Agenda packet — City Council and Authorities Concurrent, March 21, 2023 (part 2 of 5)

E. Customer shall have reasonable access to records of SVP to confirm the accuracy of the reconciliation.

F. Upon completion or termination of Services, City shall reconcile Cost of Services against Deposit

1. If, after reconciliation, City determines that Deposit was greater than Cost of Services, City shall refund remaining funds to Customer within sixty (60) days of conclusion of invoicing by any third parties performing work associated with the Services.

2. If, after reconciliation, City determines that Cost of Services exceeded Deposit, City shall invoice Customer for any outstanding amounts.

Customer shall make payment within thirty (30) days of invoice.

Ill. Changes to Deposit or changes to Services:

A. Customer is responsible for all actual costs of Services even if City does not notify the customer of changes to the Cost of Services.

B. In the event that it becomes known to the City that the cost estimate will be exceeded, and those additional costs do not exceed the total Deposit, those additional costs may be passed through to Customer and deducted from Deposit without additional notification.

C. In the event that it becomes known to the City that the Cost-of-Service estimate must be revised such that the Deposit is insufficient to complete the Services, City shall notify Customer, in writing, of the updated cost estimate as soon as practicable. The Parties shall accept such updated estimates through execution of an Amendment to this Agreement including an update to Exhibit A.

1. If Customer agrees for City to continue Services, Customer shall remit additional deposit funds as required by City (Additional Deposit).

Upon execution of an Amendment to this Agreement and receipt of such Additional Deposit, City shall resume Services.

2. Should Customer decide not to authorize costs exceeding initial estimates and discontinue work, Customer shall be responsible for all costs up to the halt of Services. This may also include reasonable costs associated with cancelling or terminating services requested from others such as cancellation of materials purchases or other termination charges that may be incurred by City. In the event of cancellation under this provision, City shall complete accounting for Cost of Services as defined in Section II.

Deposit Agreement/Intel Corporation
Rev. 02/08/2022

Page 2 ends

IV. Term
The term of this agreement shall begin on the last date listed on the signature page and shall end six months after completion of Services unless terminated under the provisions of Section Ill or V of this Agreement.

V. Termination of Services:

A. In the event that either Party determines that it does not wish to continue Services, that Party will provide written notice to the other Party.

B. Upon receipt of such written notice from Customer, City will stop all work associated with the Services as soon as practicable and not more than thirty (30) days from the date of the notice from Customer.

C. Cost of Services shall be reconciled against Deposit as outlined in Section

11. VI. The performance of Services by SVP does not constitute conditional approval by the City of any portion of the Customer's project or a commitment by SVP to serve the Customer's anticipated electric load. Nothing in this Agreement shall be construed as a commitment by City to grant or issue any preliminary or final approvals in connection with provision of electric service or capacity, project planning, construction, including for General Plan Amendments, Rezoning, Development Plans, Subdivision Maps, Development Agreements, Environmental Impact Reports, and building permits. Customer acknowledges and agrees that nothing in this Agreement limits City's discretion. Customer agrees that it shall remain obligated to pay all costs for all work performed by SVP, regardless of whether any aspect of the Customer's project is ultimately approved.

VII. Hold Harmless/Indemnification
A. To the extent permitted by law, Customer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with Customer's obligations under this Agreement- including claims of any kind by Customer's employees or persons contracting with Customer to perform any portion of this Agreement- excluding the negligence or sole willful misconduct of City.

B. Customer's obligation in VII A to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, Deposit AgreemenUlntel Corporation
Rev. 02/08/2022
Page3
contractors, subcontractors or other agents of Customer against City ( either alone, or jointly with Customer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

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

City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Customer addressed as follows:

MSO Legal M/S 410
2500 Mission College Blvd., Santa Clara, CA 95054
CC: Marty Sedler, Director of Utilities, e-mail at [email protected] (480) 299-8129
The workday the e-mail was sent shall control the date notice was deemed given. An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

IX. Force Majeure
A. For the purpose of this Agreement, "Force Majeure" shall be defined as any cause beyond the control of the Party affected, and which by exercise of reasonable due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute, therefore.

B. Force Majeure includes Acts of God, flood, drought, earthquake, storm, tornado, fire, explosion, lightning, epidemic, public emergency, war, riot, civil disobedience, labor strike, labor dispute, labor or materials shortage (however labor or materials shortage does not include the mere inability to obtain that labor or material at a particular price), sabotage, restraint by court order, restraint by public authority, or action or non-action by governmental authority or accident.

Page 4 ends

settle any strike or labor dispute in which it may be involved. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of Force Majeure shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.

The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date .

CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation
Approved as to Form:

Office of the City Attorney
City of Santa Clara
Dated :
"CITY"
of the City Ma a er
Warburton A veA e
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

INTEL CORPORATION,
a Delaware Corporation
Dated : s-
By (Signature): ~~~~~~========----,_ _ __p.'.:__ _ _
Name:

Title:

Principal Place of
Business Address:

Telephone:

LEGAL OK
Elena
Ramirez
Deposit Agreement/Intel Corporation
Rev. 02/08/2022
I) t' ~n--) L & t./
J~ c/4~
"CUSTOMER "

Page 5 ends

DEPOSIT AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA AND

INTEL CORPORATION

EXHIBIT A - SCOPE OF SERVICES AND COST ESTIMATE

SCOPE SUM MARY
Initial scope shall be a study performed by Delta Star to detennine the modifications necessary to allow the transformers to operate at the requested 63MVA range.

SVP may proceed with various options based on the study results. Below is a summary of the complete scope with all options.

Upgrade existing transformers T1 and T2 at Juliette Substation from 50MVA top rating to 63MVA top rating.
• Delta Star Scope
o Item 1 - Load Study
o Item 1A - Optional deep inspection to assess transformer life. o Item 2 - Transfonner fan upgrade only (no oil processing) for HK Porter Transformer Serial #E7319 and E7320.
o Option A - Transformer fan upgrade plus oil processing and internal inspection.
o Option B - LTC Retrofit Only*
o Option C - Kelman DGA Monitor Only
o Option D - Dynamic Rating Only*
o Option E - Component Replacements & Re-Gasketing Only* • Options B, D and E not included in the deposit amount of $827,500 SVP Substation will perform the field work for this project:
• Remove existing alarm wiring between transformer and SCADA RTU and replace with new RS485 cable to bring transformer monitoring from the Dynamic Ratings device to the SCADA RTU.
• Provide control power for new Dynamic Ratings transformer monitor and Kelman 9-Gas DGA.
• Test and commission the transformer.
• Test and commission relay changes.
• Switching and clearances.

Deposit Agreement/Intel Corporation
Rev. 02/08/2022
Page6
AMENDMENT NO. 1

TO THE DEPOSIT AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

INTEL CORPORATION

PREAMBLE
This agreement ("Amendment No. 1") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Intel Corporation, a Delaware corporation, (Customer). City and Customer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The Parties previously entered into an agreement entitled "Deposit Agreement Between the City of Santa Clara, California and Intel Corporation", dated June 14, 2022 (Agreement);
B. The Parties entered into the Agreement for the purpose of having Customer pay a deposit related to the Services (as defined in the Agreement) for the project described in Exhibit A of the Agreement, as amended herein; and C. The Parties now wish to amend the Agreement to update the costs due to increase in scope provided by manufacturer.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. The first sentence of Section II of the Agreement is amended to read as follows:
"Customer agrees to deposit with the City two minion and six hundred and ten thousand and one hundred eighty dollars ($2,610,180.00) (Cost of Services) plus an additional twenty-five percent (25%) for contingencies."

2. Exhibit A of the Agreement, entitled "Scope of Work and Cost Estimate" is deleted and replaced with Exhibit A - Scope of Work- Amended January 1, 2023 and Exhibit B - Cost Estimate - Amended January 1, 2023.

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

Amendment No. 1 to Deposit AgreemenVlntelPage 1
Rev. 10/25/19
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the foUowing signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: --------------
Office of the City Attorney
City of Santa Clara
Dated:

By (Signature):

Name:
"CITY"
Office of the City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

INTEL CORPORATION
a Delaware corporation
~~ Martys.X = . ____ _
Title: Sr. Director, Global Utilities & Infrastructure
Principal Place of
Business Address:
2200 Mission College Blvd.

Santa Clara, CA 95054
Telephone: (4&0)715-07f4 Y~t1 ~ :21/f~f/?9
"CUSTOMER"
Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25/2019

Page 2 ends

DEPOSIT AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA ANO

INTEL CORPORATION
EXHIBIT A- SCOPE OF WORK -AMENDED JANUARY 1, 2023
Project Description
Customer and City entered into a substation agreement on November 22, 2004 for the construction of Juliette Substation and, pursuant to that agreement, Customer dedicated that substation to the City. The City currently owns and operates Juliette Substation, which is fully dedicated to Customer. To support Customer's increased load growth at the Juliette Substation, SVP will contract with Delta Star, Inc. or any successor entity to Delta Star (Delta Star) to perform work to increase the capacity rating for the existing two transformers at the Juliette Substation. This re-rate upgrade will increase the capacity rating of each transformer from 50MVA to 62MV A. This scope includes work performed by Delta Star and by SVP.

Scope
The scope of work to be performed by Delta Star and SVP includes the purchase and installation of equipment (including labor) and testing identified in Appendix A (Delta Star Scope of Work) as the upgrades necessary to increase the capacity rating on the existing transformers to 62MVA. As further described in Appendix A, Delta Star will provide manpower and equipment to upgrade fans, L V line lead cables, and add single ratio CTs to two 30/40/50 MVA HK Porter Transformers to uprate to 62 MVA. Delta Star wUI provide manpower and equipment to upgrade/add components and retrofit the L TC (TLH-21 to RMV-11) on two 30/40/50 MVA HK Porter Transformers. See Exhibit A for the complete scope of work details.

In addition to services performed by Delta Star, SVP staff will provide staff to complete tasks required for Delta Star's services such as: lockout/tagout, de-energize transformers, isolate transformers (removing conductor leads), install any additional control wiring that may be required, witness testing and commissioning, re-energize transformers, modify SCADA. In addition, SVP staff will provide oversight and project management for the Delta Star services.

Cost Estimate
The Cost Estimate for this work is detailed in Exhibit B - Cost Estimate - Updated January 1, 2023.

Amendment No. 1 to Deposit AgreemenU Intel Corporation
Rev. 10/25/2019

Page 3 ends

APPENDIX A

DEL TA STAR SCOPE OF WORK

1. Delta Star will perform a load study / engineering review to determine modifications necessary to potentially allow the transformers at Customer substation to operate at 62 MVA range including:

1.1. Analyze data to determine precise MVA uprate, seeking to meet 62 MVA pursuant to SVP request

1.2. Deliver report outlining new MVA potential and items required (Fans, cable size increases, etc.)

1.3. Update drawings
1 .4. Manufacture new nameplates for mounting on transformer

1.5. Delta Star will perform a full drain, internal inspection, and condition assessment of the cellulose 1nsulat1on inside transformer T2 including:

1.5.1. Arrival

1.5.1.1. 1.5.1.2.

1.5.1.3. 1.5.1.4.

Mobilize crews and equipment to site address
Conduct tailgate meeting to identify potential safety
hazards
SVP wi-H perform disconnection, de-energization,
isolation, lockout/tagout (LOTO), & grounding of
transformer, as required
Stage and ground equipment as required

1.5.2. Pre-Testing: Delta Star will perform the following tests:

1.5.2.1. Insulation Resistance - Core Ground (If accessible)

1.5.2.2. 1.5.2.3.

1.5.2.4. Insulation Resistance - Windings
Insulation Power Factor & Capacitance - Windings
Oil Screen: Dissolved Gas Analysis (DGA), Moisture,
01816-2, & Power factor@ 100°C

1.5.3. Work Scope

1.5.3.1. Delta Star will drain oil (5,270 gallons) into clean tanker supplied by Contractor.

1.5.3.2. 1.5.3.3.

1.5.3.4. Delta Star will have dry air flowing during draining and will check dew point when drain is complete.

Delta Star will maintain dry air supply with air quality testing to ensure adequate oxygen levels during all
maintenance work done internally to main tank.

Delta Star will perform confined space entry and
internal inspection identifying any abnormalities
Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25/2019
Page4

1.5.3.5. Delta Star will obtain cellulose (paper) samples from several areas inside of the transformer

1.5.3.6. Delta Star will re-tape and re-insulate disturbed areas as required.

1.5.3. 7. Delta Star will seal and pressurize transformer

1.5.3.8. Delta Star will obtain Dew Point measurement

1.5.3.9. Delta Star will vacuum at a level of 1 Torr (1,000 micron, 1 mm of Hg) less and hold for a minimum of 2
hours

1.5.3. ·10. Delta Star will conduct vacuum leak test

1.5.3.11. Delta Star will pull vacuum at a level of 1 Torr (1,000 micron, 1 mm of Hg) less and hold for a minimum of 10
hours

1.5.3.12. Delta Star will vacuum fill transformer oil while maintaining a vacuum level of 5 Torr or less

1.5.3.13. Delta Star will break vacuum and ensure oil is at proper level considering temperature

1.5.3.14. Delta Star will activate nitrogen system when complete

1.5.3.15. Delta Star will pressurize transformer and check for leaks

1.5.4. Final-Testing: Delta Star will perform the following tests:

1.5.4.1. 1.5.4.2.

1.5.4.3. 1.5.4.4.

1.5.4.5. Insulation Resistance - Core Ground (If accessible) Insulation Resistance - Windings
Insulation Power Factor & Capacitance - Windings
Oil Screen: DGA, Moisture, D1816-2, & Power Factor
@ 100°c
Degree of Polymerization Testing - Send cellulose
(paper) insulation samples to laboratory for analyzing

1.5.5. Assumptions:

1.5.5.1. Delta Star assumes units are Polychlorinated Biphenyls (PCB) free. If PCB concentration is higher than 49
PPM, Contractor will be unable to complete the work.

1.5.5.2. If PCB concentration is 1-49 PPM, Delta Star may invoice an additional decontamination and such costs
will be invoiced to Customer.

1.5.5.3. 1.5.5.4.

SVP will dispose of the oil.

Delta Star crews will work 7-days a week, and 8-12
hours per day uninterrupted. Any standby time or
delays that are beyond Delta Star's control, including
Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25/2019

Page 5 ends

those resulting from restricted or limited site access, will be considered out of scope work. Such costs will be
billed to SVP and SVP shall pass those costs onto
Customer as applicable.

1.5.5.5. Delta Star recommends a minimum of 24-hours
hold/soak period after oil filling prior to re-energization.

2. Transformer Rerate Item 1 - Delta Star will perform work needed for MVA Uprate to operate at 62MVA

2.1. Arrival

2.1.1. Delta Star wifl mobilize crews and equipment to SVP location

2.1.2. Delta Star will conduct tailgate meeting to identify potential safety hazards

2.1.3. SVP will peliorm disconnection, de-energization, isolation, Lock Out Tag Out (LOTO), & grounding of transformer, as required

2.1.4. Delta Star will stage and ground equipment as required

2.2. Pre-Testing - Delta Star will perform the following tests:

2.2.1. Insulation Resistance - Core Ground (If accessible)

2.2.2. Insulation Resistance - Windings

2.2.3. Insulation Power Factor & Capacitance - Windings

2.2.4. Insulation Power Factor & Capacitance - LV Bushings only (C1/C2)

2.2.5. Oil Screen: DGA, Moisture, 01816-2, & Power Factor@ 100°c

2.3. Transformer Uprate

2.3.1. Delta Star will drain oil (5,270 gallons) into clean tanker supplied by Delta Star

2.3.2. 2.3.3.

2.3.4. 2.3.5.

2.3.6. 2.3.7.

2.3.8. 2.3.9.

2.3.10. Delta Star will have dry air flowing during draining. Delta Star will check dew-point when drain is complete, if possible.

Delta Star will enter transformer and remove existing LV cable line ~eads and upgrade and replace with 500 MCM insulated cables Delta Star will retrofit/add two new single ratio Current Transformers (CT's) to LV bushing(s)
Delta Star will obtain Preventive Auto (PA) dimensions to design/manufacture new (future) PA described in Item 2
Delta Star will seal transformer and replace manhole cover gasket Delta Star will remove existing (12) fans
Delta Star will install new high flow (12) fans with new cords, supplied by Delta Star.

Delta Star will install new breakers as required.

Delta Star will perform function testing and operation of new fans Amendment No. 1 to Deposit Agreement/ Int.el Corporation Rev. 10/25/2019
Page6

2.4. Oil Filling

2.4.1. Delta Star will perform Dew Point test to establish filling process

2.4.2. If needed, Delta Star will circulate 1/3 volume of oil to 65°C and hold for 1 hour and then drain oil

2.4.3. Delta Star will pull vacuum at a level of 1 Torr (1,000 micron, 1 mm of Hg) less and hold for a minimum of 2 hours

2.4.4. Delta Star will conduct vacuum leak test

2.4.5. Delta Star will pull vacuum at a level of 1 Torr (1,000 micron, 1 mm of Hg) less and hold for a minimum of 4-6 hours

2.4.6. Delta Star will vacuum fill transformer oil while maintaining a vacuum level of 5 Torr or less

2.4.7. Delta Star will break vacuum and ensure oil is at proper level considering temperature

2.4.8. Delta Star will pressurize and check for leaks

2.5. Final TesUng: Delta Star will perform the foUowing tests:

2.5.1. Transformer Turns Ratio (TTR)

2.5.2. Insulation Resistance - Core Ground (If accessible)

2.5.3. Insulation Resistance - Windings

2.5.4. Insulation Power Factor & Capacitance - Bushings (Hot Collar if test tap not available)

2.5.5. Insulation Power Factor & Capacitance - Windings

2.5.6. Winding Resistance

2.5.7. Oil Screen: DGA, Moisture, D1816-2, & Power Factor@ 100°C

2.5.8. Delta Star will perform all testing in the as-found DETC & L TC tap positions, unless otherwise noted.

2.6. SVP will perform grounding removal, LOTO removal, bushing connections, and re-energization of transformer.

2.7. Cleanup site and demobilize

3. Transformer Rerate - Item 2 -LTC Retrofit & Components Upgrade/Additions

3.1. Arrival

3.1.1 . Delta Star will mobilize crews and equipment to SVP identified location

3.1.2. Delta Star will conduct tailgate meeting to identify potential safety hazards

3.1.3. SVP will perform disconnection, de-energization, isolation, LOTO, & grounding of transformer, as required

3.1.4. Delta Star will stage and ground equipment as required Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25/2019

Page 7 ends

3.2. Pre-Testing: Delta Star will perform the following tests:

3.2.1. Transformer Turns Ratio (TTR)

3.2.2. Insulation Resistance - Core Ground (If accessible)

3.2.3. Insulation Resistance - Windings

3.2.4. Insulation Power Factor & Capacitance -- L V Bushings Only (Hot Collar if test tap not available)

3.2.5. Insulation Power Factor & Capacitance - Windings

3.2.6. Single Phase Excitation

3.2.7. SFRA-Sweep Frequency Response Analysis (Existing DETC Tap to L TC Tap 16R)

3.2.8. Winding Resistance

3.2.9. Oil Screen: DGA, Moisture, 01816-2, & Power Factor@ 100°C

3.2.10. Delta Star will perform all testing in the as-found DETC & L TC tap positions.

3.3. L TC Retrofit

3.3.1. Delta Star will drain oil (5,270 gallons) from main tank into clean tanker supplied by Delta Star.

3.3.2. Delta Star will dispose of L TC oil.

3.3.3. Delta Star will remove TLH-21 LTC and replace with RMV-11-1500 L TC, supplied by Delta Star including the following tasks to be performed by Delta Star:

3.3.3.1. Remove LV arresters and PTs

3.3.3.2. 3.3.3.3.

3.3.3.4. 3.3.3.5.

3.3.3.6. 3.3.3.7.

3.3.3.8. 3.3.3.9.

3.3.3.10. 3.3.3.11.

3.3.3.12. 3.3.3.13.

Cut existing stands off the TLH-21 compartment
Label and disconnect L TC leads internally
Label and disconnect PA/Series leads internally
Cut existing TLH-21 LTC off tank and remove filter
system.

Take ownership of old L TC for disposal.

Pull existing PA out of the main tank
Install new PA supplied by Delta Star.

Weld on side access plate
Weld on L TC adaptor plate
Weld on new L TC RMV-1500
Connect leads internally
Install motor drive centered at 5' height from the
foundation
Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25/2019

Page 8 ends

3.3.3.14. Procure, engineer, and install Messko LLG, PRD, SPR, and L TC Desiccant Breather.

3.3.3.15. Installed L TC to be controlled via Dynamic Ratings

3.3.3.16. Leave Beckwith M2001 installed in place as a back-up isolating wiring terminations for future use.

3.3.4. Delta Star will weld new bracket for the LV arresters on PTs on the cover lip. New bracket supplied by Delta Star.

3.3.5. Delta Star will touch up paint

3.3.6. Delta Star will mount Kelman DGA 900 monitor to the transformer tank with monitor supplied by Delta Star and the following tasks performed by Delta Star:

3.3.7. 3.3.6.1. Install SEL 3031 Serial Radio Transceiver for point-to point communication to the powerhouse.

3.3.6.2. Install with vibration dampeners.

3.3.6.3. Inlet oil from the fill valve (1" tee-adaptor)

3.3.6.4. 3.3.6.5.

3.3.6.6. Outlet into the drain valve (2" tee-adaptor)
Run conduit from Kelman to DR and Main Cabinet
GE personnel to provide onsite commissioning with
Delta Star supervision.

Delta Star will mount Dynamic Ratings E3 transformer monitor in separate cabinet to the right of the nitrogen cabinet including the following:

3.3.7.1. 3.3.7.2.

3.3.7.3. 3.3.7.4.

3.3.7.5. 4-20mA SCADA
RS485 (SVP will complete trenching and bring cable to
cabinet)
Top oil, LTC oil, and Ambient RTD (Replace top oil
wells and plug one)
L TC Controller
HV bushing monitoring

3.4. Component Replacements & Re-gasketing

3.4.1. Defta Star will replace all oil immersed gaskets outlined below with new gaskets supplied by Delta Star including the following:

3.4.1.t. Reptace (3) HV bushings with new bushings and
gaskets supplied by Delta Star. SVP will dispose of old bushings.

3.4.1.2. (3) LV bushings.

3.4.1.3. (1) XO bushing.

Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25120i9

Page 9 ends

3.4.1.4. (12) radiators including replace valve packing on (24) radiator valves.

3.4.1.5. PRO. Replace (2) PRDs with new PRDs supplied by Delta Star.

3.4.1.6. SPR. Replace SPR with new SPR supplied by Delta Star.

3.4.1.7. (2) liquid level gauge. Replace with new liquid level gauge supplied by Delta Star.

3.4.1.8. (1) liquid temperature gauge. Remove gauge and replace with Dynamic Ratings E3 probe.

3.4.1.9. (1) winding temperature gauge. Remove gauge and replace with Dynamic Ratings E3 probe.

3.4.1.10. (1) drain valve. Replace drain valve with new valve supplied by Delta Star.

3.4.1.11. (1) fill valves. Replace fill valve with new valve supplied by Delta Star.

3.4.1.12. ( 1) sampling valve

3.4.1.13. (1) Seal-N-Panel. Replace panel with new panel supplied by Delta Star.

3.4.1.14. DETC handle

3.4.1.15. Manholes

3.4.2. Delta Star will replace (3) HV and (3) LV arresters with new arresters supplied by Delta Star. SVP will dispose of old arresters.

3.4.3. Delta Star will flush and clean cellulose insulation as required to clean, based on prior findings

3.4.4. Delta Star will pressurize unit and check for leaks. If no leaks, set up for vacuum oil fill

3.5. Oil Filling

3.5.1. Delta Star will perform Dew Point test to establish filling process

3.5.2. If needed, Delta Star will circulate 1/3 volume of oil to 65°C and hold for 1 hour and then drain oil

3.5.3. Delta Star will pull vacuum at a level of 1 Torr (1,000 micron, 1 mm of Hg) less and hold for a minimum of 2 hours

3.5.4. Delta Star will conduct vacuum leak test

3.5.5. Delta Star will pull vacuum at a level of 1 Torr (1,000 micron, 1 mm of Hg) less and hold for a minimum of 10 hours

3.5.6. Delta Star will vacuum fill transformer oil while maintaining a vacuum level of 5 Torr or less
Amendment No. 1 to Deposit AgreemenU Intel Corporation
Rev. 10/25/2019

Page 10 ends

3.5.7. Delta Star will break vacuum and ensure oil is at proper level considering temperature

3.5.8. Delta Star will pressurize and check for leaks

3.6. Flnal:..Testing - Delta will perform the following tests:

3.6.1. Transformer Turns Ratio (TTR)

3.6.2. Insulation Resistance - Core Ground (If accessible) Insulation Resistance - Windings 3.6.3.

3.6.4. Insulation Power Factor & Capacitance - Bushings (Hot Collar if test tap not available)
Insulation Power Factor & Capacitance - Windings
Surge Arresters - mA & Watts Loss
Single Phase Excitation

3.6.5. 3.6.6.

3.6.7. 3.6.8. SFRA - Sweep Frequency Response Analysis (Existing DETC Tap to LTC Tap 16R)
Winding Resistance
Controls functionality testing

3.6.9. 3.6.10.

3.6.11. Oil Screen: DGA, Moisture, D1816-2, & Power Factor@ 100°C

3. 7. SVP will perform grounding removal, LOTO removal, bushing connections, and re-energization of transformer

3.8. Delta Star will cleanup site and demobilize

4. Notes and Assumptions

4.1. Delta Star will perform all final testing in the as-found DETC tap position and all L TC taps, unless otherwise noted.

