City Council and Authorities Concurrent
September 12, 2023

City of Santa Clara
Meeting Agenda
Council and Authorities Concurrent Meeting
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
4:00 PMTuesday, September 12, 2023
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o 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://santaclara.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate 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.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.

NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Sant a Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the

Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023
Closed Session - 4:00 PM | Joint Dinner 5:00 PM | Regular Meeting - 7:00 PM 4:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Roll Call

1. Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jōvan Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen Googins
Employee Organization(s):

Units #5, 7 & 8-City of Santa Clara Employees Association Unit #9A-Unclassified Police Management Employees
23-1133
Convene to Closed Session (Council Conference Room)
Public Comment
The public may provide comments regarding the Closed Session item (s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public. 5:00 PM JOINT DINNER
Call to Order in the Council Chambers
Confirmation of a Quorum of Council Attendance
Roll Call of Senior Advisory Commission

2. Joint City Council and Senior Advisory Commission Dinner Meeting
23-743
7:00 PM COUNCIL REGULAR MEETING
*Open session to begin at 7:00 PM or shortly thereafter.

Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023

SPECIAL ORDER OF BUSINESS

3.A Proclaim Hispanic Heritage Month from September 15 - October 15, 2023
23-851

3.B Proclaim September 16, 2023, as Mahsa Amini Day23-1103

CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]

4.A Board, Commissions and Committee Minutes23-20
Note and file the Minutes of:

Bicycle and Pedestrian Advisory Committee - March 27, 2023 Bicycle and Pedestrian Advisory Committee - June 26, 2023 Planning Commission Special Meeting - January 26, 2023
Planning Commission - March 8, 2023
Senior Advisory Commission - July 24, 2023
Audit Committee - March 30, 2023
Recommendation:

4.B Action on the Santa Clara Convention Center FY 2022/23 4th Quarter Financial Status Report
23-866
Note and file the Santa Clara Convention Center
Financial Status Report for the 4th Quarter ending
June 30, 2023, as submitted by OVG.

Recommendation:

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023

4.C Actions on an Agreement for Professional Services with Wallace Roberts
& Todd, LLC in the Amount Not to Exceed $442,624 to
Develop a Comprehensive Citywide Parks & Recreation Master Plan and the Related Budget Amendment
23-920

1. Authorize the City Manager to execute an
Agreement with Wallace Roberts & Todd, LLC to
provide professional services for the development
of a Comprehensive Citywide Parks & Recreation
Master Plan, with a maximum compensation of
$442,624, subject to the appropriation of funds,
and in a final form approved by the City Attorney;

2. Authorize the City Manager to (a) take any actions
as necessary to implement and administer the
Agreement, (b) negotiate and execute
amendments to the Agreement to add, modify or
delete services consistent with the Agreement’s
scope of services, provided that the maximum
compensation is not exceeded, and (c) to extend
the term of the Agreement as required to complete
the services required to develop the Citywide
Parks & Recreation Master Plan, provided that the
maximum compensation is not exceeded; and

3. Approve the following FY 2023/24 budget
amendment in the Parks & Recreation Capital
Fund to increase the Parks & Recreation Master
Plan project appropriation by $142,700 and
decrease the Park Impact Fees Monitoring project
appropriation by the same amount (majority
affirmative Council votes required).

Recommendation:

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023

4.D Action on an Agreement with West Yost & Associates, Inc. with a
Maximum Compensation of $949,502 to Update the City’s
Water Supply Master Plan and to Approve the Related Budget Amendments
23-834

1. Authorize the City Manager to execute an
agreement with West Yost & Associates, Inc.
(Agreement), in substantially the form attached to
this Report to Council and subject to the review
and approval of the City Attorney, to update the
City’s Water Supply Master Plan, for a term
starting on or around September 1, 2023 and
ending on or around June 30, 2028, with a
maximum compensation not-to-exceed $949,502,
subject to the appropriation of funds;

2. Authorize the City Manager to (a) take any actions
as necessary to implement and administer the
Agreement and (b) extend the term of the
Agreement as required to complete the services
required to update the Water Master Plan,
provided that the maximum compensation is not
exceeded;

3. Authorize the Director of Water & Sewer Utilities to negotiate and execute amendments to the
Agreement to add, modify or delete services
consistent with the Agreement’s scope of
services, provided that the maximum
compensation is not exceeded; and

4. Approve the following FY 2023/24 budget
amendments:
a. In the Recycled Water Capital Fund,
establish a transfer to the Water Utility
Capital Fund and reduce the
unrestricted ending fund balance by
$168,118 (five affirmative Council
votes required for the use of unused
balances);
b. In the Sewer Utility Fund, establish a
transfer to the Water Utility Capital Fund
and reduce the unrestricted ending fund
balance by $50,000 (five affirmative
Council votes required for the use of
unused balances); and
c. In the Water Utility Capital Fund,
recognize a transfer of $168,118 from
Recommendation:

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023
the Recycled Water Capital Fund,
recognize a transfer of $50,000 from the
Sewer Utility Fund, reduce the
unrestricted ending fund balance by
$731,384, and increase the Asset
Management Program project by
$949,502 (five affirmative Council
votes required to appropriate
additional revenue and for the use
of unused balances).

4.E
Action on Addendum 5 to Software License Agreement Contract No. 2005-204 with Telvent USA LLC to Extend the Term of the Currently-Installed GIS System to April 22, 2026 and Increase Maximum Compensation for Enterprise-wide Software Licenses by $225,000 (Silicon Valley Power)
23-121

1. Authorize the City Manager to execute Addendum
5 to the Software License Agreement Contract No.
2005-204 with Schneider Electric Smart Grid
Solutions, LLC, to extend the term of the
currently-installed GIS system to April 22, 2026
and increase compensation by $225,000 for a
revised maximum compensation of $892,500 for
enterprise-wide licenses; and

2. Authorize the City Manager to negotiate and
execute future addendums to (a) extend the term of
the agreement for up to three additional years
through April 22, 2029; (b) adjust rates based on
number of users or as part of an extension of term;
and (c) add/delete functionalities and services
required to support future system requirements, for
a total maximum compensation amount
not-to-exceed $1,500,000 subject to budget
appropriations and review and approval as to
form by the City Attorney.

Recommendation:

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023

4.F 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
23-958

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 16th and 17th, 2023 at 958
Homestead Road, subject to the conditions
presented.

Recommendation:

4.G 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 23-1067
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.

Recommendation:

4.H 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
23-751

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.

Recommendation:

PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023

CONSENT ITEMS PULLED FOR DISCUSSION

PUBLIC HEARING/GENERAL BUSINESS

5. 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
23-951
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.

Recommendation:

6. 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 - Deferred from August 22, 2023
23-1071
Alternative 1 and 2.

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).

Recommendation:

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023

7. Action on Proposed Council Policy 053 - Santa Clara
Convention Center and Levi’s Stadium Policy for Operational Tours for Designated City/Stadium Authority Officials
23-852
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.

Recommendation:

8. 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.
23-1101
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.

Recommendation:

WRITTEN PETITION (COUNCIL POLICY 030) SUBMITTED BY THE PUBLIC/COUNCIL

9. 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
23-1137
Staff makes no recommendation.Recommendation:

REPORTS OF MEMBERS AND SPECIAL COMMITTEES

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next regular scheduled meeting is on Tuesday, September 19, 2023 in the City Hall Council Chambers.

Council and Authorities Concurrent
Meeting
Meeting Agenda September 12, 2023
Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.

AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.

Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) 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.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities 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, programs, 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, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 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 communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City's ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1133 Agenda Date: 9/12/2023

SUBJECT
Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jōvan Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen Googins
Employee Organization(s):

Units #5, 7 & 8-City of Santa Clara Employees Association Unit #9A-Unclassified Police Management Employees
City of Santa Clara Printed on 9/7/2023Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-743 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Joint City Council and Senior Advisory Commission Dinner Meeting

BACKGROUND
On July 19, 2016, the City Council approved publicly noticed joint dinner meetings between the City Council and Boards and Commissions in an effort to increase communication between City Council and City boards, committees, and commissions.

During the COVID-19 pandemic, these meetings were suspended and thus these joint meetings have not taken place since February 25, 2020.

DISCUSSION
As a continued commitment to enhance communication between the City Council and boards, committees, and commissions, the City Council will recommence their meetings with City boards, committees, and commissions for regular updates. On September 12, 2023, the Senior Advisory Commission will meet with the City Council for a joint dinner meeting.

The meeting agenda (Attachment 1) will begin with introductions from the Mayor, City Councilmembers, Commissioners, and City staff. The City Manager will then present an update on the organization and also discuss the need to enhance the annual Board and Commission workplan development process to align with the City Council priority setting process. The presentation will include an organizational update on the City, the annual board and commission workplan process, and Board accomplishments. The Senior Advisory Commission will present an update on accomplishments in the past year.

The Council and staff look forward to the upcoming joint dinner meeting with the Senior Advisory Committee.

ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a City of Santa Clara Printed on 9/7/2023Page 1 of 2
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23-743 Agenda Date: 9/12/2023
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.

Reviewed by: Maria Le. Assistant to the City Manager, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Joint City Council and Senior Advisory Commission Dinner Meeting Agenda City of Santa Clara Printed on 9/7/2023Page 2 of 2
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Joint City Council and Senior Advisory Commission Meeting

AGENDA
Tuesday, September 12, 2023
5 p.m.

