Agenda packet — City Council and Authorities Concurrent, September 12, 2023 (part 2 of 2)

Rev No. 04-1
conditions of this Agreement. From the date of receipt, Licensee agrees to use reasonable effort to protect the Software and Related Materials from unauthorized use, reproduction, distribution or publication. M&M recognizes that Licensee is a public agency, and may be subject to disclosure requirements under federal and state law.
b. License Management. M&M employs a License Manager to limit use of the licensed Software to specific computer networks and/or computer systems. As each configuration of computer networks and/or computer systems may be unique, Licensee agrees to conform its use of the Software to the Licensed Configuration. The Licensed Configuration is incorporated herein by this reference, inclusive of any written modifications approved by M&M. Licensee is required to update its Licensed Configuration to reflect current use of Software for license management purposes.

ARTICLE 3

COPYRIGHT
The Software and Related Materials are owned by M&M and are protected by United States copyright laws and applicable international treaties and/or conventions. Licensee agrees not to export the Software and Related Materials into a country that does not have copyright laws that will protect M&M's proprietary rights.

ARTICLE 4

SCOPE OF USE
a. Permitted Uses. The license grant permits the Licensee to do only each of the following:
• Licensee may install the Software onto the computer systems designated by the Licensed Configuration.
• Licensee may use the Software and Related Materials for its internal business and commercial operations only.
• Licensee may access and use any secure M&M Web site resources made available to Licensee for Licensee's internal use only, provided that Licensee follows M&M's terms of use policy specified therein. All password or controlled access information provided by M&M shall be treated as M&M confidential information. • Licensee may make only one copy of the Software for archival purposes unless the right to make additional copies is granted to Licensee in writing by M&M. b. Uses Not Permitted. The Licensee has no rights to:

Miner and Mirier Software License Agreement
Miner & Miner
2005-204; SVP
October 2005
Page2
Rev No. 04-1
• Licensee may not sell, rent, lease, sublicense, lend, time-share or transfer, in whole or in part, or provide unlicensed Third Parties access to prior or present versions of the Software and Related Materials, any updates, or Licensee's rights under this Agreement. • Licensee may not reverse engineer, decompile or disassemble the Software, or make any attempt to unlock or bypass the License Manager software program used. • Licensee may not alter, modify or create any derivative works of the Software and Related Materials.
• Licensee may not make additional copies of the Software and Related Materials. • Licensee may not remove or obscure any copyright or trademark notices from the Software or Related Materials.
c. Use By Contractors: A contractor of Licensee ("Contractor"), may be permitted to use one or more of the licenses for the Software under the following terms and conditions. • The term Contractor refers to a person, not an employee of Licensee, which is contracted by Licensee and authorized to perform construction or other work on Licensee's behalf.

No Contractor shall be an organization engaged in the development, licensing or implementation of a GIS design tool software product unless express written consent is obtained in advance from M&M.
• No licensing rights will be provided to the Contractor. The license will remain licensed to the Licensee. When its Contractors use the Software, Licensee will be responsible for ensuring the use of the Software in accordance with the terms of this Agreement. • Any Contractor permitted to use the Software by Licensee will use the Software only to perform work on behalf of Licensee. The Software may not be used by the Contractor to perform work for any other Licensee.
• Licensee will advise each Contractor in writing of the terms of use of Software. Each Contractor will acknowledge in writing that it understands and will abide by those terms. • Licensee will require each Contractor to execute a nondisclosure agreement with Licensee in which the Contractor agrees to protect the Software from disclosure to third parties other than the Contractor and its employees.
• Licensee will keep a written record of which Contractors are using the Software. M&M may audit these records upon request, provided that such audits may not unreasonably interfere with Licensee's business and shall occur only during Licensee's normal hours of operation.

Miner and Miner Software License Agreement
Miner & Miner
2005-204; SVP
October 2005
Page3
Rev No. 04-1
If a Contractor that is using the Software ceases to perform work for Licensee, then Licensee will ensure that either (a) the Software and any Related Materials that have been provided to the Contractor are returned to Licensee, or (b) the Contractor certifies in writing that it has destroyed all copies of the Software and any Related Materials that have been provided to the Contractor.

Such limits shall apply to use of either a portion of or the entire Software or Related Materials.

ARTICLE 5
TERM
The license granted by this Agreement is for a term of three (3) years, which will be automatically renewed for subsequent three (3) year terms at no additional cost to Licensee, subject to M&M's then current licensing policies. The right to use the Software and Related Materials may be automatically terminated by M&M without notice and without refund if Licensee fails to comply with any provision of this Agreement or contributes to any infringement of any proprietary rights in the Software or Related Materials. Licensee will upon any termination uninstall and return to M&M the Software, Related Materials, and any whole or partial copies, codes, modifications, and merged portions in any form. The parties hereby agree that all provisions, which operate to protect the rights of M&M, shall remain in force should any termination occur.

ARTICLE 6

ASSIGNMENT
Licensee shall not assign this contract or Licensee's rights hereunder without the prior written consent of M&M. Any purported assignment without such consent shall be null and void.

ARTICLE 7

MERGER OR ACQUISITION
Should Licensee acquire, be acquired by, or merge with another business entity after the date of execution of this License, Licensee shall notify M&M in writing within a reasonable time.

Successor shall be subject to the terms of this License or must stop use and return all Software and Related Materials. A separate License (or an Addendum to this License) may be required covering any additional licenses required because of the merger or acquisition. Licensee will be responsible to update its Licensed Configuration to reflect current use of Software for license management purposes.

Miner and Miner Software license Agreement
Miner & Miner
2005-204; SVP
October 2005
Page4
Rev No. 04-1
ARTICLE 8

LIMITED WARRANTY AND DISCLAIMER
a. Limited Warranty. M&M warrants that the unaltered Software and media will substantially conform to the Related Materials and will be free from defects in materials and workmanship for a period of three (3) months from the date of installation under normal use. b. General Disclaimer. EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE,

M&M DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND RELATED MATERIALS.
c. Exclusive Remedy. During the warranty period, M&M's entire liability and Licensee's exclusive remedy shall be, at M&M's option, to attempt to correct or work around errors, to replace the Software and Related Materials in accordance with the M&M Maintenance and Support Policy, or to return the license fees paid and terminate the Agreement upon the Licensee uninstalling and returning the Software and Related Materials to M&M with a copy of Licensee's receipt.

ARTICLE 9

SOFTWARE MAINTENANCE
M&M offers a one-year complimentary maintenance period that begins seven days from the date of product shipment. Software maintenance and support beyond the complimentary period is available at the option of Licensee as specified in M&M's Software Maintenance and Support Policy (please see www.miner.com/support/index.shtml for specific terms of reference.) Software maintenance and support, whether during the complimentary maintenance period or during another time period covered under a paid maintenance period, consists of Software, and/or Related Materials updates and access to technical support and other benefits specified in the most current applicable M&M Maintenance Support Services Policy.

ARTICLE 10

LIMITATION OF LIABILITY
a. Disclaimer of Certain Types of General Liability. M&M SHALL IN NO EVENT BE

LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN

CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY

INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT

OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE, OR RELATED

MATERIALS, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT M&M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. b. Limitation of Liability. IN NO EVENT SHALL M&M'S TOTAL CUMULATIVE

LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND,

INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE),

STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR

OTHERWISE, EXCEED THE AMOUNTS PAID TO M&M BY LICENSEE FOR SOFTWARE AND/OR RELATED MATERIALS PURSUANT TO THIS AGREEMENT.

ARTICLE 11

INDEMNITY AGAINST INFRINGEMENT
a. Indemnification. M&M, at its own expense, shall defend and indemnify Licensee from all claims that the Software and Related Materials furnished under this Agreement infringe a U. S.

Copyright, provided that Licensee gives M&M prompt written notice of such claims and permits M&M the sole right to control the defense of all such claims and provides M&M all reasonable cooperation.
b. Remedies. As to any Software and Related Materials that are or in the opinion of M&M may become subject to a claim of infringement, M&M, at its option, will obtain the right for Licensee to continue using the Software and Related Materials or replace or modify the Software and Related Materials so as to make them non-infringing. If neither of such alternatives is commercially practical, the infringing items shall be returned to M&M and M&M's sole liability shall be to refund license fees paid by Licensee prorated over a five (5) year period. c. Alterations by Licensee. If Licensee extends, alters, modifies, or creates any derivative works of the Software and Related Materials or breaches this Agreement in any way, M&M will not indemnify nor defend Licensee from any infringement claim resulting from any of these modifications or alterations. Licensee, at its own expense, shall defend and indemnify M&M from all claims, damages, legal fees, and costs of whatsoever kind or nature arising out of any infringement in connection with Licensees performance of such modification or alteration to the Software and Related Materials.

THIS SECTION STATES M&M'S ENTIRE OBLIGATION TO LICENSEE AND LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR COPYRIGHT INFRINGEMENT.

ARTICLE 12

GENERAL PROVISIONS
a. Export Regulations: Licensee acknowledges that this Agreement and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders relating to the export of computer software or know-how relating thereto. M&M Software and Related Materials may be Technical Data under United States export laws. Licensee agrees to comply with all laws, regulations, and orders of the United States in regard to any export of such Technical Data. Licensee agrees not to disclose or re-export any Technical Data received under this Agreement in or to any countries for which the United States government requires an Miner and Miner Software License Agreement
Miner & Miner
2005-204; SVP
October 2005
Page6
Rev No. 04-1
export license or other supporting documentation at the time of export or transfer, unless Licensee has obtained prior written authorization from M&M and the U. S. Office of Export Control.
b. Additional Software Licenses: Additional M&M software licenses will be governed by this Agreement and may be ordered without signed amendments to this Agreement. c. Severability: If any provision or portion of a provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall not be affected, and the remaining terms will continue in effect and be binding on the Parties, provided that such holding of invalidity or unenforceability does not materially affect the essence of the Agreement. d. No Implied Waivers: No failure or delay by M&M in enforcing any right or remedy under this Agreement shall be construed as a waiver of any future or other exercise of such right or remedy by M&M.
e. Order of Precedence: Any conflict between the terms of this License Agreement and any Purchase Order or other terms shall be resolved in favor of the terms of this License Agreement. f. Governing Law: This Agreement, entered into in the County of Weld, shall be construed and enforced in accordance with, and be governed by, the laws of the State of Colorado without reference to conflict of laws principles. The parties hereby consent to the personal jurisdiction of the courts of this county and waive their rights to change venue. g. Entire Agreement and Amendments: This Agreement and the Attachments, which are incorporated by reference, constitute the sole and entire agreement of the parties as to the matter set forth herein and supersede any previous agreements, understandings, and arrangements between the parties relating hereto. Except as otherwise expressly provided herein, any Amendments to this Agreement must be in writing and signed by an authorized representative of each party. The attachments are as follows:

Exhibit 1 — Registered Client Information
Exhibit 2 - Reserved for Future Use
Remainder of Page Intentionally Left Blank
Miner and Miner Software License Agreement
Miner & Miner
2005-204; SVP
October 2005

Page 7 ends

Rev No. 04-1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective, valid, and binding upon the parties as of the date below as executed by their duly authorized representatives.

Miner and Miner Software license Agreement
ACCEPTED AND AGREED:

SILICON VALLEY POWER
(Licensee)
,,.'_ ~ Title: ~ q_ vYJ a,..,n...a 1 e.-::C:

Date: e7e-t, di ~005
J
Miner & Miner
2005-204; SVP
October 2005
By: -----------
Authorized Signature
Printed,.Name: ~ ~
Title: )me<l1>1>- t>{ ~11.,v(
Date: ¢tro&o-- ,1, 1!Jo'1

Page 8 ends

Rev No. 04-1
C
Addendum 1
Telvent USA LLC Software License Agreement
Contract No. 2005-204
Pursuant to the Software License Agreement No. 2015-204 (Agreement) between The City of Santa Clara, California (Licensee) and Telvent USA LLC f/k/a Miner and Miner, Consulting Engineering, Inc. (Telvent), the parties now wish to modify the Agreement to add an Enterprise License Addendum ("ELA") for the specific Telvent Software as detailed below. Conflicts that may arise between this Addendum 1 and the Agreement shall be resolved in favor of this Addendum 1.

This Addendum shall only apply to Licensee and Licensee Affiliates described below. The Licensee Affiliates for whom this Addendum shall apply are:
• None
Should Licensee wish to include additional affiliates and/or subsidiaries in this Addendum for use of the ELA software, additional fees may apply.

The Telvent products to which Licensee shall have access to during the term of this Addendum 1 are as follows:
• ArcFM
• ArcFM Viewer
• Designer
• Conduit Manager
• Fiber Manager
• ArcFM Viewer with Redliner
• ArcFM Viewer with Inspector
• ArcFM Server Standard (Production)
• ArcFM Server Standard (Staging)
• ArcFM Server Development
• ArcFM Geodatabase Manager
• Responder for Electric*
During the term of the ELA, Licensee shall have access to an unlimited number of the ELA software products listed above. Any misuse of the ELA software shall constitute a material breach of the Agreement.
* Use of Responder is limited to the normal electric only outage management and operational tasks for which it is intended
TelventUSA
Contract 2005-204; SVP
Jan2013

Page 1 ends

Rev No. 07-1
Te/vent USA LLC
Term and Renewal
This ELA shall have an effective date of ttf f .. , c 2,J. 2i1 t.?and shall continue in effect for a period of three years from the effective date. Should Licensee wish to renew the ELA for an additional three year term, the price of the additional three year term will be negotiated by the parties prior to the expiration of this Addendum.

Should Licensee choose not to renew the ELA, the ELA Software shall roll over to a per seat basis at the end of the ELA term. Licensee may pay Telvent the standard annual maintenance and support price for each seat of the ELA Software it wishes to continue using. The number of seats Licensee will be entitled to continue using will be established based on the seats of ELA software in use at the expiration of the ELA.

Termination
This ELA may not be terminated by either party for convenience. Should Licensee wish to discontinue use of the ELA software prior to the expiration of the three year term, Licensee will be obligated to continue its payment obligations as set forth below.

Either party may terminate this ELA for a material breach of the Agreement by the other party.

Upon termination by Telvent for a material breach, all ELA software licenses shall be terminated and the full amount of the unpaid total ELA license fees will be due and payable by Licensee within thirty (30) days from the date of termination.

Pricing and Payment
The initial ELA shall be priced as follows.

These prices are quoted in United States Dollars and are exclusive of all taxes, duties, and fees.

Furthermore, the prices set forth in the ELA do not include any ESRI software.

The Year 1 payment will be due within 30 days of contract signature. Payments for Years 2 and 3 will be due within 30 days of the anniversary date of the contract.

Maintenance and Support
Maintenance and Support for the ELA software for is included with the ELA price and shall be performed in accordance with Telvent's Maintenance and Support Policy, except as amended herein.