4.2. Delta Star assumes all units are PCB free. Silicon Valley Power will be required to provide recent oil reports (within the last 90 days} showing current PCB content or certifying units are PCB free.

4.3. Any delays due to the presence of epoxy requiring removal will be invoiced to City based on T&M rates. Such costs will be passed through to Customer.

4.4. Tanker rental includes up to 3 weeks of storage per transformer. Each additional day beyond 3 weeks of storage will be billed at a daily rate per tanker of $250/day

4.5. Delta Star recommends a minimum of 24-hours hold/soak period after oil filling prior to re-energization.

4.6. Any work that has not been outlined and identified in Delta Star's quotation, will be considered out-of-scope work, and additional pricing will apply and will be invoiced in accordance with Delta Star's Field Service Rate Schedule FS- 1 000A. Such costs will be passed through to Customer pursuant to Section Ill of the Agreement.

Amendment No. 1 to Deposit Agreemenl/ Intel Corporation Rev. 10/25/2019

Page 11 ends

4.7. A One-Year (12-month) warranty will be included for all work performed and outlined in Delta Star's proposal and no additional warranty will be provided.

Because this equipment is service-aged and not new, the warranty will be a workmanship warranty only. For clarification purposes, all services pertormed, and components delivered/purchased, will carry Delta Star's standard one-year workmanship warranty. For example, any items disturbed by Delta Star personnel, such as a manhole gasket, would be covered under the warranty. If the manhole leaks during the warranty period, Delta Star would be responsible for repairing it at no cost to SVP. For a component, such as replacing HV bushings but not replacing L V bushings, the warranty would only apply to the newly replaced HV bushings, as an example, and not the existing old L V bushings.

Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25/2019

Page 12 ends

EXHIBIT B
COST ESTIMATE - AMENDED JANUARY 1, 2023
Extended
Item Quantity Unit Unit Cost Cost
(Rounded)
1 1 Lot $8,800.00 $8,800
2 1 Lot $48,790.00 $48,790
3 1 Lot $19,990.00 $19,990
4 2 Each $117,460.00 $234,920
5 2 Each $815,776.00 $1,631,552
6 80 Hours $191.31 $15,305
7 16 Hours $200.82 $3,214
8 80 Hours $171.67 $13,734
9 16 Hours $193.67 $3,099
10 12 Hours $162.99 $1,956
11 12 Hours $162.99 $1,956
12 12 Hours $117.43 $1,410
13 27 Hours $150.33 $4,059
14 Percent 5% $99,439
15 Percent 25% $522,056
$2,610,280.00
Amendment No. 1 to Deposit Agreement/ Intel Corporation Rev. 10/25/2019
Description
Load Study performed by Delta Star
Deep Inspection performed by Delta Star to assess
transformer life
Additional Services associated with Load Study
and Deep Inspection (L TC Troubleshooting and
Prevailing Wage Adjustment)
Manpower and equipment to upgrade fans, LV line
lead cables, and add single ratio CTs to two
30/40/50 MVA HK Porter Transformers to uprate to
62 MVA Performed by
Delta Star will provide manpower and equipment to
upgrade/add components and retrofit the L TC
{TLH-21 to RMV-11), add Kelman DGA, add
Dynamic Ratings E3 transformer monitor on two
30/40/50 MVA HK Porter Transformers. Includes
pre and post testing, flush and clean cellulose
insulation based on deep inspection findings.

SVP Senior Utility Electrician Technician
SVP Electric Division Manager
SVP Electric Utility Engineer
SVP Principal Electric Utility Engineer
SVP Electric Utility Electrician
SVP Electric Utility Electrician
SVP Electric Maintenance Worker
SVP Electric SCADA Senior Energy Systems
Analyst
Contribution in Lieu (5%)
Contingency (25%)
TOTAL

Page 13 ends

Deposit Agreement/Intel Corporation Page 1
Rev. 02/08/2022

DEPOSIT AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA
AND

INTEL CORPORATION

PREAMBLE
This Deposit agreement (“Agreement”) is by and between Intel Corporation, a Delaware corporation, with its principal place of business located at 2200 Mission College Boulevard, Santa Clara, California 95054 (“Customer”), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050, doing business as Silicon Valley Power (the “City” or “SVP”). SVP and Customer may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
The City and Customer agree as follows:

I. Customer is proposing to expand the capacity of the Juliette Substation by the addition of a third transformer bank.

II. Customer requires engineering design services from SVP (Services) as is further outlined in Exhibit A – Scope of Services and Cost Estimate- attached hereto this Agreement and incorporated herein by reference, and City agrees to perform or cause to perform the Services in conformance with that Exhibit.

A. City agrees to perform Services requested by Customer as outlined in Exhibit A (Scope of Services).

B. City has estimated the Costs of Services including related costs such as, but not limited to labor, materials, subcontracted services, permits, and easements as well as any other City costs such as taxes, fees, and overhead that may be identified by City required to complete Services. An estimate of the Cost of Services is included in Exhibit A, Section 3.

III. Customer agrees to deposit $1,702,313 (Deposit) with the City to fund the estimated Cost of Services.

A. Deposit shall be equal to the estimated Cost of Services plus a twenty-five percent (25%) contingency.

B. Customer understands that such Deposit is a retainer based on estimated Cost of Services and is not a fixed fee for required services.

Deposit Agreement/Intel Corporation Page 2
Rev. 02/08/2022

C. Deposit must be received by City before Services are initiated by City.

D. City shall maintain accounting for Deposit using a process that will permit City to provide routine reporting to Customer upon request. Customer understands that periodic reporting will be based on invoices and other information received as of the time of the report and there may be additional costs that have not yet been invoiced to City.

E. Customer shall have reasonable access to SVP records to confirm the accuracy of the reconciliation.

F. Upon completion or termination of Services, City shall reconcile Cost of Services against Deposit

1. If, after reconciliation, City determines that Deposit was greater than Cost of Services, City shall refund remaining funds to Customer within sixty (60) days of the conclusion of invoicing by any third parties performing work associated with Services.

2. If, after reconciliation, City determines that Cost of Services exceeded Deposit, City shall invoice Customer for any outstanding amounts.

Customer shall make payment within thirty (30) days of invoice.

IV. Changes to Deposit or changes to Services:

A. Customer is responsible for all actual costs of services even if City does not notify the customer of changes to the Cost of Services.

B. In the event that it becomes known to the City that the Exhibit A cost estimate will be exceeded and those additional costs do not exceed the total Deposit, those additional costs may be passed through to Customer and deducted from Deposit without additional notification.

C. In the event that it becomes known to the City that the Cost of Services estimate must be revised such that the Deposit is insufficient to complete the Services, City shall notify Customer, in writing, of the updated cost estimate as soon as practicable. The parties shall accept such updated estimates through execution of an Amendment to this Agreement including an update to Exhibit A.

1. If Customer agrees for City to continue Services, Customer shall remit additional deposit funds as required by City (Additional Deposit).

Upon execution of an Amendment to this Agreement and receipt of such Additional Deposit, City shall resume Services.

others such as cancellation of materials purchases or other termination charges that may be incurred by City. In the event of cancellation under this provision, City shall complete accounting for Cost of Services as defined in Section II.

V. Term
The term of this Agreement shall begin on the last date listed on the signature page and shall end six months after completion of Services and Customer’s fulfillment of its payment obligations unless earlier terminated under the provisions of Section III of this Agreement.

VI. Termination of Services:

A. In the event that either Party determines that it does not wish to continue Services, that Party will provide written notice to the other Party.

C. The actual Cost of Services shall be reconciled against Deposit as outlined in Section II.

VII. The performance of Services by SVP does not constitute conditional approval by the City of any portion of the Customer’s project or a commitment by SVP to serve the Customer’s anticipated electric load. Nothing in this Agreement shall be construed as a commitment by City to grant or issue any preliminary or final approvals in connection with provision of electric service or capacity, project planning, construction, including for General Plan Amendments, Rezoning, Development Plans, Subdivision Maps, Development Agreements, Environmental Impact Reports, and building permits. Customer acknowledges and agrees that nothing in this Agreement limits City's discretion. Customer agrees that it shall remain obligated to pay all costs for all work performed by SVP, regardless of whether any aspect of the Customer’s project is ultimately approved.

VIII. H old Harmless/Indemnification
A. To the extent permitted by law, Customer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with Customer’s obligations under this Agreement – including claims of any kind by Customer’s employees or persons contracting with Deposit Agreement/Intel Corporation Page 4
Rev. 02/08/2022

Customer to perform any portion of this Agreement.

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

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

City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]

And to Customer addressed as follows:

MSO Legal M/S 410
2500 Mission College Blvd., Santa Clara, CA 95054
CC: Marty Sedler, Director of Utilities
and by e-mail at [email protected]
Tel. 480-299-8129
The workday the e-mail was sent shall control the date notice was deemed given. An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

X. Force Majeure
A. For the purpose of this Agreement, “Force Majeure” shall be defined as any cause beyond the control of the Party affected, and which by exercise of reasonable due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefore.

Deposit Agreement/Intel Corporation Page 5
Rev. 02/08/2022

Deposit Agreement/Intel Corporation Page 6
Rev. 02/08/2022

CITY OF SANTA CLARA, CALIFORNIA,
a chartered California municipal corporation

Approved as to Form: Dated:

GLEN R. GOOGINS
City Attorney
City of Santa Clara

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

INTEL CORPORATION,
a Delaware corporation
Dated:

By (Signature):

Name: Marty Sedler
Title: Director, Global Utilities
Principal Place of
Business Address:
2200 Mission College Blvd., Santa Clara, CA
95054
Telephone: (480) 299-8129
“CUSTOMER”

Deposit Agreement/Intel Corporation Page 7
Rev. 02/08/2022

DEPOSIT AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA AND

INTEL CORPORATION
EXHIBIT A – SCOPE OF SERVICES AND COST ESTIMATE

1. PROJECT DESCRIPTION

1.1. Customer anticipates increased load growth at the Juliette Substation Expansion (Substation Expansion) to increase the capacity from 62MVA to 100MVA by adding a third transformer bank.

1.2. To support the Substation Expansion, SVP will select a consultant to serve as the Engineer-of-Record (EOR) for the design of the Substation Expansion.

The Services include work performed by the EOR as well as services performed by SVP.

2. SCOPE

2.1. The EOR selected by SVP will perform design services for the Substation Expansion.

2.2. The EOR will perform services to design the new transformer, the 60kV control building expansion, and the protection and controls systems related to the protection, operation, and maintenance of SVP’s facilities.

2.3. The EOR will design a new 60kV control enclosure which will include relay and control panels for the protection of SVP’s 60kV transmission system.

The control enclosure will include Supervisory Control and Data Acquisition (SCADA) communication equipment, AC/DC station service panels, station batteries and charger, and communication equipment.

2.4. The EOR will design the relay control panel upgrades, as required, to accommodate the expanded substation at the adjacent Central Substation and San Tomas Junction Substations.

2.5. The EOR will perform a review of the existing substation layout and the development of a general arrangement plan that includes the new transformer, expanded control building, and any other on-site existing equipment rearrangements.

2.6. The EOR will perform a review of the existing transmission line and the development of a preliminary route for a rebuilt line for service to the substation.

2.7. The EOR will prepare a design for upgraded physical security.

2.8. The EOR will schedule site visits to the Juliette Substation along with the adjacent substations to compare the provided record drawings with the Deposit Agreement/Intel Corporation Page 8
Rev. 02/08/2022

existing field conditions. This includes performing point-to-point inspections.

2.9. The EOR will create the general arrangement plan and prepare civil drawings for the Substation Expansion.

2.10. The EOR will design the expansion to the existing control building which will include additional relay and control panels for the protection of SVP’s 60 kV system as required by the placement of the third transformer.

2.11. SVP will select a consultant to serve as the Environmental Consultant for the project.

2.11.1. Services are intended to be performed in parallel with the negotiation of a substation agreement.

2.11.2. The Environment Consultant will perform research to determine if a Categorical Exemption for the CEQA clearance is needed for the Substation Expansion.

2.11.2.1. If a Categorical Exemption is appropriate the Environmental Consultant will prepare and submit the
appropriate documents

2.11.2.2. If a Categorical Exemption is not appropriate the Environmental Consultant will prepare a cost estimate and scope required for the CEQA clearances

2.12. SVP will be responsible for coordinating reviews, Requests for Information (RFIs), and other communications between the EOR and Customer.

3. COST ESTIMATE
Item Estimate (Rounded) Description
Engineering Design Consultant
Project Management $100,000.00
Substation Design $953,000.00
Procurement Drawings,
Specifications and Bidding $139,000.00
Support $45,000.00
EOR to provide engineering
support to City or other
consultants such as environmental
consultants or easement review
Subtotal $1,237,000.00
Environmental Consultant
Deposit Agreement/Intel Corporation Page 9
Rev. 02/08/2022

Item Estimate (Rounded) Description
CEQA
$10,000.00
Environmental consultant to
prepare a Notice of Exemption
(NOE) and supporting technical
memo
Subtotal $10,000.00
City Services
City Staff $50,000.00
Subtotal $50,000.00

Total $1,297,000.00
Other Fees
Contingency (25%) $324,250.00
5% contribution in lieu $81,063.00
Grand Total $1,702,313

DocuSign Envelope ID: D338EC65-EE9E-481D-88D1-53E5183C37BB

DEPOSIT AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA
AND

WEST VALLEY - MISSION COMMUNITY COLLEGE DISTRICT

PREAMBLE
This Deposit agreement ("Agreement"), deposit and reimbursement for services outlined herein, is by and between West Valley - Mission Community College District, a California Public Community College with its principal place of business located at 14000 Fruitvale Ave, Saratoga, CA 95070 ("Customer"), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050, doing business as Silicon Valley Power (the "City" or "SVP"). SVP and Customer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
The City and Customer agree as follows:

I. Customer requires services from SVP (Services). Such services are outlined in Exhibit A - Scope of Services and Cost Estimate attached to this Agreement and incorporated by reference.

A. City agrees to perform Services required by City.

B. City has estimated the costs of Services including related costs such as, but not limited to labor, materials, subcontracted services, permits, and easements required to complete Services (Cost of Services). Such costs may include costs of services provided directly by SVP and / or costs provided by third parties contracted by SVP.

II. Customer agrees to deposit$ 372,750 (Deposit) with the City.

A. Deposit shall be equal to the estimated Cost of Services plus a twenty-five percent (25%) contingency as well as any other City costs such as taxes, fees, and overhead that may be identified by City.

B. Customer understands that such Deposit is a retainer based on estimated Cost of Services and not a fixed fee for required services.

C. Deposit must be received by City before any work activity shall be initiated by City.

D. City shall maintain accounting for Deposit using a process that will permit City to provide routine reporting to Customer upon request. Customer understands that periodic reporting will be based on invoices and other information received as of the time of the report and there may be Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page 1
DocuSign Envelope ID: 0338EC65-EE9E-4810-8801-53E5183C37BB additional costs that have not yet been invoiced to City.

E. Customer shall have reasonable access to records of SVP to confirm the accuracy of the reconciliation.

F. Upon completion or termination of Services, City shall reconcile Cost of Services against Deposit.

1. If, after reconciliation, funds are remaining in Customer's Deposit, City shall refund remaining funds to Customer within sixty (60) days of conclusion of invoicing by any third parties providing service associated with Services.

2. If, after reconciliation, City determines that Deposit was insufficient to complete Services, City shall invoice Customer for any outstanding amounts. Customer shall make payment within thirty (30) days of invoice.

Ill. Changes to deposit or changes to Services:

A. Customer is responsible for all actual costs of services even if City does not notify the customer of changes to the Cost of Services.

B. In the event that it becomes known to City that the cost estimate will be exceeded, and those additional costs do not exceed the total Deposit, those additional costs may be passed through to Customer and deducted from Deposit without additional notification.

C. In the event that it becomes known to the City that, the Cost of Service estimate must be revised such that the Deposit is insufficient to complete the Services, City shall notify Customer, in writing, of the updated cost estimate as soon as practicable. The parties shall accept such updated estimates through execution of an Amendment to this Agreement including an update to Exhibit A.

1. If Customer agrees for City to continue Services, Customer shall remit additional deposit funds as required by City (Additional Deposit).

Upon execution of an Amendment to this Agreement and receipt of such Additional Deposit, City shall resume Services.

2. Should Customer decide not to authorize costs exceeding initial estimates and discontinue work, Customer shall be responsible for all costs up to the halt of Services. This may also include costs associated with cancelling or terminating services requested from others such as cancellation of materials purchases or other termination charges that may be incurred by City. In the event of cancellation under this provision, City shall complete accounting for Cost of Services as defined in Section II.

Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page 2
DocuSign Envelope ID: D338EC65-EE9E-481D-88D1-53E5183C37BB IV. Term
The term of this agreement shall begin on the date last date listed on the signature page and shall end six months after completion of Services unless terminated under the provisions of this Agreement.

V. Termination of Services:

A. In the event that either Party determines that it does not wish to continue Services, that Party will provide written notice to the other Party.

C. Cost of Services shall be reconciled against Deposit as outlined in Section

11. VI. The performance of Services by SVP does not constitute conditional approval by the City of any other project or future services for Customer. Nothing in this Agreement shall be construed as a commitment by City to grant or issue any preliminary or final approvals in connection with provision of electric service or capacity, project planning, construction, including for General Plan Amendments, Rezoning, Development Plans, Subdivision Maps, Development Agreements, Environmental Impact Reports, and building permits. Customer acknowledges and agrees that nothing in this Agreement limits City's discretion. Customer agrees that it shall remain obligated to pay all costs for all work performed by SVP, regardless of whether any aspect of the Customer's project is ultimately approved.

VII. Hold Harmless/Indemnification
A. To the extent permitted by law, Customer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with this Agreement - including claims of any kind by Customer's employees or persons contracting with Customer to perform any portion of this Agreement- and shall expressly include passive or active negligence by City connected with the Agreement. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page 3
DocuSign Envelope ID: 0338EC65-EE9E-4810-88D1-53E5183C3788 B. Customer's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Customer against City (either alone, or jointly with Customer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

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

City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Customer addressed as follows:

Javier Castruita
West Valley College
14000 Fruitvale Ave
Saratoga, CA 95070
or by email at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given. An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

B. Force Majeure includes Acts of God, flood, drought, earthquake, storm, tornado, fire, explosion, lightning, epidemic, public emergency, war, riot, civil disobedience, labor strike, labor dispute, labor or materials shortage (however labor or materials shortage does not include the mere inability to Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page 4
DocuSign Envelope ID: D338EC65-EE9E-481D-88D1-53E5183C37BB obtain that labor or material at a particular price), sabotage, restraint by court order, restraint by public authority, or action or non-action by governmental authority or accident.

C. No Party shall be relieved of liability for failure of performance if such failure is due to causes arising out of its own negligence or due to the removal of remediable causes which it fails to take reasonable efforts to remove or remedy within a reasonable time, or due to mere fluctuations in market prices. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of Force Majeure shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.
[SIGNATURES ON FOLLOWING PAGE]
Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page 5
DocuSign Envelope ID: 0 338EC65-EE9E-481D-8801-5 3E5183C37BB The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form :

Digitally signed by Luis M.

Luis M. Haro ~=~~: 2022.03.23 15:37:16
-07'00'
Office of the City Attorney
City of Santa Clara
Dated : 3 /add()a_;;_
I
"CITY"
0 1 e o the City Mana r
CIfy of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-221 0
Fax: (408) 241-6771

WEST VALLEY - MISSION COMMUNITY COLLEGE DISTRICT
a California Public Community College
Dated: 3/ 8/ 2022
Associate Vice Chancellor Facilities
Title: Development and Operations
Principal Place of 14000 Fruitvale Ave.

Business Address : Saratoga , CA 95070
Telephone : 408-741 -2042
"CUSTOMER "
Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page 6
DocuSlgn Envelope ID: D338EC65-EE9E-481D-88D1-53E5183C37BB

DEPOSIT AGREEMENT BETWEEN

THE CITY OF SANT A CLARA, CALIFORNIA AND

WEST VALLEY - MISSION COMMUNITY COLLEGE DISTRICT

EXHIBIT A - SCOPE OF WORK AND COST ESTIMATE
Project Description
SVP must complete system upgrades in order to accommodate Customer's Distributed Energy Resource (DER) system. Mission College has an existing 1.12 MW Photovoltaic (PV) capacity. In addition to the existing PV Capacity, Customer will interconnect and operate a new 2.5 MW PV with 2MW/4MWH battery energy storage in parallel operation with SVP's distribution system.

Scope
The scope of work to be performed by SVP includes the purchase and installation by SVP personnel of equipment identified as system upgrades necessary to interconnect the Customer's system to Silicon Valley Power's distribution system. This scope does not require SVP to acquire any easements or permits on the behalf of the customer.

Cost Estimate
The Preliminary estimation of costs below includes interconnection and/or system upgrades required to interconnect the Customer's system to Silicon Valley Power's distribution system, but does not include any generation facilities constructed, owned and operated by the Customer. The below costs are estimates using average cost without actual field verification.

Interconnection Customer Notes
Requirements Cost
Fiber Installation $29,000 Includes staff labor. Engineering by Fiber group, construction by SVP Fiber Group
···~--~····
T&D Installation $8,000 Includes staff labor. Engineering by SVP, SVP system support, SVP Transmission and
Distribution crew to construct
,.,,., ••• ,=,••'""""""""""""r••- --·-······-·-······-·· , .... ,.,,,,, ... ··----·········-· Vacuum Disconnect $170,000 Equipment procurement from Innovative Switch Switchgear
-·-
Programming $37,000 Performed by Eaton/innovative Switchgear Acceptance Testing $17,000 Acceptance and commissioning cost performed and Commissioning by Eaton/Innovative Switchgear
····-··-····-···---·····--·--- ·-·- "••••••••••"•~•"'MmO" Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page7
DocuSlgn Envelope ID: D338EC65-EE9E-481D-88D1-53E5183C37BB Interconnection
Requirements
Metering Upgrades
Testing and
Commissioning
Sub total
25% Contingency
5% Contribution in lieu
Customer
Cost
$3,000 Cost of new metering
$20,000 SVP Engineering
$284,000
$71,000
$17,750
Notes
1--------~----f-------••-+--------~, ,,o·,--- ----
Total Cost $372,750
• .. ,., c,---- ------ -----------
Deposit Agreement/West Valley-Mission Community College District Rev. 2/1/2022 Page 8
Amendment No. 1 to Agreement/West Valley – Mission Community College District Page 1 Rev. 10/25/19

AMENDMENT NO. 1

TO THE DEPOSIT AGREEMENT

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
WEST VALLEY – MISSION COMMUNITY COLLEGE DISTRICT

PREAMBLE
This agreement (“Amendment No. 1”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and West Valley - Mission Community College District, a California Public Community College, (Customer). City and Customer may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Deposit Agreement Between the City of Santa Clara, California and West Valley – Mission Community College District”, dated March 28, 2022 (Agreement); B. The Parties entered into the Agreement for the purpose of having Customer pay a deposit related to the Services (as defined in the Agreement) for the project described in Exhibit A of the Agreement, as amended herein; and C. T he Parties now wish to amend the Agreement to update the costs due to increase in costs of equipment provided by manufacturer.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. The first sentence of Section II of the Agreement is amended to read as follows:
“Customer agrees to deposit $504,000 (Deposit) with the City.”

2. Exhibit A of the Agreement, entitled “Scope of Work and Cost Estimate” is amended and replaced with Exhibit A – Scope of Work and Cost Estimate – Amended December 1, 2022:

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

DocuSign Envelope ID: D1982E18-C39E-4E0E-8216-F49C7FD0DFF4 Amendment No. 1 to Agreement/ West Valley - Mission Community College District Page 2 Rev. 10/25/2019
The Part
ies acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

Office of the City Attorney
City of Santa Clara
Office of the
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Tel
ephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
WEST VALLEY – MISSION COMMUNITY COLLEGE DISTRICT
a California Public Community College
Dated:

By (Signature):

Name: Brad Davis
Title: Chancellor
Principal Place of
Business Address:
1400 Fruitvale Ave.

Saratoga, CA 95070
Telephone: (408) 741-2421
“CUSTOMER”
DocuSign Envelope ID: D1982E18-C39E-4E0E-8216-F49C7FD0DFF4 2/7/2023

Amendment No. 1 to Agreement/ West Valley - Mission Community College District Page 3 Rev. 10/25/2019

DEPOSIT AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA AND

WEST VALLEY - MISSION COMMUNITY COLLEGE DISTRICT
EXHIBIT A - SCOPE OF WORK AND COST ESTIMATE –
AMENDED DECEMBER 1, 2022
Project Description

SVP must complete system upgrades in order to accommodate Customer’s Distributed Energy Resource (DER) system. Mission College has an existing 1.12 MW Photovoltaic (PV) capacity. In addition to the existing PV Capacity, Customer will interconnect and operate a new 2.5 MW PV with 2MW/4MWH battery energy storage in parallel operation with SVP’s distribution system.

Scope
The scope of work to be performed by SVP includes the purchase and installation by SVP personnel of equipment identified as system upgrades necessary to interconnect the Customer’s system to Silicon Valley Power’s distribution system. This scope does not require SVP to acquire any easements or permits on the behalf of the customer.

Cost Estimate

The Preliminary estimation of costs below includes interconnection and/or system upgrades required to interconnect the Customer’s system to Silicon Valley Power’s distribution system, but does not include any generation facilities constructed, owned and operated by the Customer. The below costs are estimates using average cost without actual field verification.

