request approval for the following:

1. Award a purchase order to VTA for an annual Construction Access Permit ($3,050) for traffic control measures and related training for ten Stadium Manager staff ($850) in the amount of $3,900;

2. Authorize payment via a credit card to procure required background screenings for ten Stadium Manager staff as required by the VTA Construction Access Permit and shipping of badges from VTA’s provider IPROVEIT for approximately $500; and

3. Award a purchase order to Benjamin Litho, Inc. to print cards for Guest Services in the amount of $153.

The Stadium Manager’s memo describes the requests in greater detail. These costs are covered in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Manager Expenses (Shared Expenses) Stadium Operations and Guest Services line items, respectively.

ATTACHMENTS

1. Stadium Manager’s Recommendation for Award Memo
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1 Date: January 17, 2023
To: Rajeev Batra
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
CC: Jim Mercurio, Executive Vice President & General Manager Subject: Recommendation for Award for Miscellaneous Items Recommend approval of the following acquisitions. An explanation and supporting documentation for each request has been provided with the recommendation.

1. Valley Transportation Authority Permit and Training - $3,900 and IPROVEIT - $500

2. Benjamin Litho, Inc. - $152.79
Submitted By: __________________________________ Date: ___________________ Jenti Vandertuig, Procurement Director

2 1. Valley Transportation Authority Permit and Training Valley Transportation Agency (VTA) operates VTA light rail trains throughout the city of San Jose and surrounding cities along medians and on former railroad tracks. They have exclusive authority over any activities located within VTA properties or facilities, within ten feet of any rail that is part of the VTA Light Rail System, including the Overhead Catenary System, and, that has the potential of affecting VTA property, service or assets. VTA requires a Construction Access Permit be obtained by any person or entity seeking to conduct activities within these designated areas, and requires that background checks be conducted on any staff conducting any permitted activities within the designated areas.

Stadium Manager hosts certain events at Levi’s® Stadium which includes among other things, setting up traffic control measures. The Stadium is located in close proximity to VTA tracks and to a VTA station. Stadium Manager staff, and certain vendors who are contracted with Stadium Manager to deploy traffic controls, will set up fences, barricades, and/or cones around the Stadium for traffic control. Due to the proximity of VTA tracks and station, some of the barricades, fences, and cones will need to be set up within ten feet of the VTA tracks and VTA station. Therefore, Stadium Manager needs to obtain a Construction Access Permit from VTA to set up certain traffic control measures such as barricades, fences, and cones within VTA’s exclusive authorized space.

Prior to granting a Construction Access Permit, VTA requires that any person, whether Stadium Manager staff or contracted vendor personnel, must have a background screening. In addition, VTA requires that all persons who conduct activities in their designated space, must participate in a training program that addresses safety measures required when conducting activities within the designated VTA spaces. Stadium Manager projects ten persons who need to participate in the mandatory VTA training program.

VTA requires that all background screening be conducted by their provider IPROVIT. IPROVIT is contracted by VTA to conduct background checks for any employee working on VTA’s “Right of way” and property. IPROVIT offers quick turnarounds on background checks, and manufactures VTA approved contractor’s badges. IPROVIT offers a professional edition applicant tracking system that is easy to use, and it uses features to help organize and streamline the entire process. IPROVIT requires payment by credit card only and will not accept any other forms of payment. The cost for each background check and shipping the badges is approximately $50 per person for a total amount of $500 for ten staff.

The annual cost of the Construction Access Permit is $3,050 and the annual cost for training is $85 per person for a total amount of $850 for ten Stadium Manager staff. The total cost of the annual permit and training for twenty staff is $3,900.
3 Therefore, approval is sought to issue a Purchase Order to VTA in the amount of $3,900 and authorize payment via a credit card to IPROVIT for a total not to exceed amount $500.

The costs for this purchase is covered in the FY22/23 SCSA Budget, Stadium Operations as a shared expense.

2. Printing Cards
Approval is sought to issue a Purchase Order to Benjamin Litho, Inc. to print cards for Guest Services in the amount of $152.79.

The cost for these purchases are covered in the FY22/23 SCSA Budget, Guest Services Department as a shared expense.

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23-133 Agenda Date: 1/31/2023

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Report from the Stadium Authority for Action on Stadium Manager’s Request to Award Purchase Orders to Valley Transportation Authority (VTA) for Annual Construction Access Permit and Related Training and Benjamin Litho, Inc. to Print Guest Services Cards; and Authorize Purchase from IPROVEIT for Background Checks Related to VTA Permit

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

The Stadium Manager is requesting approval for the following:

1. Award a purchase order to VTA for an annual Construction Access Permit ($3,050) for traffic control measures and related training for ten Stadium Manager staff ($850) in the amount of $3,900;

3. Award a purchase order to Benjamin Litho, Inc. to print cards for Guest Services in the amount of $153.

These costs are covered in the Stadium Authority Fiscal Year (FY) 2022/23 Shared Stadium Manager Expenses (Shared Expenses) Stadium Operations and Guest Services line items, respectively.