TelventUSA
2005-204; SVP
Jan 2013
Page2
Rev No. 07-1
Te/vent USA LLC
Licensee has established an internal Tier-structured support center to field calls from internal users of Telvent software. The organization may designate up to three individuals ("Tier 1 Support") who may directly contact Telvent for technical support. ■ Tier 1 and Tier 2 Support Provided by Licensee
(1) Tier 1 support shall use analysts fully trained in the Enterprise Software they are supporting.
(2) At a minimum, Tier 1 Support shall include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures.
(3) Tier 1 support analysts shall be the initial points of contact for internal user in order to answer questions and address incidents. Tier 1 support analysts shall obtain a full description of each reported incident and the system configuration from the Licensee.

This may include obtaining any customizations, code samples, or data involved, if applicable, to the Incident. The analyst shall also use any other information and databases it may develop to satisfactorily resolve incidents. ( 4) If Tier 1 support analyst cannot resolve an incident, then the authorized individuals may contact SVP Systems Support. ("Tier 2 Support").
(5) SVP Systems Support will attempt to satisfactorily resolve all incidents. If SVP Systems Support cannot resolve an incident, then SVP Systems Support, at its discretion, may contact Telvent.
■ Tier 3 Support Provided by Telvent
(1) Telvent shall log the calls received from the Tier 1 and 2 support analysts in accordance with Telvent's Maintenance and Support Policy. (2) Telvent shall attempt to resolve incidents by assisting the Tier 1 and 2 Help Desk individuals.
(3) Once incidents have been resolved, Telvent shall communicate the information to the Tier 1 and 2 support analyst who then shall be responsible for disseminating the resolution within Licensee's organization.

TelventUSA
2005-204; SVP
Jan 2013

Page 3 ends

Rev No. 07-1
Te/vent USA LLC
■ Licensee may establish up to three points of contact for orders and deliveries and each contact will be responsible for redistribution to eligible users. ■ Should Licensee acquire, be acquired by, or merge with another business entity, the ELA benefits will not be assumed by the acquiring, acquired, or merged entity unless approved in writing by Telvent. Additional fees will apply in order to account for any increased software count needs.
■ If Licensee divests itself of a business unit during the term of the agreement, the divested business unit will be allowed to continue to use any previously-deployed Telvent software for 90 days after the divestiture. Telvent and the divested unit will work together to arrive at a satisfactory commercial arrangement for the continued use and support of the software.
■ The Licensee will provide an annual report of installed software to Telvent. ■ Licensee will act as a reference site and will permit Telvent to publicize its use ofTelvent software and services.
■ The details of this agreement will be confidential and may not be disclosed by the contracting parties unless required by law.

ACCEPTED AND AGREED:

City of Santa Clara, California
(Licensee)
By:~ Autrizec0 gnu-e
Printed Name: Jv'\,\VP J. ½Aeo-tt( ....

Title: C (1'( ('I\ ANUIDV'
Date: ~\ l )1(/1 i
Telvent USA L
(Tel vent)
A~

ATTORNEY'S OFFICE
City Clerk -
TelventUSA
2005-204; SVP
Jan2013
Page4
Rev No. 07-1
[jii],j
~
Addendum 2
Telvent USA LLC Software License Agreement
Contract No. 2005-204
Pursuant to the Software License Agreement No. 2005-204 (Agreement) between The City of Santa Clara, California (Licensee) and Telvent USA LLC f/k/a Miner and Miner, Consulting Engineering, Inc. (Telvent), the parties now wish to modify the Agreement to add an Enterprise License Addendum (“ELA”) for the specific Telvent Software as detailed below. Conflicts that may arise between this Addendum 2 and the Agreement shall be resolved in favor of this Addendum 2.

The Telvent products to which Licensee shall have access to during the term of this Addendum 2 are as follows:
• ArcFM
• ArcFM Enterprise
• Conduit Manager
• Fiber Manager
• ArcFM Geodatabase Manager
• ArcFM Server - Standard
• ArcFM Server - Standard Staging License
• ArcFM Server - Standard Development License
• Responder for Electric*
During the term of the ELA, Licensee shall have access to an unlimited number of the ELA software products listed above. Any misuse of the ELA software shall constitute a material breach of the Agreement.
* Use of Responder is limited to the normal electric only outage management and operational tasks for which it is intended
Term and Renewal
This ELA shall have an effective date of April 23, 2016 and shall continue in effect for a period of three years from the effective date. Should Licensee wish to renew the ELA for an additional Sc ne·
0Electric
Telvent USA
Contract 2005-204; SVP
May 2016
Page I
Rev No. 07-1
three-year term, the price of the additional three-year term will be negotiated by the parties prior to the expiration of this Addendum.

Termination
This ELA may not be terminated by either party for convenience. Should Licensee wish to discontinue use of the ELA software prior to the expiration of the three-year term, Licensee will be obligated to continue its payment obligations as set forth below.

Either party may terminate this ELA for a material breach of the Agreement by the other party.

Pricing and Payment
The initial ELA shall be priced as follows.

These prices are quoted in United Slates Dollars and are exclusive of all taxes, duties, and fees.

Furthermore, the prices set forth in the ELA do not include any ESRI software.

The Year 1 payment will be due within 30 days of contract signature. Payments for Years 2 and 3 will be due within 30 days of the anniversary date of the contract.

Maintenance and Support
Maintenance and Support for the ELA software for is included with the ELA price and shall be performed in accordance with Telvent’s Maintenance and Support Policy, except as amended herein.

Te/vent USA LLC
Total Annual Cost
Telvent USA
2005-204 ; SVP
May 2016
_ · ~..Year I · Year;2 - ,_
Api;il 23, 20'16· - April 23'; 2017 _:_
A di 22, 2°'17. · .. A ril 22, 2018:-
$70,000 $70,000
Yead •··
A.p1jl 23,:20l8 :__
" A ·HJ 22, 2019' -
$70,000

Page 2 ends

Rev No. 07-1
Licensee shall establish a Tier 1 support center to field calls from internal users of Telvent software. The organization may designate up to three individuals (“Tier 1 Support”) who may directly contact Telvent for Tier 2 technical support.
■ Tier 1 Support Provided by Licensee
(1) Tier 1 support shall use analysts fully trained in the Enterprise Software they are supporting.
(2) At a minimum, Tier 1 Support shall include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures.
(3) Tier 1 support analysts shall be the initial points of contact for internal user in order to answer questions and address incidents. Tier 1 support analysts shall obtain a full description of each reported incident and the system configuration from the Licensee.

This may include obtaining any customizations, code samples, or data involved, if applicable, to the Incident. The analyst shall also use any other information and databases it may develop to satisfactorily resolve incidents. (4) If Tier 1 support analyst can not resolve an incident, then the authorized individuals may contact Telvent technical support (“Tier 2 Support”). ■ Tier 2 Support Provided by Telvent
(1) Telvent shall log the calls received from the Tier 1 support analysts in accordance with Telvent’s Maintenance and Support Policy.
(2) Telvent shall attempt to resolve incidents by assisting the Tier 1 Help Desk individuals.
(3) Once incidents have been resolved, Telvent shall communicate the information to the Tier 1 support analyst who then shall be responsible for disseminating the resolution within Licensee’s organization.

Additional Terms
■ Software may only be deployed and used at Licensee facilities in the United States. ■ If Licensee wishes to acquire and/or maintain any Telvent software during the term of the agreement that is not included in this Addendum 2, it may do so separately from this ELA at the pricing that is generally available to Licensee for software and maintenance. ■ Telvent technology that may be embedded in third-party products that may be acquired by Licensee are not included under this agreement.
■ Licensee may establish up to three points of contact for orders and deliveries and each contact will be responsible for redistribution to eligible users.

Te/vent USA LLC
Te lvent USA
2005-204; SVP
May 20 16

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Rev No. 07-1
Should Licensee acquire, be acquired by, or merge with another business entity, the ELA benefits will not be assumed by the acquiring, acquired, or merged entity unless approved in writing by Telvent. Additional fees will apply in order to account for any increased software count needs.

If Licensee divests itself of a business unit during the term of the agreement, the divested business unit will be allowed to continue to use any previously-deployed Telvent software for 90 days after the divestiture. Telvent and the divested unit will work together to arrive at a satisfactory commercial arrangement for the continued use and support of the software.

The Licensee will provide an annual report of installed software to Telvent.

Licensee will act as a reference site and will permit Telvent to publicize its use of Telvent software and services.

The details of this agreement will be confidential and may not be disclosed by the contracting parties unless required by law.

ACCEPTED AND AGREED:

Te/vent USA LLC
e
II
II
•
II
City of Santa Clara, California
(Licensee)
By:0?0i~~
Authorized Signature
Printed Name: R·ajeev Batra
Title : Acting City Manager
Date: ___ _________ _
City Clerk
APPROVED~ ~O~:

SANT A c; l:Jl. y iu-r TIORNEY'S OFFICE
Telvent USA
2005-204; SVP
May 2016
Telvent USA LLC
(Tel vent)
By: ---- ------ -
Authorized Signature
Printed Name: ---------
Title: ·----- -------
Date: ·------- - ----

Page 4 ends

The Licensee will provide an annual report of installed software to Telvent.

Licensee will act as a reference site and will permit Telvent to publicize its use of Telvent software and services.

The details of this agreement will be confidential and may not be disclosed by the contracting parties unless required by law.

Te/vent USA LLC
II
D
a
a
a
ACCEPTED AND AGREED:

City of Santa Clara, California
(Licensee)
By:----- - ----
Authorized Signature
Printed Name: Raj eev Batra
Title : Acting City Manager
Date:

Telvent USA
2005-204; SVP
May 2016
Telvent USA
(Tel vent)
Author·
Prini~ me: I ·
Title:~ILlk1'"b1L t>.(. fJt:fJAO'-(
Date: ,::::;;~ S, /@l (t

Page 4 ends

Rev No. 07-1
Addendum 3
Telvent USA LLC Software License Agreement
Contract No. 2005-204
Pursuant to the Software License Agreement Contract No. 2005-204 (“Agreement”) between The City of Santa Clara, California (Licensee) and Telvent USA, LLC f/k/a Miner and Miner, Consulting Engineering, Inc. (Telvent), the parties now wish to modify the Agreement to add an Enterprise License Addendum (“ELA”) for the specific Telvent Software as detailed below.

Conflicts that may arise between this Addendum 3 and the Agreement shall be resolved in favor of this Addendum 3.

The Telvent products to which Licensee shall have unlimited access to during the term of this Addendum 3 are as follows:
• ArcFM
• Fiber Manager
• Conduit Manager
• ArcFM Geodatabase Manager
• ArcFM Server - Standard
• ArcFM Server - Standard Staging License
• ArcFM Server - Standard Development License
• Responder for Electric*
* Use of Responder is limited to the normal electric only outage management and operational tasks for which it is intended
Any misuse of the ELA software shall constitute a material breach of the Agreement.

Term and Renewal
This ELA shall have an effective date of April 23, 2019 and shall continue in effect for a period of one year from the effective date. Should Licensee wish to renew the ELA for an additional Sc~neider
...,Electric
Telvent USA LLC Page I
term, the price of the additional term will be negotiated by the parties prior to the expiration of this Addendum.

Termination
This ELA may not be terminated by either party for convenience. Should Licensee wish to discontinue use of the ELA software prior to the expiration of the term, Licensee will be obligated to continue its payment obligations as set forth below.

Either party may terminate this ELA for a material breach of the Agreement by the other party.

Pricing and Payment
The initial ELA shall be priced as follows.

These prices are quoted in United States Dollars and are exclusive of all taxes, duties, and fees.

Furthermore, the prices set forth in the ELA do not include any ESRI software.

The Year 1 payment will be due within 30 days of contract signature.

Licensee shall establish a Tier 1 support center to field calls from internal users of Telvent software. The organization may designate up to three individuals (“Tier 1 Support”) who may directly contact Telvent for Tier 2 technical support.

Te/vent USA UC
Telvent USA LLC Page2
■ Tier 1 Support Provided by Licensee
(1) Tier 1 support shall use analysts fully trained in the Enterprise Software they are supporting.
(2) At a minimum, Tier 1 Support shall include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures.
(3) Tier 1 support analysts shall be the initial points of contact for internal user in order to answer questions and address incidents. Tier 1 support analysts shall obtain a full description of each reported incident and the system configuration from the Licensee.

This may include obtaining any customizations, code samples, or data involved, if applicable, to the Incident. The analyst shall also use any other information and databases it may develop to satisfactorily resolve incidents. (4) If Tier 1 support analyst can not resolve an incident, then the authorized individuals may contact Telvent technical support (“Tier 2 Support”). ■ Tier 2 Support Provided by Telvent
(1) Telvent shall log the calls received from the Tier 1 support analysts in accordance with Telvent’s Maintenance and Support Policy.
(2) Telvent shall attempt to resolve incidents by assisting the Tier 1 Help Desk individuals.
(3) Once incidents have been resolved, Telvent shall communicate the information to the Tier 1 support analyst who then shall be responsible for disseminating the resolution within Licensee’s organization.

Additional Terms
■ Software may only be deployed and used at Licensee facilities in the United States. ■ If Licensee wishes to acquire and/or maintain any Telvent software during the term of the agreement that is not included in this Addendum 3, it may do so separately from this ELA at the pricing that is generally available to Licensee for software and maintenance. ■ Telvent technology that may be embedded in third-party products that may be acquired by Licensee are not included under this agreement.
■ Licensee will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.
■ Should Licensee acquire, be acquired by, or merge with another business entity, the ELA benefits will not be assumed by the acquiring, acquired, or merged entity unless approved in writing by Telvent. Additional fees will apply in order to account for any increased software count needs.

Te/vent USA LLC
Telvent USA LLC Page3
■ If Licensee divests itself of a business unit during the term of the agreement, the divested business unit will be allowed to continue to use any previously-deployed Telvent software for 90 days after the divestiture. Telvent and the divested unit will work together to arrive at a satisfactory commercial arrangement for the continued use and support of the software.
■ The Licensee will provide an annual report of installed software to Telvent. ■ Licensee will act as a reference site and will permit Telvent to publicize its use of Telvent software and services.
■ The details of this agreement will be confidential and may not be disclosed by the contracting parties.

ACCEPTED AND AGREED:

Te/vent USA LLC
City of Santa Clara, California
(Licensee)
By: -~ f'ofL
A~ dSignature
Title: C. · ~ t\ V\ll~ eC
Date: C\ ~ \l.o - \ °\
APPROVED AS TO FORM:

SANTA CLARA CITY ATTORNEY'S omcs
? 11:Yt;> ~ \-
Telvent USA LLC
Authorize~ Signature
Printed Name~~rntit
Title0 • 1'-«--n,,... cc Q,ot>-4,l v--j
Date: ~l.Pll.~~""- °ll l<;:, IC,

Page 4 ends

Sc~t1eider
c.,Electric
Addendum 4
Telvent USA LLC Software License Agreement
Contract No. 2005-204
Pursuant to the Software License Agreement (Contract No. 2005-204) ("Agreement") between The City of Santa Clara, California (Licensee) and Telvent USA, LLC (Telvent), the parties now wish to modify the Agreement to add an Enterprise License Addendum ("ELA") for the specific Telvent Software as detailed below. Conflicts that may arise between this Addendum 4 and the Agreement shall be resolved in favor of this Addendum 4.