City Council Chambers

Item Agenda Topic Who
1 Welcome Mayor Lisa M. Gillmor
2 Introductions
• City Council Members
• Commission Members
• Staff
All
3 City Manager Presentation
• Organizational Update
• Discuss the need to enhance annual Board &
Commission Workplan Development Process and
align with the City Council Annual Priority Setting
Process

City Manager Jōvan D. Grogan
4 Discussion
• Commission Accomplishments and Workplan
Since Last Council Dinner
All

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-851 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Proclaim Hispanic Heritage Month from September 15 - October 15, 2023

BACKGROUND
In 1968, President Lyndon B. Johnson signed a proclamation to establish Hispanic Heritage Week.

The proclamation recognized the fact that five Central American countries - Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua - celebrate their respective Independence Days on September

15. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18, respectively.

In 1988, Congress passed legislation to amend the original resolution and establish an entire month in honor of Hispanic heritage, leaders, and culture. President George H.W. Bush issued a presidential proclamation the following year to establish National Hispanic Heritage Month so that we can honor, celebrate, and thank Hispanic Americans for their many contributions to the country and culture of the United States.

For 2023, the theme focuses on prosperity, power, and progress, recognizing the significant strides of Hispanics in the economic, political, and social growth of the U.S. under the theme “Latinos: Driving Prosperity, Power, and Progress in America.”

DISCUSSION
On September 12, 2023 the Council will proclaim the period of September 15 through October 15, 2023 as Hispanic Heritage Month in the City of Santa Clara. La Misión Colectiva from Mission College will be present to accept the proclamation.

ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a City of Santa Clara Printed on 9/7/2023Page 1 of 2
powered by Legistar™
23-851 Agenda Date: 9/12/2023
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.

Reviewed by: Fiona Kirby, Management Analyst, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager, City Manager’s Office City of Santa Clara Printed on 9/7/2023Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1103 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Proclaim September 16, 2023, as Mahsa Amini Day

BACKGROUND
On September 16, 2022, in Iran, Mahsa Amini, a 22-year-old Iranian woman, died in police custody after having been arrested on the basis of inadequate head covering. The City of Santa Clara received requests from several Santa Clara residents and community members to name September 16, 2023 as Mahsa Amini Day.

On November 13, 2012, the City of Santa Clara adopted Ordinance No. 1899 to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination, including discrimination based on age, race, color, creed, religion, national origin, ancestry, disability, marital status, sex, gender, gender identity, and sexual orientation. The City of Santa Clara recognizes Mahsa Amini Day as a tribute to Mahsa Amini’s courage and the countless women around the world who have suffered gender injustice and continue to advocate for their fundamental human rights and freedom.

DISCUSSION
The City of Santa Clara will officially proclaim September 16, 2023, as Mahsa Amini Day.

ENVIRONMENTAL REVIEW
This is an informational report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

FISCAL IMPACT
There is no fiscal impact other than staff time for preparing this report.

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

Reviewed by: Fiona Kirby, Management Analyst, Mayor and Council Office Approved by: Jōvan D. Grogan, City Manager
City of Santa Clara Printed on 9/7/2023Page 1 of 1
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-20 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Bicycle and Pedestrian Advisory Committee - March 27, 2023 Bicycle and Pedestrian Advisory Committee - June 26, 2023 Planning Commission Special Meeting - January 26, 2023
Planning Commission - March 8, 2023
Senior Advisory Commission - July 24, 2023
Audit Committee - March 30, 2023
City of Santa Clara Printed on 9/7/2023Page 1 of 1
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City of Santa Clara
Meeting Minutes
Bicycle & Pedestrian Advisory Committee
Draft
4:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95051
03/27/2023
The City of Santa Clara is conducting the Bicycle and Pedestrian Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
https://santaclaraca.zoom.us/j/95582744643
Meeting ID: 955 8274 4643 or

Phone: 1 (669) 900-6833
1 CALL TO ORDER AND ROLL CALL
Chair Hardy called the meeting to order at 4:05 PM.

Chair Karen Hardy, Member Perry Penvenne, Member Betsy Megas, Member Diane Harrison, Member Cecily Cox, Member Bruce
Donoghue, Member Jane Casamajor, and Member Sukrit Ganesh Present 8 -
Vice Chair Sudhanshu JainExcused 1 -
Member Lloyd ChaAbsent 1 -
2 REPORTS FOR COMMITTEE INFORMATION
A. 23-278 Countywide Trails Master Plan Map Update (Santa Clara County Parks) Video [00:11:59]
Ms. Coates-Maldoon from Santa Clara County Parks provided a presentation regarding an update to the Countywide Trails Master Plan which includes updating the trails map within the plan to add in new trails.

Committee comments and questions followed the presentation.

Ms.Coates-Maldoon addressed Committee questions.

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
3 PUBLIC PRESENTATIONS
Video: [01:06:40]
Thomas Granvold stated that Dave Schneider who was the Executive Director of the San Francisco Bicycle Coalition use to advocate for sharrows on the street back in the 90s, but has changed his mind saying they are useless. Mr. Granvold agrees with Mr. Schneider. The City of London has 40 percent bicycle share during peak traffic hours and City should set same goals. The City of Sonoma has wayfinding signs for bicycles.

Ken Kratz requested City Engineer, Mr. Liw, elaborate on his comments made at the January 2023 BPAC meeting related to the expense to acquire lot frontage by eminent domain and the problem of relocating sidewalk to add a bike lane on the Lafayette Street project. He stated Mr.

Liw noted those alternatives Mr. Kratz suggested would not work, however City used them in the past. Mr. Kratz felt those decisions were in the realm of BPAC's responsibilities. He would like his queries responded to by Mr.

Liw.

Edmund Drozek from the Senior Advisory Commission commented on the pedestrian crossing at San Tomas at Monroe Street which is both a bike and ped crossing heavily used by seniors and people of all ages. The traffic light put at the location is a street crossing light and there is no street there and just a pedestrian crossing. He was told by Mr.Liw the City will put up reflective yellow tape around the signal light which is a good start.

However, Mr. Drozek is requesting a HAWK light at this location and should give proper consideration for it. He also mentioned that the San Tomas Creek Trail fence needs major repair.

Ed Mauer shares photos of a stretch of sidewalk taken in 2017 at Los Olivos and Homestead intersection facing eastbound and his concern is street signs, lamp posts, and utility poles placed right in the sidewalk which narrows the sidewalk for people walking, especially together. Six years later this situation has gotten worse as he presents other locations with same issue. Mr. Mauer would like that these signs and posts not be placed in the middle of the sidewalk. City needs to either expand the sidewalks and move fences, if needed, to make it easier and more pleasant for pedestrians to walk.

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
4 CONSENT CALENDAR
A. 23-280 Bicycle and Pedestrian Advisory Committee Meeting Minutes of January 23, 2023 (Chair Hardy)
Recommendation: Approve the Bicycle and Pedestrian Advisory Committee Meeting Minutes of January 23, 2023.

Video: [01:19:00]
Public Speaker(s): Thomas Granvold, Ken Kratz
A motion was made by Member Harrison, seconded by Member Megas, that the January 23, 2023 meeting minutes be Approved as amended.

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Harrison, Member Cox, Member Donoghue, Member Casamajor, and Member Ganesh
8 -
Excused: Vice Chair Jain1 -

Absent: Member Cha1 -
5 REPORTS FOR COMMITTEE INFORMATION (CONTINUED)
B. 23-283 Police Verbal Update (Wilson)
Video: [01:24:50]
Officer Gutierrez filled in for Officer Wilson and provided an update on recent bicycle and pedestrian collisions.

Committee comments and questions followed.

Officer Gutierrez addressed Committee questions.

Public Speaker(s): Gabby Landaveri, Tom Freitas, Ken Kratz, Thomas Granvold, Daryl Sells
6 REPORTS OF SPECIAL COMMITTEES

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A. 23-288 Subcommittee on Police Collision History (Cha, Donoghue, and Cox) Video: [02:05:40]
Member Donoghue, Chair Hardy, and Mr. Liw provided comments related to the previous discussion with Officer Gutierrez on the Police Verbal Update agenda item.
7 REPORTS FOR COMMITTEE INFORMATION (CONTINUED)
C. 23-281 Public Works Verbal Update (Liw)
Video: [02:11:11]
Mr. Liw discussed with BPAC the vacancies within the Traffic Division, announced the award of receiving grant funding for a Vision Zero Study, provided a shared mobility update, the Santa Clara Valley Transportation Authority (VTA) submitting a Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grant application for their Central Bikeway project in February 2023, and meeting with City Council to provide them an update on the VTA Bart Phase II project.

Committee comments and questions followed.

Mr. Liw addressed Committee questions.

Public Speaker(s):Thomas Granvold, Gabby Landaveri

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
D. 23-284 VTA BPAC Verbal Update (Megas)
Video: [02:32:35]
Member Megas provided an update related to the VTA BPAC.

Committee comments and questions followed.

Member Megas addressed Committee questions.

Public Speaker(s): Ken Kratz
E. 23-285 Grant Activity Verbal Update (Shariat)
Video: [02:58:04]
Ms. Shariat provided an update related to recent grant activity.

Committee comments and questions followed.

Ms. Shariat and Mr. Liw addressed Committee questions.

Public Speaker(s): Ken Kratz
F. 23-286 2023 Annual Paving Project Complete Streets Review (Shariat) Video: [03:24:23]
Ms. Shariat requested the BPAC provide a complete streets review of the plans related to the 2023 Annual Maintenance and Rehabilitation project.