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DISCUSSION
Stadium Authority staff reviewed the Recommendation for Award memo (attached to corresponding report #23-132), purchase orders, and supporting documentation that was submitted for the requests for consistency with the Stadium Authority Procurement Policy and the Santa Clara City Code Sections 2.105.140(a) (Competitive requirements for purchases under $15,000). No competitive procurement method was implemented for the requested purchases and services since they are less than $15,000.

Based on this review, staff recommends approval of the Stadium Manager’s request to award purchase orders to VTA and Benjamin Litho, Inc. for the Construction Access Permit with related training and printing of Guest Services cards, and authorize payment via credit card to IPROVEIT for the background screenings related to the VTA permit.

The Stadium Authority Counsel’s Office has reviewed the requested purchase orders for comparison to the Stadium Authority’s customary language. While there are some differences in the language, including portions covering compliance with laws such as conflict of interest, the purchase orders submitted here for approval contain the necessary language which identifies these legal obligations to the vendor. The vendor expressly agrees to adhere to such obligations upon its execution of the purchase orders. Nothing in the proposed purchase orders changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.

Per Paragraph 4(b) of the Settlement Agreement, the Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year-end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.

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 or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The Stadium Authority FY 2022/23 Budget contains Shared Stadium Manager Expenses (Shared Expenses) for Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping Departments that 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 Operations line item to cover the VTA Construction Access Permit with related training ($3,900, of which the Stadium Authority is responsible for $1,950) and the required background screenings from IPROVEIT ($500, of which the Stadium Authority is responsible for $250).

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Additionally, there are sufficient funds in the FY 2022/23 Guest Services line item to cover the purchase order with Benjamin Litho, Inc. for the printing of cards for Guest Services ($153, of which the Stadium Authority is responsible for $77).

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

RECOMMENDATION

1. Approve the Stadium Manager’s request to award a purchase order to VTA in the amount of $3,900 for the annual Construction Access Permit and related training for Stadium Manager staff;

2. Approve payment via credit card to IPROVEIT in an amount not to exceed $500 for the background screenings of Stadium Manger staff as required by the VTA Construction Access Permit and shipping of badges; and

3. Approve the Stadium Manager’s request to award a purchase order to Benjamin Litho, Inc. in the amount of $153 to print cards for Guest Services.

Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Rajeev Batra, Executive Director
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23-276 Agenda Date: 1/31/2023

REPORT TO COUNCIL

SUBJECT
Public Hearing: Action on Amendment to the City of Santa Clara General Plan by Adopting an Updated Housing Element for the 2023-2031 Housing Element Cycle

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The Housing Element, one of the required elements of the City’s General Plan, includes policies and programs intended to help the City meet the housing needs of all current and future Santa Clara residents. State law requires that local jurisdictions update their housing elements every eight years and that the housing element be reviewed by the State Department of Housing and Community Development (HCD). Housing Elements are certified by HCD if found to be in substantial compliance with State Housing law.

The City’s current (5th housing cycle) Housing Element, which was adopted on December 9, 2014 and certified by HCD on February 13, 2015, covers the planning period that began on January 31, 2015 and ends on January 31, 2023.

The Housing Element update process begins with the assignment to each jurisdiction of a Regional Housing Needs Allocation (RHNA), establishing a particular number of housing units at various affordability levels that must be accommodated by the local jurisdiction. On January 12, 2022, HCD approved the Association of Bay Area Governments (ABAG) Plan for distributing a share of the region’s housing need to each of the Bay Area’s towns, cities, and counties. Santa Clara’s RHNA for 2023-2031 is 11,632 units, with more than half of these units distributed into three categories of designated affordability as shown in the table below.

City of Santa Clara 2023-2031 RHNA
Very Low
Income (<50%
AMI)
Low Income
(50-80% AMI)
Moderate
Income
(80-120% AMI)
Above Mod.

Income (>120%
AMI)
Total
2,872 1,653 1,981 5,126 11,632
AMI = Area Median Income
Santa Clara, with help from the City’s planning consultant MIG, Inc., prepared a comprehensive update of the City’s Housing Element and posted a Public Review Draft Housing Element online from July 1 through August 1, 2022.

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The Draft Housing Element was revised to address comments received during the 30-day public review period and on August 22, 2022, the City’s Initial Draft Housing Element was submitted to HCD for their 90-day review. Staff had an introductory meeting with HCD on October 12, 2022 to discuss their preliminary feedback on the Initial Draft. HCD provided their formal findings/comments (Attachment 1) on November 18, 2022 and City staff met subsequently with HCD staff on November 29, 2022 to discuss those comments. HCD determined that the City’s Initial Draft Housing Element addresses many statutory requirements but noted revisions necessary to comply with State Housing Element law.

A revised Draft Housing Element (Attachment 3) addressing HCDs comments and incorporating community feedback from the earlier drafts was reviewed by Santa Clara’s Planning Commission on January 26, 2023 (continued from January 11 and January 23, 2023). Additional background information on the Housing Element Update process was provided in a staff report and presentation to the Planning Commission (Attachment 4 and 5).