Interconnection
Requirements
Customer
Cost
Notes
Fiber Installation $29,000 Includes staff labor. Engineering by Fiber group, construction by SVP Fiber Group
T&D Installation $8,000 Includes staff labor. Engineering by SVP, SVP system support, SVP Transmission and
Distribution crew to construct
Vacuum Disconnect
Switch
$270,000 Equipment procurement from Innovative
Switchgear
Programming $37,000 Performed by Eaton/innovative Switchgear Acceptance Testing
and Commissioning
$17,000 Acceptance and commissioning cost performed
by Eaton/Innovative Switchgear
Metering Upgrades $3,000 Cost of new metering
Testing and
Commissioning
$20,000 SVP Engineering
DocuSign Envelope ID: D1982E18-C39E-4E0E-8216-F49C7FD0DFF4 Amendment No. 1 to Agreement/ West Valley - Mission Community College District Page 4 Rev. 10/25/2019
Interconnection
Requirements
Customer
Cost
Notes
Sub total $384,000
25% Contingency $96,000
5% Contribution in lieu $24,000
Total Cost $504,000

DocuSign Envelope ID: D1982E18-C39E-4E0E-8216-F49C7FD0DFF4

DEPOSIT AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA
AND

INNOVATION COMMONS OWNER LLC

PREAMBLE
This Deposit agreement ("Agreement"), deposit and reimbursement for services outlined herein, is by and between Innovation Commons Owner, LLC, a Delaware limited liability company, with its principal place of business located at 4995 Patrick Henry Drive, Santa Clara, CA ("Customer''), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050, doing business as Silicon Valley Power (the "City" or "SVP"). SVP and Customer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." The City and Customer agree as follows:

I. Customer requires Engineering Design services from SVP ("Services") as is further outlined in Exhibit A - Scope of Services and Cost Estimate attached hereto this Agreement and incorporated herein by reference, and City agrees to perform or cause to perform Services in conformance with that Exhibit.

Customer shall pay the actual costs of the Services and related costs and expenses, including, but not limited to labor, materials, subcontracted services, permits, right-of-way procurement, taxes, fees, and overhead that may be identified by City required to complete Services ("Cost of Services"). SVP and Customer shall cooperate with each other and use good faith efforts in the timely processing of the Services. Customer shall have the opportunity to review the design of the substation (described in Exhibit A), including its location, budget and construction schedule, provided that final design is subject to the sole discretion of the SVP.

II. Customer agrees to deposit $787,500 ("Deposit") with the City.

A. Deposit shall be equal to the estimated Cost of Services plus a twenty-five percent (25%) contingency.

B. Customer understands that such Deposit is a retainer based on estimated Cost of Services and is not a fixed fee for required services.

C. Deposit must be received by City before Services are initiated by City.

Rev. 02/08/2022

Page 1 ends

additional costs that have not yet been invoiced to City.

E. Customer shall have reasonable access to SVP records to confirm the accuracy of the reconciliation and SVP shall provide reasonable details for the reconciliation.

F. Upon completion or termination of Services, City shall reconcile Cost of Services against Deposit

1. !f, after reconciliation, City determines that Deposit was greater than Cost of Services, City shall refund remaining funds to Customer within sixty (60) days of the conclusion of invoicing by any third parties performing work associated with Services.

2. If, after reconciliation, City determines that Cost of Services exceeded Deposit, City shall invoice Customer for any outstanding amounts.

Customer shall make payment within thirty (30) days of invoice.

Ill. Changes to Deposit or changes to Services:

A. Customer is responsible for all actual costs of services even if City does not notify the customer of changes to the Cost of Services. City will endeavor to notify Customer, in writing, of the updated cost estimate as soon as practicable to the extent the aggregate costs exceed the Deposit.

C. In the event that it becomes known to the City that the Cost of Service estimate must be revised such that the Deposit is insufficient to complete the Services, City shall notify Customer, in writing, of the updated cost estimate with reasonable detailed explanation for such cost increase as soon as practicable. The Parties shall accept such updated estimates through execution of an Amendment to this Agreement including an update to Exhibit A.

1. If Customer agrees for City to continue Services, Customer shall remit additional deposit funds as required by City (Additional Deposit).

Upon execution of an Amendment to this Agreement and receipt of such Additional Deposit, City shall resume Services.

Rev. 02/08/2022
Page2
IV. Term
others such as cancellation of materials purchases or other termination charges that may be incurred by City. In the event of cancellation under this provision, City shall complete accounting for Cost of SeNices as defined in Section II.

The term of this Agreement shall begin on the last date listed on the signature page and shall end six months after completion of the Services and Customer's fulfillment of its payment obligations hereunder, unless earlier terminated under the provisions of Section V of this Agreement.

V. Termination of Services:

A. In the event that either Party determines that it does not wish to continue SeNices, that Party will provide written notice to the other Party.

B. Upon receipt of such written notice from Customer, City will stop all work associated with the SeNices as soon as practicable and not more than thirty (30) days from the date of the notice from Customer.

C. Cost of SeNices shall be reconciled against Deposit as outlined in Section

11. VI. The performance of Services by SVP does not constitute conditional approval by the City of any portion of the Customer's project or a commitment by SVP to seNe the Customer's anticipated electric load. Nothing in this Agreement shall be construed as a commitment by City to grant or issue any preliminary or final approvals in connection with provision of electric seNice or capacity, project planning, construction, including for General Plan Amendments, Rezoning, Development Plans, Subdivision Maps, Development Agreements, Environmental Impact Reports, and building permits. Customer acknowledges and agrees that nothing in this Agreement limits City's discretion. Customer agrees that it shall remain obligated to pay all costs for all work performed by SVP, regardless of whether any aspect of the Customer's project is ultimately approved.

VII. Hold Harmless/Indemnification
A. To the extent permitted by law, Customer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with this Agreement - including claims of any kind by Customer's employees or persons contracting with Customer to perform any portion of Deposit Agreement/Innovation Commons Owner, LLC.

Rev. 02/08/2022

Page 3 ends

this Agreement- and shall expressly include passive or active negligence by City connected with the Agreement. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

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

VI 11. Notices
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Customer addressed as follows:

Innovation Commons Owner, LLC.
4995 Patrick Henry Drive
Santa Clara, CA 95054
and by e-mail to Baoshan Han at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given. An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

IX. Force Majeure
A. For the purpose of this Agreement, "Force Majeure" shall be defined as any cause beyond the control of the Party affected, and which by exercise of reasonable due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence ii has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefor.

Rev. 02/08/2022
Page4
obtain that labor or material at a particular price), sabotage, restraint by court order, restraint by public authority, or action or non-action by governmental authority or accident.

Deposit Agreement/Innovation Commons Owner, LLC.

Rev. 02/08/2022

Page 5 ends

CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:

Office of the City Attorney
City of Santa Clara
Dated:
"CITY"
Office of the City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
INNOVATION COMMONS OWNER, LLC.

A Delaware limited liability company
Dated: 2 / Z. I /io 23
By (Signature): 0~ -~~~-------------Name: Ou Sun
Title: Chief Executive Officer
Principal Place of
Business Address: 4995 Patrick Henry Drive, Santa Clara, CA Telephone: (559) 349-8488
"CUSTOMER"
Deposit Agreement/Innovation Commons Owner, LLC.

Rev. 02/08/2022
Page6

DEPOSIT AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA AND

INNOVATION COMMONS OWNER LLC

EXHIBIT A - SCOPE OF SERVICES AND COST ESTIMATE

1. Background:

1.1. Project Description: The proposed Project (Project), (PLN: 2018-13400) includes 3,000,000 square feet of office, 100,000 square feet of retail, 1800 housing units and a 37,000 square-foot substation on a 48.6 acres site.

1.2. A general distribution substation, to be known as Democracy Substation, with a capacity of 94.5 MVA, is required to provide electric service to the Customer's Project located within the North-West District of the City of Santa Clara.

1.3. City will hire and collaborate with an engineering contractor, known as the Engineer-of-Record {EOR), to perform the services outlined in Section 2 to support Customer's submittal to the Project Clearance Committee (PCC) and information needed for Environmental Impact Report (EIR) for the Customer's Project.

2. Services to be Performed:

2.1. Gas Insulated Substation (GIS Substation) Operations Report. EOR shall perform a GIS Substation Operations Report which will include:

2.1.1. Information about indoor GIS Substation compared to Air-Insulated Substation (AIS) such as, but not limited to, equipment differences, life cycle, maintenance requirements, operating requirements, yearly and lifetime cost difference including construction and ongoing operations and maintenance.

2.1.2. Access and training requirements of an indoor GIS substation.

2.2. On-site layout. EOR shall design an on-site layout that includes the following:

2.2.1. Responsibility Matrix outlining responsibilities of Customer and City for design and construction elements.

2.2.2. General arrangement of the equipment and room for GIS equipment both inside and outside the substation building, trench locations, transmission line interconnection location, ingress, egress, building height and clearances, pull boxes and manholes, indoor parking, feeder getaways, and easement requirements.

2.2.3. Review Customer's general arrangement drawing for accuracy.

Deposit Agreement/Innovation Commons Owner, LLC.

Rev. 02/08/2022

Page 7 ends

2.3. Budget: EOR will prepare a full budget for design and construction, including:
costs of engineering design and preparation of specifications, procurement of equipment, easement and land acquisition costs, and construction costs.

2.4. Preliminary Transmission Line Trench Alignment: EOR will prepare the following:

2.4.1. Preliminary design of transmission line trench alignment for reservation of space in the Public Right-of-Way (ROW) including dimensions of ROW, location of existing utilities, clearance requirements, and easements.

2.4.2. Exterior dimensions of transmission line trench

2.5. Project Schedule: City will prepare a prelimlnary Project Schedule containing estimated durations for design, procurement, and construction.

Cost Estimate
Interconnection Customer Cost Notes
Requirements
City's Contractor - $550,000 Includes GIS Substation Operations Report, on- Engineer of Record site layout, budget for design and construction, and preliminary transmission line trench alignment
SVP Staff Time $50,000 Staff time to support and collaborate with EOR based on rates in City of Santa Clara Municipal
Fee Schedule at time of activity.

Subtotal $600,000
25% Contingency $150,000
5% Contribution in $37,500
lieu
Total Cost $787,500
Deposit AgreemenVlnnovation Commons Owner, LLC.

Rev. 02/08/2022

Page 8 ends

Deposit Agreement/*insert Customer name Page 1
Rev. 02/08/2022

DEPOSIT AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA
AND
(Insert Customer Name)

PREAMBLE
This Deposit agreement (“Agreement”) is by and between ___________________, a ________________ a[n] (enter State name) corporation/partnership/individual, with its principal place of business located at _____________________ (“Customer”), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050, doing business as Silicon Valley Power (the “City” or “SVP”). SVP and Customer may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
The City and Customer agree
as follows:

I. Customer requires services from SVP (Services) as is further outlined in Exhibit A – Scope of Services and Cost Estimate - attached hereto this Agreement and incorporated herein by reference, and City agrees to perform or cause to perform the Services in conformance with that Exhibit. Customer shall pay the actual costs of the Services and related costs and expenses, including, but not limited to labor, materials, subcontracted services, permits, right-of-way procurement, taxes, fees, and overhead that may be identified by City required to complete Services (Cost of Services).

II. Customer agrees to deposit $________ (Deposit) with the City.

A. Deposit shall be equal to the estimated C ost of Services plus a twenty-five percent (25%) contingency.

B. Customer understands that such Deposit is a retainer based on estimated Cost of Services and is not a fixed fee for required services.

C. Deposit must be received by City before Services are initiated by City.

E. Customer shall have reasonable access to SVP records to confirm the accuracy of the reconciliation.

F. Upon completion or termination of Services, City shall reconcile Cost of Deposit Agreement/*insert Customer name Page 2
Rev. 02/08/2022

Services against Deposit

2. If, after reconciliation, City determines that Cost of Services exceeded Deposit, City shall invoice Customer for any outstanding amounts.

Customer shall make payment within thirty (30) days of invoice.

III. Changes to Deposit or changes to Services:

A. Customer is responsible for all actual costs of services even if City does not notify the customer of changes to the Cost of Services.

C. In the event that it becomes known to the City that the Cost of Service estimate must be revised such that the Deposit is insufficient to complete the Services, City shall notify Customer, in writing, of the updated cost estimate as soon as practicable. The parties shall accept such updated estimates through execution of an Amendment to this Agreement including an update to Exhibit A.

1. If Customer agrees for City to continue Services, Customer shall remit additional deposit funds as required by City (Additional Deposit).

Upon execution of an Amendment to this Agreement and receipt of such Additional Deposit, City shall resume Services.

2. Should Customer decide not to authorize costs exceeding initial estimates and discontinue work, Customer shall be responsible for all costs up to the halt of Services. This may also include costs associated with cancelling or terminating services requested from others such as cancellation of materials purchases or other termination charges that may be incurred by City. In the event of cancellation under this provision, City shall complete accounting for Cost of Services as defined in Section II.

IV. Term
The term of this Agreement shall begin on the last date listed on the signature page and shall end six months after completion of the Services and Customer’s fulfillment of its payment obligations hereunder unless earlier terminated under the provisions of Section III of this Agreement.

Deposit Agreement/*insert Customer name Page 3
Rev. 02/08/2022

V. Termination of Services:

A. In the event that either Party determines that it does not wish to continue Services, that Party will provide written notice to the other Party.

C. The actual Cost of Services shall be reconciled against Deposit as outlined in Section II.

VI. The performance of Services by SVP does not constitute conditional approval by the City of any portion of the Customer’s project or a commitment by SVP to serve the Customer’s anticipated electric load. Nothing in this Agreement shall be construed as a commitment by City to grant or issue any preliminary or final approvals in connection with provision of electric service or capacity, project planning, construction, including for General Plan Amendments, Rezoning, Development Plans, Subdivision Maps, Development Agreements, Environmental Impact Reports, and building permits. Customer acknowledges and agrees that nothing in this Agreement limits City's discretion. Customer agrees that it shall remain obligated to pay all costs for all work performed by SVP, regardless of whether any aspect of the Customer’s project is ultimately approved.

VII. H old Harmless/Indemnification
A. To the extent permitted by law, Customer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with this Agreement – including claims of any kind by Customer’s employees or persons contracting with Customer to perform any portion of this Agreement– and shall expressly include passive or active negligence by City connected with the Agreement. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Customer’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Customer against City (either alone, or Deposit Agreement/*insert Customer name Page 4
Rev. 02/08/2022

jointly with Customer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

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

City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]

And to Customer addressed as follows:
*Name of Customer
*Address of Customer
and by e-mail at *_______________@XXX
The workday the e-mai l was sent shall control the date notice was deemed given. An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

IX. Force Majeure
A. For the purpose of this Agreement, “Force Majeure” shall be defined as any cause beyond the control of the Party affected, and which by exercise of reasonable due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome or obtain or cause to be obtained a commercially reasonable substitute therefore.

reason of Force Majeure shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability with all reasonable dispatch.
[SIGNATURES ON FOLLOWING PAGE]

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

GLEN R. GOOGINS
City Attorney
Office of the City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
(INSERT CUSTOMER NAME HERE)
choose one: a[n] ______ (insert State) corporation/partnership/individual Dated:

By (Signature):

Name:

Title:

Principal Place of
Business Address:

Telephone:
“CUSTOMER”

Deposit Agreement/*insert Customer name Page 6
Rev. 02/08/2022

DEPOSIT AGREEMENT BETWEEN

THE CITY OF SANTA CLARA, CALIFORNIA AND
(Insert Customer Name)
EXHIBIT A – SCOPE OF SERVICES AND COST ESTIMATE

Description of Services
Provide high level overview of services to be provided to customer including subcontracted services and services to be provided by SVP.

Scope
Provide description of work to be performed by SVP.

Cost Estimate
Detail all estimated costs of project. Do not use “TBD”. Make a cost estimate.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-100 Agenda Date: 3/21/2023

REPORT TO COUNCIL

SUBJECT
Action on the First Amendment to the Power Purchase and Sale Agreement for Electricity from Qualifying Renewable Resources by and Between the City of Santa Clara and Ameresco Forward, LLC

BACKGROUND
On May 25, 2010, the City of Santa Clara entered into a Power Purchase and Sale Agreement for Electricity with Ameresco Forward, LLC from the Forward Landfill electric generation facility located in Manteca, California, for a twenty-year term. The facility began operating in the California Independent System Operator (CAISO) balancing authority on February 22, 2014, and has a capacity of 4.2 megawatt (MW). The facility currently generates approximately 31,000 megawatt hours (MWh) of renewable energy annually.

DISCUSSION
On September 12, 2022, Ameresco Forward, LLC (Ameresco) met with SVP staff to discuss a possible termination of the Power Purchase and Sale Agreement. Ameresco stated that they were interested in converting the landfill electric generation facility to a renewable natural gas facility and would no longer be interested in selling the electricity to the City of Santa Clara if their development plans are approved.

Ameresco has proposed to amend the agreement to provide Ameresco an early termination right and allow it to terminate on or before December 31, 2025, if Ameresco gives six-months prior written notice to the City. In addition to this amount, Ameresco shall pay the City $29,167 for each full or partial month that is earlier than December 31, 2025. Ameresco will also have the option to extend the early termination date by one-year increments by paying the City $50,000 for each one-year extension. Ameresco is also required to pay the City $250,000 by the agreed upon early termination date, whether the agreement is terminated by 2025 or later.

The contract price for the Power Purchase and Sale Agreement is currently higher than other available options in today’s energy market, so there would be approximately $9.6 million dollars savings (based on today’s forecast of future energy prices) if the agreement were to terminate on December 31, 2025.

ENVIRONMENTAL REVIEW
A negative declaration dated August 9, 2011, was prepared for the project associated with the power purchase and sale agreement. Since this amendment only provides an early termination right, there are no substantial changes to the project or new information of substantial importance which will require subsequent or supplemental environmental review under the California Environmental Quality Act (“CEQA”).

City of Santa Clara Printed on 3/16/2023Page 1 of 2
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23-100 Agenda Date: 3/21/2023

FISCAL IMPACT
If the Power Purchase and Sale Agreement is terminated, the City of Santa Clara will receive a termination payment of $250,000 in the Electric Utility Fund in addition to approximately $9.6 million dollars in savings for not continuing in the agreement for the balance of the term. The savings would offset power purchases in SVP’s Operating budget for Resources.

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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Approve and authorize the City Manager to execute the First Amendment to the Power Purchase and Sale Agreement for Electricity from Qualifying Renewable Resources with Ameresco Forward LLC in substantially the form attached to this Report to Council; and

2. Authorize the City Manager to approve and execute future modifications to the First Amendment and take any and all actions as necessary or advisable to implement and administer the power purchase and sale agreement.

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

ATTACHMENTS

1. First Amendment to Power Purchase and Sale Agreement City of Santa Clara Printed on 3/16/2023Page 2 of 2
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FIRST AMENDMENT TO THE

POWER PURCHASE AND SALE AGREEMENT FOR ELECTRICITY FROM

QUALIFYING RENEWABLE RESOURCES BY AND BETWEEN THE CITY OF

SANTA CLARA AND AMERESCO FORWARD LLC

This First Amendment to the Power Purchase and Sale Agreement for Electricity fr om Qualifying R enewable Resources by and Between the City of Santa Clara and Ameresco Forward LLC (the “Amendment”) is dated as of March ______, 2023, by and between the City of Santa Cla ra, California, a chartered California municipal corporation with its principal place of business located at 1500 Warburton Avenue, Santa Clara, CA 95050 ( “City”), and Ameresco Forward LLC, a De laware limited liability company (“ Seller”). City and Seller are sometimes individually referred to herein as “Party” and collectively as “Parties.” Recitals
A. City, as Buyer and Ameresco, as Seller, are Parties to that certain Power Purchase and Sale Agreement for Electricity from Qualifying Renewable Resources by and Bet ween the City of City and Ameresco Forward LLC, effective as of May 25, 2010 (the “Agreement”).

B. The Parties desire to ame nd the Agreement on the terms set forth in this Amendment.

Agreements
In consideration of the covenants and agreem ents contained in this Amendment, and for other good and valuable considera tion, the receipt and suf ficiency of which are acknowl edged, City and Ameresco, each intending to be legally bound, hereby agree as follows:

1. Recitals. Each of the above recitals is true and correct and incorporated herein as an integral part of this Amendment.

2. Section 10.01. Section 1 0.01 of the Agreement is hereby amended by adding the following subsection 10.01(g):

“(g) Subject to the terms and conditions of this subsection, Seller may terminate the Agreement by December 31, 2025 (the “Early Termination Date”). Seller may extend the Early Termination Dat e ( “Extended Early Terminati on Dat e”) in one -year increments; provided, prior to the expiration of the Ea rly Termination Date, or exp iration of the Extended Early Termination Date, Seller gives the City: (1) written notice of its intent to extend the Early Termination Date; and (2) $50,000 within sixty (60) days of this written notice for each one -year exten sion for the Ea rly Ter mination Date or Extended Early Termination Date. In addition to Seller’s compliance with the foregoing requirements, if applicable, no early termination of this Agreement shall be effective unless all of the following conditions are met:

2 (i) Seller provides written Notice of Termination to Buyer of its intent to terminate the Agreement at least six (6) months prior to the effective date of the termination (the “Early Termination Effective Date”);

(ii) Seller pays the City $250,000 by the Early Termination Effective Date; and

(iii) In the event Seller sets an Ea rly Termination Effective Date earlier than the Early Termination Date, Seller shall pay the City $29,167 for each full or partial month the Early Termination Effective Date precedes Early Termination Date.”

3. Section 10.02 Notice of Termination is amended by adding the following to the end of that section:

“Notwithstanding the foregoing, Notice of Termination shall have the meaning contained in subsection 10.1(g) for any e arly termination processed thereunder and , accordingly, the first two sent ences of t his Section 10.2 are not applicable to such termination.”

4. Continuing Effect. Except as specifically amended hereby, all of t he terms and conditions of the Agreement shall remain in full force and effect. In the event o f any con flict between the terms and provisions of the Agreement and this Amendment, the terms and provisions of this Amendment shall govern and prevail.

5. Miscellaneous. Capitalized terms not otherwise defined in this Amendmen t shall have the meanin gs given to th em in the Agreement as amended by this Amendment. This Amendment shall be governed by and construed in acc ordance with the laws of the State of California. This Amendment may be execu ted in two or more origina l or electronical ly transmitted (via facsimile or e-mail) counterparts, each of which shall be deemed an or iginal and all of which together shall constitute but one and the same instrument.

(Signatures on Page 3 of 3)

3 IN WITNESS WHEREOF, the parties hereto have executed this Amendme nt as of the day and year first above written.

AMERESCO:

AMERESCO FORWARD LLC,
a Delaware limited liability company
By: Ameresco, Inc., its sole member

By:

Name:

Title:

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

GLEN R. GOOGINS
City Attorney
Office of the City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-169 Agenda Date: 3/21/2023

REPORT TO COUNCIL & PUBLIC FACILITIES FINANCING CORPORATION

SUBJECT
Action to Approve Amendments to 2020 Installment Sale Agreement that Financed Capital Improvements at the San José-Santa Clara Regional Wastewater Facility (RWF)

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The San José-Santa Clara Regional Wastewater Facility (RWF) treats an average of 110 million gallons per day (mgd) of wastewater for the cities of San José, Santa Clara, and five tributary agencies in the South Bay Area. The City of Santa Clara is a co-owner of the facility with the City of San José, who is a majority owner and is responsible for the operations, management, and administration of the facility. The RWF was built in 1956 and, in 1959, Santa Clara signed an agreement to gain an ownership stake of approximately 20% in the RWF. Allocation of the operations and maintenance (O&M) and capital improvement program (CIP) costs is based on the ownership percentage, and is also charged out in appropriate proportions to the various tributary agencies. As a co-owner, Santa Clara is represented on the Treatment Plant Advisory Committee (TPAC), along with representatives from the tributary agencies, which advises San José and its Council on the operations and administration of the facility. Santa Clara’s portion of RWF related expenditures are paid for by Santa Clara sewer customers.

In 2020, in order to finance the City’s share of capital improvements to the RWF, the City of Santa Clara Public Facilities Financing Corporation (Financing Corporation) and the City entered into an Installment Sale Agreement dated as of June 1, 2020 (Installment Sale Agreement), pursuant to which the Financing Corporation agreed to provide financing for the Project. Funding under the Installment Sale Agreement was provided by JPMorgan Chase Bank, N.A. (JPMorgan), as assignee of the Financing Corporation’s rights under the Installment Sale Agreement.

DISCUSSION
Calculation of interest under the Installment Sale Agreement was originally based on the London interbank offered rate (LIBOR), which is anticipated to be discontinued as of June 30, 2023. As permitted by the Installment Sale Agreement, JPMorgan has provided notice to the City that JPMorgan has selected an alternate rate of interest to replace LIBOR, which is known as Secured Overnight Financing Rate(SOFR), and provided revised interest rate provisions. Staff has reviewed the new provisions with its municipal advisor and bond counsel. In order to memorialize the interest rate provisions, the City and the Financing Corporation will need to execute an amendment to the Installment Sale Agreement, which has been submitted to this Council.

ENVIRONMENTAL REVIEW
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23-169 Agenda Date: 3/21/2023
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
This action itself does not have a fiscal impact beyond the cost of staff time. The alternate rate, SOFR, does not impact interest expense and calculation.

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

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

RECOMMENDATION
That the Council:

1. Adopt the Resolution approving the First Amendment to Installment Sale Agreement; and

2. Authorize the Chief Operating Officer to execute all required agreements necessary to consummate any of the transactions contemplated by the agreements and documents approved under the Resolution.

That the Financing Corporation:

1. Adopt the Resolution approving the First Amendment to Installment Sale Agreement; and

2. Authorize the Director of Finance to execute all required agreements necessary to consummate any of the transactions contemplated by the agreements and documents approved under the Resolution.