This project was first brought to BPAC at their June 2022 meeting.

Committee comments and questions followed.

Ms. Shariat and Mr. Liw addressed the comments.

Public Speaker(s): Ken Kratz, Thomas Granvold

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
G. 23-291 Walsh Avenue/Martin Avenue Class IV Bikeway Planning Study (Shariat) Video: [04:04:14]
TJKM Consultants provided a presentation on the Walsh Avenue/Martin Avenue Class IV Bikeway Planning Study. TJKM was seeking initial feedback and comments on the two corridors as to how to best implement bicycle facilities on these two roadways.

Committee questions and comments followed.

TJKM and Ms. Shariat responded to the questions.

Public Speaker(s):Thomas Granvold, Gabby Landaveri, Ken Kratz H. 23-292 De La Cruz Boulevard/Coleman Avenue Bikeway Planning Study (Shariat) Video:[04:48:52]
Kimley Horn provided a presentation on the De La Cruz
Boulevard/Coleman Avenue Bikeway Planning Study. Kimley Horn was seeking initial feedback and comments on the two corridors as to how to best implement bicycle facilities on these two roadways.

Committee questions and comments followed.

Kimley Horn and Ms. Shariat responded to the questions.

Public Speaker(s):Thomas Granvold, Gabby Landaveri, Ken Kratz

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
I. 23-293 Monroe Street Class II Buffered Bikeway Planning Study (Garcia) Video:[05:15:55]
Alta Planning provided a presentation on the Monroe Street Class II Buffered Bikeway Planning Study. Alta Planning was seeking initial feedback and comments on the corridor as to how to best implement a bicycle facility on this roadway.

Committee questions and comments followed.

Alta Planning and Mr. Garcia responded to the questions.

Public Speaker(s):Thomas Granvold, Gabby Landaveri, Ken Kratz J. 23-294 Benton Street Bicycle Lanes (Garcia)
Video:[05:54:19]
Alta Planning provided a presentation on the Benton Street Bicycle Lanes project. Alta Planning was seeking initial feedback and comments on the corridor as to how to best implement a bicycle facility on this roadway.

Committee questions and comments followed.

Alta Planning and Mr. Garcia responded to the questions.

Public Speaker(s):Thomas Granvold, Gabby Landaveri, Ken Kratz

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
K. 23-295 Traffic Calming on Benton Street (Garcia)
Video:[06:25:08]
Mr. Garcia provided information to the BPAC related to the City's Neighborhood Traffic Calming Program. BPAC was interested in having traffic calming on Benton Street between San Tomas and Lawrence Expressway due to high speeds on this section of roadway.

Committee questions and comments followed.

Mr. Garcia and Mr. Liw responded to the questions.

Public Speaker(s): Gabby Landaveri, Ken Kratz
8 REPORTS OF SPECIAL COMMITTEES (CONTINUED)
B. 23-287 Subcommittee on Bicycle Story Maps (Cha, Megas, Penvenne, and Cox) Video: [06:56:25]
Subcommittee had no updates to provide.

Public Speaker(s): None.

C. 23-289 Subcommittee on Bike to Shop Day (Harrison, Megas, and Kratz) Video: [06:56:41]
Member Harrison provided an update on Bike to Shop Day and polled the other BPAC Members if they received any donations from the vendors to give to the public.

Public Speaker(s): None.

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
D. 23-290 Subcommittee on Roundabouts (Harrison, Megas, Cha, Ganesh, and Kratz)
Video: [07:03:52]
Chair Hardy asked the Subcommittee if they would shift to looking at traffic calming in a more general form to assist with the research and provide that information to staff. The Subcommittee seemed interested in that idea. Ken Kratz then wanted a response to a four page email given to Chair Hardy, on behalf of the Subcommittee, to be forwarded to City Engineering staff related to rejection of roundabouts on Forbes Avenue.

Ken Kratz wanted this email forwarded to both Traffic and Fire Department staff to respond to items in the email and has yet to get a response.

Public Speaker(s): None.
9 TOPICS FOR FUTURE MEETINGS
Video: [07:10:09]
Chair Hardy requested to add the Santa Clara Station Area Task Force to the BPAC agenda. Member Casamajor is on the task force and will be reporting out to the BPAC what is discussed at these meetings.

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
10 ANNOUNCEMENTS
Video: [07:11:00]

1. Chair Hardy announced Bike to Shop Day on May 27, 203 starting at 11 AM.

2. Member Megas announced San Jose will host Viva Calle on Sunday, April 23,2023 at 10 AM. Bike Month is coming up in May 2023 and Bike to Wherever Days is also scheduled in May 2023. Silicon Valley Bike Coalition (SVBC) hosted a community ice cream bicycle ride and Member Megas also went to Regnart Creek Trail segment opening in City of Cupertino.

3. Ms. Shariat announced that the Senior Health and Wellness Fair would be scheduled on Friday, May 19th from 11 AM to 2 PM at Fremont Park.

The City coordinator of the event wanted to see if BPAC would be willing to help out at their energizer station. Bike to Work Day is May 18th and City will team with Silicon Valley Power (SVP) to help out at their energizer station. The City will also have our consultants at the energizer station to promote our bike planning studies. Bike to Wherever Days are May 18th through the 20th.

4. Gabby Landaveri stated that on the SVBC website one can see where all the energizer stations are located. Ms. Landaveri normally helps out at the Central Park Library energizer station.
11 ADJOURNMENT
Chair Hardy adjourned the meeting at 11:24 PM.

03/27/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities 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, programs, 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, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 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 communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara
Meeting Minutes
Bicycle & Pedestrian Advisory Committee
Draft
4:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95051
06/26/2023
The City of Santa Clara is conducting the Bicycle and Pedestrian Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
https://santaclaraca.zoom.us/j/95582744643
Meeting ID: 955 8274 4643 or

Phone: 1 (669) 900-6833
1 CALL TO ORDER AND ROLL CALL
Chair Hardy called the meeting to order at 4:08 PM.

A motion was made by Member Casamajor, seconded by Member Perry, to excuse the absences of Members Cha, Cox, Ganesh, and Vice Chair Jain. The motion carried by the following vote:

Chair Karen Hardy, Member Perry Penvenne, Member Betsy Megas, Member Diane Harrison, Member Bruce Donoghue, and Member Jane Casamajor
Present 6 -
Vice Chair Sudhanshu Jain, Member Lloyd Cha, Member Cecily Cox, and Member Sukrit Ganesh
Excused 4 -

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
2 PUBLIC PRESENTATIONS
Video: [00:03:58]
Edmund Drozek commented on the maintenance of the San Tomas Aquino Creek Trail and access improvements at Walsh Avenue.

Tom Freitas commented on promoting the bicycling exercise for seniors and the maintenance of the trail system and city streets.

Ken Kratz commented that the Bicycle and Pedestrian Advisory Committee should take a comprehensive view of bike planning projects and City Council create a commission to encourage mode shift and to generate revenue for funding bicycle projects. He also mentioned the "Not Just Bikes" YouTube channel and commented that the City actions on bicycle and pedestrian issues are slow during the current climate crisis.

Gabriela Landaveri commented on the safety issues at intersection of the San Tomas Aquino Creek and Monroe street.
3 CONSENT CALENDAR
A. 23-691 Bicycle and Pedestrian Advisory Committee Meeting Minutes of March 27, 2023 (Chair Hardy)
Recommendation: Approve the Bicycle and Pedestrian Advisory Committee Meeting Minutes of March 27, 2023.

Video [00:15:07]
A motion was made by Member Megas, seconded by Member
Harrison, that this item be Approved as amended. The motion carried by the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Harrison, Member Donoghue, and Member Casamajor
6 -
Excused: Vice Chair Jain, Member Cha, Member Cox, and Member Ganesh4 - 4 REPORTS FOR COMMITTEE INFORMATION

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A. 23-692 Police Verbal Update (Wilson)
Video: [00:19:35]
Officer Wilson provided two examples of recent bicycle and pedestrian-involved collisions to the Committee.

Committee comments and questions followed regarding infrastructure improvements.

Public Speakers comments and questions followed.

Officer Wilson addressed Committee questions.

Public Speaker(s): Gavin Achtemeier, Thomas Granvold, Ken Kratz, Gabriela Landaveri
5 REPORTS OF SPECIAL COMMITTEES
A. 23-694 Subcommittee on Police Collision History (Cha, Donoghue, and Cox) This item was deferred to the future meeting.
6 REPORTS FOR COMMITTEE INFORMATION (CONTINUED)
B. 23-695 Public Works Verbal Update (Liw)
Video [00:43:57]
Mr. Liw provided an update to the Committee, including the Traffic Engineering division vacancy and recruitment, introduction of new staff, Shared Mobility Program, and Council approved items in April, May, and June 2023.

Committee comments and questions regarding the adaptive signal system, staff responsibilities, on-demand shuttle program, shared mobility data, and BART.

Mr. Liw addressed Committee questions.

Public Speaker(s): Thomas Granvold, Gavin Achtemeier, Ken Kratz, Tom Freitas

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
C. 23-696 VTA BPAC Verbal Update (Megas)
Video: [1:16:10]
Member Megas provided an update related to the VTA BPAC.

Committee comments and questions followed.

Member Megas and Mr. Liw addressed committee questions.