The Telvent products to which Licensee shall have access to during the te1m of this Addendum 4 are as follows:
• ArcFM
• Fiber Manager
• Conduit Manager
• ArcFM Geodatabase Manager
• ArcFM Server - Standard
• ArcFM Server - Standard Staging License
• ArcFM Server - Standard Development License
• Responder for Electric*
* Use of Responder is limited to the 1101mal electric only outage management and operational tasks for which it is intended
During the te1m of the ELA, Licensee shall have access to an unlimited number of the ELA software products listed above. Any misuse of the ELA software shall constitute a material breach of the Agreement.

Term and Renewal
This ELA shall have an effective date of April 23, 2020 and shall continue in effect for a period oftln·ee years from the effective date. Should Licensee wish to renew the ELA for an additional tln·ee year term, the price of the additional three year term will be negotiated by the parties prior to the expiration of this Addendum.

Telvent USA LLC Page I
Te/vent USA LLC
Should Licensee choose not to renew the ELA, the ELA Software shall roll over to a per seat basis at the end of the ELA term. Licensee may pay Telvent the standard annual maintenance and support price for each seat of the ELA Software it wishes to continue using. The number of seats Licensee will be entitled to continue using will be established based on the seats of ELA software in use at the expiration of the ELA.

Either party may terminate this ELA for a material breach of the Agreement by the other party.

Pricing and Payment
The initial ELA shall be priced as follows.

These prices are quoted in United States Dollars and are exclusive of all taxes, duties, and fees.

Furthermore, the prices set forth in the ELA do not include any ESRI software.

The Year l payment will be due within 30 days of contract signature. Payments for Years 2 and 3 will be due within 30 days of the anniversary date of the contract.

Licensee shall establish a Tier I support center to field calls from internal users of Telvent software. The organization may designate up to three individuals ("Tier l Support") who may directly contact Telvent for Tier 2 technical support.

Telvent USA LLC Page2
Te/vent USA LLC
• Tier 1 Support Provided by Licensee
(1) Tier 1 support shall use analysts fully trained in the Euterprise Software they are supporting.
(2) At a minimum, Tier 1 Support shall include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures.
(3) Tier 1 support analysts shall be the initial points of contact for internal user in order to answer questions and address incidents. Tier 1 support analysts shall obtain a full description of each reported incident and the system configuration from the Licensee.

This may include obtaining any customizations, code samples, or data involved, if applicable, to the Incident. The analyst shall also use any other information and databases it may develop to satisfactorily resolve incidents. (4) If Tier 1 support analyst can not resolve an incident, then the authorized individuals may contact Tel vent technical support ("Tier 2 Support"). • Tier 2 Support Provided by Telvent
(1) Telvent shall log the calls received from the Tier 1 support analysts in accordance with Telvent's Maintenance and Support Policy.
(2) Telvent shall attempt to resolve incidents by assisting the Tier 1 Help Desk individuals.
(3) Once incidents have been resolved, Telvent shall communicate the information to the Tier 1 support analyst who then shall be responsible for disseminating the resolution within Licensee's organization.

Additional Terms
• Software may only be deployed and used at Licensee facilities in the United States . • If Licensee wishes to acquire and/or maintain any Telvent software during the tenn of the agreement that is not included in this Addendum 4, it may do so separately from this ELA at the pricing that is generally available to Licensee for software and maintenance. • Tel vent technology that may be embedded in third-party products that may be acquired by Licensee are not included under this agreement.
• Licensee will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.
• Should Licensee acquire, be acquired by, or merge with another business entity, the ELA benefits will not be assumed by the acquiring, acquired, or merged entity unless approved in writing by Telvent. Additional fees will apply in order to account for any increased software count needs.

Telvent USA LLC Page 3
Drew Ditter
Director of Operations
May 29, 2020
Te/vent USA LLC
• If Licensee divests itself of a business unit during the term of the agreement, the divested business unit will be allowed to continue to use any previously-deployed Telvent software for 90 days after the divestiture. Telvent and the divested unit will work together to arrive at a satisfacto1y commercial arrangement for the continued use and support of the software.
• The Licensee will provide an annual report of installed software to Telvent. • Licensee will act as a reference site and will permit Telvent to publicize its use ofTelvent software and services.
■ The details of this agreement will be confidential and may not be disclosed by the contracting parties.

ACCEPTED AND AGREED:

City of Santa Clara, California
(Licensee)
Title: L\ ~ Ml.l,~e(
Date: c;-/u /wW
APPROVED AS TO FORM:

SANTA CLARA CITY AITORNEY'S OFFICB
.~~
Telvent USA LLC
Telvent USA LLC
(felvent) ~ ~
By: --~-----------
Authorized Signature
Printed Name: ---------
Title: ------------
Date: ------------
Page4

Page 1 ends

Internal
Addendum 5
Software License Agreement
Contract No. 2005-204

Pursuant to the Software License Agreement (Contract No. 2005-204) (“Agreement”) between the City of Santa Clara, California (“Licensee”) and Schneider Electric Smart Grid Solutions, LLC, formerly Telvent USA, LLC (previously “Telvent”, now “Schneider Electric”), the parties now wish to modify the Agreement to add an Enterprise License Addendum (“ELA” or "Addendum 5" ) for the specific Schneider Electric Software as detailed below. Conflicts that may arise between this Addendum 5 and the Agreement shall be resolved in favor of this Addendum 5.

This Addendum 5 shall only apply to L icensee and Licensee Affiliates described below. The Licensee Affiliates for whom this Addendum shall apply are:

• None

Should Licensee wish to include additional affiliates and/or subsidiaries in th is Addendum for use of the ELA software, additional fees may apply.

The Schneider Electric products to which Licensee shall have access to during the Term of this Addendum 5 are as follows:

• ArcFM
• Fiber Manager
• Conduit Manager
• ArcFM Geodatabase Manager
• ArcFM Server – Standard
• ArcFM Server – Standard Staging License
• ArcFM Server – Standard Development License
• Responder for Electric*

* Use of Responder is limited to the nor mal electric only outage management and operational tasks for which it is intended

During the Term, Licensee sh all have access to an unlimited number of the ELA software products listed above. Any misuse of the ELA software shall constitute a ma terial breach of the Agreement.

Term and Renewal

This ELA shall commence on April 23, 2 023 and shall cont inue in effect for a period of three years from th is date (the "Term"). The Parties agree that this Agreement did not expire on the previous expiration date of April 22, 2023, and it remains valid through the Term set forth in this Addendum 5. Should Licensee wish to renew the ELA for an additional three-year term, the

Page 2 ends

Internal
price of the additional three -year term will be negotiated by the parti es prior to the expiration of this Addendum 5.

Should Licensee choose not to renew the ELA, the ELA Software shall roll over to a per seat basis at the end of the Term. Licensee may pay Schneider Electric the stan dard annual maintenance and support pri ce for each seat of the ELA Software it wishes to c ontinue using.

The number of seats Licensee will be entitled to con tinue using will be established based on the seats of ELA software in use at the expiration of the ELA.

Termination

This ELA may not b e terminated b y eit her party for convenience. Shoul d Licensee wish to discontinue use of the ELA software prior to the expiration of the Term, Licensee will be obligated to continue its payment obligations as set forth below.

Either party may t erminate this ELA for a material breach of the Agre ement by the other party .

Upon termination by Schneider Electric for a material breach, all ELA software licenses shall be terminated and the full amount of the unpaid total ELA license fees will be due a nd payable by Licensee within thirty (30) days from the date of termination.

Pricing and Payment

Licensee will pay to Licensor a license fee (“License Fee”) as specified in this section. Licensor will invoice the License Fee for the period beginning o n April 23, 2023 and City wil l initiate payment within 30 days of the execution of this Addendum. Licensor may invoice future years up to 60 days in advance of t he d ue date. Each license is valid for twelve mo nths from the activation/renewal date. It is understood that such fees do not include required ESRI software.

The initial ELA shall be priced as follows.

Year 1
April 23, 2023
– April 22,
2024
Year 2
April 23, 2024
– April 22,
2025
Year 3
April 23, 2025
– April 22,
2026
Total Annual
Cost
$75,000 $75,000 $75,000

These prices are quoted in United States Dollars and are exclusive of all taxes, duties, and fees.

Furthermore, the prices set forth in the ELA do not include any ESRI software.

At least 90 days prior to the end of the Term, Licensor will request and Licensee will provide a report of installed software to Licensor. Licensor will provide a corresponding renewal quote.

Should Licensee wish to renew the Agreement, the Parties will execute a new addendum to this Agreement.

Maintenance and Support

Page 3 ends

Internal

Maintenance and Support for the ELA software for is included with the ELA price and shall be performed in accordance with Schneider Electric’s Maintenance and Support Policy, except as amended herein.

Licensee shall establish a Tier 1 support center to field calls from internal users of Schneider Electric software. The organization may designate up to three individuals (“Tier 1 Support”) who may directly contact Schneider Electric for Tier 2 technical support.

▪ Tier 1 Support Provided by Licensee

(1) Tier 1 support shall use analysts fully trained in the Enterprise Software they are supporting.
(2) At a minimum, Tier 1 Support shall include those activities that assist the user in resolving how-to and operational questions as well as questions on installation and troubleshooting procedures.
(3) Tier 1 support analysts shall be the initial points of contact for internal user in order to answer questions and address incidents. Tier 1 support analysts shall obtain a full description of each reported incident and the system configuration from the Licensee.

▪ Tier 2 Support Provided by Schneider Electric

(1) Schneider Electric shall log the calls received from the Tier 1 support analysts in accordance with Schneider Electric’s Maintenance and Support Policy. (2) Schneider Electric shall attempt to resolve incidents by assisting the Tier 1 Help Desk individuals.
(3) Once incidents have been resolved, Schneider Electric shall communicate the information to the Tier 1 support analyst who then shall be responsible for disseminating the resolution within Licensee’s organization.

Additional Terms

▪ Software may only be deployed and used at Licensee facilities in the United States.

▪ If Licensee wishes to acquire and/or maintain any Schneider Electric software during the Term that is not in cluded in this Addendum 5, it may do so separately from this ELA at the pricing that is generally available to Licensee for software and maintenance.

▪ Schneider Electric technology that may be embedded in third -party products that may be acquired by Licensee are not included under this agreement.

Page 4 ends

Internal
▪ Licensee will establish a single po int of contact for orders and deliveries an d wil l be responsible for redistribution to eligible users.

▪ Should Licensee acquire, be acquired by, or merge with another business entity, the ELA benefits will not be assumed by the acquiring, acquired, or merged entity unless approved in writing by Schneider Electric. Additional fees will apply in order to account for any increased software count needs.

▪ If Licensee divests itself of a business unit during the Term, the divested b usiness unit will be all owed to continue to use any previously-deployed Schneider Electric software for 90 days after the divestiture. Schneider Electri c and the divested unit will work together to arrive at a satisfactory commercial arrangement for the c ontinued use and support of the software.

Under “Additional Terms” in Addendum 4, the seventh, eighth, and ninth bullet shall be deleted and such deletion is effective for all previous addenda. Except as otherwise specified in this Addendum 5, any terms and conditions in previous addenda shall only be effective for the time periods covered by those addenda.

ACCEPTED AND AGREED:

City of Santa Clara, California
(Licensee)

By:

Authorized Signature

Printed Name: _______________________

Title: _______________________________

Date:

Schneider Electric Smart Grid
Solutions, LLC
(Schneider Electric)

By:

Authorized Signature

Printed Name:

Title:

Date:

APPROVED AS TO FORM:

By:
________________________________________

City Attorney's Office

Drew Ditter
Director of Operations
August 17, 2023

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-958 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on a Special Permit to Allow Outdoor Display and Sale of Clothing and Accessories in Connection with the Santa Clara Gun Show on September 16th and 17th, 2023 in the Parking Lot at the American Legion Hall at 958 Homestead Road

BACKGROUND
The applicant, John Low, requests a Special Permit pursuant to Zoning Code Section 18.60.030 in order to allow the use of the parking lot for the display/sale of clothing and accessories in connection with a two-day Gun Trade Show (Santa Clara Gun Show) in the parking lot of the American Legion Hall located at 958 Homestead Road. The Santa Clara Gun Show will have gun accessory vendor booths located in the parking lot throughout the two-day event, but actual gun displays will only occur within the American Legion Hall building. The show will occur on Saturday, September 16 th and
Sunday, September 17th, 2023.

The temporary event requires a Special Permit consistent with Santa Clara Code (SCC) Section

18.60.030 because of activities in the parking lot. But for the use of the parking lot not City use permit would be required. The applicant will also be required to follow State law regarding gun show operation and firearm sales.

DISCUSSION
The property is zoned Downtown Commercial (CD), which encourages the development of a large concentration of commercial and office uses in the central business area of the City, to provide a focal point of activity for the entire City and the surrounding areas. The surrounding area is comprised of a mix of uses and zoning districts, including properties designated with a Single-Family, Downtown Commercial, and Public Quasi-Public zoning districts.

Granting of the Special Permit requires the City Council to make findings set forth in SCC 18.60.030 as follows:

1. The facility, under the circumstances of the particular case, is essential or desirable to public convenience or welfare.

2. The facility will not be detrimental to the health or safety of the persons residing in the neighborhood.

3. The facility will not be detrimental to the property or improvements in the neighborhood.

4. The facility will not impair the integrity or character of the zoning district.

5. The facility will not create a significant increase in the traffic to and from the premises or in the City of Santa Clara Printed on 9/7/2023Page 1 of 3
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23-958 Agenda Date: 9/12/2023
on-street parking within (500) feet.

The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the integrity or character of the zoning district or surrounding land uses in that the events will occur over a limited time period and will be subject to conditions which lessen its potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public nuisance or private nuisance. Parking is available within the vicinity to accommodate the event. Any possible impacts would also be offset by the benefit to the community from the event. The Special Permit is subject to revocation should a problem arise.

Approval of the Special Permit would be subject to the following conditions:

1. This Special Permit shall be valid for the show dates of Saturday, September 16 th and Sunday,
September 17th, 2023;

2. Setup shall occur on the same day as the event and clean-up/breakdown shall occur at the conclusion of the event, which shall be completed by 5:00 p.m.;

3. The applicant shall comply with all Zoning Ordinance regulations regarding temporary and permanent structures and obtain all necessary Building/Fire permits;

4. The applicant shall obtain and comply with all applicable Santa Clara Building Division and/or Fire Department directives, permits, and requirements, including but not limited to temporary electrical and tent permits;

5. The applicant shall obtain all applicable permits from the Santa Clara County Health Department, including but not limited to permits related to food service at the event, if applicable;

6. The applicant shall obtain an amplified music permit from the Business Tax and License Department, if applicable;

7. The applicant shall obtain temporary sign permits from the Planning Department for all temporary signs advertising the event, if applicable;

8. There shall be no “searchlight” beams, streamers, or roof-mounted balloons during this event;

9. Upon conclusion of the event, the parking lot shall be cleaned and returned to its prior condition;

10.The use shall operate in a manner that does not create a public or private nuisance; and

11.The applicant shall comply with all applicable laws, including but not limited to California Penal Code §§ 27200 - 27350, which require State certification, possession of liability insurance, provision of information on vendors to the State upon request, and preparation of a security plan for review by the Department of Justice among other requirements.

ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”) as it consists of “minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, festivals, sales of Christmas trees, etc.”

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense. The applicant paid for the necessary permit fees.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Printed on 9/7/2023Page 2 of 3
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23-958 Agenda Date: 9/12/2023
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. Determine that the proposed action is categorically exempt from CEQA pursuant to Class 4 (“Minor Alterations to Land”).

2. Adopt staff’s proposed findings presented above and approve the request of a Special Permit to allow the use of the parking lot for the display/sale of clothing and accessories in connection with a two-day Gun Show on September 16
th and 17th, 2023 at 958 Homestead Road, subject to the conditions presented.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Site Plan
City of Santa Clara Printed on 9/7/2023Page 3 of 3
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Area of Outdoor Activity
10 x 10 pop up tents along the parking
stalls

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1067 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Approving the 2024 Civil Service Commission Calendar of Meetings, and Setting the Number and Start Time of Regular Meetings of the Civil Service Commission

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
City Charter Section 1003 states that each of the boards and commissions of the City shall hold regular meetings as required by City Code. City Code Section 2.120.030 states that each board or commission shall hold regular meetings at the times and on the days indicated by resolution of the City Council, which resolutions may be amended from time to time by further resolution of the Council.

DISCUSSION
At the August 14, 2023 Civil Service Commission meeting, the Commission recommended the proposed 2024 Schedule of Meetings, which includes twelve (12) regular meeting dates and six (6) potential Board of Review hearing dates, which would commence after conclusion of the regular Civil Service Commission meeting, if necessary to hear an appeal. The start time for each Civil Service Commission meeting is recommended to remain at 7:00 p.m.

The new resolution for City Council approval establishes the 7:00 p.m. Civil Service Commission start time and twelve (12) regular meetings for the year (which may be cancelled at the discretion of the City Manager based upon best practices for agenda management). The Commission has voted to hold its meetings on the second Thursday of each month, beginning in January 2024. In prior years, meetings of this Commission have been held on Mondays.

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 government organizational or administrative activity that will not result in direct or indirect changes in the environment.

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

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

City of Santa Clara Printed on 9/7/2023Page 1 of 2
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23-1067 Agenda Date: 9/12/2023

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 approving the 2024 Civil Service Commission Calendar of Meetings and setting the number and start time of regular Civil Service Commission meetings.

Reviewed by: Aracely Azevedo, Director, Human Resources Approved by: Jōvan Grogan, City Manager

ATTACHMENTS

1. Civil Service Commission 2024 Meeting Dates

2. Resolution Approving the 2024 Civil Service Commission Calendar of Meetings, and Setting the Times and Days of Regular Meetings
City of Santa Clara Printed on 9/7/2023Page 2 of 2
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CIVIL SERVICE COMMISSION

ZOOM/CITY COUNCIL

CHAMBERS
1500 Warburton Avenue
Santa Clara, CA 95050

Schedule of Meetings
2024

Regular meetings are held on the second Thursday of each month, beginning in January 2024 beginning at 7:00 p.m., in the City Council Chambers at 1500 Warburton Avenue, Santa Clara, or via Zoom in accordance with the following schedule.

Meeting Dates
January 11, 2024
February 8, 2024*
March 14, 2024
April 11, 2024*
May 9, 2024
June 13, 2024*
July 11, 2024
August 8, 2024*
September 12, 2024
October 10, 2024*
November 14, 2024
December 12, 2024*

*The Board of Review will commence immediately following the conclusion of the CSC meeting, if necessary.

Resolution/Approving the 2024 Civil Service Commission Calendar Rev: 11/22/17

Page 1 of 2 ends

RESOLUTION NO. 23-

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA APPROVING THE 2023 CIVIL SERVICE

COMMISSION CALENDAR OF MEETINGS, AND

SETTING THE NUMBER AND START TIME OF

REGULAR CIVIL SERVICE COMMISSION MEETINGS

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

WHEREAS, Section 2.120.030 of the Santa Clara City Code (“SCCC”) requires City boards and commissions to hold regular meetings at the times and on the days indicated by resolution of the Council;
WHEREAS, the Civil Service Commission, at its August 14, 2023, meeting recommended a regular meeting schedule for 2024, which proposes twelve (12) regular meetings and a state time of 7:00 p.m., as reflected on the attached Civil Service Commission 2024 Meeting Dates; and
WHEREAS, the Civil Service Commission also recommended reserving six (6) potential dates during the calendar year for Board of Review hearing dates, to be convened as needed, as reflected on the attached Civil Service Commission 2024 Meeting Dates.

NOW THEREFORE, BE IT F URT

HER RESOLVED BY THE C ITY OF SANTA CLARA AS
FOLLOWS:

1. That the City of Santa Clara are hereby finds th at the above Recitals are true and correct and by the reference makes them a part thereof
.

2. That the City Council herby approves setting the Civil Service Commission regular meeting start time at 7:00 p.m., and establishes twelve regular (12) meetings for calendar year 2024, set on the second Thursday of each month, beginning in January (as set forth on the attached Civil Service Commission 2024 Meeting Dates), which meetings may be cancelled at the discretion of the City Manager based upon best practices for agenda management.

That the City C ouncil hereby approves the six (6) potential Civil Service Commission Resolution/Approving the 2024 Civil Service Commission Calendar Rev: 11/22/17

Page 2 of 2 ends

meeting dates during the 2024, as listed in the attached Civil Service Commission 2024 Meeting Dates, for the Board of Review hearing dates, to be convened as needed, upon completion of the regularly scheduled Civil Service Commission meeting.

3. Effective date: This resolution shall be effective January 1, 2024.

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: Civil Service Commission 2024 Meeting Dates City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-751 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on Resolutions Ordering the Vacation of a Storm Drain Easement, Street and Utility Easement, Wire Clearance Easement, and Electric Easements at 2200 Calle De Luna

COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development

BACKGROUND
On October 16, 2019, Architectural Review Committee approved the 2200 Calle De Luna Development project (Project) located at 2200 Calle De Luna (Property). The Project consists of a 580-unit, three tower residential project on 3.9 acres as part of the Tasman East Specific Plan.

DISCUSSION
Due to the redevelopment of the Property, the existing Storm Drain Easement, Street and Utility Easement, Wire Clearance Easement, and Electric Easements encumbering the Property have been relocated or determined to be excess, and these easements are no longer necessary. The property owner (Holland Partner Group) has requested that the City vacate the subject easements to clear these unnecessary encumbrances on the Property. Any relevant facilities previously within said easements or portions to be vacated have been removed or abandoned. All departments and agencies having an interest in the easements concur that the easements are eligible to be vacated.

Staff has reviewed this proposal and found that these easements are no longer necessary for public purposes and therefore recommend that they be vacated according to subsection C of California Streets and Highways Code Section 8333.

ENVIRONMENTAL REVIEW
The potential environmental impact of the Project was addressed in the EIR approved by the City Council on November 13, 2018 (Agenda Item 9) and the EIR addendum approved by City Council on November 17, 2020 (Agenda Item 3).

FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.

COORINATION
This report has been coordinated with the City Attorney’s Office, Water and Sewer Utilities Department, and Silicon Valley Power.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and City of Santa Clara Printed on 9/7/2023Page 1 of 2
powered by Legistar™
23-751 Agenda Date: 9/12/2023
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. Adopt a Resolution Ordering the Vacation of a storm drain easement, street and utility easement, electric easement, and wire clearance easement at 2200 Calle De Luna [APN 097-01-039 (2022-23), SC23-0051];

2. Adopt a Resolution Ordering the Vacation of an electric easement at 2200 Calle De Luna [APN 097-01-039 (2022-23), SC23-0052]; and

3. Authorize the recordation of the Resolutions.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENT

1. Resolution ordering the vacation of Storm Drain Easement, Street and Utility Easement, Electric Easement, and Wire Clearance Easement at 2200 Calle de Luna

2. Resolution ordering the vacation of Electric Easement at 2200 Calle de Luna City of Santa Clara Printed on 9/7/2023Page 2 of 2
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Resolution ordering the Vacation of Easements Page 1 of 3 Rev. 11/22/17; Typed:05/19/2023 SC22-0051

RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103

Recording Requested by:

Office of the City Attorney
City of Santa Clara, California

When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov’t Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER’S USE]

RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, ORDERING THE VACATION OF STORM

DRAIN EASEMENT, STREET AND UTILITY EASEMENT,

ELECTRIC EASEMENT, AND WIRE CLEARANCE
EASEMENT AT 2200 Calle De Luna [APN 097-01-039
(2022-23)]

WHEREAS, the City of Santa Clara currently possesses the Storm Drain Easement, Street and Utility Easement, Electric Easement, and Wire Clearance Easement described in Exhibit A and shown on Exhibit B, which Exhibits are incorporated herein by reference. Said Easements were dedicated by those certain documents as mentioned in said Exhibits; and, WHEREAS, pursuant to Section 8333 of the California Streets and Highways Code, the City Council “may summarily vacate a public service easement” in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

Resolution ordering the Vacation of Easements Page 2 of 3 Rev. 11/22/17; Typed:05/19/2023 SC22-0051 BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That said Easements shown in said Exhibits have been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easements.

2. That said Easements described and shown in said Exhibits in the City are hereby vacated pursuant to California Streets and Highways Code Section 8333.

3. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).
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Resolution ordering the Vacation of Easements Page 3 of 3 Rev. 11/22/17; Typed:05/19/2023 SC22-0051

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. Exhibits A & B

K:\Engineering\Engineering\5-LPD\DOC\SC22-0051 Res vac easements.doc

SC22-0051

January 20, 2023
BKF No. 20156097

Page 1 of 1 ends

EXHIBIT “A”
Legal Description – Easements To Be Vacated

STORM DRAIN EASEMENT, STREET AND UTILITY EASEMENT,

ELECTRIC EASEMENTS & WIRE CLEARANCE EASSEMENTS
2200 Calle De Luna, Santa Clara, CA

Real property in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

Being portions of Parcel 19, as said Parcel is shown on that certain Parcel Map, filed for record on February 27, 1976 in Book 368 of Maps at Pag es 14 and 15, Records of Santa Clara County;

Being all of that Storm Drain Easement being vacated, as described in that certain Deed entitled “Storm Drain Easement”, recorded on October 24, 1972 in Book 0168 at Page 309 (Doc. 4419335), Official Records of Santa Clara County; and

Being all of that Street and Utility Easement being vacated, as described in that certain Deed entitled “Street and Utility Easement”, recorded on October 24, 1972 in Book 0168 at Page 31 6 (Doc. 4419336) , Official Records of Santa Clara County; and

Being all of that Electric Easement being vacated, as described in that certain Deed entitled “Electric Easement: Overhead and Underground”, recorded on September 13, 1976 in Book C326 at Page 451 (Doc. 5431558), Official Records of Santa Clara County; and

Being all of that Wire Clearance Easement being vacated, as described in that certain Deed entitled “Electric Easement: Overhead and Underground”, recorded on September 13, 1976 in Book C326 at Page 451 (Doc. 5431558), Official Records of Santa Clara County; and

Being all of that Electric Utility Easement being vacated, as described in that certain Deed entitled “Electric Utility Easement”, recorded o n October 26 , 1987 in Book K356 at Page 1584 (Doc. 9502267), Official Records of Santa Clara County; and

Being all of that Wire Clearance Easement being vacated, as described in that certain Deed entitled “Electric Utility Easement”, recorded on October 26, 1987 in Book K356 at Page 1584 (Doc. 9502267), Official Records of Santa Clara County; and

Being all of that Underground Electric Easement being vacated, as described in that certain Deed entitled “Underground Electric Easement”, recorded on June 6 , 2007 as Document No. 19530082 , Official Records of Santa Clara County.

Storm Drain Easement, Street and Utility Easement, Electric Utility Easements & Wire Clearance Easements are being vacated and are as shown on Site Plan attached hereto and made a part hereof as EXHIBIT “B”.

This legal description was prepared by me, or under my direct supervision, in conformance with the requirements of the Professional Land Surveyors ’ Act.

INITIAL DRAFT – FOR REVIEW
________________________
David S. Darling
L.S. No. 7625

______________________
Date
June 5, 2023
n~/t¼
L.S. No. 7625
Gjos/zoz3
Date /,
06 05

CITY OF SANTA CLARA
APN 097-01-039
(2022-2023)
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NASH - HOLLAND CALLE DE LUNA

INVESTORS, LLC
PARCEL 19
368 M 14-15
APN 097-05-058
(2022-2023)
1 1
- 30' STREET AND UTILITY EASEMENT
0168 O.R. 316

I BEING VACATED
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( SCALE IN FEET)
LEGEND

ELECTRIC UTILITY EASEMENT
K356 O.R. 1584

BEING VACATED

APN ASSESSOR'S PARCEL NUMBER PER
ROLL YEAR 2022-2023
S.C.V.W.D. SANTA CLARA VALLEY WATER DISTRICT
O.R. OFFICIAL RECORDED DOCUMENT, SANTA CLARA
- - EASEMENT LINE

UNDERGROUND ELECTRIC

EASEMENT
_r 7- DOC. 19530082
_J I BEING VACATED
TASMAN EAST PARCEL 57 OWNER, LLC
PARCEL 20
368 M 14-15
APN 097-05-057
(2022-2023)

PLAT TO ACCOMPANY
K:\2015\156097 2200 CALLE DE LUNA, SANTA CLARA\SUR\DWG\EASEMENTS\COMPLETE_VACAllON\VACAllON.DWG LEGAL DESCRIPTION A
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
.z-(408) 467-9100
~ www.bkf.com

SUBJECT VACATION - SITE EXHIBIT
2200 CALLE DE LI&, SANTA CLARA, CA
JOB NO. 20156097
Bv KMP APPR. osotcAsc DATE - -2023
1 OF
SC22-0051
Resolution ordering the Vacation of partial EE Page 1 of 3 Rev. 11/22/17; Typed:05/19/2023 SC22-0052

RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103

Recording Requested by:

Office of the City Attorney
City of Santa Clara, California

When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov’t Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER’S USE]

RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, ORDERING THE VACATION OF A
ELECTRIC EASEMENT AT 2200 Calle De Luna [APN 097-
01-039 (2022-23)]

WHEREAS, the City of Santa Clara currently possesses the Electric Easement described in Exhibit A and shown on Exhibit B, which Exhibits are incorporated herein by reference. Said Easements were dedicated by those certain documents as mentioned in said Exhibits; and, WHEREAS, pursuant to Section 8333 of the California Streets and Highways Code, the City Council “may summarily vacate a public service easement” in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.