Reviewed by: Gary Welling, Director, Water and Sewer Utilities Reviewed by: Kenn Lee, Director, Department of Finance
Approved by: Office of the City Manager
Approved by: Kenn Lee, Director of Finance of the Financing Corporation

ATTACHMENTS

1. Council Resolution Amending Installment Sale Agreement

2. Financing Corp Resolution Amending Installment Sale Agreement

3. First Amendment to Installment Sale Agreement
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Resolution/Amending Installment Sale Agreement Page 1 of 4 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AMENDING INSTALLMENT SALE AGREEMENT

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

WHEREAS, the City of Santa Clara (the “City”) owns and operates facilities and property for the collection and transmission of wastewater within the service area of the City (the “Wastewater System”), and wastewater which is collected by the City is transmitted for treatment to the San José-Santa Clara Regional Wastewater Facility (the “Wastewater Treatment Facility”) which is co-owned by the City and the City of San José pursuant to that certain Sewage Plant Agreement dated March 30, 1959, as amended (the “Wastewater Treatment Agreement”); WHEREAS, under the Wastewater Treatment Agreement, the City is obligated to contribute its share of the capital costs of improvements to the Wastewater Treatment Fac ility, and the City is currently obligated to contribute funds towards the cost of constructing certain improvements to the Wastewater Treatment Facility (the “Project”);
WHEREAS, in order to finance the construction of the Project , the City of Santa Clar a Public Facilities Financing Corporation (the “Financing Corporation”) and the City entered into an Installment Sale Agreement dated as of June 1, 2020 (the “Original Installment Sale Agreement) pursuant to which the Financing Corporation agreed to provide financing for the Project and to sell the completed Project to the City in consideration of the payment by the City of periodic installment payments (the “Installment Payments”), which are payable from and secured by a pledge of and lien on the net revenues of the Wastewater System; WHEREAS, in order to provide the funds needed to finance the Project, the Financing Corporation assigned the Installment Payments to JPMorgan Chase Bank, N.A., as lender (the “Lender”); WHEREAS, under the Original Installment Sale Agreement, the calculation of interest with respect to the Installment Payments is based on the London interbank offered rate (“LIBOR”), which is anticipated to be discontinued as of June 30, 2023; Resolution/Amending Installment Sale Agreement Page 2 of 4 Rev: 11/22/17
WHEREAS, in accordance with Exhibit A of the Original Installment Sale Agreement, the Lender has provided notice to the City that the Lender has selected an alternate rate of interest to govern the calculation of interest with respect to the Installment Payments; and, WHEREAS, pursuant to and in accordance with Section 5.9 of the Original Installment Sale Agreement, the Financing Corporation and the City have determined to amend Appendix A and Appendix C to the Original Installment Sale Agreement, with the consent of the Lender, for the purpose of revising the provisions governing the calculation of interest components of the Installment Payments to reflect the alternate interest rate index selected by the Lender, in the form of the First Amendment to Installment Sale Agreement (the “First Amendment”) that has been presented to the City Council.

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

1. Approval of Fi
rst Amendment to Installment Sale Agreement. The City Council hereby approves the First Amendment, between the City and the Financing Corporation, in the form thereof on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Chief Operating Officer, whose execution thereof shall be conclusive evidence of such approval. The Chief Operating Officer is hereby authorized and directed for and in the name and on behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest to, the final form of the First Amendment on behalf of the City.

2. Official Actions. The Mayor, the City Manager, the Chief Operating Officer, any Assistant City Manager, the Director of Finance, the Assistant Director of Finance, the Director of Water & Sewer Utilities, the Assistant Director of Water & Sewer Utilities, the City Attorney, the City Clerk and the Assistant City Clerk are each authorized and directed in the name and on behalf of the City to make any and all certificates, requisitions, agreement s, notices, consents and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved Resolution/Amending Installment Sale Agreement Page 3 of 4 Rev: 11/22/17
under this Resolution. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. Any actions previously taken by any officers of the City in furtherance of this Resolution are hereby ratified and approved.

3. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of the Resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
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Resolution/Amending Installment Sale Agreement Page 4 of 4 Rev: 11/22/17

4. 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:

1. First Amendment to Installment Sale Agreement

Resolution/Amending Installment Sale Agreement Page 1 of 4 Rev: 11/22/17
RESOLUTION NO. _____(PFCC)

A RESOLUTION OF THE CITY OF SANTA CLARA PUBLIC

FACILITIES FINANCING CORPORATION A MENDING

INSTALLMENT SALE AGREEMENT

BE IT RESOLVED BY THE CITY OF SANTA CLARA PUBLIC FACILITIES FINANCING CORPORATION AS FOLLOWS:

WHEREAS, the City of Santa Clara (the “City”) owns and operates facilities and property for the collection and transmission of wastewater within the service area of the City (the “Wastewater System”), and wastewater which is collected by the City is transmitted for treatment to the San José-Santa Clara Regional Wastewater Facility (the “Wastewater Treatment Facility”) which is co-owned by the City and the City of San José pursuant to that certain Sewage Plant Agreement dated March 30, 1959, as amended (the “Wastewater Treatment Agreement”); WHEREAS, under the Wastewater Treatment Agreement, the City is obligated to contribute its share of the capital costs of improvements to the Wastewater Treatment Facility, and the City is currently obligated to contribute funds towards the cost of constructing certain improvements to the Wastewater Treatment Facility (the “Project”);
WHEREAS, in order to finance the construction of the Project, the City of Santa Clara Public Facilities Financing Corporation (the “Financing Corporation”) and the City entered into an Installment Sale Agreement dated as of June 1, 2020 (the “Original Installment Sale Agreement) pursuant to which the Financing Corporation agreed to provide financing for the Project and to sell the completed Project to the City in consideration of the payment by the City of periodic installment payments (the “Installment Payments”), which are payable from and secured by a pledge of and lien on the net revenues of the Wastewater System; WHEREAS, in order to provide the funds needed to finance the Project, the Financing Corporation assigned the Installment Payments to JPMorgan Chase Bank, N.A., as lender (the “Lender”); Resolution/Amending Installment Sale Agreement Page 2 of 4 Rev: 11/22/17
WHEREAS, under the Original Installment Sale Agreement, the calculation of interest with respect to the Installment Payments is based on t he London interbank offered rate (“LIBOR”), which will be discontinued as of June 30, 2023;
WHEREAS, in accordance with Exhibit A of the Original Installment Sale Agreement, the Lender has provided notice to the City that the Lender has selected an alternate rate of interest to govern the calculation of interest with respect to the Installment Payments; and, WHEREAS, pursuant to and in accordance with Section 5.9 of the Original Installment Sale Agreement, the Financing Corporation and the City have determined to amend Appendix A and Appendix C to the Original Installment Sale Agreement, with the consent of the Lender, for the purpose of revising the provisions governing the calculation of interest components of the Installment Payments to reflect the alternate interest rate index selected by the Lender, in the form of the First Amendment to Installment Sale Agreement (the “First Amendment”) that has been presented to the Board of Directors.

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

1. Approval of First Amendment to Installment Sale Agreement. The Board of Directors hereby approves the First Amendment, between the City and the Financing Corporation, in the form thereof on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Director of Finance , whose execution thereof shall be conclusive evidence of such approval. The Director of Finance is hereby authorized and directed for and in the name and on behalf of the Financing Corporation to execute, and the Secretary is hereby authorized and directed to attest to, the final form of the First Amendment on behalf of the Financing Corporation.

2. Official Actions . The President, the Executive Director, the Director of Finance, the Secretary and all other officers of the Financing Corporation are each authorized and directed in the name and on behalf of the Financing Corporation to make any and all assignments, Resolution/Amending Installment Sale Agreement Page 3 of 4 Rev: 11/22/17
certificates, requisitions, agreements, notices, consents and other instruments of conveyance and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this Resolution any officer of the Financing Corporation is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. Any actions previously taken by any officers of the Financing Corporation in furtherance of this Resolution are hereby ratified and approved.

3. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Resolution. The Board of Directors hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
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Resolution/Amending Installment Sale Agreement Page 4 of 4 Rev: 11/22/17

4. 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 PUBLIC FACILITIES FINANCING CORPORATION, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2023, BY THE FOLLOWING VOTE:

AYES: DIRECTORS:

NOES: DIRECTORS:

ABSENT: DIRECTORS:

ABSTAINED: DIRECTORS:

ATTEST: _________________________________________

NORA PIMENTEL, MMC

SECRETARY OF THE CITY OF SANTA CLARA

PUBLIC FACILITIES FINANCING CORPORATION

Attachments incorporated by reference:

1. First Amendment to Installment Sale Agreement

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FIRST AMENDMENT TO

INSTALLMENT SALE AGREEMENT

This FIRST AMENDMENT TO INSTALLMENT SALE AGREEMENT (together with any amendments hereof and supplements hereto, this “First Amendment”), dated as of April 1, 2023, is between the CITY OF SANTA CLARA PUBLIC FACILITIES FINANCING CORPORATION, a nonprofit public benefit corporation duly organized and existing under the laws of the State of California (the “Corporation”), as seller, and the CITY OF SANTA CLARA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the “City”), as purchaser.

RECITALS

A. T he Corporation and the City entered into an Installment Sale Agreement dated as of June 1, 2020 (the “Original Agreement”), in order to finance the construction of the Project (as defined in the Original Agreement).

B. For the purpose of obtaining the moneys required to finance the construction of the Project, the Corporation assigned and transferred certain of its rights under the Original Agreement to JPMorgan Chase Bank, N.A. (the “Assignee”), under an Assignment Agreement dated as of June 1, 2020, among the City, the Corporation and the Assignee.

C. In accordance with Exhibit A of the Original Agreement, the Assignee has provided notice to the City that the Assignee has selected an alternate interest rate index to replace LIBOR.

D. Pursuant to and in accordance with Section 5.9 of the Original Agreement, the Corporation and the City have determined to amend Appendix A and Appendix C to the Original Agreement, with the consent of the Assignee, for the purpose of revising the provisions governing the calculation of interest components of the Installment Payments to reflect the alternate rate of interest selected by the Assignee.

E. Capitalized terms used but not defined herein have the meanings set forth in the Original Agreement.

NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained and for other valuable consideration, the Corporation and the City do hereby agree as follows:

Section 1. Amendment of Original Agreement. Appendix A to the Original Agreement is hereby amended and restated in full in the form attached as Appendix A attached hereto, and Appendix C to the Original Agreement is hereby amended and restated in full in the form attached as Appendix C attached hereto.

Section 2. Authority. This First Amendment is being executed pursuant to and in accordance with Section 5.9 of the Original Agreement.

Section 3. Original Agreement Continues in Effect. Except as amended and supplemented by this First Amendment, the Original Agreement shall remain in full force and effect.

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Section 4. Effective Date. This First Amendment shall become effective upon the date hereof.

IN WITNESS WHEREOF , the Corporation and the City have caused this First Amendment to be executed as of the date first above written.

CITY OF SANTA CLARA PUBLIC

FACILITIES FINANCING CORPORATION

By:

Director of Finance
APPROVED AS TO FORM:

By
General Counsel

ATTEST:

By
Assistant Secretary

CITY OF SANTA CLARA

By:

Chief Operating Officer
APPROVED AS TO FORM:

By
City Attorney

ATTEST:

By
Assistant City Clerk

CONSENTED TO BY:

JPMORGAN CHASE BANK N.A.,
as Assignee

Name

Title

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APPENDIX A

CALCULATION OF INTEREST COMPONENTS

The interest components of the Installment Payments shall be calculated in accordance with the following provisions set forth in this Appendix A.

Basis of Calculation. Advances hereunder shall be SOFR Rate Advances, subject to provisions below on Illegality/Temporary Unavailability/ Alternate Rate of Interest. The interest components of the Installment Payments shall be calculated on the unpaid principal components of the Installment Payments, on the basis of the actual number of days elapsed in a year of 360 days, at the Adjusted Term SOFR Rate and at the rate of 4.00% Per Annum above the Adjusted Term SOFR Rate, at the Assignee’s option, upon the occurrence of any Event of Default, whether or not the Assignee elects to accelerate the maturity of the Installment Payments, from the date such increased rate is imposed by the Assignee, except that interest computed by reference to the CB Floating Rate shall be computed on the basis of a year of 365 days (or 366 days in a leap year), and in each case shall be payable for the actual number of days elapsed (including the first day but excluding the last day). The applicable CB Floating Rate, Adjusted Term SOFR Rate, and Term SOFR Rate, shall be determined by the Assignee, and each such determination shall be conclusive absent manifest error.

Definitions. As used in this Appendix A, the following terms have the following respective meanings:

“Adjusted Term SOFR Rate” means, with respect to the relevant Interest Period, the sum of (i) the Applicable Margin plus (ii) (a) 80% of the Term SOFR Rate in effect for such Interest Period plus (b) the SOFR Adjustment.

“Advance” means a SOFR Rate Advance or a CB Floating Rate Advance and “Advances” means all SOFR Rate Advances and all CB Floating Rate Advances which are made by the Assignee to the City to finance the payment of Project Costs.

“Alternate Rate” has the meaning assigned to such term in clause (c) of the section titled “Illegality/Temporary Unavailability/Alternate Rate”.

“Applicable Margin” means 0.95% Per Annum.

“Benchmark” means, initially, the Term SOFR Rate; provided that if a Benchmark Transition Event has occurred with respect to the Term SOFR Rate, then “Benchmark” means the Alternate Rate to the extent that such Alternate Rate has replaced such prior benchmark rate pursuant to clause (c) of the section titled “Illegality/Temporary Unavailability/Alternate Rate”.

“Benchmark Transition Event ” means the occurrence of one or more of the following events with respect to the Term SOFR Rate:

(i) a public statement or publication of information by or on behalf of the CME Term SOFR Administrator (or any successor administrator of the Term SOFR Rate, or the published component used in the calculation thereof) announcing that such CME Term SOFR Administrator has ceased or will cease to provide the Term SOFR Rate (or such component thereof),

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permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide the Term SOFR Rate (or such component thereof); or

(ii) a public statement or publication of information by the NYFRB, the Federal Reserve Board, or, as applicable, the regulatory supervisor for the CME Term SOFR Administrator, an insolvency official with jurisdiction over the CME Term SOFR Administrator, a resolution authority with jurisdiction over the CME Term SOFR Administrator, or a court or an entity with similar insolvency or resolution authority over the CME Term SOFR Administrator, in each case, which states that the CME Term SOFR Administrator (or any successor administrator of the Term SOFR Rate, or the published component used in the calculation thereof) has ceased or will cease to provide the Term SOFR Rate (or such component thereof), permanently or indefinitely, provided that, at the time of such statement or publication, there is no successor administrator that will continue to provide the Term SOFR Rate (or such component thereof); or

(iii) a public statement or publication of information by the Federal Reserve Board, the NYFRB, the CME Term SOFR Administrator, or the regulatory supervisor for the CME Term SOFR Administrator (or any successor administrator of the Term SOFR Rate, or the published component used in the calculation thereof), announcing that the Term SOFR Rate (or such component thereof) is no longer, or as of a specified future date will no longer be, representative.

For the avoidance of doubt, a “Benchmark Transition Event” will be deemed to have occurred with respect to the Term SOFR Rate if a public statement or publication of information set forth above has occurred with respect to each then-current available tenor of the Term SOFR Rate.

“Business Day” means any day (other than a Saturday or a Sunday) on which banks are open for business in New York City or Chicago; provided that, when used in connection with a SOFR Advance, the term “Business Day” shall also exclude any day on which the Securities Industry and Financial Markets Association recomm ends that the fixed income departments of its members be closed for the entire day for purposes of trading in United States government securities.

“CB Floating Rate” means the greater of the Prime Rate or 2.5%. Any change in the CB Floating Rate due to a change in the Prime Rate shall be effective from and including the effective date of such change in the Prime Rate. The CB Floating Rate is a variable rate and any change in the CB Floating Rate due to any change in the Prime Rate or the Adjusted Term SOFR Rate is effective from and including the effective date of such change in the Prime Rate or the Adjusted Term SOFR Rate, respectively.

“CB Floating Rate Advance” or “CBFR Advance” means any borrowing under the Installment Payments when and to the extent that its interest rate is determined by reference to the CB Floating Rate.

“CME Term SOFR Administrator” means CME Group Benchmark Administration Limited as administrator of the forward-looking term secured overnight financing rate (or a successor administrator).

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“Federal Reserve Board” means the Board of Governors of the Federal Reserve System of the United States of America.

“Floor” means the benchmark rate floor, if any, provided in this Agreement initially (as of the execution of this Agreement, the modification, amendment or renewal of this Agreement or otherwise) with respect to the Term SOFR Rate. For the avoidance of doubt the initial Floor for the Term SOFR Rate shall be 0.0%.

“Governmental Authority” means the government of the United States of America, any other nation or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government.

“Interest Period” means the period commencing on the date of such Advance and ending on the numerically corresponding day in the calendar month that is one (1), three (3) or six (6) months thereafter, as the City may elect; provided that (a) if any Interest Period would end on a day which is not a Business Day, such Interest Period shall be extended to the next succeeding Business Day unless such next succeeding Business Day would fall in the next calendar month, in which case such Interest Period shall end on the next preceding Business Day, (b) any Interest Period that commences on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the last calendar month of such Interest Period) shall end on the last Business Day of the last calendar month of such Interest Period, and (c) no Interest Period may extend beyond the Maturity Date. For purposes hereof, the date of an Advance initially shall be the date on which such Advance is made and thereafter, in the case of a Revolving Borrowing, shall be the effective date of the most recent conversion or continuation of such Advance.

“Overnight Bank Funding Rate” means, for any day, the rate comprised of both overnight federal funds and overnight eurodollar transactions denominated in Dollars by U.S.-managed banking offices of depository institutions (as such composite rate shall be determined by the NYFRB as set forth on the Federal Reserv e Bank of New York’s Website from time to time) and published on the next succeeding Business Day by the NYFRB as an overnight bank funding rate.

“Per Annum” means for a year deemed to be comprised of 360 days.

“Prime Rate” means the rate of interest last quoted by The Wall Street Journal as the “Prime Rate” in the U.S. or, if The Wall Street Journal ceases to quote such rate, the highest per annum interest rate published by the Federal Reserve Board in Federal Reserve Statistical Release H.15 (519) (Selected Interest Rates) as the “bank prime loan” rate or, if such rate is no longer quoted therein, any similar rate quoted therein (as determined by the Assignee) or any similar release by the Federal Reserve Board (as determined by the Assignee). Each change in the Prime Rate shall be effective from and including the date such change is publicly announced or quoted as being effective.

“Relevant Governmental Body” means the Federal Reserve Board, the NYFRB, or a committee officially endorsed or convened by the Federal Reserve Board or the NYFRB, or, in each case, any successor thereto.

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“Revolving Advances ” means Revolving Advances of the same Type, made, converted or continued on the same date, and, in the case of SOFR Rate Advances, as to which a single Interest Period is in effect.

“SOFR” means a rate equal to the secured overnight financing rate as administered by the NYFRB (or a successor administrator of the secured overnight financing rate).

“SOFR Adjustment” means 0.10% per annum.

“SOFR Rate Advance” means any borrowing under this Agreement when and to the extent that its interest rate is determined by reference to the Adjusted Term SOFR Rate.

“Term SOFR Rate ” means, with respect to any SOFR Rate Advance, such reference rate as is published by the CME Term SOFR Administrator at approximately 5:00 a.m., Chicago time, two Business Days prior to the commencement of such tenor comparable to the applicable Interest Period; such rate being the rate per annum determined by the Assignee as the forward-looking term rate based on SOFR; provided that if the Term SOFR Rate as so determined would be less than the Floor, such rate shall be deemed to be the Floor for the purposes of this Agreement.

“Type”, when used in reference to any Advance, refers to whether the rate of interest on such Advance is determined by reference to the Adjusted Term SOFR Rate or the CB Floating Rate.

Prepayment/Funding Loss Indemnification

The City may prepay all or any part of any CB Floating Rate Advance at any time without premium or penalty except as set forth herein.

In the event of the payment of any principal of any SOFR Rate Advance other than (a) on the last day of an Interest Period applicable thereto (including as a result of an Event of Default or as a result of any prepayment), (b) the conversion of any SOFR Rate Advance other than on the last day of the Interest Period applicable thereto, or (c) the failure to borrow, convert, continue or prepay any SOFR Rate Advance on the date specified in any notice delivered pursuant to the Agreement (regardless of whether such notice may be revoked and is revoked in accordance therewith), then, in any such event, the City shall compensate the Assignee for the loss, cost and expense attributable to such event. In the case of a SOFR Rate Advance, such loss, cost or expense to the Assignee shall be deemed to include an amount determined by the Assignee to be the excess, if any, of (i) the amount of interest which would have accrued on the principal amount of such SOFR Rate Advance had such event not occurred, at the Adjusted Term SOFR Rate that would have been applicable to such SOFR Rate Advance, for the period from the date of such event to the last day of the then current Interest Period therefor (or, in the case of a failure to borrow, convert or continue, for the period that would have been the Interest Period for such SOFR Rate Advance), over (ii) the amount of interest which would accrue on such principal amount for such period at the interest rate which the Assignee would bid were it to bid, at the commencement of such period, for dollar deposits of a comparable amount and period from other banks in the applicable interbank market, whether or not such SOFR Rate Advance was in fact funded. A certificate of the Assignee setting forth any amount or amounts that the Assignee is entitled to receive pursuant to this Section

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shall be delivered to the City and shall be conclusive absent manifest error. The City shall pay the Assignee the amount shown as due on any such certificate within ten (10) days after receipt thereof.

Interest Rates; Benchmark Transition Notification

The interest rate on an Advance may be derived from an interest rate benchmark that may be discontinued or is, or may in the future become, the subject of regulatory reform. Upon the occurrence of a Benchmark Transition Event, clause (c) of the section titled “Illegality/Temporary Unavailability/ Alternate Rate” provides a mechanism for determining an alternative rate of interest. The Assignee does not warrant or accept any responsibility for, and shall not have any liability with respect to, the administration, submission, performance or any other matter related to any interest rate used in this Agreement, or with respect to any alternative or successor rate thereto, or replacement rate thereof, including without limitation, whether the composition or characteristics of any such alternative, successor or replacement reference rate will be similar to, or produce the same value or economic equivalence of, the existing interest rate being replaced or have the same volume or liquidity as did any existing interest rate prior to its discontinuance or unavailability. The Assignee and its affiliates and/or other related entities may engage in transactions that affect the calculation of any interest rate used in this Agreement or any alternative, successor or alternative rate (including any Alternate Rate) and/or any relevant adjustments thereto, in each case, in a manner adverse to the City. The Assignee may select information sources or services in its reasonable discretion to ascertain any interest rate used in this Agreement, any component thereof, or rates referenced in the definition thereof, in each case pursuant to the terms of this Agreement, and shall have no liability to the City or any other person or entity for damages of any kind, including direct or indirect, special, punitive, incidental or consequential damages, costs, losses or expenses (whether in tort, contract or otherwise and whether at law or in equity), for any error or calculation of any such rate (or component thereof) provided by any such information source or service.

Illegality/Temporary Unavailability/Alternate Rate of Interest

(a) Subject to clause (c) of this section, if prior to the commencement of any Interest Period for a SOFR Advance:

(i) the Assignee determines (which determination shall be conclusive and binding absent manifest error) that adequate and reasonable means do not exist for ascertaining the Adjusted Term SOFR Rate or the Term SOFR Rate, as applicable, for such Interest Period; or

(ii) the Assignee determines the Adjusted Term SOFR Rate or the Term SOFR Rate, as applicable, for such Interest Period will not adequately and fairly reflect the cost to the Assignee of making or maintaining its Advances for such Interest Period;

(iii) then the Assignee shall give notice thereof to the City by telephone, fax or electronically as provided in Section 8.2 as promptly as practicable thereafter and, until (x) the Assignee notifies the City that the circumstances giving rise to such notice no longer exist and (y) the City delivers a Funding Request in accordance with the terms of Section 3.5 (A) any Funding Request that requests the conversion of any Advance

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to, or continuation of any Advance as, a SOFR Advance shall be ineffective and any such SOFR Advance shall be repaid or converted into a CBFR Advance on the last day of the then current Interest Period applicable thereto, and (iv) if any Funding Request requests a SOFR Advance, such Advance shall be made as a CBFR Advance.

(b) If the Assignee determines that any Requirement of Law has made it unlawful, or if any Governmental Authority has asserted that it is unlawful, for the Assignee or its applicable lending office to make, maintain, fund or continue any SOFR Advance, or any Governmental Authority has imposed material restrictions on the authority of the Assignee to purchase or sell, or to take deposits of, dollars in the interbank offering market, then, on notice thereof by the Assignee to the City, any obligations of the Assignee to make, maintain, fund or continue SOFR Rate Advances or to convert CBFR Advances to SOFR Advances will be suspended until the Assignee notifies the City that the circumstances giving rise to such determination no longer exist. Upon receipt of such notice, the City will upon demand from the Assignee, either prepay or convert all SOFR Advances of the Assignee to CBFR Advances, either on the last day of the Interest Period therefor, if the Assignee may lawfully continue to maintain such SOFR Advances to such day, or immediately, if the Assignee may not lawfully continue to maintain such Advances. Upon any such prepayment or conversion, the City will also pay accrued interest on the amount so prepaid or converted.