Public Speaker(s): Ken Kratz
D. 23-774 Santa Clara Station Area Task Force Update (Casamajor) Video [01:30:47]
Member Casamajor provided an update on Santa Clara Station Area Task Force.

Public Speaker(s): none.

E. 23-697 Grant Activity Verbal Update (Shariat)
Video [01:32:00]
Ms. Shariat provided an update on recent grant related activity.

Committee comments and questions followed.

Ms. Shariat and Mr. Liw addressed Committee questions.

Public Speaker(s): Gavin Achtemeier, Ken Kratz

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
F. 23-710 Safe Routes to School Program Update (Shariat) Video [01:47:15]
Ms. Shariat and Ms. Hines presented an update on the Safe Routes to School program.

Committee comments and questions followed.

Ms. Hines addressed Committee questions.

Public Speaker(s): Thomas Granvold, Ken Kratz, Gabriela Landaveri G. 23-711 Stevens Creek Boulevard Visioning Study (Liw) Video [02:47:05]
Mr. Liw presented on the Stevens Creek Boulevard Visioning Study, including the study background, scope, schedule, and engagement plan.

Committee comments and questions followed regarding project scope, land use, road user safety on Stevens Creeks Boulevard, community engagement stakeholders and strategies.

Mr. Liw addressed Committee questions.

Public Speaker(s): Gavin Achtemeier,Thomas Granvold, Ken Kratz, Jenn Rodrigues
H. 23-771 San Tomas Aquino Creek Trail Enhancements (Garcia) Video [03:31:25]
Mr. Garcia provided an update on the San Tomas Aquino Creek Trail plan and enhancements.

Committee comments and questions followed.

Mr. Garcia addressed Committee questions.

Public Speaker(s): Gavin Achtemeier , Thomas Granvold, Ken Kratz, Gabriela Landaveri

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
I. 23-750 Bicycle Parking and Racks (Shariat)
Video [03:58:12]
Ms. Shariat provided information on bicycle parking and racks including recommended spot improvements, the City’s process of adding new bicycle parking and racks, and the BikeLink program.

Committee comments and questions followed.

Ms. Shariat addressed Committee questions.

Public Speaker(s): Gavin Achtemeier, Thomas Granvold, Ken Kratz, Jenn Rodriguez
J. 23-772 Speed Humps
Video [04:30:00]
Mr. Liw provided information on speed humps.

Committee comments and questions followed. Calls were renewed for a re-write of the 1999 traffic calming policy.

Mr. Liw addressed Committee questions.

Public Speaker(s): Ken Kratz
K. 23-773 Leading Pedestrian Intervals
Video [04:59:30]
Mr. Liw provided information on leading pedestrian intervals.

Committee comments and questions followed.

Mr. Liw addressed Committee questions.

Public Speaker(s): Ken Kratz, Gavin Achtemeier
7 REPORTS FOR COMMITTEE ACTION

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
A. 23-709 2024 Annual Paving Project - List of Streets (Shariat) Recommendation: Approve the staff recommended bicycle facilities for the 2024 annual maintenance and rehabilitation project.

Video [05:11:32]
Ms. Shariat presented information on the recommended bicycle facilities for the 2024 annual maintenance and rehabilitation project.

Committee comments and questions followed.

Ms. Shariat addressed Committee questions.

Public Speaker(s): Thomas Granvold, Ken Kratz, Gavin Achtemeier A motion was made by Member Donoghue, seconded by Member Casamajor, to approve staff's recommendation. The motion carried by the following vote:

Aye: Chair Hardy, Member Penvenne, Member Megas, Member Harrison, Member Donoghue, and Member Casamajor
6 -
Excused: Vice Chair Jain, Member Cha, Member Cox, and Member Ganesh4 - 8 REPORTS OF SPECIAL COMMITTEES (CONTINUED)
B. 23-698 Subcommittee on Bicycle Story Maps (Cha, Megas, Penvenne, and Cox) This item was deferred to future meeting.

C. 23-699 Subcommittee on Bike to Shop Day (Harrison, Megas, and Kratz) Video [05:28:28]
Member Harrison provided an update on Bike to Shop Day.

Public Speaker(s): Ken Kratz

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
D. 23-700 Subcommittee on Roundabouts (Harrison, Megas, Cha, Ganesh, and Kratz)
Video [05:33:28]
Mr. Kratz provided an update that the subcommittee looked at the difference between traffic circles and roundabouts and requested staff responses on the list of clarification questions.

Committee comments and questions followed.

Mr. Garcia addressed Committee questions.

TOPICS FOR FUTURE MEETINGS

ANNOUNCEMENTS

ADJOURNMENT
The meeting was adjourned at 9:54 PM.

The next regular scheduled meeting will be on Monday, August 28, 2023 at 4:00 PM.

Adjourned

06/26/2023Bicycle & Pedestrian Advisory
Committee
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities 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, programs, 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, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 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 communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM City Hall Council Chambers and Via Zoom01/26/2023 NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the undersigned calls for a Special Meeting of the Planning Commission to commence and convene on January 26, 2023, at 6:00 pm for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, and via Zoom to consider the following matter(s) and to potentially take action with respect to them.

The City of Santa Clara will be conducting Planning Commission meetings in a hybrid manner (in-person and virtual attendance). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 23-9178, Commissioners may teleconference from remote locations. The City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment (available during the meeting) The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; (Comments received after 12:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting) and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.
6:00 PM SPECIAL MEETING
Call to Order
Chair Cherukuru called the meeting to order at 6:02 pm

01/26/2023Planning Commission Meeting Minutes
Pledge of Allegiance and Statement of Values
Secretary Bhatnagar read the Statement of Values

ROLL CALL
Absent 1 - Vice Chair Herro
Commissioner Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Chair Priya Cherukuru, Commissioner Qian Huang, Commissioner Mario Bouza, and Commissioner Lance Saleme
Present 6 -
A motion was made by Commissioner Saleme, seconded by
Commissioner Biagini to excuse Commissioner Herro's absence.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -

DECLARATION OF COMMISSION PROCEDURES
Secretary Bhatnagar read the Declaration of Procedures.

CONTINUANCES/EXCEPTIONS
None

CONSENT CALENDAR
There are no consent items.

PUBLIC PRESENTATIONS
None.

PUBLIC HEARING

01/26/2023Planning Commission Meeting Minutes

1. 23-148 Amendment to the City of Santa Clara General Plan by Adopting an Updated Housing Element for the 2023-2031 Housing Element Cycle - Continued from the January 23, 2023 Planning Commission Special Meeting
Recommendation:

Alternative: 1 & 2

1. Recommend the City Council Adopt the Addendum to the Environmental Impact Report

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

Planner John Baty provided the staff presentation.

Commissioner Biagini announced she had met with Matthew Reed at SV@Home
Commissioners inquired on several topics including low income and affordability; public outreach efforts, statistics on population increase/decrease in the City.

Housing Division Manager Adam Marcus addressed questions regarding outreach that took place with low income residents.

Director of Community Development Andrew Crabtree and Assistant Director of Community Development Reena Brilliot answered Commissioner questions.

Meeting went into Recess at 8:00 pm and reconvened at 8:06 pm Public Speakers
Matthew Reed, Silicon Valley@HOME
Rigo Gallardo, Caprenters Union
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close public hearing.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
Excused: Vice Chair Herro1 -
Motion was made by Commissioner Biagini, seconded by
Commissioner Saleme to Approve Staff Recommendation 1.

01/26/2023Planning Commission Meeting Minutes

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
Excused: Vice Chair Herro1 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme to Approve Staff Recommendation 2 with SV@Home’s proposed changes to Action Item 13. As revised, the first bullet point of Action Item 13 would read as follows:

Within one year of Housing Element adoption, evaluate and provide recommendations to City Council on new programs and policies that prevent displacement and/or facilitate soft landings when relocation is unavoidable. This evaluation will include the following policy areas at a minimum:

1. Requiring no net loss of residential units during the construction of new housing or rehabilitation of existing housing.

2. Requiring the replacement of existing income-restricted, and unrestricted affordable units at the same or lower income level as a condition of development.

3. Requiring landlords to notify tenants and the City at least one year in advance of redevelopment and/or potential conversion of an income restricted property to market rate housing. Provide information regarding tenant rights and conversion procedures.

4. Require developers to provide relocation benefits beyond those required by the state.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
Excused: Vice Chair Herro1 -
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items

2. Commissioner Travel and Training Reports, Requests to attend Trainings Commissioners provided input on their attendance at the January 26, 2023 Silicon Valley Leadership Group conference.

Staff Aide II Elizabeth Elliott provide updates regarding the Commissioners request to have ILG provide a Study Session on Public Outreach Best Practices.

01/26/2023Planning Commission Meeting Minutes
Retroactive Vote to Approve Commissioner attendance at Silicon Valley Business Journal Economic Forecast Conference on January 26, 2023
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to retroactively approve expenditure of funds for SVLG January 26, 2023 Conference in the amount of $285 Excused: Commissioner Herro

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided budget updates.

2. Upcoming Agenda Items
Planning Manager Lesley Xavier provided updates.

3. City Council Actions
Planning Manager Lesley Xavier provided updates.

ADJOURNMENT:

A motion was made by Commissioner Bouza, seconded by
Commissioner Biagin to adjourn the meeting.

Meeting adjourned at 8:58 pm.

The next regular scheduled meeting is February 8, 2023.