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

Resolution ordering the Vacation of partial EE Page 2 of 3 Rev. 11/22/17; Typed:05/19/2023 SC22-0052

1. That said Easement shown in said Exhibits have been superseded by relocation, or determined to be excess by the easement holders, and there are no other public facilities located within the easements.

2. That said Easement described and shown in said Exhibits in the City are hereby vacated pursuant to California Streets and Highways Code Section 8333.

3. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).
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Resolution ordering the Vacation of partial EE Page 3 of 3 Rev. 11/22/17; Typed:05/19/2023 SC22-0052

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. Exhibits A & B

K:\Engineering\Engineering\5-LPD\DOC\SC22-0052 Res vac partial easement.doc

SC22-0052

January 20, 2023
BKF No. 20156097

Page 1 of 1 ends

EXHIBIT “A”
Legal Description

Portion of Electric Easement Vacation
2200 Calle De Luna, Santa Clara, CA

Real property in the City of Santa Clara, County of Santa Clara, State of California, described as follows:

Being a portion of that certain Electric Easement, as said Easement is described in that certain Easement Deed, conveyed to the City of Santa Clara, a municipal corporation, recorded on December 26, 1972 in Book 0168 at Page 323, Official Records of Santa Clara County, described as follows:

Being also a portion of Parcel 19, as said Parcel is shown on that certain Parcel Map, filed for record on February 27, 1976 in Book 368 of Maps at Pages 14 and 15, Records of Santa Clara County , more particularly described as follows;

BEGINNING at the southwesterly corner of said Parcel 19, said corner being also a point on the northeasterly line of Calle De Luna, a public street as shown on said Parcel Map (368 M 14 -15);

Thence leaving said southwesterly corner of said Parcel 19 and along the southwesterly line of said Parcel 19, North 22°24’12” West, 7.12 feet to a line parallel with and 5.00 feet northeasterly, right angle measurement, from said northeasterly line of said Calle De Luna, said point being also the beginning of a non-tangent curve, concave to the southwest, having a Radius of 115.00 feet, with a radial line that bears North 21°40’33” East;

Thence along said parallel line, southeasterly along said curve, through a central Angle of 28°57’48”, with an arc Length of 58.13 feet to a point that is on the northwesterly prolongation of the northeasterly right of way line of Calle de Luna as shown on said map ;

Thence leaving said parallel line, and along said prolongation, South 22°24’12” East, 33.54 feet to said northeasterly line of Calle De Luna, said point being also the beginning of a non-tangent curve, concave to the southwest, having a Radius of 110.00 feet, with a radial line that bears North 67°35 ’48” East;

Thence northwesterly along said curve, through a central Angle of 43°20 ’30”, with an arc Length of

83.21 feet to the Point of BEGINNING.

Containing an area of 326 square feet or 0.007 acres, more or less.

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

This legal description was prepared by me, or under my direct supervision, in conformance with the requirements of the Professional Land Surveyors ’ Act.

INITIAL DRAFT – FOR REVIEW
________________________
David S. Darling
L.S. No. 7625

______________________
Date
anuary 20,
June 5,
n.~fk¼
LS. No. 7625
. ~ DS-f20Z?!_
Date
June 5. 2023
B.Kf No. 20156097
Page I of l
ST. ANTON TASMAN EAST, LP.

PARCEL 6
368 M 14-15
APN 097-05-059
(2022-2023)

CALLE DEL MUNDO
(60' WIDE)
~

POINT OF

BEGINNING

LINE TABLE
NO. BEARING LENGTH
L1 N22•24•12"W 7.12'
L2 s22•24'12"E 33.54 '

CURVE TABLE
NO. RADIUS DELTA LENGTH
C1 115.00' 28.57'48" 58.13'
C2 110.00' 43°20'30"' 83.21'
LEGEND

APN ASSESSOR'S PARCEL NUMBER PER
ROLL YEAR 2022-2023
(R) RADIAL BEARING
- - - EASEMENT LINE
A
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
dz• (4oai 467-9100
~ www.bkf.com
"
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60 120
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( SCALE IN FEET )

NASH - HOLLAND CALLE DE LUNA

INVESTORS, LLC
PARCEL 19
368 M 14-15
APN 097-05-058
(2022-2023)
N67°35' 48"E
(R)
EXHIBIT •s•

PLAT TO ACCOMPANY

LEGAL DESCRIPTION

SUBJECT PORTION OF ELECTRIC EASEMENT VACATION
2200 CALLE DE LI&, SANTA CLARA. CA
JOB NO. 20156097
BY JG APPR. DSD/CASC DATE. 06- 05-2023
1 ·oF 1
SC22-0052
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-951 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Hold a Public TEFRA Hearing and Action on the Adoption of a Resolution Approving the California Municipal Finance Authority (CMFA) Issuance of Tax-Exempt Bonds Relating to the Financing of a 200-unit Multifamily Rental Housing Project for Low-income Households to be Located in the City of Santa Clara, California at 80 Saratoga Avenue

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
Pacific West Communities, Inc (the “Developer”) is proposing to build a 200-unit multifamily rental housing project for low-income households at 80 Saratoga Avenue (Project). The Project has already received land use entitlements from the City and the Developer has now applied to the State for tax-exempt bonds to help finance their project. As part of the financing process for affordable housing projects seeking to utilize State tax -exempt bonds, the local jurisdiction, in this case the City of Santa Clara, is required by State law to conduct a public hearing. The City is conducting this public hearing as a result of Pacific West Communities, Inc’s application to the State.

For all or a portion of the bonds to qualify as tax-exempt bonds, the City of Santa Clara must conduct a public hearing under the Tax Equity and Fiscal Responsibility Act (the “TEFRA Hearing”) to provide the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for financing the Project. Public notice must be provided to the members of the community prior to the TEFRA Hearing.

Following the close of the TEFRA Hearing, an “applicable elected representative” of the City must provide its approval of the issuance of the bonds for financing the Project.

California Municipal Finance Authority (CMFA)
The CMFA was created on January 1, 2004, pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. To date, over 350 municipalities, including the City of Santa Clara have become members of CMFA.

The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

Santa Clara Pacific Associates, a California Limited Partnership (the “Borrower”), a partnership of which the Developer or a related person to the Developer is the general partner, has requested that the CMFA issue exempt facility bonds in the maximum principal amount of $95,000,000 to finance or refinance the acquisition, construction, improvement and equipping of an 200-unit multifamily rental project to be located in the City of Santa Clara, California at 80 Saratoga Avenue.

City of Santa Clara Printed on 9/7/2023Page 1 of 3
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23-951 Agenda Date: 9/12/2023

DISCUSSION
The debts, liabilities, and obligations of the CMFA do not constitute debts, liabilities or obligations of the members executing such an agreement. The bonds to be issued by the CMFA for the Project will thus be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the bonds for the financing of the Project. All financing documents with respect to the issuance of the bonds will contain clear disclaimers that the bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Santa Clara, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the General Fund of the City (estimated to be approximately $15,000). Such grant may be used for any lawful purpose of the City.

The City of Santa Clara is already a member with CMFA and there are no costs associated with membership in the CMFA, and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. Outside of holding the TEFRA hearing and adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the bonds will be required.

Conducting the TEFRA hearing is a procedural action the City is required to take that will allow implementation of the Project, advancing the City’s goals and objectives related to the production of affordable housing and consistent with the City’s General Plan.

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

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

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

As required by TEFRA regulations, a seven-day notice was published on August 23, 2023 in the Santa Clara Weekly. Proof of publication is included as Attachment 2.

City of Santa Clara Printed on 9/7/2023Page 2 of 3
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23-951 Agenda Date: 9/12/2023

ALTERNATIVES

1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (the “Code”).

2. Adopt the resolution approving the issuance of up to $95,000,000 in tax-exempt private-activity bonds by California Municipal Finance Authority (CMFA) for the benefit of a 200-unit Multifamily Rental Housing Project to be Located in the City of Santa Clara, California at 80 Saratoga Avenue.

3. No action by City Council.

RECOMMENDATION
Hold a Tax Equity and Fiscal Responsibility Act public hearing and adopt a resolution approving the issuance of up to $95,000,000 in tax-exempt private-activity bonds by California Municipal Finance Authority (CMFA) for the benefit of a 200-unit Multifamily Rental Housing Project to be Located in the City of Santa Clara, California at 80 Saratoga Avenue.

Reviewed by: Andrew Crabtree, Director, Community Development Department Approved by: Jovan Grogan, City Manager

ATTACHMENT

1. TEFRA Resolution for 80 Saratoga

2. TEFRA Proof of Publication 80 Saratoga
City of Santa Clara Printed on 9/7/2023Page 3 of 3
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Resolution/80 Saratoga Ave-TEFRA Page 1 of 3
Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL

FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR A

QUALIFIED RESIDENTIAL RENTAL PROJECT IN AN

AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEE D
$95,000,000 FOR THE PURPOSE OF FINANCING OR

REFINANCING THE ACQUISITION, CO NSTRUCTION,
IMPROVEMENT AND EQUIPMENT OF 80 SARATOGA AVENUE

APARTMENTS FOR THE BENEFIT OF SANTA CLARA PACIFIC

ASSOCIATES LP, AND CERTAIN OTHER MATTERS RELATING

THERETO

WHEREAS, Santa Clara Pacific Associates, a California Limited Partnership (the “Borrower”) a partnership of which Pacific West Communities, Inc. (the “Developer”) or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the “Authority”) adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the “Code”) in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $95,000,000 in aggregate principal amount (the “Bonds”), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at 80 Saratoga Avenue, Santa Clara, California (the “Project”); WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of Santa Clara (the “City”) because the Project is to be located within the territorial limits of the City;
WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is one of the “applicable elected representatives” required to approve the issuance of the Bonds under Section 147(f) of the Code;
WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the Resolution/80 Saratoga Ave-TEFRA Page 2 of 3
Rev: 11/22/17
California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and,
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority.

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

1. That the foregoing resolutions are true and correct.

2. That the City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

3. That the issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

4. That the adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

5. That the officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent Resolution/80 Saratoga Ave-TEFRA Page 3 of 3
Rev: 11/22/17
of this resolution and the financing transaction approved hereby.

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None

PROOF OF PUBLICATION
Santa Clara Weekly
P.O. Box 580, Santa Clara, California 95052
INTHE
City of Santa Clara,
State of California,
County of Santa Clara

CITY NOTICE
NOTICE OF PUBLIC HEARING - SEPTEMBER 12, 2023 SANTA CLARA CITY COUNCIL State of California, } SS
County of Santa Clara ·
The undersigned, being first duly sworn, deposes and says: That at all times hereinafter mentioned affiantwas and still is a citizen of the United States, over the age of eighteen years, and not a party to nor interested in the above entitled proceeding; and was at and during all said times and still is publisher of the Santa Clara Weekly, a newspaper of general circulation printed and published weekly in the County of Santa Clara, State of Califor nia, and said Santa Clara Weekly is and was at all times hereinmentioned a newspaper of general circulation as that term is defined by sections 6000 and following, of the government code of the State of California, and, as provided by said sections, is published for the dissemination of local or telegraphic news and intelligence of a general character, having a bonafide subscription list of paying subscribers, and is not devoted to the interest or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for the entertainment and instruction of any number of such classes, professions, trades, callings, races or denominations; that at all times said newspaper has been estab lished, printed and published in the said County of Santa Clara and State of California at regular intervals for more than one year proceeding the first publication of the notice herein mentioned; that said notice was set in type notsmallerthan non-pare II, describing and expessing in general terms the purport and characterofthe notice intended to be given; that the clipping of which the annexed is a true printed copy, was published and printed in said newspaper on the following dates to wit:

Pub: 8/23/23
Dated at Santa Clara, California
This 23RD day of AUGUST, 2023
I declared under penalty of perjury that the foregoing
istruea~
Signed: ~
(Assoc.) Publisher of the Santa Clara Weekly
The Santa Clara Weekly was adjudicated a newspaper of general circula tion in and for the County of Santa Clara on September 3, 1974 (Case No. 314617). The Santa Clara Weekly was adjudicated a newspaper of general circulation within the City of Santa Clara on April 2, 1976(Case No. 347776). 1--- , . · ·.1 NOTICE OF PUBIJjc HEARING-
iNOTICE IS HEREBY QIVEN that on Sept~mber 12, 2023, the City Council (the )"Council") of the City of.Santa Clara (the ''City''.) .will conduct a public hearing as !required by Section 147(0 of the Internal_ Revenue Code of 1986 with respect to a /
proposed plan of financing providing·for the.is·s~~ce by _the Califo~ia M~nlci~al . Finance Authority (the '½uthority") of exempt facility bonds for a qualified resi\l.ential rental project pursuant to Section 142(a)(7) of the Code in one ?r mor~ ~eries issu':d from time to time, including bonds issued to refund such exempt facihty bonds m one or more series from.time to time, in an ammu1t not to exceed $95,000,000 (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the ac quisition, construction, improvement and equipping of a 200-unit multifamily.rental housing project located at 80 Saratoga Avenue, Santa Clara, California; and.(~:~ay certain expenses-incurred in connection with the issuance of the Bonds. The fact'\ittes ·are to be owned by Santa Clara Pacific Associates, a California Limited P'."tlners~p (th~ :'Borrowe.r")'qr a partnership .of which Pacific West"Com,munities, In"., (the ''D~- veloper''): cir a re'fated pers'on to the D,evefoperis tJl.,t general' j>a'rtri~r. .

The Bonds and 'ilie obligation to pay principal thereof and interest thereon and ~y rederripticin premium with respect thereto do not constitute indebtedness or an obliga ti~I\ of the City of Santa Clara, the Authority, the St~te ~f California or any i>o!i~cal subdivisi~n thereof, within the meaning of any constitutional or .statutory debt !muta tion, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.

Said public bearing will be conducted by the Council at its meeting to be held pn Tuesday, September 12, 2023, at 7:00 p,m. or as soon as thereafter as the ~alter in_ay be heard during the regular meeting held in a hybrid manner (~-person_ ~ the City Hall Council Chambers, City of Santa Clara, 1500 Warburton Avenue, Santa Clara, California and continues to have methods for the public to participate remotely).

ViaZoom:
https·//santacfaraca zoom us/j/99706759306 Meeting ID: 997-0675-9306 Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

1. Use the eComment tab located on the City Council Agenda page https•//santa clara,Jegistar com/Calendar aspx eComments are direc'tly sent to the ~egislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.

2. By email to [email protected] by 12 P·?1· the day of the meet_ing. Th~~-~ emails will be forwarded to the Council and will be uploaded to the City Coul).cY, ·.