(c) Notwithstanding anything to the contrary herein or in this Agreement, if a Benchmark Transition Event has occurred, Assignee may, by notice to City, amend this Agreement to establish an alternate rate of interest for the Benchmark that gives due consideration to (i) any selection or recommendation of a replacement benchmark rate or the mechanism for determining such a rate by the Relevant Governmental Body or (ii) the then-evolving or prevailing market convention for determining a benchmark rate as a replacement for the then current Benchmark at such time (the “Alternate Rate”); City acknowledges that the Alternate Rate may include a mathematical adjustment using any then-evolving or prevailing market convention or method for determining a spread adjustment for the replacement of the Benchmark (which may include, if any Benchmark already contains such a spread, adding that spread to the Alternate Rate).

The Assignee may further amend this Agreement by such notice to City to make technical, administrative or operational changes (including, without limitation, changes to the definition of “Interest Period”, timing and frequency of determining rates and making payments of interest, the timing of prepayment or conversion notices, the length of lookback periods, the applicability of breakage provisions and other technical, administrative or operational matters) that Assignee decides in its reasonable discretion may be appropriate to reflect the adoption and implementation of the Alternate Rate. The Alternate Rate, together with all such technical, administrative and operational changes as specified in any notice, shall become effective at the later of (i) the fifth Business Day after the Assignee has provided notice (including without limitation for this purpose, by electronic means) to the City (the “Objection Date”) and (ii) a date specified by the Assignee in the notice, without any further action or consent of the City, so long as Assignee has not received, by 5:00 pm Eastern time on the Objection Date,

A-7
written notice of objection to the Alternate Rate from the City . If, on the date the Benchmark actually becomes permanently unavailable pursuant to a Benchmark Transition Event, an Alternate Rate has not been established in this manner, Advances will, until an Alternate Rate is so established, bear interest at the CB Floating Rate. In no event shall the Alternate Rate be less than the Floor.

(d) All determinations by Assignee under this Illegality/Temporary Unavailability shall be conclusive and binding absent manifest error and may be made in its sole discretion and without consent from any other party to this Agreement or any other loan document, except, in each case, as expressly required pursuant to this clauses a-c of this section.

Default Rate of Interest

After a default has occurred under this Agreement, whether or not the Assignee elects to accelerate the maturity of this Agreement because of such default, all Advances outstanding under this Agreement, shall bear interest at a Per Annum rate equal to the interest rate being charged on each such Advance plus four percent (4.00%) from the date the Assignee elects to impose such rate. Imposition of this rate shall not affect any limitations contained in this Agreement on the City right to repay principal on any SOFR Rate Advance before the expiration of the Interest Period for each such Advance.

Notice and Manner of Electing Interest Rates on Advances

The City shall give the Assignee written notice via Appendix C in accordance with established procedures (effective upon receipt) of the City’s intent to draw down funds for payment of Project Costs no later than 1:00 p.m. Pacific time, on the date of disbursement, if the full amount of the drawn Advance is to be disbursed as a CB Floating Rate Advance and no later than 1:00 p.m. Pacific time three Business Days before disbursement, if any part of such Advance is to be disbursed as a SOFR Rate Advance. The City’s notice must specify: (a) the disbursement date, (b) the amount of each Advance, and (c) for each SOFR Rate Advance, the duration of the applicable Interest Period; provided, however, that the City may not elect an Interest Period ending after the Maturity Date. Each SOFR Rate Advance shall be in a minimum amount of $1,000,000. All notices under this paragraph are irrevocable. By the Assignee’s close of business on the disbursement date and upon fulfillment of the conditions set forth herein and in any other related document, the Assignee shall disburse the requested Advances in immediately available funds by crediting the amount of such Advances to the City’s account with the Assignee.

Conversion and Renewals

The City may elect from time to time to convert one Type of Advance into another or to renew any Advance by giving the Assignee written notice via Appendix D no later than 1:00 p.m. Pacific time, on the date of the conversion into or renewal of a CB Floating Rate Advance and 1 p.m. Pacific time three Business Days before conversion into or renewal of a SOFR Rate Advance, specifying: (a) the renewal or conversion date, (b) the amount of the Advance to be converted or renewed, (c) in the case of conversion, the Type of Advance to be converted into (CB Floating Rate Advance or SOFR Rate Advance), and (d) in the case of renewals of or conversion into a SOFR Rate Advance, the applicable Interest Period, provided that (i) the minimum principal amount of each SOFR Rate Advance outstanding after a renewal or conversion shall be $1,000,000; (ii) a

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SOFR Rate Advance can only be converted on the last day of the Interest Period for the Advance; and (iii) the City may not elect an Interest Period ending after the Maturity Date.

All notices given under this paragraph are irrevocable. If the City fails to give the Assignee the notice specified above for the renewal or conversion of a SOFR Rate Advance by 1:00 p.m. P acific time three Business Days before the end of the Interest Period for that Advance, the Advance shall automatically be converted to a CB Floating Rate Advance on the last day of the Interest Period for the Advance.

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APPENDIX C

FUNDING REQUEST NO. _____

The undersigned hereby states and certifies that:

(i) I am an “Authorized Representative,” as such term is defined in that certain Installment Sale Agreement dated as of June 1, 2020, as amended by the First Amendment to Installment Sale Agreement dated as of April 1, 2023 (as amended and supplemented, the “Installment Sale Agreement”), between the City and the City of Santa Clara Public Facilities Financing Corporation (the “Corporation”). Capitalized terms used herein and not otherwise defined shall have the meanings given such terms in the Installment Sale Agreement.

(ii) Under Section 3.5 of the Installment Sale Agreement, the undersigned hereby requests that the Assignee advance the amount of $_________ to the City, for deposit into the Project Fund which has been established under the Installment Sale Agreement.

(iii) The City has selected a [one-month] [three-month] [six-month] Interest Period.

(iv) The amount requested for funding shall be spent on Project Costs or used to reimburse the City for Project Costs previously paid for by the City. No portion of the amount herein requested to be disbursed was set forth in any Funding Request previously submitted to Assignee by City.

(v) ____ [if checked] This Funding Request constitutes the final Funding Request.

Under Section 3.5(c) of the Installment Sale Agreement, the City hereby relinquishes the remaining Commitment.

(vi) F ollowing the funding of this Funding Request by the Assignee, the total amount funded by the Assignee will be $_______.

(vii) No Event of Default has occurred or is continuing under the Installment Sale Agreement and each representation and warranty set forth in the Installment Sale Agreement remains true and correct except for such representations and warranties that are no longer true due to the passage of time.

(viii) The City has completed the information set forth in Appendix D attached to the Installment Sale Agreement.

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The City and the Assignee hereby acknowledge and agree that all Advances made hereunder shall be a SOFR Rate Advance unless and until a Benchmark Transition Event has occurred.

Dated:

CITY OF SANTA CLARA, as Agent of the
Corporation

By:

Name:

Title:

Acknowledged and Accepted:

JPMORGAN CHASE BANK, N.A.

By:

Name:

Title:

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-188 Agenda Date: 3/21/2023

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Acknowledging Receipt by City Council of a State-Mandated Compliance Report on Required Annual Fire Inspections of Certain Occupancies

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Senate Bill (SB) 1205, which became effective in September 2018, enhanced an existing law that required every city fire department, county fire department or district providing fire protection services to annually inspect specific residential occupancies, including hotels, motels, boarding houses, apartment houses, fraternities, sororities, congregate residences, and similar, for compliance with building standards within the jurisdiction (HSC §13146.2). Existing law also requires annual inspection of every building used as a K-12th grade public or private school within the jurisdiction (HSC §13146.3). SB 1205 creates a new mandatory process whereby fire departments present an annual report to their governing authority regarding compliance with safety inspection requirements.

SB 1205 further requires the governing authority to acknowledge receipt of the report via resolution or other similar formal document. For calendar year 2022, there were 1,254 occupancies required to be inspected under the current state regulations within the City of Santa Clara.

DISCUSSION
Senate Bill 1205 requires an inspection status report to be given to Council during its annual budget discussions (or at another time determined by Council), and that Council acknowledge receipt of the report in the manner described above.

The Fire Department is pleased to report 100% completion of the 46 public and private schools, and

94.8% of the 1,208 residential occupancy inspections required in calendar year 2022 (see table below). For calendar year 2022, the 5.2% (63 occupancies) not inspected, were subsequently inspected as of the date of this report.
2022 Inspection Status Report Data
Occupancy Type Inspections
Required
Inspections
Performed
% Complete
Public and Private Schools 46 46 100.0%
Residential R-1, R-2, R2.1, R-4
(see Attachment Appendix A -
Occupancy Type Definitions for
definitions)
1,208 1,145 94.8%
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23-188 Agenda Date: 3/21/2023

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(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
Revenues and related expenditures are currently budgeted in the Fire Department’s Operating Budget in the General Fund, with no additional impacts. The Department collects inspection fees for these services, as approved by Council, to help offset the program’s expenditures.

COORDINATION
This report has been coordinated with the Finance Department, City Attorney’s Office and the City Manager’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 acknowledging receipt of a report made by the Fire Chief of the Santa Clara Fire Department regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

Reviewed by: Ruben Torres, Fire Chief
Approved by: Office of the City Manager

ATTACHMENTS

1. SB 1205 Resolution

2. SB 1205 (HSC 13146.4)

3. Appendix A - Occupancy Type Definitions
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Resolution/Required Reporting of Annual Inspections Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ACKNOWLEDGING RECEIPT OF A REPORT FROM THE FIRE

CHIEF OF THE SANTA CLARA FIRE DEPARTMENT

REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES

REQUIRING ANNUAL INSPECTIONS PURSUANT TO SECTIONS
13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND
SAFETY CODE.

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

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and;
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school , hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and,
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departmen ts, including the Santa Clara Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and,
WHEREAS, the City Council intends this Resolution to fulfill the re quirements of the California Health & Safety Code regarding acknowledgment of the Santa Clara Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

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

1. That said Council expressly acknowledges the measure of compliance of the Santa Clara Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Resolution/Required Reporting of Annual Inspections Page 2 of 3 Rev: 11/22/17
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City, there lie 46 Group E occupancies, buildings, structures and/or facilities.

During calendar year 2022, the Santa Clara Fire Department completed the annual inspection of 46 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100.0% for this reporting period.

B. R ESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as mandated residential care facilities. These residential care facilities have several different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilitie s, etc. The residents may also be non-ambulatory or bedridden. Within the City, there lie 1,208 Group R (and their associated sub-categories) occupancies of this nature.

During calendar year 2022, the Santa Clara Fire Department completed the annual inspection of 1,145 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 94.8 % for this reporting period.

Resolution/Required Reporting of Annual Inspections Page 3 of 3 Rev: 11/22/17

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: C OUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None

Senate Bill No. 1205

CHAPTER 854

An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.

[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]

legislative counsel ’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.

Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.

This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a si milar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant

93 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL J
Ch. 854 — 2 —

to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

93 Appendix A

Occupancy Classification and Use Definitions (2019 California Building Code)

Occupancy Type Definition
Educational Group E Occupancy includes, among others, the use of a building or structure, or a portion thereof, by more than six persons at any one time for educational purposes through the 12th
grade.

Residential Group R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature such as hotels, motels, and boarding houses (with more than 10 occupants).

Residential Group R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature such as apartment houses, boarding
houses (with more than 16 occupants), convents and
monasteries, dormitories, and fraternities and sororities.

Residential Group R-2.1 Buildings, structures or parts thereof housing clients, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services such as residential care facilities, group homes, and halfway houses. This occupancy may contain more than six non-ambulatory and/or bedridden clients.

Residential Group R-4 Residential Group R-4 occupancies shall include buildings, structures or portions thereof for more than six ambulatory clients, but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential
environment and receive custodial care, such as residential care facilities, group homes, and halfway houses.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-99 Agenda Date: 3/21/2023

REPORT TO COUNCIL

SUBJECT
Informational Report on Traffic Calming Study Criteria Related to 85th Percentile Speed and Traffic Volumes

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On June 17, 2022, the City Clerk’s Office received a written petition from a resident requesting traffic calming measures on Cabrillo Avenue between Lawrence Expressway and Nobili Avenue. At the October 4, 2022 City Council meeting, staff provided an update on the written petition and during Council discussion on the item, staff was directed to return to Council with additional information on the specific criteria required for Level 2 and Level 3 Traffic Calming Measures per the City’s Neighborhood Traffic Calming Program. Specifically, Council wanted additional information about the 1) 85th percentile speed and 2) traffic volumes.

This report will provide background information on the City’s Neighborhood Traffic Calming Program (Overview, Level 2 and Level 3 Criteria), information about the 85th percentile speed and traffic volume criteria, and a broad comparison of these criteria compared to other neighboring local jurisdictions.

Neighborhood Traffic Calming Program Overview: Staff analyzes traffic calming requests and recommendations in accordance with the City Council approved Neighborhood Traffic Calming Program (NTCP). The NTCP was established to address and resolve local neighborhood traffic concerns in a systematic manner. The NTCP guidelines (Attachment 1) are utilized by staff when analyzing traffic calming requests submitted by residents. Traffic calming requests and concerns can vary significantly and the NTCP offers three levels of traffic calming measures (i.e. improvements), which are dependent on the results of studies, data collection and analysis. ·
Level 1: Education, public involvement, enforcement efforts, signing, striping, parking controls, and use of the City’s speed radar trailer.
· Level 2: Alterations of the neighborhood street which can include chokers, chicanes, gateways, and rumble strips to deter or prohibit a specific action. · Level 3: Measures similar to Level 2 that may alter neighborhood streets, but these measures may also affect overall neighborhood access and require coordination for emergency response. Examples of Level 3 measures include speed humps, traffic circles, median barriers, forced turn channelization, and diagonal diverters.

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23-99 Agenda Date: 3/21/2023
NTCP Level 2/Level 3 Criteria: Within the NTCP are specific criteria for installation of Level 2 and 3 measures or devices. The full list is provided as Attachment 2 and below is a summary of key criteria:
· The street shall be a two-lane local residential street where the primary function is to provide access to abutting residences. At least 75 percent of street section must be developed residentially, where schools and parks qualify as residential units. · The speed limit shall be 25 miles per hour or less.
· Traffic volumes shall be greater than 1,000 and less than 3,500 vehicles per day. · 85th percentile speed exceeds 33 miles per hour on 25 mile per hour streets. · Installation on a primary emergency response route and/or transit route will NOT be permitted. · Installation will NOT be permitted where substantial diversions of traffic to other local streets may occur, i.e. move the displaced traffic onto adjacent residential streets. · At least 70 percent of the impacted residents and 100 percent of residents within 100 feet of the proposed device location shall support the installation.

DISCUSSION
Council requested more information about two specific criteria (85th percentile speed and traffic volume) related to allowing Level 2 and/or Level 3 traffic calming measures per the NTCP. 85th Percentile Speed: One of the criteria for installation of Level 2 and Level 3 traffic calming measures is that “The 85th percentile speed shall exceed 33 miles per hour on 25 miles per hour streets.”
The 85th percentile speed is a metric that is a traffic engineering industry standard used primarily to set speed limits on public roadways. It is calculated by using speed data and determining the speed that 85 percent of drivers are traveling at or below. As an example, if speed data is collected for 100 vehicles on a given roadway and 85 percent of drivers (85 drivers) are traveling at 30 miles per hour or less, the 85th percentile speed is 30 miles per hour. Specifically, for the NTCP, the 85th percentile speed should be above 33 miles per hour to meet the criteria for a Level 2 or 3 traffic calming measure.

Traffic Volumes: An additional criterion in the NTCP for the installation of Level 2 and Level 3 traffic calming measures is that “Traffic volumes shall be greater than 1,000 and less than 3,500 vehicles per day.”
In other words, when traffic volume data is collected for a given roadway, only roadways that have traffic volumes between 1,000 to 3,500 vehicles per day are eligible for Level 2 and Level 3 traffic calming measures. The intent behind setting these values is to limit the amount of Level 2 and Level 3 traffic calming measures on residential roadways to those with moderate traffic levels (between 1,000 - 3,500 vehicles per day). It is important to note that Level 2 and Level 3 traffic calming measures require funding for construction and maintenance and can increase vehicle congestion and delays if allowed on roadways with significant traffic volumes (i.e. traffic volumes greater than 3,500 vehicles per day).

Comparison to Other Local Jurisdictions: Attachment 3 provides information related to the traffic calming programs in Sunnyvale, Mountain View, San Jose, Palo Alto, and San Mateo to provide a comparison with the City’s NTCP 85th percentile speed and traffic volume criteria. While all traffic calming programs have criteria that vary slightly, Santa Clara’s criteria related to speed and traffic City of Santa Clara Printed on 3/16/2023Page 2 of 3
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23-99 Agenda Date: 3/21/2023
volume is comparable to other local jurisdictions.

Included with the Adopted Biennial Capital Improvement Program Budget there is proposed funding in Fiscal Year 2025-2026 in the Streets and Highways Fund, Neighborhood Traffic Calming project which may be used to begin a review and update to the NTCP which includes an evaluation of the current NTCP, research into other jurisdictions traffic calming programs, and best practices, etc.

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 an administrative activity that will not result in direct or indirect physical changes to the environment.

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

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

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

RECOMMENDATION
Note and File the Informational Report on Traffic Calming Study Criteria Related to 85th Percentile Speed and Traffic Volumes
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Office of the City Manager

ATTACHMENTS

1. Neighborhood Traffic Calming Program Guidelines

2. Criteria for Installation of Level 2 and 3 Devices

3. Traffic Calming Program Comparison
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NEIGHBORHOOD

TRAFFIC CALMING

PROGRAM
Approved by City Council 4-27-99
City of Santa Clara
Department of Public Works
April1999

TABLE OF CONTENTS
Page(s)
Introduction ... .................................................................................................. 1 Purpose ........................................................................................................... 2 Has Your Neighborhood Experienced Any of the Following Problems? .............................. . 3 Here are Some of the Solutions for the Problems Identified ......................................... 4- 8 Traffic Management Strategies ............................................................................ 9-10 Table I - Level 1 Neighborhood Traffic Calming Options ............................................. 11 Table 2 - Level 2 and Level 3 Neighborhood Tr'1:ffic Calming Options ............................ _ ... 12 Impacts of Traffic Calming Measures ...................................................................... 13 Figure 1 - Police and Fire Emergency Response Routes ................................................ 14 Table 3 - Police and Fire Emergency Response Routes ........................................ ; .. 15 - 16 Procedure for the Evaluation of Requests ............................................................ 17-18 Sample Petition Form for Installation of Level 2 Traffic Calming Device ............................. 19 Criteria for the Installation of Level 2 and Level 3 Devices ............................................. 20 Additional Criteria - Installation of Speed Humps ........................................................ 21 Priority Scoring System for Installation of Level 2 Devices ............................................ 22 Conclusion ..................................................................................................... 22 Level 1 Neighborhood Traffic Calming Options (Descriptions) .................................. 23 - 31 Level 2 Neighborhood Traffic Calming Options (Descriptions) ................................. .3 2 - 3 7 Level 3 Neighborhood Traffic Calming Options (Descriptions) .................................. 38 - 45 Traffic Information ........................................................................................... 46 Speed Limit .......................................................................................... 47 Crosswalks ............................................................................................. 48 Bike Lanes ............................................................................................ 49 "Children at Play" Signs .................................................................. ; ........ .50 Stop Signs ............................................................................................ 51 Traffic Signals ....................................................................................... 52

INTRODUCTION
The Neighborhood Traffic Calming Program (NTCP) was established by the City of Santa Clara to address and resolve local neighborhood traffic concerns and quality of life issues. The NTCP expands the City's· current approach to mitigate the neighborhood concerns in a systematic and efficient manner. The program provides outlines of the broad range of possible solutions to the problem(s). The program is based upon the techniques· that are being utilized by surrounding cities in the South Bay. In developing the program, City staff reviewed the traffic calming programs of these cities and evaluated their full impacts as well as the relevant experience of each city.

The process begins with the resident reviewing the NTCP guidelines, identifying the problem, and then forwarding the concern to the· Traffic Engin~ering Division staff:

CITY OF SANTA CLARA
Attn: City Traffic Engineer
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone Number: ( 408) 261-5200
Fax Number: ( 408) 985-7936
Neighborhood Traffic Calming Program
Approved 4-27-99

Page 1 ends

Purpose
The City periodically receives through the various City departments public concerns about excessive vehicle speeding and high cut-through traffic on neighborhood streets in the City. In many instances, when motorists are faced with a congested arterial route choose to use non arterial streets on neighborhood streets. This consequently has led to an increase m. demand from residents for traffic calming devices to be installed in their neighborhood streets to mitigate the subsequent traffic problems that are either real or perceived.

In reaction to these concerns as well• as the desires of the City to provide its residents with a methodical approach to managing and quickly respond to these concerns, the City Manager was requested to develop a comprehensive Neighborhood Traffic Calming Program (NTCP). This program is not intended to replace but rather to supplement current City practices. "Neighborhood Traffic Calming" expresses the· sentiments of residents who wish to maintain peaceful and people-friendly streets within their neighborhoods by either minimizing or eliminating the undesirable impacts caused by the motoring public. While all streets are public property, residents have particular concerns about streets in their neighborhoods. The City understands the concerns residents may have regarding their neighborhood streets and supports the residents in taking a special interest. As such, the NTCP aims to facilitate the maintenance and enhancement of elements characteristic of livable communities, which include elements supporting security and safety of all residents and visitors, the sense of home and privacy, and the feeling of community identification.

The City. believes this program will provide a framework which can be consistently applied in addressing a myriad of traffic safety concerns as well as quality of life issues as they are encountered by residents and the City. These concerns include limited sight distance, on-street parking, pedestrian and bicyclists safety, right-of-way control, high incidence of accidents, excessive vehicle volumes and excessive speeding. The program is designed, however, to be flexible enough to respond to case-by-case situations and to be amended as necessary.

Furthermore, the traffic calming measures included as part of the NTCP should be implemented only to address documented safety or traffic concerns supported by traffic engineering studies.

All implementations shall adhere to the guidelines provided in this report unless decided otherwise by the City Traffic Engineer
Neighborhood Traffic Calming Program
Approved 4-27-99
Page2
Has your neighborhood experienced any of the foil owing problems:
□ Limited sight distance - vegetation and parked vehicles. □ Concern for pedestrian safety.
□ Parking control and prohibition.
□ Right-of-way traffic control at intersections.
□ High incidence of accidents.
□ Excessive vehicle volumes.
□ Excessive speeding.

Neighborhood Traffic Calming Program
Approved 4-27-99
Page3
Here are some of the solutions for the problems identified:
□ Limited sight distance - vegetation and parked vehicles.

What can be done about sight obstructions or restrictions? • When foliage is the culprit in compromising sight visibility, City forces will either trim or remove the shrub or tree. When the tree is within the resident's property, the City will notify the resident of his/her responsibility to correct the problem. • When parked vehicles or other obstructions are causing a sight restriction preventing motorists from seeing approaching vehicles, the City Council can authorize the City Traffic Engineer to prohibit parking of vehicles, garbage· bins, storage bins, or any other obstruction to provide all road users with adequate sight distance.
□ Concern for pedestrian and bicyclist safety.

How can the City help provide a safe environment for pedestrians? • Police Department conducts pedestrian and bicycle school safety programs ( on request). These programs alert and educate pedestrians and bicyclists to potential safety hazards.
• Suggested safe route to school. programs. Through cooperative efforts between the City, School Districts, and parents a safe route to and from school can be determined.
• Traffic control tools are available that can assist pedestrians and bicyclists in negotiating street facilities. When warranted marked crosswalks, adult crossing guards, flashing beacons, stop signs, traffic signals, detector loops, pedestrian push buttons, etc. can be used.
• When warranted the construction of sidewalks will provide a path for pedestrians to separate them from vehicles, reducing the potential for conflicts. • When warranted and when there is sufficient right-of-way, bicycle lanes and bicycle paths can improve the comfort and safety of bicyclists.

Neighborhood Traffic Calming Program
Approved 4-27-99
Page4

Page 5 ends

Approved 4-27-99
 Parking control and prohibition.

How can street parking be controlled?
 Time limit parking. When all day parkin g interferes with reasonable time usage, time limits can be established in order to provide available parking for all motorists.
 Parking prohibition. When vehicles park ing or stopping cause a sight visibility or roadway obstruction, parking prohibition can help to improve visibility and facilitate vehicle movements.
 Preferential parking permit program for residential areas. When allowing all day parking on neighborhood streets become a burden and those who are parking are non-residents (businesses, schools, etc.) parking limit can be established that would allow residents to obtain reside ntial parking permits (administered by Police Department).
 Traffic enforcement. When motorists ar e seen not observing traffic controls or regulations the Santa Clara Police De partment will schedule selective enforcement.
 Right of way control at the intersection.

What tools are available that can help assign the right-of-way?  Marked crosswalks. They are intended to alert drivers to lo cations where they need to watch carefully for pedestrians. Also, crosswalks mark the best or preferred location where pedestrians should cross the street.  Adult school crossing guards. Police Depa rtment trained adu lts watch traffic flow, wait for an appropriate gap between vehicles and lead groups of children promptly across a street.
 Turn prohibition signs. Where vehicle tu rning movements are determined to be hazardous specific turning prohibitions can be implemented.  Raised curb medians. These are physical features used as street median barriers to prevent left turns and improve main street traffic flow.  Semi-diverter (half-closures). Physical structure(s) serv ing as barriers to prevent access onto local streets by through traffic.
• Traffic chokers. These are geometrically designed features that physically narrow the street, reducing the distance for pedestrians when crossing the street. • Stop signs .
intersections.

These assign the vehicular and pedestrian right-of-way at • Traffic signals. Electronic traffic control that assigns vehicular and pedestrian right-of-way at intersections. In addition they facilitate traffic flow through the intersection.
□ High incidence of accidents.