After adoption by the City Council, the Adopted Housing Element will be sent to HCD for review and certification. To facilitate HCDs review, they will be provided a redlined version of the Adopted Housing Element (showing the changes since their review of the Initial Draft), as well as a matrix showing each HCD comment and the City’s responses/revisions (Attachment 2).

DISCUSSION
The Planning Commission hearing on this item took place on January 26, 2023 (continued from January 11th and 23rd). Information on the Planning Commission’s discussion and their recommendations (resolutions for the Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR) and Housing Element and General Plan Amendment to Adopt the Updated Housing Element) will be provided in a supplement to this report.

Additional discussion is provided in the Report to the Planning Commission (Attachment 4).

ENVIRONMENTAL REVIEW
The City prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report (Attachment 6), which concluded that there is no substantial change to the General Plan that would require major revisions to the previous EIR; that there is no substantial change in circumstances as a result of modifications to the General Plan that would cause new or substantially more severe significant impacts; and, that there is no new information of substantial importance that identifies new or more intense significant impacts than those identified in the General Plan EIR.

FISCAL IMPACT
There is no fiscal impact associated with this report. On January 25, 2022, the City Council approved a consultant agreement with MIG, Inc. to update the City’s Housing Element and accepted $499,150 in reimbursable grant funding from the State’s Local Early Action Planning (LEAP) grant program. Of this grant funding, $199,968 will be used to fund MIG’s work and the remaining $299,182 will be used to fund City staff expenses. All grant funds must be expended on or before December 31, 2023.

Adoption of the Housing Element, as drafted, includes new and revised City programs to implement the Housing Element goals and policies in conformance with State requirements. The potential implementation of these programs will require future City Council review, including an analysis of their potential fiscal impacts.

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

On July 1, 2022, pursuant to Government Code Section 65352.3(a)(1), the City mailed letters to a list of tribes provided by the Native American Heritage Commission that included project information on the proposed Housing Element Update and offered an opportunity for the tribes to provide comment on the Draft Housing Element or request a consultation regarding historical resources or tribal cultural resources important to their community that could be impacted by the project. The City did not receive comments or requests for consultation.

On December 16, 2022, pursuant to Government Code 65352(a), the City mailed referral letters to tribes and outside agencies advising them of the City’s intent to take action on a General Plan Amendment to adopt the 2023-2031 Housing Element. The referral letters also included notice of the proposed Planning Commission and City Council Hearings.

On December 21, 2022, pursuant to Government Code Sections 65353 and 65355, a notice of public hearing was published in the Weekly, a newspaper of general circulation, regarding the Planning Commission and City Council public hearings.

On January 16, 2023, a GovDelivery bulletin was emailed to the City’s 1,535 Housing Element Update topic subscribers to let them know the availability of the Adoption Draft Housing Element on the Housing Element Update page and to remind subscribers of the proposed hearing schedule.

This update was also posted on the City’s social media outlets.

On January 24, 2023, a GovDelivery bulletin was emailed to the City’s 1,576 Housing Element Update topic subscribers to let them know the continuance of the Planning Commission hearing from January 23rd to January 26, 2023.

ALTERNATIVES

1. Adopt a Resolution to Adopt the Addendum to the 2010-2035 General Plan Environmental Impact Report.

2. Adopt a Resolution to Amend the General Plan by Adopting an Updated Housing Element for the 2023-2031 Cycle.

3. Adopt a Resolution to Amend the General Plan by Adopting an Updated Housing Element for the 2023-2031 Cycle with revisions.

City of Santa Clara Page 3 of 4 Printed on 1/26/2023
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23-276 Agenda Date: 1/31/2023

RECOMMENDATION
Alternatives: 1 & 2

1. Adopt a Resolution to Adopt the Addendum to the 2010-2035 General Plan Environmental Impact Report.

2. Adopt a Resolution to Amend the General Plan by Adopting an Updated Housing Element for the 2023-2031 Cycle.

Reviewed by: Andrew Crabtree, Director, Community Development Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. HCD Findings/Comment Letter on Initial Draft Housing Element

2. HCD Comments/City Response Matrix

3. Adoption Draft Housing Element

4. Planning Commission Staff Report

5. Planning Commission Presentation

6. Addendum

7. Addendum Resolution

8. General Plan Amendment/Housing Element Update Resolution City of Santa Clara Page 4 of 4 Printed on 1/26/2023
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 18, 2022
Andrew Crabtree, Director
Community Development Department
City of Santa Clara
1500 Warburton Ave
Santa Clara, CA 95050
Dear Andrew Crabtree:

RE: City of Santa Clara’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Santa Clara’s (City) draft housing element received for review on August 22, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on October 12,2022 with Reena Brilliot, Assistant Director Community Development; Lesley Xavier, Planning Manager; Adam Marcus, Housing and Community Services Division Manager; John Davidson, Principal Planner; John Baty, Consultant Planner; as well as your consultants Edward Samson and Roxanne Borzo Bertrand. In addition, HCD considered comments from several stakeholders and members of the community, pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Andrew Crabtree, Director

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City Council and Authorities ConcurrentJanuary 31, 2023

City Council and Authorities Concurrent
January 31, 2023