Agenda as supplemental meeting material. Emails received after the 12 p.m. cut'. off time up through the end of the.meeting will form part of the meeti~g record:

Ple~se identify the Agenda Item Number in the subject line of your email. NOTE:

Please note ~Comments and Emails received as public comment will not be fead aloud during the meeting. 1
Americans with pjsabj)jtjes Act <APA) · -:

In accordance with the requirements of Title II of the Americans with DJ§all_ilities Act of 1990 ("ADA''), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, pro~rams, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request; pro vid~ appropriate aids and services leading to effective co?1'11unic~t!ori :or <i.~alifi.ed person~ tith disabilities including those with speech, hearmg, or vis10n 1~~8;1rments so they-can participate equally in the City's program~, services, and activities. _The City of Santa Clara will make all reasonable modifications to p~licies ~d progr~s to ensuJ that people with disabilities have an equal opportumty to eUJOY all of its programs, services, and activities. ·
Agendas and other written materials distributed during a public meeting ~at are J>Ub~ . lie record will be made available by the City in an appropriate alternative format.

Contact .the City Clerk's Office at 4!)8-615-2220 with your request for an alternative format copy of the agenda or other written materials. . .

Individuals who require an auxiliary aid or service for effective commurucatton, or any other disability-related modification of policies or procedures, or other accom modation, in order to participate in a program, service, or activity of the City of S~nta Clara, should contact the City's ADA C~~rdinator at408-615-3000 a:s soon as possible but no later than 48 hours before 1fie'scbedulecfiive,w:··· ··· All those wishing lo comment on the proposed financing or refinancing and the nature and location of the Project are invited to attend and be heard at this hearing. Interested parties may login or call into the hearing at the time indicated above or submit written comments, which must be received by the City prior to the hearing. Written com ments should be sent to City of Santa Clara at 1500 Warburton Avenue, Santa Clara, , California 95050, Attention: City Clerk. ·
Pub: 8/23/23

CITY CLERK
· CITY OF SANTA CLARA
Dated: August 23, 2023
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1071 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action to Adopt a Resolution Amending Parking Regulations on Lafayette Street related to possible parking removal for the Lafayette Street Class IV Bikeway Project and Direction on Use of Roadway on Lafayette for Bicycle Paths

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
On July 13, 2021, the Council approved a grant funding agreement with the Santa Clara Valley Transportation Authority and related budget amendment for the Lafayette Street Class IV Bikeway Project (Project). The goal of this Project is to implement a Class IV bikeway (i.e. protected and buffered striped bicycle lanes) on Lafayette Street between Laurelwood Road and Reed Street, which is a high priority recommendation in the City’s Bicycle Plan Update 2018.

This portion of Lafayette Street (between Laurelwood Road and Reed Street) currently has four travel lanes (two in each direction), a 35 miles per hour speed limit, and minimal on-street parking for two blocks between Memorex Drive and Parker Court on the west side only. During the review and analysis of this corridor, staff determined that Lafayette Street has a constrained roadway width that cannot accommodate a Class IV bikeway without the removal of on-street parking.

The potential parking removal along Lafayette Street is estimated to be 700 feet (22 parking spaces) of the total 7,500-foot length of the Project (Attachment 1). This distance exceeds the authority of the City Manager or designee specified in the City Code related to parking removals (maximum of 349 feet), and therefore requires Council approval.

DISCUSSION
Staff completed a parking analysis for Lafayette Street between Memorex Drive and Parker Court which consisted of inventorying the number of parking spaces, collecting parking count data, and evaluating the collected data. The parking analysis area included adjacent streets in the area such as Avila Avenue, Di Giulio Avenue, Memorex Drive, Parker Court, Ronald Street, and Shulman Avenue.

Parking counts were collected for this area in January 2022 during the daytime (9 a.m. - 6 p.m.) and late-night period (11 p.m. - 1 a.m.) on a Tuesday, Wednesday, Thursday, and Saturday.

Currently, there are approximately 233 on-street parking spaces within the public right-of-way in the parking study area. The parking analysis results shown below in Table 1 found the morning period (9 a.m. - 12 p.m.) had the peak demand and that 9 percent of on-street parking spaces were available (i.e. open). A map showing the study area and parking availability during the peak demand period (9 City of Santa Clara Printed on 9/7/2023Page 1 of 5
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a.m. - 12 p.m.) is included as Attachment 2. In addition, a map showing parking availability in the overnight hours (11 p.m. - 1 a.m.) is included as Attachment 3.

Table 1: Lafayette Street Parking Analysis Results
(Average Weekday, Memorex Drive to Parker Court)
Street Name Segment Parking
Spaces
Average
Weekday
Percent of
Parking
Available*
9AM-
12PM
11PM-
1AM
Lafayette St Memorex Dr to Di Giulio Ave, west side 8 9% 40% Lafayette St Di Giulio Ave to Parker Court, west side 14 16% 34% Shulman Ave Memorex Dr to Lafayette St, north side 27 14% 61% Shulman Ave Memorex Dr to Lafayette St, south side 11 0% 55% Memorex Dr Ronald St to Avila Ave, north side 16 0% 96% Memorex Dr Ronald St to Avila Ave, south side 18 29% 73% Memorex Dr Avila Ave to Lafayette St, north side 8 0% 10% Memorex Dr Avila Ave to Lafayette St, south side 8 9% 13% Ronald St Memorex Dr to Di Giulio Ave, east side 10 2% 93% Ronald St Memorex Dr to Di Giulio Ave, west side 7 43% 90% Avila Ave Memorex Dr to Di Giulio Ave, east side 12 6% 2% Avila Ave Memorex Dr to Di Giulio Ave, west side 14 12% 11% Di Giulio Ave Ronald St to Avila Ave, north side 14 0% 25% Di Giulio Ave Ronald St to Avila Ave, south side 20 8% 68% Di Giulio Ave Avila Ave to Lafayette St, north side 9 8% 8% Di Giulio Ave Avila Ave to Lafayette St, south side 12 6% 6% Parker Court west of Lafayette St, north side 13 3% 8%
Parker Court west of Lafayette, south side 12 9% 19%
Total 233 9% 43%
* Average Weekday Percent of Parking Available is an average of parking counts for three weekdays (Tuesday, Wednesday, and Thursday).

The parking analysis found only 2 of 18 street segments had parking availability of 20 percent or greater during the morning period. Staff further analyzed the impacts of removing on-street parking on Lafayette Street and determined that if parking is removed on the west side between Memorex Drive and Parker Court, it is anticipated that those vehicles that would typically park on Lafayette Street (during the morning period, 9 a.m. - 12 p.m.) may have to park in the neighboring streets.

Based on that shift, it is anticipated that the neighboring streets would not have any remaining parking availability (i.e. 0 percent availability during the morning period (9 a.m. - 12 p.m.). During the City of Santa Clara Printed on 9/7/2023Page 2 of 5
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23-1071 Agenda Date: 9/12/2023
late-night period (11 p.m. - 1 a.m.), parking is available in the neighboring streets, but it is expected that those that previously parked on Lafayette Street would need to park up to 600 feet away (i.e. along Avila Avenue and Ronald Street).

Potential Options
Staff identified four options (Attachment 4) for Lafayette Street between Memorex Drive and Reed Street. Each option is summarized below:
· Option 1: This option removes all 22 on-street parking spaces and adds a Class IV (protected) bikeway on both sides of Lafayette Street between Memorex Drive and Reed Street
· Option 2: This option does not remove on-street parking and adds a Class II (striped) bicycle lane on the west side of Lafayette Street between Memorex Drive and Reed Street. No bicycle lane is added to the east side of Lafayette Street and bicyclists must share a travel lane (same as existing condition); however, new pavement marking sharrows and signage will be added. · Option 3: This option does not remove on-street parking and adds a Class II (striped) bicycle lane on the east side of Lafayette Street between Memorex Drive and Reed Street. No bicycle lane is added to the west side of Lafayette Street and bicyclists must share a travel lane adjacent to on-street parking (same as existing condition); however, new pavement marking sharrows and signage will be added.
· Option 4: This option does not remove on-street parking and does not implement any bicycle improvements on Lafayette Street between Memorex Drive and Reed Street.

Staff presented information regarding the potential for parking removal and project options at three public meetings to obtain input from residents as described below.

Community Outreach and Feedback
: The Project was communicated to the public by mailing over 1,300 notification letters and postcards, hosting three community meetings on May 4, 2022, July 28, 2022, and September 29, 2022, and posting information on Facebook, Twitter, Instagram, Nextdoor, and the City website. The purpose of the meetings was to provide the public an opportunity to learn about the project, see the results of the parking analysis, and provide feedback on options.

Community meeting attendees were asked to vote for a preferred option and those results are as follows:

1. Option 1 - Parking removal and add a Class IV bikeway (38% preferred, 9 votes)

2. Option 2 - No parking removal and add a Class II bicycle lane on the west side ( 13% preferred, 3 votes)

3. Option 3 - No parking removal and add a Class II bicycle lane on the east side ( 29% preferred , 7 votes)

4. Option 4 - No bicycle lane implementation (21% preferred, 5 votes) Bicycle and Pedestrian Advisory Committee (BPAC) Meeting and Feedback : The project was
presented as an informational item at the January 23, 2023 BPAC meeting. The report to BPAC and meeting presentation included the history and background of the project, the roadway width City of Santa Clara Printed on 9/7/2023Page 3 of 5
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constraints, on-street parking study and results, input from the three community meetings, and design options. The BPAC voted unanimously to support Option 1 to remove parking and install a Class IV separated bikeway.

Based on the parking analysis findings, community input, and BPAC recommendation, staff recommends Option 1 which removes 22 on-street parking spaces and adds a Class IV (protected) bikeway on both sides of Lafayette Street between Memorex Drive and Reed Street. However, because there were a few concerns expressed about parking removals in the adjacent neighborhood, there is also the possibility that the bicycle improvements on Lafayette Street between Memorex Drive and Reed Street could be designed and installed as temporary improvements as part of a pilot program to provide the City the opportunity to revisit the parking situation in a year after removal.

Staff could complete an additional parking analysis to determine the effects of the proposed parking removal and return to City Council with an update. The cost for the additional analysis is approximately $10,000 and if a decision is made to restore parking in the pilot area and remove the bike lanes then it is estimated this would cost an additional $250,000.

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities” as the activity consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities mechanical equipment or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agencies determination.

FISCAL IMPACT
Funding for design is budgeted in the FY 2023/24 Streets and Highways Capital Fund Lafayette Class IV Bike Lanes project. Budget actions to appropriate grant and local match funding for construction will be brought forward to Council after the completion of design.

If Council approves the removal of parking and directs staff to install temporary improvements as part of a pilot program, it is estimated that there is an additional cost of $10,000 for additional parking analysis after installation of the temporary improvements. If a decision is made to restore parking in the pilot area and remove the bike lanes, then it is estimated this would cost an additional $250,000.

These costs are not currently budgeted. In order to implement, a future budget action would be required to shift available funds in the FY 2023/24 Streets and Highways Capital Fund Pedestrian and Bicycle Enhancement Facilities project (Project 1220) budget for the parking analysis and, if needed, to restore parking.

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

PUBLIC CONTACT
In August, staff mailed notices to the neighborhood adjacent to the proposed parking removal area with information related to an September 12, 2023 City Council meeting regarding this report on proposed parking removals. 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 City of Santa Clara Printed on 9/7/2023Page 4 of 5
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23-1071 Agenda Date: 9/12/2023
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.

ALTERNATIVES

1. Determine the proposed action is exempt under CEQA pursuant to Class 1 (Existing Facilities) of CEQA Guidelines Section 15301.

2. Authorize staff to implement parking removal and a Class IV protected bikeway along Lafayette Street between Memorex Drive and Reed Street (Option 1) a. Adopt a resolution amending parking regulations on Lafayette Street between Memorex Drive and Parker Court (Attachment 5).

3. Authorize staff to implement parking removal and a Class IV protected bikeway along Lafayette Street between Memorex Drive and Reed Street (Option 1) with temporary bicycle improvements on Lafayette Street between Memorex Drive and Parker Court through a pilot program. a. Adopt a resolution amending parking regulations on Lafayette Street between Memorex Drive and Parker Court (Attachment 5).

4. Authorize staff to implement a Class II bicycle lane on the west side along Lafayette Street between Memorex Drive and Reed Street (Option 2).

5. Authorize staff to implement a Class II bicycle lane on the east side along Lafayette Street between Memorex Drive and Reed Street (Option 3).

6. Direct staff not to build any bike lanes on Lafayette Street between Memorex Drive and Reed Street (Option 4).

RECOMMENDATION
Alternative 1 and 2.

1. Determine the proposed action is exempt under CEQA pursuant to Class 1 (Existing Facilities) of CEQA Guidelines Section 15301.

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Location Map with Potential Parking Removal

2. Existing Parking Availability Map, Average Weekday (9 a.m. - 12 p.m.)

3. Existing Parking Availability Map, Average Weekday (11 p.m. - 1 a.m.)

4. Exhibit of Options

5. Resolution
City of Santa Clara Printed on 9/7/2023Page 5 of 5
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---LOCATION MAP---

PROJECT

LOCATION
Parking Availability
>51%
21 to 50%
10 to 20%
<10%
Parking Availability
Map
(Weekday
9AM-12PM)
43%
14%
0%
29%
0%
0%
6%12%
9%
8%
6%
9%
16%
3%
9%
2%
0%
8%
3%
9%

Parking Availability
>51%
21 to 50%
10 to 20%
<10%
Parking Availability
Map
(Weekday
11PM-1AM)
93%
90%
61%
73%
96%
55%
2%
8%
6%
40%
34%
8%
19%
11%
25%
68%
13%
10%
8%
19%
Roadway Options
Option 1: Remove parking -
Install protected bike lanes on
both sides
Option 2: Keep parking - West
side has new bike lane. East side
has a shared lane.

Option 3: Keep parking - West
side has a shared lane. East side
has a new bike lane.

Option 4: Keep parking - No
changes and shared lanes on
both sides
PROPOSED-OPT ION 1-REMOVE PARKING . INSTALL BIKE LANES
0' 10'

WESTERLY BICYC LE VEHIC LE

PROP ERTY LANE LANE
LINE
,.

LEFT TURN
lAN E
:~i]
10 ,.

VEHIC LE BICYCLE

LANE LANE
PROPOSED-OPT ION 2-KEEP PARKING. INSTALL BIKE LANE ON WEST SIDE ...
,.
!
:LRLY

PROP ERTY
LINE
Q I i I ---=--+-----+------+------+--------+---------i]er----------; CURB TO CURB 8'
r ,. '" WESTERLY PARKING BICYCLE VEHICLE

PROP ERTY LANE LANE LANE

LIN E LINE
PROPOSED-OPTION 3-KEEP PARKING. INSTALL BIKE LANE ON EAST SIDE ...

CURB TO CURB
,i]
,.
i
r 1? ,. ,o 10 10" ,.

ERLY WESTERLY PAR KING SHAR ED VEHICLE LEFT TURN VEHIC LE VEHICLE BICYCLE PROP ERTY PROPERTY LAN E LANE LAN E LANE LANE LANE LAN E LIN E LINE

EXISTING
...