01/26/2023Planning Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities 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, programs, 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, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 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 communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM City Hall Council Chambers and via Zoom03/08/2023 The City of Santa Clara is conducting Planning Commission meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). •
Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment (available during the meeting) The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; (Comments received after 12:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting) and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.

Agendas, Staff Reports and associated documents for Planning Commission items may be viewed on the City's website at https://santaclara.legistar.com/Calendar.aspx 6:00 PM REGULAR MEETING
Call to Order
Pledge of Allegiance and Statement of Values
Roll Call
Commissioner Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Present 6 - Chair Priya Cherukuru, Commissioner Qian Huang, Commissioner Mario Bouza, and Commissioner Lance Saleme

03/08/2023Planning Commission Meeting Minutes

DECLARATION OF COMMISSION PROCEDURES
Secretary Bhatnagar read the Declaration of Commission Procedures.

CONTINUANCES/EXCEPTIONS
None.

CONSENT CALENDAR
Planning Manager Lesley Xavier announced the Applicant for Item 1.A has requested this item be moved from the Consent Calendar to Public Hearing.

1.B 23-297 Action on a Major Significant Property Alteration and Architectural Review for a Second-Story Addition at 1540 Homestead Road (CEQA: Exempt- Class 1 Existing Facilities and Class 31 Historical Resource Restoration/Rehabilitation)
Recommendation:

Adopt a Categorical Exemption Under CEQA Guidelines Sections 15301 and 15331; adopt a resolution to approve the Architectural Review; and adopt a resolution to approve a Major Significant Property Alteration (SPA) permit, subject to conditions of approval.

A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to approve Item 1.B

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -

PUBLIC PRESENTATIONS
None.

PUBLIC HEARING

03/08/2023Planning Commission Meeting Minutes

1.A 23-245 Action on a Significant Property Alteration Permit and Variance for a first and second story alteration to the historic main house and the removal of a nonconforming garage and construction of a new nonconforming garage at 1516 Homestead Road (CEQA: Exempt per Section 15301(a), (e)(1), and (l)(4) - Existing Facilities and Section 15303 (e) New Construction of Small Structures)
Recommendation:

1. Adopt a Class 1 (l)(4) Demolition of Small Structures, Class 3 (e) New Construction of Small Structures, and Class 1 (a) and (e)(1) Existing Facilities Categorical Exemptions under CEQA Guidelines Section 15301 (l)(4), 15303 (e), 15301(a), and 15301 (e)(1).

2. Approve a Significant Property Alteration (SPA) Permit for alterations to the main historic resource, subject to the procedures outlined in the Preservation Treatment Plan attached to the Development Plans be approved.

3. Approve a Variance for the detached garage for an increase of the building height to 16 feet and an increase in accessory building square footage to 591 square feet; and require a redesign of the garage to increase the rear setback to 5 feet, reduce the rear yard coverage to 40%, and modify the materials to be more consistent with the main house.

Assistant Planner Daniel Sobczak provided the staff presentation.

A motion was made by Commissioner Cherukuru, seconded by Commissioner Saleme to close Public Hearing.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Huang to Approve Staff Recommendation 1, to determine that the project is categorically exempt from CEQA under Class 1(l)(4), Class 3(e), Class 1(a) and Class 1(e)(1).

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -

03/08/2023Planning Commission Meeting Minutes
A motion was made by Commissioner Bouza, seconded by
Commissioner Saleme to approve a Significant Property Alteration (SPA) Permit for alterations to the main historic resource, subject to the procedures outlined in the Preservation Treatment Plan attached to the Development Plans, based upon the following findings:
a.

The alterations are designed to preserve the essential character, features, and defining elements that make the HRI property significant, in that the alterations do not modify the historic aspects of the property;
b. The project proposals will not have a significant adverse effect on the integrity of the HRI property, in that the modifications preserve the defining features of the historic structure;
c. The alterations will be compatible with the existing structure or district, in that the proposed alterations would be compatible with the historic materials, features, size, scale, proportion, and massing of the property; and
d. The alterations are consistent with the Secretary of the Interior’s Treatment Standards, in that the exterior alterations will not destroy historic materials, features, and spatial relationships that characterize the property.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -

03/08/2023Planning Commission Meeting Minutes
A motion was made by Commissioner Bouza, seconded by
Commissioner Saleme, to approve the variance, with the following modifications:
•
The maximum height shall be 17 feet.
• The rear setback shall be 1.5 feet.
• The rear yard coverage shall be increased from 40% to 57%.

Based upon the following findings:

1. That there are unusual conditions applying to the land or building which do not apply generally in the same district, in that the property is a corner lot, which has more significant setback requirements than other lots, and also the existing structures (with their pre-1969 layout) limit the available area to locate the proposed expansions;

2. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner, in that granting the variance would allow the petitioner to enhance a pre-1969 residential layout without impairing any of the significant historic features of the house, and many of the surrounding properties already contained taller accessory structures than allowed by Code.

3. That the approval of such Variance, under the circumstances of the particular case, will not materially affect adversely the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the Property Owner’s property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood, in that the existing conditions included a garage that is legal nonconforming with regard to setbacks and height with no adverse effects reported.

4. That the approval of the Variance is in keeping with the purpose and intent of the Zoning Ordinance, in that the Zoning Ordinance recognizes that practical difficulties may result in the strict application of certain provisions, and the existing layout of the site predates the adopted Zoning Ordinance, and strict application would lead to practical difficulties with the modification and enhancement of the site.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -

03/08/2023Planning Commission Meeting Minutes
A motion was made by Commissioner Bhatnagar, seconded by Commissioner Bouza to propose modification materials of garage to be more compatible with the materials of the main house.

The motion did not pass.

Aye: Chair Cherukuru, Commissioner Bouza, and Commissioner Saleme3 - Nay: Commissioner Bhatnagar, Commissioner Biagini, and Commissioner Huang
3 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to prohibit use of corrugated metal siding modifying variance approval with materials
The motion did not pass.

Aye: Chair Cherukuru, and Commissioner Bouza2 -
Nay: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, and Commissioner Saleme
4 -

03/08/2023Planning Commission Meeting Minutes

2. 22-1556 Action on a Vesting Tentative Subdivision Map for 15 Condominium Units at 3575 De La Cruz Boulevard (CEQA: Use of the 2010-2035 General Plan Environmental Impact Report (EIR) per Public Resources Code Section 21094.5 and State CEQA Guidelines Section 15183.3, Streamlining for Infill Projects)
Recommendation:

1. Recommend that the City Council find that the proposed subdivision is within the scope of the 2010-2035 General Plan Environmental Impact Report (EIR) per Public Resources Code Section 21094.5 and State CEQA Guidelines Section 15183.3, Streamlining for Infill Projects as detailed in an Appendix N checklist.

2. Adopt a resolution to recommend the City Council approve the Vesting Tentative Subdivision Map to develop the parcel (101-15- 049) with 15 condominiums at the property located at 3575 De La Cruz Boulevard.

Assistant Planner Nimisha Agrawal provided the staff presentation.

Applicant Rob Simonds, Habitat for Humanity spoke
Staff confirmed that community meetings took place before the formal application was submitted, and another meeting in November 2022. Staff confirmed that title will be transferred to Habitat for Humanity upon acquiring land from the City.

The applicant confirmed that Deed protection and restrictions will be placed on the sale of the property by those who purchase the units.

A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to close Public Hearing.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to Approve Staff Recommendation 1.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -
A motion was made by Commissioner Bouza, seconded by
Commissioner Biagini to Adopt Staff Recommendation 2.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
6 -

03/08/2023Planning Commission Meeting Minutes
Meeting went into recess at 8:16 pm and reconvened at 8:26 pm.

3. 23-214 Study Session: Institute for Local Government (ILG): Public Outreach and Engagement Best Practices
Recommendation: There is no staff recommendation.

Robert Carlos Torres, ILG Senior Program Manager and Hanna Stelmakhovych, Program Manager provide the ILG presentation.

Commissioners participated in an interactive discussion and had a robust discussion of best practices on how to engage all sectors of the public in engagement with the City. Examples were provided of best practices and current policies of neighboring cities.

ILG also provided information on how to provide outreach to marginalized communities.

Commissioners were notified that the City is in the process of updating the Outreach Policy.

REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items

2. Commissioner Travel and Training Reports, Requests to attend Trainings Commissioners Biagini, Cherukuru and Saleme provided updates regarding their attendance at the State of the Valley Conference.

1. 23-312 American Planning Association (APA) National Planning Conference will take place in Philadelphia April 1-4, 2023 and online April 26-28, 2023.

Recommendation:

There is no staff recommendation.

Commissioners did not express interest attending the conference and a vote did not take place.

DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided budget updates.

A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to retroactively expend funds for the ILG Study Session in the amount of $3800.

03/08/2023Planning Commission Meeting Minutes

Aye: Commissioner Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and
Commissioner Saleme
6 -

2. Upcoming Agenda Items
None.

3. City Council Actions
None.

ADJOURNMENT:

The meeting adjourned at 10:36 pm
The next regular scheduled meeting is April 12, 2023.

03/08/2023Planning Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities 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, programs, 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, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 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 communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara
Meeting Minutes
Senior Advisory Commission
Draft
10:00 AM Hybrid Meeting
City Manager's Conf. Room
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
07/24/2023
The City of Santa Clara is conducting the Senior Advisory Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).

Via Zoom:
https://santaclaraca.zoom.us/j/97590069803
Meeting ID: 975 9006 9803
Or join by phone: 669-900-6833

CALL TO ORDER AND ROLL CALL
The regular meeting was called to order by Chair Hubbard at 10:08 a.m.