Depending on the location of reported_ accidents, some of the solutions that Traffic Engineers have to reduce the number of accidents are the following:
• Speed limit or warning signs. Regulatory signs will inform.motorists of the vehicle speeds they are expected to travel and warning signs will alert them to unexpected road conditions.
• Right-of-way control assignments. Where traffic accidents, vehicular volumes, and time delays are substantial, traffic controls like stop signs and traffic signal can help to provide adequate time gaps to enter the intersection. • Road improvements. When warranted the types of road improvements possible are: sidewalks; street lights, street width modification, etc. • Request for increased Santa Clara Police Department Traffic Enforcement.

Selective enforcement provides an education opportunity by adding emphasis on observing the rules of the road.
• Traffic Engineering Studies and Observations. Traffic volume, speed, roadway, and accident studies can be conducted to assess the nature and extent of the problem. Roadway conditions such as sight distances, pavement conditions, traffic signing, pavement markings, and roadway geometry are reviewed to determine the effect they have on the driving conditions. The findings from these studies can be used to help in lessening the traffic concern by either improving the situation or by demonstrating the situation is not as adverse as perceived. • Installation of striping, stop signs, additional and larger speed limit signs, and "25" pavement messages. These are recommended as treatments to increase the motorist's awareness and other driving conditions by highlighting various areas of the roadway.

Neighborhood Traffic calming Program
Approved 4-27-99
Page6
□ Excessive vehicle volumes.

What types of traffic control tools are available to reduce vehicle volumes? • Turn prohibition signs. The success of these regulatory signs will depend on their general acceptance by motorists. When posted, they will prohibit specific turning movements.
• Raised curb medians and forced-tum channelization. These are permanent physical features used as street median barrier or at intersections to prevent through traffic from making turning movements onto local neighborhood streets. • Semi-diverters (half-closures). These are permanent physical structure(s),· serving as barriers to prevent access onto local streets by through traffic. • Diagonal diverters. These are permanent physical barriers that are • placed diagonally across the intersections to re-direct through traffic away from local neighborhoods.
• Cul-de-sac. A complete physical barrier blocking through traffic. □ Excessive speeding.

How can it be controlled?
• Speed limit signs and "25" pavement messages. Either used separately or as a combination, they are one of the most cost effective measures in increasing the awareness of motorists traveling through a neighborhood street. These two devices do not have glaring negative impacts as far as air quality, emergency response time, maintenance, and liability exposure are concerned. • When warranted geometrically · designed features or barriers can he used, such as speed humps and traffic circles to reduce vehicle speeds on local neighborhood streets.

How can the posted speed limit be enforced or monitored? • Radar Speed Trailer. The deployment of the radar speed trailer is coordinated by the Police Department. It is primarily used as an educational tool. The primary intent of the radar speed trailer is to remind motorists of the prevailing speed limit and the need to check their speedometer on a more frequent basis. It is important to note that the trailer is not an enforcement device.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 7 ends

• Increased Police Enforcement. Police enforcement has proven, over the years, to be the most effective and successful technique in reducing speeds within a residential area. Police presence alone would increase safety awareness in residential streets. Unlike other costly traffic measures, police enforcement has the distinct advantage of impacting offending drivers without affecting the convenience or mobility of motorists who obey the rules of the road. The speeding pattern sometimes crop up again when enforcement activity is not periodically resumed. Due to various City-wide needs and the amount of traffic· movement within the City, particularly during commute hours, the Police Department cannot always provide the desired amount and frequency of enforcement residents would like.· Without regular periodic enforcement, long-term benefits of speed reduction may be diminished.

Neighborhood Traffic Calming Program
Approved 4-27-99
Page8
Traffic Management Strategies
Traffic calming options to address residential traffic concerns can generally be categorized as follows:

1. Meeting with and educating residents to better understand the nature and· extent of traffic problem(s). A discussion of potential solutions to those problems often brings to light the likely benefits and potential impacts.

2. Enforcing general laws and ordinances pertaining to speed limits, turning restrictions, intersection control and parking regulations. This may entail the establishment or revision of City ordinances.

3. Utilizing traffic control aevices that provide specific regulatory, warning or _guide messages to pedestrians, bicyclists, motorists and all users of the roadway.

4. Neighborhood meetings and installing physical geometric design features that influence or direct the movement of vehicles, bicyclists or pedestrians within the neighborhood streets.

In general, these designs cause either vertical or lateral modifications to achieve their objectives. Only when the methods in items 1, 2 and 3 have proven ineffective should these measures be utilized in addressing residential concerns.

As stated, the NTCP is intended to expand the City's current practices to mitigate cut-through traffic, speeding and other traffic-related problems in residential neighborhoods. In line with the management strategies above, traffic calming options available through the NTCP are generally classified under one of the following three categories:
• Level 1 - These measures are generally comprised of studies, data collection efforts, observations, education, public involvement, enforcement efforts, new striping, new signage, parking controls and the use of the speed radar trailer (see categories 1-3 above).

These measures are sometimes referred to as passive controls. • Level 2 - These measures include neighborhood meetings and generally require the alteration of the physical configuration of neighborhood streets (see category 4 above).

These measures are sometimes referred to as physical controls and common characteristics are that by their physical form they force or prohibit a specific action. These features are largely self-enforcing and create a· visual impression that a street is not intended for through traffic. Level 2 treatments include neighborhood meetings, chokers, chicanes, gateways and rumble strips. While Level 2 measures may possibly negatively impact emergency response times of service vehicles, sound engineering and design in coordination with emergency service departments can reduce the impacts to a minimum.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 9 ends

• Level 3 -- Level 3 measures are similar to Level 2 measures in that they require alteration of the physical configuration of neighborhood streets and force or prohibit a specific action, however, the intrinsic features of Level 3 measures critically affect neighborhood access and emergency response. Level 3 treatments include speed humps, traffic circles, median barriers, forced tum channelization, diagonal diverters and cul-de-sacs. Because emergency response routes (see pages 15 and 16) are part of vital routes in providing life-saving services to all City citizens and visitors, they will not be eligible to receive Level 3 treatments.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 10 ends

Traffic
011ning
MBsu'e
Trala-
2~~t!!(~{ :(:

Tablel
Level 1 Neighborhood Traffic Calming Options

8.ISIG.te
Voll.Ire LDss cl am lraease l:stinaed
Speed Reductian Noise Ql.Sraet Pt:a!ss ErrergB1cy in Sreet lnslallaioo Reduction Traffic 'nr.n:~ Partcing Restriction Mirmn- a,st llversioo ance
Yes
Neighborhood Traffic Calming Program
Approved 4-27-99

Page 11 ends

Table 2
Level 2 and Level 3 Neighborhood Traffic Calming Options A) LE\EL.2
Tmlic
Qming
Maasln
Voll.lie
Speed Ralction
Recil:tion Traffic
llYersion
Noise Loss ct la:Jess
Ch-SlaetRes
Parking triction
1 l'egi)ataxj Possilie Pcssille t-.b Oage !'ale l'ble
8) l.BEL.3
Tmlic
Calning
Maasln
1 Neigixm:loo
}~:~;~
:::>.::;::: ::::=;.;.::;:::::\//i\.;::::.:::::.:::.:.: .. 5 lrtersedia,
Voll.ll'e
Speed Ralction l\ase Loss ct la:Jess
RD.tdion Traffic lnaease Ch-Slaet Res-
llYersion Parking triction
Possil:ie Rlssible l'.b OBge f\b1e t,.b,e
Yes
Neighborhood Traffic Calming Program
Approved 4-27-99
Bus RDlie ln:rease
and inSniet
fnB'Qf,!l tcy Mairien-
'\khicle ance
Resp>lise
lrq>aets
Bus ROule Increase
and inSniet
E"nierges lCY MJirien-
'\khicle ance
Fesponse.
,lrq>aets
Estinmd
Installation
Q,st
Estinmd
Installation
Q,st

Page 12 ends

Impacts of Traffic Calming Measures
While Level 2 and Level 3 options have the potential to achieve the desired results, they can also present significant problems that --compound the initial concern of the resident. From the resident's point of view, the benefits are quite often obvious while the shortcomings may be less apparent. There are different types of traffic calming devices and measures, and their impacts will vary depending on the application and the existing roadway condition~. In recommending the use ofLevel.2 and Level 3 calming measures, it will.be the City's policy to proceed with caution and to fully investigate potential problems associated with their implementation.

In order to determine the suitability of traffic calming devices for remedying residential traffic problems, it is first important to quantify the problem to determine the nature and extent of the problem( s) to be solved. Each problem should be handled on a case-by-case basis and described qualitatively as well. Also, the real problem, not just the perceived concern, must be identified to ensure the solution achieves the desired result. · ·
The experiences of other jurisdictions illustrate that negative impacts must be• identified and then weighed against the benefits of the proposed traffic calming method. Furthermore, delays to services including transit, police, fire, ambulance, waste collection, and street cleaning can have adverse implications, resulting in a compromise to neighborhood safety and livability. Traffic calming measures and devices should be applied only where sound engineering judgement justify their use. The City, however, shall strive. for a balance between responsive customer service and sound engineering judgement in dealing with residential requests for Level 2 or Level 3 traffic calming devices and measures.

The emergency response route table and map in the following pages . show the residential streets that are highly utilized by the Police and Fire Department. Because these streets are part of vital routes in providing life-saving services to an· City citizens and visitors, they will not be eligible to receive Level 3 treatments. These emergency response routes, however, are eligible for Level 2 treatments. Like Level 3 devices, Level 2 devices have a negative impact on the response times of emergency vehicles/units, butto a lesser degree.

Neighborhood Traffic Calming Program
Approved 4-27-99

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Figure 1
Police and· Fire Emergency Response Routes
Two-Lane Residential Streets
T,oc.-tq No. ,_,.,ofl

CITY OF SANTA CLARA

RESIDENTIAL POLICE AND FIRE ROUTES
Neighborhood Traffic Calming Program
Approved 4-27-99
Police ond Fire Emergency Routes
2-Lone Residential Streets
Major Arterials

Page 14 ends

SIREEI
PgteDrive
PgteDrive
f:,geNRoa:t
Alpine Averue
Alviso Street
Alviso Street
P(rp3\Naf
Belany Street
Berta, Street
Berta, Street
a.d1a1al Dive
ad<in;ta,,Dive
catxillo Aver1R;
Galle De Aimavera
OTarite Dive
OydeAverue
Ovic Cata- Dive
QorinDive
Cyµ"essAven.Ja
Ea&\\OOdOrde
8 &trate Avr:n.J9
Flora 'vista Avarua
Fabas Aveo.:e
Fcrc:taTI Dive
FcrestAverue
Frards Aven:e
Qrrtiin Drive
Gacia Drive
Gcra:ia Aven.Ja
G"eenAood Dive
Hafad Aven:e
Hf:rdd Aven:e
rtga,Dive
1-brrestead Roa:!
Table 3
Police and Fire Emergency Response Routes
Two-Lane Residential Streets
UMTS
ENTIRE LENGTH FRaJI
Fren:h Street
OmliteDive
CaiabazM Creek
X
13erta, Street
iViarket Street
X
Sac:tcga Avr:n.J9
Wcx:xJ. Du::k Avfn.S3
Los Oivos Drive
13erta, Street
Stevens Creek Bvd.

La\i\erce~.

X
X
X
\/\atuta, AverJ..Ya
Stevens Creek Bvd.

Stevens Creek Bvd.

X
X
Berta, Street
1-avard Aver~
CabilloAverua
B-c:d<sde Avr:n.J9
X
Pn.neridge Averud
X
La\,\erce ~-
X
X
Forest Aver-u3
X
San Taras ExpNy.

Neighborhood Traffic Calming Program
Approved 4-27-99
TO
MJrticsllo\Na,j
700 f\b"thct OTonite 0-.

Lafayette Street
L.ewsStreet
NeYJ'lall·Street
Ja:kscnStreet
LawerceExp.w.
8 QmroReal
8 Garriro Real
IV'a.rida Averue
l\l'ain Street
IVblToe Street
Pn.neridge Aven.ia
Pn.neridge Aven.ia
V\atuta, Averue
LosPa:tesBlvd
IVblToe Street
1-BTyAverue
Fortaia Drive
Porreroy AvErU=
Pn.reridge Averue
Lafayette &reet

Page 15 ends

Stkt:EI
Ja:l<SCTIStreet
Kaser Dive
t<eysta,e Avfn..la

1...skestoeDive
I.EE Palma; Dive
La.rieAVfll=
Lircoln Street
La::tirwa-AVfn..la
La;Oiva;Dive
La;Pa:resBlvd
IVata:b Avfn..la
Main Street
l\tsk Avf:!rU=
l\/1erket Street
IV'a.ricia Aven.e
l\lbToe Street
Mrticello \/Va/
NelJ'lall Street
fmliAveru3
()a{'A(XXfDive
Pak Avf:!11.2
Pea:x:lck Aven.e
~Tre:el..a1e
Poircicra Dive
Pal BOf.Averua
saa-a'Way
SaihDive
Ta, Oak Dive
\/\atutcnAven.e
\/\atutcn Averua
\/V;m D..ck Avf:n.Id
V\txx:tansRO:id
Table 3 (Continued)
Police and Fire Emergency Response Routes
Two-Lane Residential Streets
UMTS
eJTIRELalGTH FRClVI
Bellany Street
X
&d<irgBn Dive
X
1-b'nstea:i R::a:J
X
1-bnstea:i R::a:J
X
X
X
Del 1\/bie Aven:e
Scta"a\/Vaj
Saia CruzAven:e
Saa0:;18AVeru3
X
Scd:t 8aj91atj
X
WB,irga, Street
El Qmiro Real
X
Bellany Street
X
1-bnstea:i R::a:J
Halfad AverJJa
Pn.reridge Avrn.e
IVbToe Street
X
X
Flaa Vista Aven:e
La; Pa:tes Blvd
Beien Street
X
Neighborhood Traffic Calming Program
Approved 4-27-99
TO
IVaket Street
Saaoga Avfn..la
8a"ta, Street
EIQrniroReal
1\/bToe. Street
8a"ta, Street
Frai:is Avf!TU3
TreAlaneda
NeM1allStreet
East Qty Limits
fVb"roe Street
East Qty Limits
Kaiser Dive
l.av\rerce Exp.Ny.

Watuta,Avf:!IU=
Main Street
LaireAven:13
.1\/trroe Street
Pea::ock Aven:J3

Page 16 ends

Procedure for the Evaluation of Requests

1. Citizens shall submit a request for implementation of traffic calming measures in writing to the following:

City of Santa Clara
Traffic Engineering Division
1500 Warburton Avenue
Santa Clara, CA 95050
· 2. Initial steps will be to consider and determine the effectiveness and feasibility of Level 1 Traffic Calming measures in mitigating the concern(s). The City Traffic Engineer will work directly with citizens to develop sol~tions involving Level 1 treatments.

3. Should Level 1 treatments prove unsatisfactory in resolving the concern, Level 2 and Level 3 treatments will then be considered. A neighborhood meeting will be scheduled to allow residents of the impacted neighborhood to express their concerns. The meeting will be conducted to identify the issue( s) of concern and to arrive at a feasible solution. A neighborhood representative or contact person shall be identified/selected at this meeting.

The designated representative will be given a standard Traffic Calming Request/Petition Form and will be expected to collect all necessary signatures from residents. Also, the neighborhood representative will act as a facilitator between the neighborhood residents and the Traffic Engineering Division staff.

4. The neighborhood representative indicated above shall return the completed Request/Petition Form to the Traffic Engineering Division within 30 calendar days. All residents of the affected neighborhood are to be contacted and the petition must contain the signatures of property owners representing at least 70% of the properties that face directly on the block under consideration. There must also be 100 percent concurrence from residents within 100 feet of the proposed Level 2 or Level 3 device. A separate petition must be submitted for each block.

If the neighborhood representative cannot obtain the necessary neighborhood concurrence, Level 2 and Level 3 devices will not be used and the Traffic Engineering Division will continue to investigate the use of Level 1 treatments in mitigating the traffic concern.

Completed petitions shall be submitted to the Traffic Engineering Division at the address indicated above.

5. Once the petition is received, the Traffic Engineering Division will undertake engineering studies and will work closely with the Police and Fire Departments to determine whether or not the street in question meets the established criteria for an installation.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 17 ends

If the street is eligible for a Level 2 or Level 3 device, the matter will be scheduled for an upcoming City Council meeting. All residents will be notified of the proposal and will be given the opportunity to address Council. If the recommendation is denied, the Level 2 or Level 3 device will not be used and the Traffic Engineering Division will continue to investigate the use of Level 1 treatments in mitigating the traffic concern. If the recommendation is approved, on the other hand, the Level 2 or Level 3 device will be scheduled for installation.

If, on the other hand, it is determined that the street is not eligible for the requested Level 2 or Level 3 device, the representative will be notified in writing giving the reason why the street is not eligible. The designated neighborhood representative will be given 15 days to appeal the ·decision in writing to the Traffic .Engirieering Division. Only then will the appeal be scheduled to be heard before the City Council.

If the appeal is denied, the Level 2 or Level 3 device wi!l not be used and the Traffic Engineering Division will continue to investigate the use of Level 1 treatments in . mitigating the traffic concern. If appeal is approved, on the other hand, the device will be scheduled for installation.

6. Evaluation of Level 2 and Level 3 devices will be done on a first-come first-served basis.

7. Level 2 and · Level 3 devices will only be installed in conformance with the design guidelines that have been established by the City Traffic Engineer.

8. If there is subsequently a desire by residents to remove a Level 2 or Level 3 device, it will only be considered for removal after a petition requesting removal is received by the Traffic Engineering Division from property owners representing at least 70% of the properties that face directly on the block.

9. Contracts for the installation of Level 2 or Level 3 device installations will be bid semi annually. When funding runs out, improvements will be done after subsequent budgets are approved. All installations will be prioritized according to the priority scoring system established in this report.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 18 ends

i
l -

CITY OF SANTA CLARA
Traffic Engineering Division
PETITION FOR INSTALLATION OF LEVEL 2 AND LEVEL 3 TRAFFIC CALMING DEVICES The undersigned approve/disaprove the implementation of a traffic calming measure on the following residential street:
on ___________ between _____________ and __________ _
The undersigned have read the Neighborhood Traffic Calming Program (NTCP) installation and removal policy and fully understand the procedures.

All persons signing this petition do h~reby certify that they reside -within the area impacted .

Return petition forms to:

City of Santa Clara
Traffic Engineering Division
1500 Warburton Avenue
Santa Clara, Ca 95050
Contact person(s): _________________ Phone No(s): ___________ _ The contact person(s) will act as the facilitator(s) betwen the neighborhood residents and the Traffic Engineering Division staff. The facilitator's duties will indude collection of all necessary signatures from residents.

ONLY ONE SIGNATURE ALLOWED FOR EACH ADDRESS
(Signature Required) (Signature Required)
Name (Please Print) Address Phone No. APPROVE

1. 2.

3. / /

4. "' v">

5. /"....
"'~~ 6.
f',_ " " ./

7. / ~"'-/ 8. ~<-- <:J )>

9. < - /

10. 7 .....
"

11. ~ >

12. /'-.... "\_
~
)~
\. ""'- \
-.,

13. 14.
~~ '> 15. I \. /'.../

16. ~~ ~\

17. ~

18. <.. ...__.. J

19. 20.
* Level 3 devices shall not be installed on emergency response routes.

Neighborhood Traffic Calming Program
Approved 4-27-99

DISAPPROVE

Page 19 ends

Criteria for Installation of Level 2 and 3 Devices
The following criteria must be met for the installation of Level 2and Level 3 devices:

1. The street shall be a two-lane local residential street where the primary function is to provide access to abutting residences. At least 75% of street section must be developed residentially, where schools and parks qualify as residential units.

2. The overall pavement shall be no more than one lane of traffic in each direction.

3. The posted. speed or prima facie speed shall be 25 miles per hour or less.

4. Traffic volumes shall be greater than 1,000 and less than 3,500 ve!ticles per day.

5. The 85th percentile speed shall exceed 33 miles per hour on 25 miles per hour streets.

6. Installation on a primary emergency response route and/or transit route shall NOT be permitted.

7. At least 70% of the impacted residents and 100% of residents within 100 feet of the proposed device location shall support the installation. Furthermore, 100% of all impacted residents shall be notified of the petition. The boundaries of the affected areas as well as the identification of the impacted residents will be determined by the City Traffic Engineer.

8. Installation will not be permitted where substantial diversions of traffic to other local streets may occur, i.e. move the displaced traffic onto adjacent residential streets.

9. Devices shall be located a minimum of 5 feet from driveways, manholes, drain inlet, water valves, street monumentation; and other appurtenance.

10. Devices shall be located a minimum of25 feet from fire hydrants.

11. Devices shall be installed only where minimum safe stopping sight distance ( as defined in AASHTO' s A Policy of Geometric Design of Streets) can be provided.

12. Emergency response routes (see pages 15 and 16) are not eligible for installation of Level 3 devices.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 20 ends

Additional Criteria - Installation of Speed Humps
The following criteria must also be met for the installation of speed hump(s):

1. The street shall have adequate existing curb and gutter on each side of the street to prevent flooding in the area of the speed hump.

2. The effected street segment should be at least 600 feet in length minimum.

3. The first speed hump in a series should normally be located in a position were it can not be approached at high speed from either direction. To achieve this objective, the first hump should be located at approximately 200 feet from an intersection or a stop sign, unless decided otherwise by the City Traffic Engineer.

4. Speed humps shall not be installed within horizontal curves ofless than 300 feet centerline radius, and on vertical curves with less than the minimum safe stopping sight distance.

Humps shall be located on tangent rather than curve sections.

5. Speed humps should be located in line with or near residential property lines whenever possible.

6. Speed humps should be located near street lights when possible in order to illuminate speed humps for safe bicycle and pedestrian passageway at·night.

7. Spacing between speed humps should be as even as possible in order to produce a relatively uniform speed along the entire street. Speed humps within a series should be placed from 200 to 600 feet part. Spacing should allow at least one speed hump on each block.

8. Emergency response routes (see pages 15 and 16) are not eligible for installation of speed humps.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 21 ends

Priority Scoring System for Installation of Level 2 and 3 Devices In order. to ensure that the City's traffic safety funding is allocated to street segments with the greatest need, a priority point system is used to rank the locations where Level 2 and 3 devices are requested. The Council-approved installations shall be ranked for installation/removal according to the following point system:
• Percent of vehicles exceeding speed limit ............................. 1 point/percentage point • Number of vehicles over 1,000 daily traffic volume ................. 1 point/100 vehicles • Number of reported speed related accidents (in last 2 years.) ...... 10 points/accident • Vicinity to schools or parks (within 1 block) ......................... ;5 points each · • Percent of property owners approving installation( s) ..... , .......... 1 point/percentage point The total of the five evaluation criteria shall be l!Sed to determine the prioritization of the eligible installations. The installations not funded for a specific funding cycle shall be re-evaluated and shall compete on an annual basis with any new eligible installation on a priority basis.

Conclusion
Instead of replacing current City practices, the emphasis of the Neighborhood Traffic Calming Program (NTCP) is to broaden the traffic calming options available to residents wishi.ng to calm traffic in. their neighborhoods. Many of the concerns can. be resolved by utilizing current City practices (Level 1) which have consistently proven over the years to be very effective at calming traffic. Ultimately, the program will help all the parties involved in determining the suitability of alternative traffic calming treatment( s) for a given neighborhood. · Basically, traffic calming measures are aimed at counteracting the negative impacts of traffic speeding and cut-through traffic in residential areas. Some of the benefits of traffic calming devices and measures include the following: reduced vehicle speed, reduced traffic flows, improved public safety, increased comfort and mobility for non-motorized travel, reduced noise and air pollution, increased street activity and neighborhood interactions, and a more attractive streetscape. The NTCP can maintain and perhaps enhance the safety, cohesion, and vitality within Santa Clara's neighborhoods with appropriate applications of these treatments. In order to accomplish these objectives, the City will work closely with neighborhoods to improve the process.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 22 ends

LEVEL 1

NEIGHBORHOOD TRAFFIC CALMING OPTIONS
Higher Visibility Crosswalks
Level 1
Description: A crosswalk incorporating striped pattern. Mid-block crosswalks are to be avoided because they are unexpected by the motorist.

Positive Aspects:
• More visible to motorists than traditional crosswalks.

Negative Aspects:
• May create a false sense of pedestrian security.
• Requires more maintenance than traditional crosswalks.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 24 ends

Police Enforcement
Level 1
Description: The Police Department deploys units to residential areas with reported problems to perform stepped up enforcement.

Positive Aspects:
• Reduces vehicle speeds.
• May help reduce cut-through traffic.
• Can be conducted during time periods that are deemed to be most problematic. • Impacts offenders without affecting the convenience or mobility of motorists who obey the rules of the road.

Negative Aspects:
• Without regular periodic enforcement, long-term benefits may be diminished. • The time period and frequency of enforcement is generally controlled by limited resources and other policing duties.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 25 ends

Special Neiehborhood Si@s
Level 1
Description: Special neighborhood signs alert motorist to the fact that they are entering a traffic calming area.

Positive Aspects:
• Alert motorists that they are entering traffic calming area.

Negative Aspects:
• Too many signs may become a negative aesthetic impact.

SPECIAL TRAFFIC

COMPLAINT
AREA

VIO ORS

WILL BE
CITED

SANTA CLARA POLICE DEPARTMENT
Neighborhood Traffic Calming Program
Approved 4-27-99

Page 26 ends

. f
-!
l
Speed Limit Signs and Pavement Messages
Level 1
Description: Although all motorists are required to know the prima facie speed limit of 25 mph ·in a residential area, speed limit signs and pavement messages can help remind motorists of the prevailing speed limit that applies to the street .