CU RB TO CURB
J
,.
--....
,. 11 " 11" 10 11" 13" TERL Y WESTERLY PARK ING VEHICLE VEHICL E LEFT TURN VEH ICLE TRAVEL PROP ERTY PROP ERTY LANE LAN E LAN E LANE LANE LANE LINE LIN E Resolution Modifying Parking Regulations on a “No Stopping Anytime” zone along Lafayette Street between Memorex Drive and Parker Court Page 1 of 2
Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

AMENDING PARKING REGULATIONS ON LAFAYETTE STREET

BETWEEN MEMOREX DRIVE AND PARKER COURT

WHEREAS, the 2018 City of Santa Clara Bicycle Plan Update was approved and adopted by the Council on September 24, 2019 under Resolution No. 19-8761; WHEREAS, Class IV Bicycle Lanes on Lafayette Street was a recommendation within the adopted 2018 Bicycle Plan Update;
WHEREAS, the City established certain parking regulations on Lafayette Street between Memorex Drive and Parker Court;
WHEREAS, Department of Public Works staff determined that amending the currently enacted regulations on Lafayette Street between Memorex Drive and Parker Court to prohibit parking is necessary to construct Class IV Bicycle Lanes;
WHEREAS, based on this finding, the City now proposes to prohibit parking on Lafayette Street between Memorex Drive and Parker Court.

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

1. That there is hereby established a “No Stopping Anytime” zone along the west side of Lafayette Street between Memorex Drive and Parker Court.

2. That the City Manager, or designee, is authorized to modify parking regulations on Lafayette Street between Memorex Drive and Parker Court as needed to accommodate the installation of Class IV Bicycle Lanes.

3. Effective date. This resolution shall become effective immediately upon the award of a contract to construct Class IV Bicycle Lanes on Lafayette Street between Memorex Drive and Parker Court.

Resolution Modifying Parking Regulations on a “No Stopping Anytime” zone along Lafayette Street between Memorex Drive and Parker Court Page 2 of 2
Rev: 11/22/17

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

None

S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-852 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on Proposed Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On October 10, 2022, the Santa Clara County Civil Grand Jury (Grand Jury) transmitted a letter to the City of Santa Clara along with a report entitled “Unsportsmanlike Conduct: Santa Clara City Council”. The Report included discussion of operational tours of Levi’s Stadium and the following recommendation (Recommendation 5a):

The City/Stadium Authority should adopt a policy and outline procedures for elected and appointed officials to conduct operational tours of the Stadium. This document should be published on the City’s website to properly inform the public. This recommendation should be implemented by February 1, 2023.

On December 8, 2022, the City Council/Stadium Authority Board provided the following response regarding Recommendation 5a:

The Council/Board will implement Recommendation 5a because, contrary to Finding 5, no such protocol exists. The Council/Board finds it would benefit from a straightforward policy outlining the appropriate procedures for elected officials to conduct operational tours of all City or Authority assets, including the Stadium. The policy will be widely distributed so that all elected officials are aware of its terms, including any consequence for any violation of the policy. A defined and accessible policy of this nature would serve to reduce the possibility of unfounded accusations and the risk of unequal enforcement.

However, the City/Stadium Authority is unable to implement the Recommendation in the proposed timeframe. The City/Stadium Authority will first consider and review a policy for adoption by July 31, 2023.

Additional time beyond the stated July 31, 2023 deadline was required to allow the new City Manager and City Attorney with sufficient time to familiarize themselves with the issues and existing processes to bring forward the proposed Policy. The proposed Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials (Policy) is being presented to the full Council for its consideration and approval.

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DISCUSSION
The City of Santa Clara owns the Santa Clara Convention Center (Convention Center) and the Santa Clara Stadium Authority owns Levi’s Stadium. Both public facilities are operated under contracts with third party management companies. Operational tours of these publicly owned facilities will benefit the City Council and Stadium Authority Board in their official roles as the respective governing boards of the Convention Center and Levi’s Stadium.

The proposed Policy establishes clear guidelines and procedures for how such operational tours will be conducted in a manner that is fully compliant with the requirements of the Ralph M. Brown Act (Brown Act), and state and local ethics laws. Below are key components of the proposed Policy.

City and Stadium Authority Officials Covered
The Policy applies only to City officials that are elected to the City Council and concurrently serve as members of the Stadium Authority Board. No other City/Stadium Authority officials or employees shall have access to operational tours of these facilities without the prior written approval of the City Manager/Executive Director or their designee.

Informational Purposes
An operational tour of the Convention Center or Stadium facility may be provided by City/Stadium Authority employees and/or the contracted operator of the Convention Center or Stadium, respectively. Every operational tour will be designed to provide touring City/Stadium Authority officials an opportunity to observe the various operations occurring at or around the facility premises before, during and after an event. Emphasis shall be on providing information that will be useful to the City/Stadium Authority officials in their decision-making capacity.

Special Rules for Operational Tours During Live Ticketed Events Operational tours conducted during live ticketed events will be subject to the following additional requirements:

1. Tours of areas with seating reserved for ticket holders with or without special access privileges (e.g., exclusive lounges, suites/private boxes, etc.) may occur but should be limited to no more than 30 minutes in any one such area, and no more than one (1) hour total for all such areas for the duration of any tour.

2. Any food or beverage provided and consumed by touring City/Stadium Authority officials other than what is routinely provided to City staff working at events during breaks shall be subject to applicable gift limits and disclosure requirements under state and local law.

3. No City/Stadium Authority official shall attend more than two (2) operational tours held during a live ticketed event within any consecutive twelve (12) month time period.

City/Stadium Authority officials that have purchased or otherwise obtained tickets to an event in a manner consistent with state and local laws may also request an operational tour at such event from the City Manager/Executive Director or their designee. In that case, all of the rules set forth in the Policy shall apply, except that such tour shall not be counted towards the limit on the number of allowed operational tours per 12-month period set forth in Rule Number 3, above, and the official may enjoy the benefits associated with their purchased ticket before or after the operational tour.

City/Stadium Authority officials may invite a guest to attend an operational tour at a live, ticketed City of Santa Clara Printed on 9/7/2023Page 2 of 5
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23-852 Agenda Date: 9/12/2023
event with prior approval from the City Manager/Executive Director or their designee, provided, however, any such guest shall be excluded from access to areas that may pose security risks, and must also abide by the rules set forth in this Policy.

No Gifts
Other than access badges (including access to parking) and printed facility-related informational materials, no other materials, merchandise or gifts shall be offered or accepted during an operational tour.

Reporting
City/Stadium Authority officials attending an operational tour that is subject to the City’s public calendar ordinance (Santa Clara City Code Chapter 2.160 - Calendars of Certain City Officials) shall include the operational tour as a listed and disclosed meeting.

Brown Act Compliance
In order to avoid the creation of a “meeting” for Brown Act purposes, no more than three City/Stadium Authority officials may participate in the same operational tour.

Exemptions
The Policy is not intended to prohibit City/Stadium Authority officials from purchasing a ticket to attend an event, receiving a ticket to attend an event from a third party subject to all applicable state and local laws (including gift limitations), or attending an event that is open and/or generally accessible to the public.

The Policy is also not intended to apply to City/Stadium Authority employees. City/Stadium Authority employees at the Convention Center or Stadium that are attending a live ticketed event as part of their scope of employment, or that are otherwise hired by the City/Stadium Authority or a facility manager to provide operational support services at an event, are not subject to the terms of the Policy. Standard state and local rules regarding gift limits and disclosure requirements would continue to apply to all City employees at an event.

Procedures
The Policy outlines the following procedures for the operational tours:

1. The City Manager/Executive Director or their designee will be the point of contact for City/Stadium Authority officials to request an operational tour of the Convention Center or Stadium.

2. The request should include the following:
a. Preferred date(s) and time(s), if any.
b. Operations that the elected official would like to observe during the tour. c. Names of other elected officials that may participate in the operational tour, if applicable. No more than three elected officials may participate in the same operational tour.

3. Requests should be submitted to the City Manager/Executive Director or their designee at City of Santa Clara Printed on 9/7/2023Page 3 of 5
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least fifteen (15) business days in advance of the requested tour date to provide sufficient time to coordinate the tour.

4. The City Manager/Executive Director’s Office will review the request and coordinate with the appropriate City/Stadium Authority employees and/or respective facility operator to schedule the operational tour and determine who will facilitate the tour (City/Stadium Authority employee (s), facility operator, or both).

5. Alternative dates and times may be offered to the City/Stadium Authority official if the preferred date(s) and/or time(s) are not feasible due to business reasons.

6. Once the operational tour has been scheduled, staff or the respective facility operator will send a confirmation email to the elected official with the date and time of the operational tour, instructions on where to meet for the tour, and an agenda outlining the information that will be covered during the tour.

7. Any access badges, brochures, and other informational materials received during the operational tour will be considered transitory documents not subject to the City’s Retention Policy or considered a public record. For security purposes, access badges should be returned to the tour organizer upon exiting the event, or as soon as practicable thereafter.

8. If any non-City/Stadium Authority officials/employees participated in the operational tour, after the conclusion of the tour, City/Stadium Authority officials should include on their public calendars, in accordance with Santa Clara City Code Chapter 2.160, the name(s), title(s), and affiliated organization(s) of all participants in the tour and general statement of the issues discussed during the tour.

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

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

COORDINATION
This report was 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.

City of Santa Clara Printed on 9/7/2023Page 4 of 5
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23-852 Agenda Date: 9/12/2023

RECOMMENDATION
Adopt a Resolution approving Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials.

Prepared by: Christine Jung, Assistant to the City Manager Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Resolution Adopting Council Policy 053 - Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials City of Santa Clara Printed on 9/7/2023Page 5 of 5
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Resolution/Adoption of Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ADOPTING A SANTA CLARA CONVENTION CEN TER AND
LEVI’S STADIUM POLICY FOR OPERATIONAL TOURS FOR

DESIGNATED CITY /STADIUM AUTHORITY OFFICIALS

WHEREAS, the City of Santa Clara (City) owns the Santa Clara Convention Center and the Santa Clara Stadium A uthority (Stadium Authority) owns Levi’s Stadium; WHEREAS, both facilities are operated under contracts with third party management companies;
WHEREAS, the City Council and Stadium Authority Board will benefit from receiving operationa l tours of these facilities to be fully informed decision makers with respect to these publicly owned assets; and,
WHEREAS, establishing a Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials will provide clear guidelines for how such operational tours will be conducted to give City Councilmembers and Stadium Authority Board Members access to the information they need, but to do so in a manner that is fully compliant with the require ments of the Ralph M. Brown Act, and state and local ethic laws.

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

1. That the Santa Clara Convention Center and Levi ’s Stadium Policy for Operational To urs for Designated City/Stadium Authority Officials, attached hereto as Attachment 1, is hereby approved and adopted and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

2. Effective date. This resolution shall become effective immediately . All Resolutions (or parts of Resolutions) in conflict with or inconsistent with this Resolution are hereby repealed.

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 12 TH DAY OF SEPTEMBER, 2023, BY THE FOLLOWING VOTE:

Resolution/Adoption of Santa Clara Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials Page 2 of 2 Rev: 7/27/2023
AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: __________________________ ____

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by refer ence:

1. Santa Clara Convention Center and Levi ’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials

City of Santa Clara
Policy and Procedure Manual

SANTA CLARA CONVENTION CENTER AND LEVI’S STADIUM POLICY

FOR OPERATIONAL TOURS FOR DESIGNATED CITY/STADIUM

AUTHORITY OFFICIALS
Council Consideration on 9/12/2023 P&P 053 Page 1 of 4 PURPOSE The City of Santa Clara (City) owns the Santa Clara Convention Center and the Santa Clara Stadium Authority (Stadium Authority) owns Levi’s Stadium. Both facilities are operated under contracts with third party management companies. In order to be fully informed decision makers with respect to these publicly owned assets, the City Council has determined that the City Council (also in their capacity as Stadium Authority Board Members)1 will benefit from receiving operational tours of these facilities, from time to time, including during live events.

The purpose of this policy is to establish clear guidelines for how such operational tours will be conducted, to give City Councilmembers and Stadium Authority Board Members access to the information they need, but to do so in a manner that is fully compliant with the requirements of the Ralph M. Brown Act (Brown Act), and state and local ethics laws.2

POLICY City/Stadium Authority Officials Covered . This policy shall apply only to City officials that are elected to the City Council and concurrently serve as members of the Stadium Authority Board. No other City/Stadium Authority officials or employees shall have access to operational tours of these facilities without approval from the City Manager/Executive Director or their designee.

Informational Purposes . A n operational tour of the Convention Center or Stadium facility may be provided by City/Stadium Authority employees and/or the contracted operator of the Convention Center or Stadium, respectively. Every operational tour will be designed to provide touring City/Stadium Authority officials an opportunity to observe the various operations occurring at or around the facility premises before, during and after an event. Emphasis shall be on providing information that will be useful to the City/Stadium Authority officials in their decision-making capacity.

1 The Stadium Authority is separate and distinct legal entity from the City; however, the seven elected members of the City Council also serve as the governing board for the Stadium Authority. 2 Note: this policy is not intended to serve as a City/Stadium Authority tickets policy for events at the Convention Center or Stadium Authority. Requirements for issuance or receipt of tickets for these facilities shall be governed by state law and, if and when adopted, a separate set of local rules.

Council Consideration on 9/12/2023 P&P 053 Page 2 of 4 Special Rules for Operational Tours During Live Ticketed Events.

Operational tours conducted during live ticketed events shall be subject to the following additional requirements:

2. Any food or beverage provided and consumed by touring City/Stadium Authority officials other than is what is routinely provided to City staff working at events during breaks shall be subject to applicable gift limits and disclosure requirements under state and local law. 3

3. No City/Stadium Authority official shall attend more than two (2) operational tours held during a live ticketed event within any consecutive twelve (12) month time period.

City/Stadium Authority officials that have purchased or otherwise obtained tickets to an event in a manner consistent with state and local laws may also request an operational tour at such event from the City Manager/Executive Director or their designee. In that case, all of the rules set forth in this policy shall apply, except that such tour shall not be counted towards the limit on the number of allowed operational tours per 12-month period set forth in Rule Number 3, above, and the official may enjoy the benefits associated with their purchased ticket before or after the operational tour.

City/Stadium Authority officials may invite a guest to attend an operational tour at a live, ticketed event with prior approval from the City Manager/Executive Director or their designee, provided, however, any such guest shall be excluded from access to areas that may pose security risks, and must also abide by the rules set forth in this policy.

No Gifts. Other than access badges (including access to parking) and printed facility -related informational materials , no other materials, merchandise or gifts shall be offered or accepted during an operational tour.

Reporting. City/Stadium Authority officials attending an operational tour that is subject to the City’s public calendar ordinance (Santa Clara City Code Chapter 2.160 - Calendars of Certain City Officials) shall include the operational tour as a listed and disclosed meeting.

3 Ref. Council Policy 050 and State rules pertaining to gifts under the Political Reform Act including, but not limited to, the annual gift limitation set forth in Government Code Section 89503 and California Regulation 18940.2.

Council Consideration on 9/12/2023 P&P 053 Page 3 of 4 Brown Act Compliance. In order to avoid the creation of a “meeting” for Brown Act purposes, no more than three City/Stadium Authority officials may participate in the same operational tour.