Commissioner Freitas arrived at 10:45 a.m.

Commissioner Tom Freitas, Chair Judy Hubbard, Commissioner Grant L. McCauley, Commissioner Veena Sterling, Commissioner Present 6 -
Rick Andrews, and Commissioner Maria Vaz
Absent 1 - Vice Chair Edmund Drozek
City Attorney Glen Googins introduced himself to the Commission and shared how the City Attorney's Office can provide support to the Senior Advisory Commission.

A motion was made by Commissioner Andrews, seconded by
Commissioner Sterling to excuse Vice Chair Drozek and
Commissioer Freitas. The motion did not pass by the following vote:

Aye: Commissioner Sterling, Commissioner Andrews, and Commissioner Vaz
3 -
Nay: 2 - Chair Hubbard, and Commissioner McCauley

Absent: 2 - Vice Chair Drozek, and Commissioner Freitas 07/24/2023Senior Advisory Commission Meeting Minutes

CONSENT CALENDAR

1.A. 23-864 Senior Advisory Commission Minutes of June 26, 2023 Recommendation: Approve the Senior Advisory Commission Minutes of June 26, 2023 A motion was made by Commissioner McCauley, seconded by Commissioner Andrews to approve the minutes from June 26, 2023.

Aye: Chair Hubbard, Commissioner McCauley, Commissioner Sterling, Commissioner Andrews, and Commissioner Vaz
5 -

Absent: 2 - Vice Chair Drozek, and Commissioner Freitas

PUBLIC PRESENTATIONS
Field Representative - Martha Kreeger from the Office of Senator Aisha Wahab informed the Commission that on Thursday, July 27 the Little Hoover Commission will be holding hearings on the Governor's Master Plan on Aging.

Business Development Representative - Edrienne B. from Kaiser Senior Advantage introduced herself to the Commission.

GENERAL BUSINESS

2. 23-865 Senior Advisory Commission FY2023/24 Work Plan & Goals Discussion Chair Hubbard opened up the discussion of possible goals, topics/projects for the FY 2023/24 term and referred to the brainstorming list from the June meeting. The Commissioners continued the discussion and shared the following ideas:

Health, Wellness & Nutrition

1. Health & Wellness Fair - May 2024 - (2-3 people work on the planning/all attend and help the day of the event)
Senior Needs Assessment

1. Develop a new Senior Needs Assessment questionnaire and outreach plan to update the plan.
a.

Subcommittee work on outline, survey, and outreach plan 07/24/2023Senior Advisory Commission Meeting Minutes
Transportation

1. Provide monthly reports on Transportation resources for seniors

2. Educate the senior community on Transportation resources

3. Transportation for seniors to and from Senior Center Access to Community Resources and Information

1. Attend BPAC meetings and report back to the Commission -Vice Chair Drozek

2. Attend ADA meeting and report back to the Commission - Chair Hubbard
Community Resources & Information - Educational Presentations

1. Collaborate with SCPD to schedule Fraud/Scam Awareness Educational Sessions for seniors, one time per year.

2. TRUST presentations/workshops provided by SALA

3. Promote tricycle use for alternate transportation options for seniors -

perhaps at BBQ’s or educational sessions

4. Alzheimer's Awareness (Alzheimer Association)
a. Perhaps additional educational sessions include:

Alzheimer’s, Levels of Dementia and other aging illnesses in FY 23/24.

5. Stop the Bleed - First Aid Relevant Presentations
Housing - Advocate for Affordable and Convenient Housing

1. ADU Education

2. Low Income/Affordable Housing

3. Unhoused
Enhance Outdoor Spaces and Age-Friendly Buildings

1. Promote bocce ball and pickle ball in the City of Santa Clara 07/24/2023Senior Advisory Commission Meeting Minutes
Commissioner Andrews left the meeting at 11:10 a.m.

A motion was made by Commissioner McCauley, seconded by Commissioner Freitas, to continue the FY2023/24 Work Plan & Goals Discussion to the August meeting.

Aye:

Commissioner Freitas, Chair Hubbard, Commissioner
McCauley, Commissioner Sterling, and Commissioner Vaz
5 -

Absent: 2 - Vice Chair Drozek, and Commissioner Andrews

STAFF REPORT
Recreation Manager Castro reported on the following:
- The Activity Guide was released on Friday, July 2
- Registration for Recreation Activities opens for Santa Clara Residents on Tuesday, July 25.
- Community input has begun for two park rehabilitation projects. Bot h projects will have consultants present at different Parks & Recreation events to gather input from the community:
- Warburton Park Input
- Sunset Cine ma, July 28
- Street Dance, August 4
- Survey available online at Ope n City Hall
- Henry Schmidt Park Input
- Street Dance, August 4
- Sunset Cinema , August 11
Recreation Supervisor Herb reported on the following:

The Senior Center August events;
- Senior Center BBQ on August 17 from 12 - 1 p.m.
- Ice Cream Social on August 30 from 11 a .m. - 1 p.m.

COMMISSIONERS REPORT
Commissioner McCauley shared that the Senior Center July BBQ was wonderful. The food was great and it was well organized.

Commissioner Freitas informed the Commission that the Housing Presentation at the Senior Center was well attended with great information.

He also shared that he helped an individual apply for the Agrihood Senior Community and was accepted.
07/24/2023Senior Advisory Commission Meeting Minutes

ADJOURNMENT
A motion was made by Commissioner McCauley, seconded by Commissioner Freitas that the meeting be adjourned at 11:57 a.m.

Aye: Commissioner Freitas, Chair Hubbard, Commissioner
McCauley, Commissioner Sterling, and Commissioner Vaz
5 -

Absent: 2 - Vice Chair Drozek, and Commissioner Andrews

MEETING DISCLOSURES

07/24/2023Senior Advisory Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities 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, programs, 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, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 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 communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara
Meeting Minutes
Audit Committee
Draft
1:00 PM Hybrid Meeting
Council Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
03/30/2023
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

Join from a PC, Mac, iPad, iPhone or Android device:

Please click this URL to join: https://santaclaraca.zoom.us/j/99199624617 Webinar ID: 991 9962 4617
Or join by phone:

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chair Park called the meeting to order at 1:15 PM.

Kevin Park, Suds Jain, and Kathy WatanabePresent 3 -

CONSENT CALENDAR

1. 23-163 Audit Committee Minutes
Recommendation: Approve the Audit Committee minutes of November 30, 2022 and February 3, 2023.

A motion was made by Committee Member Watanabe, seconded by Committee Member Jain to approve the Audit Committee Minutes of November 30, 2022 and February 3, 2023.

Aye: Park, Jain, and Watanabe3 -

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

03/30/2023Audit Committee Meeting Minutes

2. 23-162 Overview of the Single Audit Report for Fiscal Year Ended June 30, 2022 Recommendation: Accept the Single Audit Report for Fiscal Year Ended June 30, 2022 and recommend that the reports are forwarded to note and file to the full Council at the April 4, 2023 Council and Authorities Concurrent meeting.

Auditor Amy Meyer, Maze & Associates, gave a PowerPoint presentation.

Committee Members' questions and comments followed.

Auditor Meyer addressed the Committee Members' questions and comments.

A motion was made by Committee Member Jain, seconded by Committee Member Watanabe, to accept the Single Audit Report for Fiscal Year Ended June 30, 2022 and recommend that the reports are forwarded to note and file to the full Council at the April 4, 2023 Council and Authorities meeting.

Aye: Park, Jain, and Watanabe3 -

03/30/2023Audit Committee Meeting Minutes

3. 23-350 Overview and Continuing Discussion of the Proposed 2023-2024 Audit Work Plan
Recommendation: Approve the proposed 2023-2024 audit work plan and recommend that the citywide risk assessment and prioritized audit workplan be forwarded for note and file to the full Council at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Audit Manager, David Noce, gave a PowerPoint presentation.

Committee Members' questions and comments followed.

Audit Manager Noce and Chief Assistant City Attorney Sujata Reuter addressed the Committee Members' questions and comments.

Audit Manager Noce would like to present the results of a Stadium Authority Audit at the next meeting and expects to give a status report sometime in May that would encompass the status on the previous plan and progress made in starting the new audits presented.

Committee Member Watanabe proposed meeting every other month in order to assess the status of Auditor's Office and Baker Tilly and determine if additional projects can be added to the plan.

Committee Members' questions and comments followed.

Audit Manager Noce addressed the Committee Members' questions and comments.

A motion was made by Committee Member Jain, seconded by Committee Member Watanabe, to approve the proposed Baker Tilly 2023-2024 audit work plan, recognizing that the items can be juggled between 2023 and 2024 based on staff/committee
recommendations, and that plan be forwarded for note and file to the full Council at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Aye: Park, Jain, and Watanabe3 -

ADJOURNMENT
Chair Park adjourned the meeting at 2:29 PM.

A motion was made by Committee Member Jain, seconded by Committee Member Watanabe, to adjourn the meeting.

Aye: Park, Jain, and Watanabe3 -

03/30/2023Audit Committee Meeting Minutes
Future Audit Committee meetings will be scheduled at a later date.