Positive Aspects:
• Relatively inexpensive to install.
• In conjunction with regular periods of enforcement, can be effective at reducing speeds.

Negative Aspects:
• Effectiveness is dependent on motorist acceptance and amount of enforcement.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 27 ends

I
Speed Radar Trailer
Level 1
Description: The trailer is primarily used as an educational tool. A speed radar trailer reminds motorists of the prevailing speed limit. They · are also capable of measuring vehicle speeds and graphically displaying the speeds of passing vehicles. They are intended to alert motorists to the fact that they may be exceeding the speed limit.

Positive Aspects:
• Vehicle speeds may be reduced at radar trailer location. • An effective educational tool.
• Can be deployed quickly to trouble spot.
• Infonnation reflected in the displayed speeds 9an demonstrate to residents that speeds.may not be as high as perceived.

Negative Aspects:
• Not an enforcement tool.
• May require temporary parking lane closure - temporarily reduces number of parking spaces Neighborhood Traffic Calming Program
Approved 4-27-99

Page 28 ends

Stop Signs
Level 1
Description: Stop signs are intended to assign the right of way at an intersection and are not to indicated be used as a technique to reduce vehicle speeds or volumes by recognized traffic engineering standards.

Positive Aspects:
• Helps pedestrians, bicyclists and motorists at the intersection decide who has the right of way.

Negative Aspects:
• When used under the wrong conditions, the installation can result in increased localized air pollution, "jack-rabbit" starts, speeding in ~etween traffic controls, noise at the controlled intersection, motorist disregard for the sign(s) and motorist contempt for all traffic controls. • Creates a false sense of security for pedestrians, especially children. • When not .warranted, increases unnecessary delays for the approaches. • Frequently not acceptable to residents immediately adjacent to new stop sign locations. • May encourage high mid-block speeds on long blocks.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 29 ends

Striping Narrow Lane
Level 1
Description: Striping is used to create narrow lanes to give the impression of a narrow street that makes the motorist feel somewhat constricted.

Positive Aspects:
• . Changes can be quickly implemented.
• Painted striping can be easily modified.
• Low cost to implement.

Negative Aspects:
• Requires an increase in regular maintenance. _
• There is little evidence that narrow striping will consistently reduce vehicle speeds. - -
Neighborhood Traffic Calming Program
Approved 4-27-99
------ ----[]]§

Page 30 ends

Tum Restriction Signs
Level 1
Description: Signs prohibiting certain turning movements to help mitigate cut-through traffic on neighborhood streets. Convenient and logical route alternatives to the prohibited movement must be provided to ensure the effectiveness of the signs: City Council can establish tum prohibitions during certain times of the day, preferably during commute work hours wllen excessive cut through traffic are likely to occur in neighborhood streets. This arrangement allows residents full accessibility during the other periods of the day.

Positive Aspects:
• Reduces vehicle volume.
• Can divert traffic to adjacent arterial streets.
• No loss of on-street parking.
• Can reduce noise pollution.
• No increase in street maintenance.
• Low cost to implement.

Negative Aspects:
• Success depends on motorist acceptance and on level of enforcement. • Without considering overall traffic circulation in area, this measure may divert traffic to adjacent neighborhood streets.
• Limits neighborhood traffic movement.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 31 ends

NEIGHBORHOOD TRAFFIC CALMING OPTIONS
LEVEL 2
Chicanes
Level 2
Description: Chicanes are artificial blockages on opposite sides of the street to create an S curvature on a naturally straight street. Chicanes require vehicles to meander through the roadway alignment.

Positive Aspects:
• May slow down vehicles.
• Can be very effective in changing the initial impression of the street. • Creates space for landscaping.

Negative Aspects:
• Impedes emergency vehicle, truck and services such as garbage trucks. • Bicyclists may feel "squeezed in" due to narrower roadway. • May require modification or reconstruction of drainage features and other utilities. • May become obstacles for motorists to drive into.
• May require part or all of on-street parking removal. • High installation cost.
• Increased maintenance.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 33 ends

Chokers
Level2
Description: Chokers physically narrow a street either at the intersection, at mid-block or a segment of a street by using curb extensions.

Positive Aspects:
• May reduce speeds by giving motorists the sense oflimited space. • Improves motorist-pedestrian visibility of each other. • Intersection crossing distance for pedestrians is reduced. • Allows signs to be located favorably within motorists line of sight. • Creates space for landscaping.

Negative Aspects:
• Impedes emergency vehicle, truck and other service vehicle access. • Bicyclists may feel "squeezed in" due to narrower roadway. • May require modification or reconstruction of drainage features and other utilities. • May become obstacles for motorists to crash into.
• May require part or all of on-street parking removal. • High installation cost.
• Increased maintenance.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 34 ends

Gateways
Level2
Description: A gateway is a special entrance that reduces width of travel way, often implementing the use of islands. Gateways are not gates. The exact physical design of the gateway treatment will depend on existing conditions.

Positive Aspects:
• May eliminate cut-through traffic.
• Reduces speeds in the immediate vicinity.
• Reduces pedestrian crossing distance.
• Allows signs to be located favorably within motorists line of sight. • May create space for landscaping.
• May create neighborhood identity.

Negative Aspects:
• Impedes emergency vehicle, truck and other service vehicle access. • May .divert traffic to adjacent neighborhood streets. • May become obstacles for motorists to drive into.
• Low speed ofturning vehicles may restrict traffic flow on arterial roadway. • May require part or all of on-street parking removal. • High installation cost.
• Increased maintenance.
'Neighborhood Traffic Calming Program
Approved 4-27-99
t ::· ... . -.......... _ ..
, ... ':. ... - 1 .. '1 • .,,.

Page 35 ends

Nei2hborhood Meetings
Level 2
Description: Neighborhood meetings· allow residents to express their concerns. Meetings are generally held at a time and location convenient for residents to attend. The meetings would be used to identify and clarify the issues of concern.

Positive Aspects:
• Allows all residents to express their views.
• Clearly identifies issues of concerns.
• Establishes clear lines of communication between City staff and residents.

Neighborhood Traffic Calming Program
Approved 4-27-99
r\ V

Page 36 ends

. j
Rumble Strips
Level 2
Description: Rumble strips consist of raised markers ( dots, bars or grooves) installed. within the travel lanes at regular intervals to create noise and vibrations in a vehicle crossing them; Rumble strips are generally not used in residential areas due to the excessive level of noise they produce.

Positive Aspects:
• Reduces vehicle speeds .in first time or minimal users of the street., • The "rumble" heightens safety by alerting drivers to unexpected conditions or notifying drivers to intended action. ·
• Relatively inexpensive to install, remove or modify.
• No loss of on-street parking.

Negative Aspects:
• Produces high level of noise
• Requires high maintenance.
• May not slow down repeat users ofthe street.
• May be objectionable to bicyclists.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 37 ends

LEVEL 3

NEIGHBORHOOD TRAFFIC CALMING OPTIONS
I.
!
Cul-De-Sac
Level 3
Description: A cul-de-sac is a physical barrier of a street at mid-block or at an intersection. Cul de-sacs can be thought of as dead-end streets. Cul-de-sacs can be thought of as dead-end streets.

An adequate tum around is usually not possible. Mountable curbs should be provided to address any delay problems.

Positive Aspects:
• Eliminates through traffic volumes.
• Reduces noise and speeds in the vicinity of the closure. • Improves safety for non-motorized users.
e · Creates space for landscaping.

Negative Aspects:
• Impedes emergency vehicles, trucks and service vehicles such as garbage trucks. • May divert traffic to adjacent neighborhood streets.
• Will need adequate turning radius causing vehicles to back up when turning around. • May require part or all of on-street parking removal. • Drainage may be affected if used as a part of modification project. • High installation cost.
• Increased maintenance.
• An inconvenience for residents.
-. .. . ..

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 39 ends

Diagonal Diverters
Level 3
Description: Diagonal diverters are devices that are placed diagonally across an intersection, creating two unconnected streets.

Positive Aspects:
• Eliminates through traffic.
• Will reduce traffic volumes.
• Improves pedestrian safety.
• Reduces right of way conflicts at intersection.
• Can be designed and installed to provide for emergency vehicle access. • Creates space for landscaping.

Negative Aspects:
• Impedes emergency vehicle routes.
• May divert traffic to adjacent neighborhood streets.
• May become obstacles for motorists to drive into.
• May require part or all of on-street parking removal. • Speed is reduced only in the immediate vicinity of diverter. • High installation cost.
• Increased maintenance.
' . :' . . ~,.,
- . < ,--~~/,<
~ . : I
.. _-.-.: •!_
~· ..

Neighborhood Traffic Calming Program
Approved 4-27-99
Page40
Intersection Channelization
Level 3
Description: Channelization involves the use of raised islands at intersections designed to force traffic to make or prevent certain movements.

Positive Aspects:
• Reduces cut-through traffic.
• Allows signs to be located favorably within motorists line of sight. • Can be designed and installed for emergency vehicle access.

Negative Aspects:
• May divert traffic to adjacent neighborhood ~reets.
• May become obstacles for motorists to drive into.
• May require part or all of on-street parking removal. • . May be violated, particularly in the late evening.
• Turn restri~!ion signs may prove to be effective enough in reducing cut-through traffic. • High installation cost.
• High maintenance cost.
00 0
Neighborhood Traffic Calming Program
Approved 4-27-99
. ..

Page41
Median Barrier
Level 3
Description: Physical barriers (from flexible delineator posts to k-rails or raised islands) are placed at intersections to prevent left turn movement.

Positive Aspects:
• Improves intersection safety by reducing the number of conflicting movements. • Reduces cut-through traffic.
• Allows signs to be located favorably within motorists line of sight.

Negative Aspects:
• Impedes emergency vehicle, truck and other service access. • May divert traffic to adjacent neighborhood streets.
• May become obstacles for motorists to drive into.
• High installation cost.

Neighborhood Traffic Calming Program
Approved 4-27-99
.. ,,7/f il,l~f.i_{Y
,... :·.:;>.-..
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Page42
Neighborhood Meetings
Level3
Description: Neighborhood meetings allow residents to express their concerns. Meetings are generally held at a time and location convenient for residents to attend. The meetings would be used to identify and clarify the issues of concern.

Positive Aspects:-
• Allows all residents to express their views.
• Clearly identifies issues of concerns.
• Establishes clear lines of communication between City staff and residents.

Neighborhood Traffic Calming Program
Approved 4-27-99
00 Page43
Speed Humps
Level 3
Description: Speed humps or undulations are mounds of paving material that extend across the roadway. They generally have a 12-foot base and a gradual rise and fall 2.5 inches to 3.75 inches.

Positive Aspects:
• May reduce speeds.
• May divert traffic to arterial streets.

Negativ~ Aspects:
• Impedes emergency vehicle, truck and other service vehicle access. • May divert traffic to adjacent neighborhood streets.
• May be hazardous to. an injured patient being transported in an ambulance. • Contents of vehicles can be jarred.
• May encourage speeding between humps.
• Increase in noise adjacent to speed hump.
• Speed humps have to be reinstalled each time street is resurfaced. • Increased liability to City.
• High installation cost.

Neighborhood Traffic Calming Program
Approved 4-27-99
Speed Hump Speed Bump

Page 44 ends

Traffic Circles
Level 3
Descripti.on: Traffic circles use raised islands placed at the center of an intersection. The approaches to the intersection are generally controlled by "yield signs." Traffic circles force left turning vehicles to travel around the raised. "Splitter islands" can be used to prevent motorists from going around the circle the·wrong way
Positive Aspects:
• Significantly reduces speeds.
• Cheaper to maintain than traffic signal.
• Provides equal access to intersections for all drivers. • May provide a safe environment for bicyclists_.
• Creates space for landscaping.

Negative Aspects:
• Impedes emergency vehicle, truck and other service vehicle access. • Increases pedestrian hazard by bringing vehicles close to crosswalks and the sidewalks. • May increase congestion in immediate area.
• · May become obstacles for motorists to crash into.
• May increase right of way confusion among new users.
• Right-of-way restrictions may apply.
• May inhibit truck movements.
• Required safety signing may detract from its aesthetic quality. • High installation cost.
• Landscaping will require increased maintenance.

Neighborhood Traffic Calming Program
Approved 4-27-99

Page 45 ends

TRAFFIC INFORMATION

SPEED LIMIT
WHEN WILL A LOWER SPEED LIMIT BE POSTED ON MY STREET?
A common belief is that posting a speed limit will influence drivers to drive at that speed. The facts indicate otherwise.

Research conducted in many parts of this country over a span of several decades has shown that drivers are influenced more by the appearance of the highway itself and the prevailing traffic conditions than by the posted speed limit.

California's Basic Speed Law requires that:
''No person shall drive a vehicle upon a highway· at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property." Speed limits are called prima facie limits, which "on the face of it" are safe and prudent under normal conditions. Certain prima facie limits are estab!ished by law and include the 25 m.p.h. limit in business and residential districts, the 15 m.p.h. limit in alleys, at blind intersections and blind railroad crossing and a part-time 25 m.p.h. limit in school zones when children are going to and from school. These speeds are not always posted but all California motorists are required· to know the basic 15 and 25 mile.per hour speed laws.

Speed limits may be established by local authorities on the basis of traffic engineering surveys.

These surveys include an analysis of roadway conditions, accident records, and the prevailing speed of prudent drivers. If speed limit signs are posted for a lower limit than is needed to. safely meet these conditions, many drivers will simply ignore the signs. At the same time, other drivers will stay within the posted limits. This generally increases the conflicts between faster and slower drivers, reduces the gaps in traffic which could be made safely and increases the difficulty for pedestrians to judge the speed of approaching vehicles. Studies have shown that where uniformity of speed is not maintained, accidents generally increase.

Neighborhood Traffic Calming Program
Approved 4-27-99
Page47

CROSSWALKS
WHEN IS A CROSSWALK UNSAFE?
Apparently, whenever it is painted on the street.

A number of years back, the city of San Diego published some startling results of a very extensive study of the relative safety of marked and unmarked crosswalks. San Diego looked at 400 intersections for five years (without signals or four-way stops) that had a marked crosswalk on one side and an unmarked crosswalk on the other. About two and one half times as many pedestrians used the marked crosswalk, but about six times as many accidents were reported in the marked crosswalks! Long Beach studies pedestrian safety for three years (1972 through 1974) and found eight times as many reported pedestrian accidents at the intersections with marked crosswalks than at those without. One explanation of this apparent contradiction of common sense is the false security pedestrians feel at the marked crosswalk. Two painted lines do not provide protection against an oncoming vehicle and the real burden of safety has to be on the pedestrian to be alert and cautious while crossing any street. A pedestrian can stop in less than three feet, while a vehicle traveling at 25 m.p.h. will require 60 feet and at 35 m.p.h. approximately 100 feet.

The California Vehicle Code says that a crosswalk exists at all intersections . unless pedestrian crossing is prohibited by signs. Some of these crosswalks are marked with painted lines, but most of them are not. Pedestrian crosswalk marking is a method of encouraging pedestrians to use a particular crossing. Such marked crossings may not be as safe as an unmarked crossing at the same location. Therefore, crosswalks should be marked only when necessary for the guidance and the control of pedestrians, to direct them to the safest of several potential routes.

Mid-block crosswalks or crosswalks between intersections are to be avoided because they are unexpected by the motorist. Pedestrians should be encouraged to cross only at intersections so that they are crossing at a location where drivers will have the expectation of pedestrians and other vehicles being around.

Neighborhood Traffic Calming Program
Approved 4-27-99

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BIKE LANES

WHEN ARE WE GOING TO GET SOME BIKEWAYS IN OUR
NEIGHBORHOOD?
Bikeways have raised a lot of interest in the past few years. Some cities have built separate off road bike paths. Many more have painted bike lanes on streets. Others have installed green "Bike Route" signs without the special lanes.

The cost of both building and maintaining bikeways can be a deterrent to many city bike programs. Initial cost can range from a few dollars to paint a lane to a very large amount to build a·separate path including special bridges where needed.

Before plunging into a bikeway program, a city or county should look at the total problem of bicycle operation and safety. Bike lanes and signs alone cannot solve the problem of bicycle accidents; in some places they have increased the problem by giving riders a false sense of security.

An overall bicycle safety program should include: enforcement of traffic laws; bike safety training in the schools at an early age; reminder to wear bike helmets; follow-up training every year in the schools; and involvement of the parents of minor children who violate traffic laws or exhibit dangerous riding habits. The overwhelming cause of bicycle accidents is violation of the RULES OF THE ROAD.

If these recommendations seem to be oriented toward the younger set, there is good reason. Over 70 percent of cyclists involved in accidents were violating a traffic law; over 60 percent were age · 17 or under. It only makes good sense to emphasize the children in training programs, since they are the principal users of bicycles.

The bike program for your community should include three principal points:

1. Education in s::ife riding.

2. Enforcement of rules of the road.

3. Development of well-engineered bike lanes and bike paths.

This will involve the active participation of:

1. The schools.

2. The police or sheriff.

3. The traffic engineers; and, of course, you, the citizen.

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Approved 4-27-99

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"CHILDREN AT PLAY'' SIGNS
WHY WON,T THEY PUT UP "CHILDREN AT PLA y,, SIGNS?
An often heard neighborhood request concerns the posting of generalized warnings signs with "SLOW - CHILDREN AT PLAY" or other similar messages. Parental concern for the safety of children in the street near home, and a misplaced but wide spread public faith in traffic signs to provide protection often prompt these requests.

Although some other states have posted such signs widely in residential areas, no factual evidence has been presented to· document their success in reducing pedestrian accidents, operating speeds or legal liability. Studies have shown that many types of signs. attempting to warn of nonnal conditions in residential areas have failed to achieve the desired safety benefits. If signs encourage parents and children to believe they have an added degree of protection, which the signs do not and cannot provide, a great disservice results.

Because of these serious considerations, California law does not recognize, and Federal Standards discourage, use of "Children at Play" signs. Specific warnings for schools, playgrounds, parks and other recreational facilities are available for use where clearly justified.

Children should not be encouraged to play within the street travelways. The sign has long been rejected since it is a direct and open suggestion that this behavior is acceptable.

Neighborhood Traffic Calming Program
Approved 4-27-99

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STOP SIGNS
WHY DON,T THEY PUT IN MORE STOPS SIGNS?
A stop sign is one of our most valuable and effective control devices when used at the right place · and under the right conditions. It is intended to help drivers and pedestrians at an intersection decide who has the right-of-way.

One common misuse of stop signs is to arbitrarily interrupt through traffic, either by causing it to stop, or by causing such an inconvenience as to force the traffic to use other routes. Where stop signs are installed as "nuisances" or "speed breakers," there is ·a high incidence of intentional violation. In those locations where vehicles do stop, the speed reduction is effective only in the immediate vicinity of the stop sign, and frequently speeds are actually higher between intersections. For these reasons, it should not be·used as a speed control device.

A school crossing may look dangerous for children to use, causing parents to demand a stop sign to halt traffic. Now a vehicle which had been a problem for 3 seconds while approaching and passing the intersection becomes a problem for a much longer period. A situation of indecision is created as to when to cross as a pedestrian or when to start as a motorist. Normal gaps in traffic through which crossing could be made safely no longer exist. An intersection which previously was not busy now looks like a major intersection. It really isn't -- it just looks like it. It doesn't even look safer and it usually isn't.

Most drivers are reasonable and prudent with no intention of maliciously violating traffic; however, when an unreasonable restriction is imposed, it may result in flagrant violations. In such cases, the stop sign can create a false sense of security in a pedestrian and an attitude of contempt in a motorist. These two attitudes can and often do conflict with tragic results.

Well-developed, nationally recognized guidelines help to indicate when such controls become necessary. These guidelines take into consideration, among other things, the probability of vehicles arriving at an intersection at the same time, the length of time traffic must wait to enter and the availability of safe crossing opportunities.

Neighborhood Traffic Calming Program
Approved 4-27-99

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TRAFFIC SIGNALS

DOES SOMEBODY HA VE TO BE KJLLED BEFORE A TRAFFIC SIGNAL WILL BE INSTALLED?
Traffic signals do not always prevent accidents. They are not always an asset to traffic control.

In some instances, total accidents and severe injuries increased after signals were installed.

Usually, in such instances, right angle collisions were reduced by the traffic signals, but the total number of collisions, especially the rear-end type, increased.

There are times when the installation of signals results in an increase in pedestrian accidents.

Many pedestrians feel secure with a painted crosswalk and a red light between them and an approaching vehicle. The motorists; on the other hand, is not always so quick to recognize. these "barriers."
When can a traffic signal be an asset instead of a liability to safety? In order to answer this, traffic engineers have to ask and answer a series of questions:

1. Are there so many cars on both streets that signal controls are necessary to clear up the confusion or relive the congestion?

2. Is the traffic on the mains street so heavy that drivers on the side street will try to cross when it is unsafe?

3. Are there so many pedestrians trying to cross a busy main street that confusing, congested or hazardous conditions result?

4. Are there so many school children trying to cross the street at the same time that they need special controls for their protection? Ifso, is a traffic signal the best solution?

5. Are signals at this location going to help drivers maintain a uniform pace along the route without stopping unnecessarily?

6. Does the collision history indicate that signal controls will reduce the probability of collisions?

7. Do two arterials intersect at this location and will a signal help improve the flow of traffic?

8. Is there a combination of the above conditions which indicates that a signal will be an improvement rather than detriment?
To aid them in answering these questions, engineers compare the existing conditions against nationally accepted minimum guidelines. These guidelines (often called "Warrants") were established from many observations at intersections throughout the country by experienced traffic engineers. Where the guidelines were met, the signals generally were operating effectively with good public compliance. Where the guidelines were not met, public compliance was reduced, and · additional hazards resulted.

A traffic signal that decrease accidents and improves the flow of traffic is an asset to any community. On the other hand, an ill-advised or poorly designed signal can be a source of danger and annoyance to all who use the intersection; pedestrians, bicyclists and drivers alike.

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Approved 4-27-99

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ATTACHMENT 2
Criteria for Installation of Level 2 and 3 Devices
The following criteria must be met for the installation of Level 2and Level 3 devices:

2. The overall pavement shall be no more than one lane of traffic in each direction.

3. The posted. speed or prima facie speed shall be 25 miles per hour or less.

4. Traffic volumes shall be greater than 1,000 and less than 3,500 veJ:ticles per day.

5. The 85th percentile speed shall exceed 33 miles per hour on 25 miles per hour streets.

6. Installation on a primary emergency response route and/or transit route shall NOT be permitted.

8. Installation will not be permitted where substantial diversions of traffic to other local streets may occur, i.e. move the displaced traffic onto adjacent residential streets.

9. Devices shall be located a minimum of 5 feet from driveways, manholes, drain inlet, water valves, street monumentation; and other appurtenance.

10. Devices shall b-e located a minimum of25 feet from fire hydrants.

11. Devices shall be installed only where minimum safe stopping sight distance { as defined in AASHTO' s A Policy of Geometric Design of Streets) can be provided.

12. Emergency response routes (see pages 15 and 16) are not eligible _for installation of Level 3 devices.

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Approved 4-27-99

Page 20 ends

Traffic Calming Programs Comparison
Santa Clara Sunnyvale Mountain View San Jose Palo Alto San Mateo Speed 85th percentile speed
greater than 33 mph

1. 85th percentile speed
greater than 32 mph, or

2. 95th perentile speed
greater than 35 mph
85th percentile speed
greater than 31 mph or
30 mph in a school zone
85th percentile speed 33
mph or more
85th percentile speed 32
mph or greater
85th percentile speed
greater than 7 mph over
the posted speed limit
(32 mph in a 25 mph
area).

Traffic Volume Between 1,000 - 3,500
vehicles per day
More than 1,000 vehicles
per day
No minimum or
maximum, but includes
criteria for cut-through
traffic, "25% or more of
the traffic on the street
is cut-through traffic"
1,000 - 3,000 vehicles
per day
Minimum volume of
1,200 vehicles per day
More than 1,000 vehicles
per day
Speed and Volume Eligibility Criteria for Traffic Calming Measures on Local Residential Streets beyond Enforcement, Signing, Striping, Parking Controls, Speed Radar Feedback Signs
ATTACHMENT 3

I I I I I
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-408 Agenda Date: 3/21/2023

REPORT TO COUNCIL

SUBJECT
Actions to Approve Various Modifications to Existing Classified and Unclassified Class Specifications, and Adopt a Resolution Approving and Adopting the Updated Unclassified Salary Plan

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources

BACKGROUND
Sections 4 and 6 of the Personnel and Salary Resolution require City Council approval of new or revised classifications. The proposed Council action satisfies these applicable requirements.

Various Modifications to Existing Classified Class Specifications The Community Development Department and Fire Department coordinated with the Human Resources Department to modify the Permit Technician (Job Code 621) specification to reflect current job duties. The Police Department coordinated with the Human Resources Department to modify the Jail Service Officer (Job Code 353) to make revisions to align with the Public Safety Non- Sworn Employees Association (Unit 10) Memorandum of Understanding.

These modifications were approved by the Civil Service Commission on March 13, 2023.

Various Modifications to Existing Unclassified Class Specifications Silicon Valley Power (Electric Department) coordinated with the Human Resources Department to modify the Electric Program Manager (Job Code 424) class specification to update the minimum qualifications and job duties to cover all the Electric Program Manager specialty positions that were added by Council on January 25, 2022 and November 15, 2022. The City Manager’s Officer coordinated with the Human Resources Department to modify the Emergency Services Coordinator (Job Code 106) class specification to better describe the duties performed.

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

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

The Unclassified Salary Plan has been updated to reflect the salary range for the Emergency Services Officer. These proposed updates to the Unclassified Salary Plan are recommended to be effective May 1, 2023.