Exemptions. This policy is not intended to prohibit City/Stadium Authority officials from purchasing a ticket to attend an event, receiving a ticket to attend an event from a third party subject to all applicable state and local laws (including gift limitations ), or attending an event that is open and/or generally accessible to the public.

This policy is also not intended to apply to City/Stadium Authority employees. City/Stadium Authority employees at the Convention Center or Stadium that are attending a live ticketed event as part of their scope of employment , or that are otherwise hired by the City/Stadium Authority or a facility manager to provide operational support services at an event, are not subject to the terms of this policy.

Standard state and local rules regarding gift limits and disclosure requirements would continue to apply to all City employees at an event.

PROCEDURES

1. The City Manager/Executive Director or their designee will be the point of contact for City/Stadium Authority officials to request an operational tour of the Convention Center or Stadium.

2. The request should include the following:
a. P referred date(s) and time(s), if any.
b. Operations that the elected official would like to observe during the tour.
c. Names of other elected officials that may participate in the operational tour, if applicable. No more than three elected officials may participate in the same operational tour.

3. Requests should be submitted to the City Manager/Executive Director or their designee at least fifteen (15) business days in advance of the requested tour date to provide sufficient time to coordinate the tour.

4. The City Manager/Executive Director ’s Office will review the request and coordinate with the appropriate City/Stadium Authority employees and/or respective facility operator to schedule the operational tour and determine who will facilitate the tour ( City/Stadium Authority employee(s) , facility operator, or both).

Council Consideration on 9/12/2023 P&P 053 Page 4 of 4

5. Alternative dates and times may be offered to the City/Stadium Authority official if the preferred date(s) and/or time(s) are not feasible due to business reasons.

6. Once the operational tour has been scheduled, staff or the respective facility operator will send a confirmation email to the elected official with the date and time of the operational tour , instructions on where to meet for the tour, and an agenda outlining the information that will be covered during the tour.

2.160, the name(s), title(s), and affiliated organization(s) of all participants in the tour and general statement of the issues discussed during the tour.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1101 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Public Hearing: Action to Waive Second Reading and Adopt Ordinance No. 2063 Amending Chapter

15.60 of the Santa Clara City Code (“Santa Clara Municipal Fire and Environmental Code”) to adopt the 2022 Supplemental California Fire Code appendices, as amended.

BACKGROUND
At the August 22, 2023 Council meeting, a supplemental resolution was adopted to include additional findings of fact supporting amendment of several 2022 California Fire Code Appendices. Proposed Ordinance No. 2063 reflecting these amended Appendices was passed for the purpose of publication, and September 12, 2023, was set as the date for the public hearing for adoption of the state code by reference. A Notice of Public Hearing containing a summary of proposed Ordinance No. 2063 was published to the Santa Clara Weekly on August 30, 2023 and September 6, 2023, and copies were posted in three public places, in accordance with Government Code Sections 50022, et seq., and 6066.

DISCUSSION
The International Fire Code (IFC) is a model fire code that regulates minimum fire and life safety requirements for new and existing buildings, facilities, storage, and processes. The California Building Standards Commission adopts the International Fire Code with state-wide amendments on a triannual code adoption cycle. The City’s initial adoption process for the 2022 code adoption cycle was completed on November 1, 2022 and went into effect on January 1, 2023.

On April 4, 2023, the City of Santa Clara Fire Department received correspondence from the California Building Standards Commission noting that Part 9 of the 2022 California Fire Code Adoption of appendices E and N and the amendments to appendices B, C, and D required additional topographical, climatic, or geological findings. The proposed action is taken to address these issues raised by the state.

There were no substantive changes to the ordinance or resolution previously approved by the Council on November 1, 2022, beyond the specific findings requested by the State. Formatting, grammar, and section number modifications were necessary to incorporate the supplemental materials and improve accuracy.

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

City of Santa Clara Printed on 9/7/2023Page 1 of 2
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23-1101 Agenda Date: 9/12/2023

FISCAL IMPACT
There are no economic or fiscal impacts anticipated. Council has previously approved a cost recovery mechanism for the development and inspection mandates in the form of inspection fees in the Municipal Fee Schedule, as allowed by the Health and Safety Code.

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

PUBLIC CONTACT
A Notice of Public Hearing containing a summary of proposed Ordinance No. 2063 was published to the Santa Clara Weekly on August 30, 2023 and September 6, 2023, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.

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

RECOMMENDATION
Waive Second Reading and Adopt Ordinance No. 2063 Amending Chapter 15.60 of the Santa Clara City Code (“Santa Clara Municipal Fire and Environmental Code”) to adopt the 2022 Supplemental California Fire Code appendices, as amended.

Reviewed by: Ruben Torres, Fire Chief, Fire Department
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Ordinance No. 2063 (Intro)
City of Santa Clara Printed on 9/7/2023Page 2 of 2
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Supplemental Ordinance/Adoption of 2022 California Fire Code Page 1 of 7 Rev: 09/2019
ORDINANCE NO. 2063

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING CHAPTER 15.60 (“SANTA
CLARA MUNICIPAL FIRE AND ENVIRONMENTAL CODE”)
OF TITLE 15 (“BUILDING AND CONSTRUCTI ON”), OF
“THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA” TO ADOPT AND AMEND SEVERAL
APPENDICES OF THE 2022 CALIFORNIA FIRE CODE

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

WHEREAS, the State of California recently adopted and amended the 2021 International Fire Code to establish the 2022 California Fire Code;
WHEREAS, the 2022 California Fire Code went into effect on January 1, 2023; WHEREAS, the City of Santa Clara Fire Department was notified by the California Building Standards Commission that adoption of the 2022 California Fire Code Appendices and associated local amendments required additional climatic, geological, and/or topographical, findings;
WHEREAS, the 2022 California Fire Code is contained within, and is a subset of, the California Building Standards Code, which may be amended by a local jurisdicti on to establish more restrictive standards, pursuant to California Health and Safety C ode §18941.5 and §17958, et seq.;
WHEREAS, restrictive standards established by a local jurisdiction pursuant to this authority must be reasonably necessary because of l ocal climatic, geological, or topographical conditions; and,
//
//
//
Supplemental Ordinance/Adoption of 2022 California Fire Code Page 2 of 7 Rev: 09/2019
WHEREAS, the City of Santa Clara (“City”) finds it necessary to amend the 2022 California Fire Code, as adopted and amended by the State of California, in order to maintain a reasonable degree of fire and life safety within the City because of local climatic, geological, and/or topographical conditions, which conditions and findings are set forth in the accompanying Supplemental Resolution.

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

SECTION 1: That Chapter 15.60 “Santa Clara Fire and Environmental Code” of Title 15 “Building and Construction” of “The Code of the City of Santa Clara” (“SCCC”) is amended with the following:

15.60.480 Appendix B – Fire-flow requirements for buildings California Fire Code, Appendix B - Fire-flow requirements for buildings is hereby added in its entirety as amended below.

15.60.490 Appendix B – Fire-flow requirements for buildings California Fire Code Section B105.2 is hereby amended to read:

B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R- 4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.

Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:

Supplemental Ordinance/Adoption of 2022 California Fire Code Page 3 of 7 Rev: 09/2019

1. California State Parks buildings of an accessory nature (restrooms).

2. Safety roadside rest areas (SRRA), public restrooms.

3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.

4. Sand/salt storage buildings, storage of sand and salt.

The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).

15.60.500 Appendix C – Fire hydrant locations and distribution California Fire Code, Appendix C Fire Hydrants Locations and Distribution is hereby added in its entirety as amended below.

15.60.510 Appendix C - Number of fire hydrants
California Fire Code Section C102.1 is hereby amended to read:

C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without fire sprinkler reduction. //
//
//
//
//
Supplemental Ordinance/Adoption of 2022 California Fire Code Page 4 of 7 Rev: 09/2019

15.60.520 Fire hydrant spacing
California Fire Code Section C103 is hereby amended to read:

Section C103 Fire hydrant spacing
C103.1 Hydrant spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the California Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3, but in no case shall the average spacing be more than 300 feet on center.

15.60.530 Appendix D – Fire Apparatus Access Roads
California Fire Code, Appendix D – Fire Apparatus Access Roads is hereby added in its entirety as amended below.

15.60.540 Appendix D – Minimum specifications
California Fire Code Section D103.2 is hereby amended to read:

D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.

California Fire Code Section D103.3 is hereby amended to read:

D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.

California Fire Code Section D103.4 is hereby amended to read:
//
//
//
Supplemental Ordinance/Adoption of 2022 California Fire Code Page 5 of 7 Rev: 09/2019
D103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4, as approved by the fire code official.

California Fire Code Table D103.4 is hereby amended to read:

TABLE D103.4

REQUIREMENTS FOR DEAD-END

FIRE APPARATUS ACCESS ROADS

Length (feet) WIDTH (feet) TURNAROUDS REQUIRED
0 – 150 26 Not required, unless determined
necessary by the fire code official
151 – 500 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
500– 750 26 120-foot Hammerhead, 60-foot “Y”
or 96-foot-diameter cul-de-sac in
accordance with Figure D103.1
Over 750 Special approval required

California Fire Code Section D103.5 is hereby amended to read:

D103.5 Fire apparatus access road gates. Gates securing the fire apparatus access roads shall comply with all of the following criteria: the fire apparatus access roads shall comply with all of the following criteria:

1. Where a single gate is provided, the gate width shall be not less than 20 feet (6096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 20 feet (6096 mm).

2. Gates shall be of automatic horizontal swing, horizontal slide, vertical lift, or vertical pivot type.

3. Construction of gates shall be of materials that allow manual operation by one person.

Supplemental Ordinance/Adoption of 2022 California Fire Code Page 6 of 7 Rev: 09/2019

4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.

5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official.

6. Methods of locking shall be submitted for approval by the fire code official.

7. Electric gate operators, where provided, shall be listed in accordance with UL 325.

8. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.

15.60.550 Appendix E – Hazard categories
California Fire Code, Appendix E – Hazard Categories is hereby added in its entirety.

15.60.560 Appendix N – Indoor trade shows and exhibitions California Fire Code, Appendix N – Indoor Trade Shows and Exhibitions is hereby added in its entirety.

SECTION 2: Ordinances repealed. With the exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
//
//
//
//
SECTION 3: Savings clause . The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit , or proceeding pending or any judgment rendered prior to the effective date of this ordinance . All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 4: Effective date. This supplemental ordinance shall take effect thirty (30) days after its final adoption ; however , prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of 'The Charter of the City of Santa Clara, California " as well as California Government Code Sections 50022 .2, 50022.3, and 6066.

PASSED FOR THE PURPOSE OF PUBLICATION this 22No day of August, 2023, by the following vote:

AYES: COUNCILORS: Becker, Chahal, Hardy, Park, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

None
Jain
None
ATTEST: ~

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
Supplemental Ordinance/Adoption of 2022 California Fire Code Rev: 09/2019

Page 7 of 7 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1137 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on a Written Petition (Council Policy 030) Submitted by Councilmember Becker Requesting to Place an Agenda Item at a Future Council Meeting to Consider a Policy to Normalize and make Consistent Speaking at Public Events

BOARD PILLARS
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public or Council may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Council Written Request on September 5, 2023 requesting to place an agenda item at a future council meeting to consider a policy to normalize and make consistent speaking at public events. (Attachment 2).

Here is my 030 written petition to be placed on the September 12, 2023 Council meeting. I am submitting for council consideration a policy to normalize and make consistent speaking at public events. While this is not prevented, a narrow interpretation of supported policies often leaves Councilmembers without a channel to address their constituents, even within their own districts.

An inclusive policy would allow Councilmembers to address the public regardless of jurisdiction, especially within their representative districts. These interactions would be scheduled or agendized for each event and opportunity and coordinated with event planners, just like multi-jurisdictional events outside of the city. In addition, I would like this policy to also include powers for Councilmembers to declare proclamations in their respective districts. If city council agrees to this item, I would like it placed on the September 19
th meeting.

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

COORDINATION
City of Santa Clara Printed on 9/7/2023Page 1 of 2
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23-1137 Agenda Date: 9/12/2023
This report was 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
Staff makes no recommendation.

Prepared by: Nora Pimentel, Assistant City Clerk
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Policy and Procedure 030-Adding an item on the Agenda

2. Written Petition submitted by Councilmember Becker dated September 4, 2023 City of Santa Clara Printed on 9/7/2023Page 2 of 2
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RESOLUTION NO. 20-8895

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM

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

WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.

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

1. That Resolution No. 20-8809 is hereby rescinded in its entirety.

2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27rH DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

Chahal, Davis, Hardy, O'Neill, and Watanabe,
and Mayor Gillmor
None
None
None ---

ORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11 /22/17
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PURPOSE
POLICY

ADDING AN ITEM ON THE AGENDA
To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.

Members of the City Council:

The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.

Referral from a Council Committee:

Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. ·
Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.

Items Referred During a Council Meeting:

By Council action, an item may be referred to the City Manager for inclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 1 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possi ble

PROCEDURE

FOR WRITTEN

PETITIONS

ADD ING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:

Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.

1. All requests to address the City Council shall be submitted in writing.

Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to [email protected] .

2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.

Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 2 of 3
City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PROCEDURE

FOR WRITTEN

REQUESTS

FROM CITY

COUNCIL

ADD ING AN ITEM ON THE AGENDA

1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.

2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

Attachments: Council Item Request Form
Revised 10/27/2020
Resolution No. 20-8895
CP 030 Page 3 of 3
City of
Santa Clara
The Ce nter of What's Possi ble

COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council --------------------
Contact E-mail ___________________________ _
Contact Phone _ ____ ______________________ _
Today's Date ____________________________ _

WRITTEN REQUEST
I, __________________ , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
City of ' f!T" nr: :'lt._r:· ·Cb'tJNCIL ITEM REQUEST FORM Santa Clara
TheCenterofWhat 'sPossib le 2023 SEP - 5 p~ 4: 50
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council _A_n_th_o_ny_B_ec_k_e_r ______________ _ Contact E-mail [email protected]
Contact Phone 408 691 4907
----------------------------
Tod a y 's Date _9_14_12_0_2_3 _________________________ _

WRITTEN REQUEST
I, Anthony Becker , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

SEE BELOW
Here is my 0-30 written petition below to be placed on the September 12th council meeting.

I am submitting for council consideration a policy to normalize and make consistent speaking at public events. While this is not prevented, a narrow interpretation of supported policies often leaves Councilmembers without a channel to address their constituents, even within their own districts.

An inclusive policy would allow Councilmembers to address the public regardless of jurisdiction, especially within their representative districts. These interactions would be scheduled or agendasize for each event and opportunity and coordinated with event planners, just like multi jurisdictional events outside of the city. In addition, I would like this policy to also include powers for Councilmembers to declare proclamations in their respective districts . If city council agrees to this item I would like it placed on the September 19th meeting.

Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895

City Council and Authorities ConcurrentSeptember 12, 2023

City Council and Authorities Concurrent
September 12, 2023