MEETING DISCLOSURES

03/30/2023Audit Committee Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities 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, programs, 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, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 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 communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-866 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on the Santa Clara Convention Center FY 2022/23 4th Quarter Financial Status Report

COUNCIL PILLARS
Promote and Enhance Economic, Housing and Transportation Development Enhance Community Engagement and Transparency
Promote Sustainability and Environmental Protection

BACKGROUND
On February 5, 2019, the City approved an agreement with Global Spectrum L.P. dba Spectra Venue Management (Spectra) to operate the Santa Clara Convention Center (SCCC). Spectra began management of the SCCC on March 18, 2019. In November 2021, Spectra merged with Oak View Group (OVG) but continues to operate under the same legal entity.

Staff is transmitting OVG’s, formerly known as Spectra, SCCC status report to Council for compliance with agreement terms.

DISCUSSION
This report transmits for Council information, the SCCC Financial Status Report for the 4th quarter ending June 30, 2023, as submitted by OVG (attached). This report is unaudited and, therefore, subject to change.

As OVG’s 4th quarter report indicates, there were 84 events hosted at the SCCC, 20 less than the budgeted 104 events. There were 33 events in April 2023, 22 events in May 2023, and 29 events in June 2023.

The first month of the quarter was exceptionally strong with May and June also performing well.

Based on event needs, OVG staffing levels varied from 25 to 30 throughout the quarter.

As discussed in the Quarterly report, budget to actual financial results are as follows:

Financial Summary - 4th Quarter Ended June 30, 2023
Projected in Budget Actual Budgeted Overage
(Underage)
Gross Revenue $3,886,710 $6,614,989 $2,728,279
Total Expense $3,706,492 $5,421,421 $1,714,929
Net Income $180,218 $1,193,568 $1,013,350
City of Santa Clara Printed on 9/7/2023Page 1 of 2
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23-866 Agenda Date: 9/12/2023
For the 4th quarter ending June 30, 2023, OVG reported a net operating gain of $1,193,568. Total revenues were $6,614,989, or $2,728,279 more than the budgeted revenues of $3,886,710. Total expenses for the quarter were $5,421,421 or $1,714,929 more than the budgeted amount of $3,706,492. Additionally, OVG recognized $170,732 of other revenues in the 4 th quarter primarily
from cancelation fees.

As of June 30, 2023, OVG reported a year-to-date net operating income of $2,447,320, which consists of $16,791,629 in revenues and $14,344,309 in expenses.

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

FISCAL IMPACT
The net operating gain incurred by the Convention Center for the 4th quarter of FY 2022/23 is $1,193,568. This amount does not include any fiscal impact related to TOT, TID, and/or sales tax activity.

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

RECOMMENDATION
Note and file the Santa Clara Convention Center Financial Status Report for the 4th Quarter ending June 30, 2023, as submitted by OVG.

Reviewed by: Kenn Lee, Director of Finance
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. SCCC Activity Report for 4th Quarter FY 2022/23
City of Santa Clara Printed on 9/7/2023Page 2 of 2
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FY 2022/23 QUARTERLY REPORT – 4th Quarter Ended June 30, 2023 July 25, 2023
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Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 1 of 13

Table of Contents

4th Quarter Highlights ................................................................................................... 2 Strategic Highlights ................................................................................................... 2 Financial Highlights ................................................................................................... 2 Event Highlights ......................................................................................................... 3 Operational Highlights .............................................................................................. 4 Other Noteworthy Highlights .................................................................................... 4 Financial Summary ....................................................................................................... 5 Financial Results ....................................................................................................... 5 Income Statement ...................................................................................................... 6 Event Statistics .......................................................................................................... 7 Event Revenue ........................................................................................................... 7 Partners ...................................................................................................................... 7 Indirect Expenses ...................................................................................................... 7 Other Activities .............................................................................................................. 8 Key Performance Indicators (KPIs) ............................................................................. 9 FY 2022/23 Capital Improvement Projects (CIP) Budget .......................................... 11 Community Involvement ............................................................................................. 12

Santa Clara Convention Center is strategically located in the heart of Silicon Valley, a prime location for conventions, trade shows and exhibitions. The Santa Clara Convention Center is minutes from hotels, restaurants, Levi’s Stadium, California’s Great America Theme Park, and many of the largest and most influential technology companies in the world, with easy access to freeways and Norman Y.

Mineta San Jose International Airport and only 45 miles south of San Francisco. The Convention Center features 100,000 square feet of exhibit space, a 22,400 square foot ballroom, 31 breakout rooms and a 607-seat theater and attracts over 350,000 visitors annually. The facility is an integral economic component of Santa Clara, generating economic benefits through attendee direct and indirect spending and sustaining over 500 local jobs.

For more information, visit www.santaclaraconventioncenter.com.

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 2 of 13

4th Quarter Highlights

This quarterly report covers fiscal operations of the Santa Clara Convention Center for the fourth quarter ended June 30, 2023. This report is unaudited and, therefore, subject to change.

86,569
Total Attendance

84 Total Events

$6,614,989
Total Revenue

Strategic Highlights

Oak View Group (OVG) continues to be actively involved with the City and its consultant, Jones Lang LaSalle (JLL) on the development of the Silicon Valley/Santa Clara DMO, Inc dba Discover Santa Clara
®. In the fourth quarter, the OVG General Manager, as a board member of Discover Santa Clara®, participated in interviewing Marketing Manager candidates, implemented the new Booking Policy changes, assisted the DMO’s accounting firm to edit new financial SOPs, and provided input on the submission of multiple proposals to potential clients.

OVG and its partners from Levy, Smart City and Encore implemented the Convention Center’s new Booking Policy and continued prospecting new business focused on bringing high impact events to the destination. The Center booked 67 new events, 15 of which are P3 or higher.

Sales efforts were aligned with OVG, Levy and the DMO’s shared key performance indicators (KPIs). The continued bookings are a positive sign for the Convention Center, but the ongoing layoffs and downsizing within the tech industry continue to be concerning. The tech industry is a major driver of convention center business in Santa Clara, and if the layoffs continue, it could have a negative impact on future bookings.

OVG increased part-time staffing in the fourth quarter due to event demand. Overall, employee totals averaged 32 individuals, still 18 fewer than the pre-pandemic number of 50. All employees were brought back in accordance with SB 93, California’s Rehiring and Retention Law.

Financial Highlights

The fourth quarter started very strongly as April had the highest number of events and net profit in the quarter. May was slower yet was still better than budget and June also saw a higher profit margin than projected. Conventions and consumer shows both exceeded their budgeted event numbers. Gross revenue, April through June, was $6,614,989 representing 170.20% of the overall budget for revenue. Conversely, expenses totaled $5,421,421, 146.27% of the budgeted expenses for the quarter, resulting in an overall profit of $1,193,568 for the fourth quarter.

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Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 3 of 13

Event Highlights

Eighty-four events took place during the quarter, 20 less than the budgeted number of 104. In the quarter, 23 events were lost, six events rescheduled their dates, and 17 clients did not move forward with their proposal. Budgeted meetings continue to underperform, while Sporting Event feed-in business did not materialize at the anticipated levels.

In April, the Center hosted the Cadence CDN Live 2023, a conference that brings together users, developers, and industry experts to share ideas and inspire design and solutions for today’s tech challenges. In May, TieCon returned to Santa Clara for the first time since the pandemic. Nearly 2,000 people attended the world’s largest technology conference for entrepreneurs, corporate executives, and investors. June was highlighted by Docusign Momentum. Over 300 attendees heard from some of the largest companies in North America including UBER and Santa Clara based NVIDIA.

Cadence CDN Live 2023
DocuSign Momentum 2023
TieCon 2023

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 4 of 13

Operational Highlights

 As mentioned above, 84 events took place in the fourth quarter. Thirty-three in April, 22 in May, and 29 in June.
 The General Manager (GM) continued to monitor event load and scheduled staffing levels based on business quantity and projected revenue generation. Therefore, employee levels varied from 25 to 30 throughout the quarter.
 The Teamsters, Local 853, was unable to provide additional needed staffing for events in the quarter, so temporary staffing was required in order to service events.  The GM continued to meet with the new Teamsters, Local 853, business agent to negotiate an extension to the current Collective Bargaining Agreement. Rates and new work rules are being discussed that will hopefully assist the Center in generating additional business.  Conducted performance evaluations of staff.
 Signed three one-year agreements with the Pacific International Quilt Festival for 2023, 2024 and 2025.
 Held a call with OVG Corporate to review and discuss IUOE, Local 39, letter pertaining to Withdrawal of Liability and Pension Audit.
 Collaborated with Discover Santa Clara® to produce a draft of a new standard operating procedure that addresses booking events outside the standard booking window.  GM continued to oversee the Convention Center Safety Committee. During the quarter, the GM and the Safety Committee team continued monthly safety training and held an additional evacuation drill.

Other Noteworthy Highlights

 In Q4, OVG hosted 30 site tours for potential future events at the Convention Center.  Implemented a new License Agreement for events.
 The OVG GM met with the new Business Agent for IUOE, Local 39, to begin discussions on renewal of its CBA for June 2024.
 Prepared a report on the use of the Tasman Parking garage usage by the SCCC for City staff.
 The OVG GM held multiple interviews with potential Director of Sales candidates for Discover Santa Clara®.
 The OVG GM provided a tour of the Convention Center for the new City Manager.  The OVG GM held interviews for a Marketing Coordinator position for Discover Santa Clara®.
 The OVG GM met with representatives of the Triton Art Museum to discuss a partnership for displaying artwork at the Convention Center.
 Participated in a two-day site tour with Discover Santa Clara® for a large potential group that is considering Santa Clara for its event from 2027-2030.  The SCCC team hosted its second Community event in June.