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DISCUSSION
Modifications to the Permit Technician (Job Code 621)
The Community Development Department and Fire Department coordinated with the Human Resources Department to propose revisions to the Permit Technician (Job Code 621). The revisions include administrative revisions to the Class Summary and Distinguishing Characteristics sections.

The Minimum Qualifications and Acceptable Substitution sections have been broadened out in an effort to expand the candidate pool. Possession of an International Code Council (ICC) Permit Technician certification is required to be obtained within one (1) year of appointment. It should be noted, however, that several current incumbents do not possess this certification and will be grandfathered into the existing minimum qualification requirements, unless they are rehired or transferred to another Department. Revisions to the Typical Duties and Knowledge, Skills, & Abilities sections are proposed to accurately reflect the current duties of the job.

Permit Technician (Job Code 621)
- with an annual salary range of $82,275.72- $104,836.68.

The Permit Technician is responsible for processing all building or fire permits, coordinating permitting activities with other departments, and performs related work in the City of Santa Clara Permit Center or Community Risk Reduction Division.

There is no modification to the salary range for this position.

Modifications to the Jail Service Officer (Job Code 353) Class Specification The Police Department coordinated with the Human Resources Department to propose revisions to the Jail Service Officer (Job Code 353) class specification. Revisions include administrative updates to the Class Summary, Distinguishing Characteristics, Supervision Received and Special Conditions sections. Additionally, under Desirable Qualifications the title of the training course was updated.

Under the Other Requirements section, the addition of the required completion of Corrections Academy (currently called the Adult Corrections Officer Core Course) within one (1) year of hire as a condition of employment was updated to align with the terms of the current Unit 10 Memorandum of Understanding (MOU).

Jail Service Officer (Job Code 353)
- with an annual salary range of $87,644.40 - $111,734.52.

This position operates the temporary detention facility, fingerprints and photographs arrestees in the booking process, conducts searches and inventory of property, monitors building security console, maintains detention records and releases prisoners as authorized.

There is no modification to the salary range for this position.

Modifications to the Electric Program Manager (Job Code 424) Class Specification The Human Resources Department coordinated with Silicon Valley Power (Electric Department) to propose modifications to Electric Program Manager (Job Code 424).

The revisions include administrative revisions to the Class Summary and Distinguishing Characteristics sections. Additionally, the Minimum Qualifications were expanded to include City of Santa Clara Printed on 3/16/2023Page 2 of 4
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23-408 Agenda Date: 3/21/2023
minimum requirements for newly added Electric Program Manager positions by Council in 2022. The Typical Duties and Knowledge, Skills, and Abilities sections were updated to remove specialty requirements. Instead, the class specification was broadened out to include duties that may be performed by newly created positions.

Electric Program Manager (Job Code 424)
- with an annual salary range of $175,167.47 -
$226,672.82. Incumbents manage an operational or administrative program or service area in the Electric Utility (Silicon Valley Power). Responsibilities range to include administrative duties, planning, developing, implementing, evaluating, and managing the program or service area. Incumbents supervise staff assigned to a program or service area and serve as the subject matter expert in their assigned specialty.

There is no modification to the salary range for this position.

Modifications to the Emergency Services Coordinator (Job Code 106) Class Specification The Human Resources Department coordinated with City Manager’s Office to propose modifications to the Emergency Services Coordinator (Job Code 106) class specification. During the COVID-19 pandemic, and most recently with the various storms that have impacted the bay area, the duties of this position have evolved. With the recent departure of the former incumbent, and upcoming recruitment of this key position, the Administration has reviewed this classification and is recommending revisions to the classification specification to better align with the duties actually performed, and is recommending revisions to the salary range to be competitive in the bay area.

The revisions include retitling the classification from Emergency Services Coordinator to Emergency Services Officer, and administrative revisions to the Class Summary and Distinguishing Characterizes sections. The Minimum Qualifications and Desirable Qualifications sections were updated to align with the requirements and desirable skills needed for the job, and the Typical Duties and Knowledge, Skills and Abilities sections was updated to better describe the work being performed.

Emergency Services Coordinator (Job Code 106)
- with an annual salary range of
$131,728.32- $170,480.40. This position is responsible for developing, implementing, and maintaining a comprehensive emergency services program for the City of Santa Clara.

It is recommended to change the salary range to $182,340.36 - $235,956.12.

Approval and Adoption of the Unclassified Salary Plan
The Unclassified Salary Plan is recommended to be modified to:

Revise the classification of Emergency Services Coordinator to Emergency Services Officer (Job Code 106) classification - with an annual salary range of approximately $182,340.36 - $235,956.12.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a City of Santa Clara Printed on 3/16/2023Page 3 of 4
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governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact to revise class specifications.

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

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

RECOMMENDATION

1. Approve modifications to the Permit Technician (Job Code 621) Classification Specification;

2. Approved modifications to the Jail Services Office (Job Code 353) Classification Specification;

3. Approve modifications to the Electric Program Manager (Job Code 424) Classification Specification;

4. Approve modifications to the Emergency Services Coordinator (Job Code 106) Classification Specification; and

5. Adopt a Resolution to approve the revised unclassified salary plan to satisfy the requirements of California Code of Regulations Section 570.5.

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

ATTACHMENTS

1. Class Specification (clean), Permit Technician (Job Code 621)

2. Class Specification (track changes), Permit Technician (Job Code 621)

3. Class Specification (clean), Jail Service Officer (Job Code 353)

4. Class Specification (track changes), Jail Service Officer (Job Code 353)

5. Class Specification (clean), Electric Program Manager (Job Code 424)

6. Class Specification (track changes), Electric Program Manager (Job Code 424)

7. Class Specification (clean), Emergency Services Coordinator (Job Code 106)

8. Class Specification (track changes), Emergency Services Coordinator (Job Code 106)

9. Resolution Updated Unclassified Salary Plan (05-1-2023)

10. Unclassified Salary Plan Effective 5-1-2023 (for Council 03-21-2023) City of Santa Clara Printed on 3/16/2023Page 4 of 4
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Rev 03/2023

CITY OF SANTA CLARA, CALIFORNIA

CLASS SPECIFICATION

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TITLE: PERMIT TECHNICIAN (JOB CODE 621)

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Varies Varies Non-Exempt

CLASS SUMMARY
The Permit Technician is responsible for processing all building or fire permits, coordinating permitting activities with other departments, and performs related work in the City of Santa Clara Permit Center or Community Risk Reduction Division. Performs related work as required.

DISTINGUISHING CHARACTERISTIC
The Permit Technician is an entry level classification in the Permit Technician series.

Incumbents work under direct supervision and are expected to follow established procedures and policies in order to perform the job duties. Work is generally reviewed on completion of task.

Incumbents will evaluate situations, identify problems, and exercise sound independent judgment within established guidelines. This classification is distinguished from the Senior Permit Technician classification in that the latter possess journey level knowledge and experience required to perform the more complex work assigned to the series and acts as a lead to Permit Technicians.

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
• Graduation from high school or possession of a G.E.D.; AND • One (1) of the following experience patterns:
o Two (2) years of increasingly responsible office experience that involves extensive public contact in fire, planning, building, engineering, architecture, building construction trades, or related field; or
o One (1) year of permit technician experience in a City or County Fire, Building, or Community Development Department.

ACCEPTABLE SUBSTITUTION:
• Completion of 30-semester units/90 quarter units of college education from an accredited college or university, may be substituted for one (1) year of the required two (2) years of the required experience.

LICENSE AND/OR CERTIFICATES
• Possession of an appropriate, valid Class C California driver's license is required at time of appointment.
• Possession of an International Code Council (ICC) Permit Technician certification is required to be obtained and maintained within one (1) year of appointment.

OTHER REQUIREMENTS
Must be able to perform all the essential functions of the job assignment.

PERMIT TECHNICIAN (621)

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TYPICAL DUTIES
This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.

Under direct supervision:
• Performs clerical and public counter work and customer service related to the City's development process;
• Provides information to the public regarding City regulations, procedures, and policies; • Reviews and prepares various plan checks for express plan review, permit applications, materials, documents, and plan submittals for permits and verifies accuracy, completeness, and compliance with pertinent laws and City guidelines; • Assists applicants in completing the permit application process; • Responds to customers about permit inquiries and may serve as a liaison to developers or contractors in order to provide status updates on applications; • Calculates review, inspection, permit, and related fees, and collects funds and issues receipts; • Issues construction and/or operational permits;
• Performs computer data entry, data organization, and records access retrieval; • Maintains logs and records of permits issued;
• Performs simple plan checks and prepares plan checks for review; • Distributes, coordinates, monitors, tracks, and files construction documents and permits for utilizing data management systems;
• Researches files and databases regarding prior actions, decisions, development activities, and other information as required;
• Verifies zoning, geologic hazard, environmental contamination, flood zone, historic, and other status of permit sites;
• May assist in preparing reports, including but not limited to revenue and workflow reporting; • May assist in recommending process or procedural improvements; • Coordinates workflow with other City departments and outside agencies; and • Performs other related duties as assigned.

KNOWLEDGE, SKILLS, AND ABILITIES

Knowledge of:
• Building, Fire, and/or environmental Codes and regulations, maps, reading/reviewing construction plans and specifications, terminology and processes; • Database and records management practices and procedures; • Procedures associated with construction and operational permits; and • Policies and procedures of fee assessment.

Ability to:
• Read, understand, apply, and explain basic laws, City ordinances, regulations, and procedures that are routine in nature;
• Analyze and resolve specific applications, plan review, and permit inquiries; • Deal effectively with customers and staff and use basic principles and techniques of customer service;
PERMIT TECHNICIAN (621)

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• Actively participate in process improvement changes to streamline procedures and processes; • Assist in providing technical training to departmental staff; • Read and interpret construction plans and specifications; • Make accurate mathematical calculations regarding fees; • Perform accurate data entry;
• Operate variety office equipment and use City systems and applications, including Microsoft Office Suite and other applicable City databases;
• Handle multiple priorities, organize workload, and meet strict deadlines; • Evaluate situations, identify problems, and exercise sound independent judgment within established guidelines
• Communicate clearly and effectively orally and in writing; • Work in a team-based environment to achieve common goals; • Work effectively with the public, developers, consultants, and other City staff; and • Bend, stoop, reach, carry, climb, and lift as necessary to perform assigned duties.

SUPERVISION RECEIVED
Works under the supervision of the Permit Center Manager, Senior Plans Examiner, Plans Examiner, Senior Permit Technician, or other staff as assigned.

SUPERVISION EXERCISED
• May assist in the training of new and as-needed personnel as assigned. • May act as a lead over Customer Service Representatives – Permit Center, office support, or as-needed personnel as assigned.

OTHER REQUIREMENTS
Must be able to perform all the essential functions of the job assignment.

CLASSIFICATION HISTORY
Established 05/2008; Rev. 11/2019; Rev. 03/2023
ApprovedRev 03/2023 November 2019

CITY OF SANTA CLARA, CALIFORNIA

CLASS SPECIFICATION

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TITLE: PERMIT TECHNICIAN (JOB CODE 621)

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Varies Varies Non-Exempt

DescriptionCLASS SUMMARY
The Permit Technician is responsible for processes processing all building or fire permits, coordinatinges permitting activities with other departments, and performs related work in the City of Santa Clara Permit Center or Community Risk Reduction Division. Performs related work as required.

DISTINGUISHING CHARACTERISTIC
The Permit Technician is an entry level classification in the Permit Technician series.

Incumbents work under direct supervision and are expected to follow established procedures and policies in order to perform the job duties. Work is generally reviewed on completion of task.

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
• Graduation from high school or possession of a G.E.D. and AND • One (1) of the following experience patterns:
o Three (3)Two (2) years of increasingly responsible office experience that involves extensive public contact in fire, planning, building zoning, engineering, architecture, or building construction trades, or related field; or
o One (1) year of permit technician experience in a City or County Fire, Building, or Community Development Department.

ACCEPTABLE SUBSTITUTIONS: Possible Substitutions:
• Completion of 30-semester units/90 quarter units of college education from an accredited college or university, including courses in drafting, mathmatics, statistics, economics, and related coursees may be substituted for one (1) year of the required three two (2) years of the required experience.

PERMIT TECHNICIAN (621)

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OTHER REQUIREMENTS
Must be able to perform all the essential functions of the job assignment.

TYPICAL DUTIES
This description Each position in this classification may not include all the duties listed below, nor do the examples cover all duties that may be performed.

Under direct supervision:
• Performs clerical and public counter work and customer service related to the City's development process;
• Provides information to the public regarding City regulations, procedures, and policies; • Reviews and prepares various plan checks for express plan review, permit applications, materials, documents, and plan submittals for permits to assureand verifies accuracy, completeness, and compliance with pertinent laws and City guidelines; • Assists applicants in completing the permit application process; • Responds to customers about permit inquiries and may serve as a liaison to developers or contractors in order to provide status updates on applications; • Calculates review, inspection, permit, and related fees, and collects funds and issues receipts; permit fees;
• Issues construction and/or operational permits;
• Performs computer data entry, data organization, and records access retrieval; • Maintains logs and records of permits issued;
• Performs simple plan checks and prepares plan checks for review; • Distributes, coordinates, monitors, tracks and files construction documents and permits for utilizing data management systems; plans for plan checking; • Researches files and databases regarding prior actions, decisions, development activities, and other information as required; Conducts research on past and current file activity; • Verifies zoning, geologic hazard, environmental contamination, flood zone, historic, and other status of permit sites;
• May assist in preparing reports, including but not limited to revenue and workflow reporting; • May assist in recommending process or procedural improvements; • Coordinates action and workflow with other City departments and outside agencies; and • Performs other related duties, as assigned.

KNOWLEDGE, SKILLS, AND ABILITIES
Knowledge of:
• Building, Fire, and/or environmental Codes and regulations, maps, reading/reviewing construction plans and, and specifications, terminology and processes; • Database and records management practices and procedures;. • Procedures associated with construction and operational permits; and • Policies and procedures of fee assessment.

Ability to:
• Read, understand, apply, and explain basic laws, City ordinances, regulations, and procedures that are routine in nature;
PERMIT TECHNICIAN (621)

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• Analyze and resolve specific applications, plan review, and permit inquiries; • Deal effectively with customers and staff and use basic principles and techniques of customer service;
• Actively participate in process improvement changes to streamline procedures and processes; • Assist in providing technical training to departmental staff; • Read and interpret construction plans and specificationsblueprints.; • Make accurate mathematical calculations regarding fees; • Operate a variety of standard office equipment, including a computer, fax machine, telephone, and copier;
• Comprehend and implement office automation concepts;
• Perform accurate data entry;
• Operate variety office equipment and uUse City systems and applications, including Microsoft Suite word processing and other application City databases applications (e.g., Word, Access, Excel);;
• Handle multiple priorities, organize workload, and meet strict deadlines; • Evaluate situations, identify problems, and exercise sound independent judgment within established guidelines;;
• Communicate clearly and effectively orally and in writing; • Work in a team-based environment to achieve common goals; • Work effectively with the public, developers, consultants, and other City staff; and • Bend, stoop, reach, carry, climb, and lift as necessary to perform assigned duties.

SUPERVISION RECEIVED
Works under the supervision of the Permit Center Manager, Senior Plans Examiner, Plans Examiner, Senior Permit Technician, or other staff as assigned.

OTHER REQUIREMENTS
Must be able to perform all of the essential functions of the job assignment.

CLASSIFICATION HISTORY
Established 05/2008; Rev. 11/2019; Rev. 03/2023
Rev. 03/2023

CITY OF SANTA CLARA, CALIFORNIA

CLASS SPECIFICATION

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TITLE: JAIL SERVICE OFFICER (353)

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Police Various Non-Exempt

CLASS SUMMARY
Operates the temporary detention facility, fingerprints and photographs arrestees in the booking process, conducts searches and inventory of property, monitors building security console, maintains detention records and releases prisoners as authorized. Performs related duties as assigned.

DISTINGUISHING CHARACTERISTICS
This is a stand-alone non-sworn classification and is distinguished from sworn classifications in that the incumbent is focused on proactive security procedures and processes involved in operating the department’s temporary holding facility. Incumbents work under general direction and are expected to follow set procedures and work patterns in alignment with Department Standard Operating Procedures.

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
• Graduation from high school or possession of a G.E.D., and • Three (3) years’ experience requiring considerable contact with the general public.

ACCEPTABLE SUBSTITUTION
None.

LICENSES/CERTIFICATIONS
Possession of a valid California Class C driver's license is required at time of appointment.

DESIRABLE QUALIFICATIONS
• Working within a law enforcement agency, related agency, or the U.S. Armed Forces, OR
• Completion of the Corrections Academy (Adult Corrections Officer Core Course) training approved by the California State Board of Corrections.

OTHER REQUIREMENTS
• All candidates will be required to pass a City background investigation, which will include fingerprinting, polygraph and psychological examinations. • Incumbents will be required to pass various state and county tests that may include CJIC/2 and DOJ/NCIC.
• Successful completion of training to comply with California Code of Regulations §T15- 1024 as it pertains to supervising inmates in a temporary holding facility is required within twelve (12) months of appointment.
• Any employee hired or rehired on or after January 1, 2023 will be required to complete JAIL SERVICE OFFICER (353)

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the Corrections Academy (Adult Corrections Officer Core Course) within one (1) year of hire as a condition of employment.
• Must be able to perform all of the essential functions of the job assignment.

TYPICAL DUTIES

This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.

Under general direction, the incumbent:
• Operates the department's temporary detention facility. • Fingerprints and photographs arrested persons during the booking process. • Conducts searches and inventories property, such searches may involve feeling and detecting objects, bending, crouching or stooping.
• Exercises physical control over violent and uncooperative individuals. • Monitors building security console, coordinates response to internal security situations. • Monitors all movement of individuals entering or departing the detention facility. • Engages in activities in confined areas, works various shifts. • Exercises independent judgment.
• Processes and releases prisoners.
• Inspects unclothed persons.
• May be exposed to bodily fluids and wastes.
• May encounter diseased persons.
• Subdues resisting individuals by using maneuvers and/or resorting to the use of hands and feet and other approved devices in self defense.
• Breaks up fights and skirmishes.
• Maintains detention records.
• Inspects detention facility for cleanliness and proper order. • Receives bail monies.
• Releases prisoners when and as authorized and completes related records. • Observes prisoners for medical symptoms and initiates action for medical care when necessary.
• Operates standard office machines, computer equipment and various software programs. • Accurately enters information into various computer databases, including Livescan. • Prepares forms and reports as required.
• Keeps and completes a variety of records and reports. • Performs routine clerical duties.
• Enters and receives a variety of information from law enforcement computer information networks.
• Assists the Desk Officer with tasks, including: taking telephone reports, giving information and directions to the general public, contacting the public at the front desk and handling their requests, preparing various crime reports, signing-off 40610 CVC citations.
• Operates a two-way portable radio, and
• Performs other related duties as required.

JAIL SERVICE OFFICER (353)

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KNOWLEDGE, SKILLS, & ABILITIES

Knowledge of:
• Project and workload planning
• Environmental and safety practices, procedures and standards

Ability to:
• Understand and execute oral and written instructions
• Be courteous but firm in maintaining effective communication with the public and arrested persons;
• Read and understand laws, ordinances, departmental policies, rules, and instructions; • Cope with hostile and aggressive behaviors;
• React calmly to the stress of emergencies;
• Work effectively in seeking the cooperation of individuals from a variety of backgrounds; • Learn first aid and cardiopulmonary resuscitation;
• Work effectively in time-sensitive situations and meet deadlines; • Coordinate multiple projects and complex tasks simultaneously; • Verbally communicate clearly and effectively both verbally and in writing with both internal City Staff and the general public by using correct English grammar, spelling and punctuation;
• Deal tactfully and courteously with others;
• Establish and maintain effective working relationships with those contacted in the course of work;
• Work in a team-based environment and achieve common goals; • Perform tasks without being told, working in the interest of the City, a self starter; • Maintain composure and work accurately in emergency situations; • Work in a highly structured, rank organized environment where all communications are recorded or documented and reviewed as public record;
• Think and reason logically, especially in pressure situations; • Evaluate alternative courses of action and make sound decisions in a timely manner; • Extract information through oral questioning;
• Obtain certification as an intoxilyzer operator;
• Think and act quickly in emergencies;
• Assess situations and people;
• Learn, demonstrate, and apply various self-defense techniques; • Endure verbal and mental abuse when confronted with the hostile views and opinions of prisoners and other people encountered in an antagonistic environment; • Engage in physically strenuous activities, including: using physical techniques to control persons, pushing or shoving persons to defend self, wrestling people to the ground, breaking up fights between people, operating fire extinguishers or other fire equipment; • Make independent decisions; and
• Bend, stoop, reach, carry, crawl, climb and lift as necessary to perform assigned duties.

SUPERVISION RECEIVED
JAIL SERVICE OFFICER (353)

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• Works under the general direction of a Police Sergeant, Lieutenant, or Watch Commander

SUPERVISION EXERCISED
None.

SPECIAL CONDITIONS
• Incumbents must have the ability to work, as assigned, on schedules that may include weekends, holidays, non-traditional work hours; and work overtime as required. • May be considered to be on-call for emergency response at all times while on duty, including during lunch and break periods.

CLASSIFICATION HISTORY
Established: 9/2007; Rev: 9/2016 Rev. 3/2023
Rev. 03/2023

CITY OF SANTA CLARA, CALIFORNIA

CLASS SPECIFICATION

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TITLE: JAIL SERVICE OFFICER (353)

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Police Various Non-Exempt

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
• Graduation from high school or possession of a G.E.D., and • Three (3) years experienceyears’ experience requiring considerable contact with the general public.

ACCEPTABLE SUBSTITUTION
None.

LICENSES/CERTIFICATIONS
Possession of a valid California Class C driver's license is required at time of appointment.

DESIRABLE QUALIFICATIONS
• Working within a law enforcement agency, related agency, or the U.S. Armed Forces, OR
• Completion of the Corrections Academy (Adult Corrections Officer Core Course) Correctional Officer training approved by the California State Board of Corrections.

JAIL SERVICE OFFICER (353)

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• Any employee hired or rehired on or after January 1, 2023 will be required to complete the Corrections Academy (Adult Corrections Officer Core Course) within one (1) year of hire as a condition of employment.
• Must be able to perform all of the essential functions of the job assignment.

TYPICAL DUTIES

This description may not include all the duties listed below, nor do the examples cover all duties that may be performed.

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• Performs other related duties as required.

KNOWLEDGE, SKILLS, & ABILITIES

Knowledge of:
• Project and workload planning
• Environmental and safety practices, procedures and standards

JAIL SERVICE OFFICER (353)

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SUPERVISION RECEIVED
• Works under the general directionsupervision of a Police Sergeant , Lieutenant, or Watch Commander or civilian Police Records Supervisor.

SUPERVISION EXERCISED
None.

SPECIAL CONDITIONS
• Incumbents must have the ability to work, as assigned, on schedules that may include Saturdays, Sundays, weekends, holidays, non-traditional work hours; and a willingness to work overtime as required.
• May be considered to be on-call for emergency response at all times while on duty, including during lunch and break periods.

CLASSIFICATION HISTORY
Established: 9/2007; Rev: 9/2016 Rev. 3/2023
Rev. 03/2023

CITY OF SANTA CLARA, CALIFORNIA

CLASS SPECIFICATION

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TITLE: ELECTRIC PROGRAM MANAGER (JOB CODE 424)

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Electric Varies Exempt

CLASS SUMMARY
Under general direction, incumbents manage an operational or administrative program or service area in the Electric Utility (Silicon Valley Power). Responsibilities range to include administrative duties, planning, developing, implementing, evaluating, and managing the program or service area. Incumbents supervise staff assigned to a program or service area and serve as the subject matter expert in their assigned specialty. Performs related work as assigned.

As a member of the City's Unclassified Service, this is an "at-will" position and the incumbent serves at the discretion of the City Manager. An incumbent in this classification demonstrates strong ethical, professional, and service-oriented leadership and interpersonal skills; sets a good example; and correctly applies the tenets of the City's Code of Ethics and values.

DISTINGUISHING CHARACTERISTICS
The Electric Program Ma nager is a management classific ation, that has responsibility for overseeing a primary operational or administrative program within the Department. Incumbents typically are responsible for supervising subordinate supervisors and may manage external contracts assigned to the program or service area. Incumbents may have influence on administrative direction in assigned specialty. The Electric Program Manager is distinguished from Electric Division Manager in that the latter has responsibility for multiple operational or core service functions of a department . The Electric Program Manager is distinguished from subordinate supervisory staff in that the lat ter has responsibility to oversee a professional and administrative staff, generally are assigned to projects or programs with lesser responsibility in terms of costs, resources, and impact to organization, and assigned to less complex assignments.

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
• Education and experience equivalent to graduation from an accredited college or university with a Bachelor's Degree in Engineering, Economics, Public or Business Administration, Environmental Sciences, Finance or a closely-related field; AND • Three (3) years experience leading, supervising, managing, and coordinating customer related programs, project management, building facilities management, or writing, developing or administering safety or environmental compliance standards; OR • Generation/Substation/Transmission and Distribution/System Operations Specialties:

Three (3) years of experience in a lead, supervisory, or senior role performing work, including but not limited to a Supervisor, Engineer, Manager, Lead Technician, or Foreperson,

ACCEPTABLE SUBSTITUTION
• For Generation/Substation/Transmission and Distribution/System Operations Specialties:
additional years of experience in a role equivalent to, but not limited to a Control Room ELECTRIC PROGRAM MANAGER (JOB CODE 424)

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City Council and Authorities ConcurrentMarch 21, 2023

City Council and Authorities Concurrent
March 21, 2023