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 5 of 13

Financial Summary

Financial Results

The Center's second quarter demonstrated impressive performance, with April being exceptionally strong, May remained profitable, and June also performed well. Historical strength in the fourth quarter was evident, as Conventions, Consumer Shows, and Special Events all exceeded expectations, contributing to the overall success of the quarter. As a result, the quarter saw gross revenue of $6,614,989, exceeding the budgeted amount by $2,728,279. Q4's net income of $1,193,568 was $1,013,350 higher than the budgeted amount of $180,218.

Financial Summary – 4th Quarter Ended June 30, 2023
Projected in Budget Actual Difference
Gross Revenue $3,886,710 $6,614,989 $2,728,279 Total Expense $3,706,492 $5,421,421 ($1,714,929) Net Income $180,218 $1,193,568 $1,013,350

Total expenses for the quarter were $5,421,421 or $1,714,929 more than the budgeted amount of $3,706,492. There was $170,732 of other revenue recognized in Q4 primarily from cancelation fees.

The year-to-date expenses were $14,344,309, a year-to-date negative variance of $522,959 versus budgeted expenses.

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 6 of 13

Income Statement

SANTA CLARA CONVENTION CENTER

QUARTERLY GROSS INCOME STATEMENT
For the Twelve Months Ending June 30, 2023

QUARTER 4 YEAR TO DATE

BUDGET ACTUAL VARIANCE BUDGET ACTUAL VARIANCE

Number of Events 104 84 (20) 374 242 (132) Number of Event Days 193 190 (3) 739 539 (200) Attendance 113,665 86,569 (27,096) 248,505 294,193 45,688 -
Event Revenue -
Rental 781,611 1,077,596 295,985 3,100,791 3,376,018 275,227 Services 41,736 115,030 73,294 132,636 388,953 256,317 IT/Telecom 318,250 739,310 421,060 1,098,600 1,348,309 249,709 Food & Beverage 2,312,075 2,886,611 574,536 7,588,310 7,141,958 (446,352) Electrical 85,000 522,365 437,365 355,548 1,245,578 890,030 Audio Visual 329,800 1,103,345 773,545 1,254,800 2,714,399 1,459,599 Total Event Revenue 3,868,472 6,444,257 2,575,785 13,530,685 16,215,215 2,684,530 Event Expenses
Services - 11,310 (11,310) - 53,613 (53,613) IT/Telecom 235,505 502,731 (267,226) 812,964 916,850 (103,886) Food & Beverage 1,863,807 1,942,717 (78,910) 6,401,870 5,360,224 1,041,646 Electrical 60,000 395,340 (335,340) 262,911 952,004 (689,093) Audio Visual 220,966 777,989 (557,023) 840,716 1,905,979 (1,065,263) Total Event Expenses 2,380,278 3,630,087 (1,249,809) 8,318,461 9,188,670 (870,209)

Net Event Income (Loss) 1,488,194 2,814,170 1,325,976 5,212,224 7,026,545 1,814,321

Other Revenue 18,238 170,732 152,494 72,950 576,414 503,464

Total Net Event & Other Revenue 1,506,432 2,984,902 1,478,470 5,285,174 7,602,959 2,317,785 Indirect Expenses
Executive 79,096 93,003 (13,907) 339,384 326,772 12,612 Finance 82,694 103,139 (20,445) 346,281 313,689 32,592 Event Services 103,121 85,663 17,458 429,193 403,017 26,176 Sales/Marketing 83,643 102,146 (18,503) 359,017 355,947 3,070 Operations 624,396 1,039,005 (414,609) 2,615,957 2,602,059 13,898 Overhead 353,264 368,378 (15,114) 1,413,057 1,154,155 258,902 Total Indirect Expenses 1,326,214 1,791,334 (465,120) 5,502,889 5,155,639 347,250

Net Operating Income 180,218 1,193,568 1,013,350 (217,715) 2,447,320 2,665,035

Other Income/(Expense)

Net Income 180,218 1,193,568 1,013,350 (217,715) 2,447,320 2,665,035

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 7 of 13

Event Statistics

There were 84 events scheduled in Q4 with $6,444,257 in revenue and $3,630,087 in expenses. Conventions and Trade Shows generated the largest amount of revenue in the quarter.

Event Revenue
Event Net Revenue – 4th Quarter Ended June 30, 2023
Event Types Gross Revenue Cost of Sales Net Revenue
Banquets $385,152 $238,127 $147,025
Meetings 1,215,683 796,778 418,905
Consumer Shows 87,224 9,290 77,934
Trade Shows 1,197,375 652,076 545,299
Conventions 3,050,908 1,761,720 1,289,188
Special Events 393,664 152,888 240,776
Miscellaneous Events - - -
Sporting Events 114,251 19,208 95,043
Totals $6,444,257 $3,630,087 $2,814,170

This quarter, there was a profit of $2,814,170 and the gross event revenue was higher than anticipated. This was in spite of a lower number of events being contracted, 84 compared to the 104 budgeted. The benefit of fewer events is that it usually leads to a decrease in overall event expenses, which was the case in the fourth quarter.

Partners
Partner Revenue – 4th Quarter Ended June 30, 2023
Partner Gross Revenue Cost of Sales Net Revenue
Levy Restaurants $2,886,611 $1,942,717 $943,894
Smart City (IT services) 739,310 502,731 236,579
ENCORE-AV (AV services) 1,103,345 777,989 325,356
Electrical 522,365 395,340 127,025
Totals $5,251,631 $3,618,777 $1,632,854

Partner revenue for Q4 was $5,251,631. The cost of sales was $3,618,777 for a net profit of $1,632,854. Year-to-date, net partner revenue is $3,315,187.

Indirect Expenses

Total indirect expenses were $1,791,334 for the quarter.

Departments Expense Description Indirect Cost
Executive Senior personnel $93,003
Marketing Sales and marketing related 102,146
Finance Finance and Human Resources 103,139
Events Staffing to manage events 85,663
Operations Engineering, building services, security, and all other related expenses to operate the building 1,045,932 Overhead Non-departmental expenses 361,451
Transition Costs Costs related to the transition to OVG - Totals $1,791,334

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 8 of 13

Other Activities

In the fourth quarter, the GM worked with the project management team to move the Digital Signage project forward. There continues to be delays in receiving the equipment but are still on track for full installation by the end of the calendar year.

OVG continued active prospecting for FY 2022/23, FY 2023/24 and beyond. OVG’s goal for the year is to average 204 active business prospects throughout the fiscal year. At the end of the fourth quarter, OVG’s sales team is actively working on 270 sales prospects. Applying the goals of the Booking Strategy, OVG has put an emphasis on prospecting and generating leads for Priority 3 business. OVG is aiming to convert 20% of those prospects into tentative 1 business.

Of those tentative events, OVG will work to reach a conversion rate of 20% into definite2 business throughout the fiscal year. With a full year of data, the sales team is reviewing the conversion ratios. The partners and sales team continue to discuss and identify ideas or concepts that will differentiate the Santa Clara Convention Center from its competitors.

During the fourth quarter, OVG and Levy GMs worked together with the DMO CEO and Director of Marketing (DOM) to review new marketing materials for the sales team. The DOM produced a new floor plan layout that will provide meeting planners with clearer and easier to follow drawings. Work was also done on creating a more streamlined proposal that can be sent to P1 & P2 groups. This new proposal will assist with speed to market while maintaining the valuable information that makes Santa Clara unique.

During Q4, OVG and its partners, Levy, Smart City, and Encore AV, organized a successful community event called "June Bloom" to kick off the summer. The event garnered immense popularity, attracting over 200 participants who enjoyed various activities like a petting zoo, bounce house, and arts & crafts. Several local non-profit entities, including the Santa Clara Parks Department and Santa Clara Libraries, also participated. Impressively, attendees came from as far as Los Angeles, with over 15% of the visitors being residents of Santa Clara. OVG aims to continue hosting such events to encourage more local participation and strengthen the community bond.

1 A tentative is defined as having dates held and/or proposals issued to the client. 2 A definite is realized when a client signs its Use License Agreement for an event at Convention Center.

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 9 of 13

Key Performance Indicators (KPIs)

Gross revenue was $6,614,989 and net income was $1,193,568 for Q4. Through the fourth quarter, the event mix shows the Convention Center hosted 20 of its targeted P3’s, 36 of its P4 goal and 186 of its P5 mark. Prospecting numbers remain strong as the Sales Managers continue to focus on bringing new business to the facility. KPI Q4 and YTD results are reported below.

Updates to the Convention Center Booking Strategy went into effect April 1, 2023. Adjustments were made to the booking windows as well as the event type criteria (number of room nights and total Convention Center spend). The adjusted booking windows now provide a greater emphasis on P1 – P3 groups and events to ensure there is room for the highest revenue producing groups for the DMO, hotels, Convention Center, Levy, and the City. Groups are evaluated based upon priority number, current market conditions, day-of-week pattern, type of group (i.e., industry), Center revenue, and needs of all parties on a case-by-case basis.

• Priority 1 (P1) event – Large multi-day convention and/or conference that utilizes all venue space at the Convention Center, utilizes significant venue services such as food and beverage, audio- visual and information technology, and draws a substantial number of out-of-town visitors that stay in multiple Santa Clara hotels. Based on projected combined building spend and peak hotel room nig hts booked, has an 18+ month booking window.
• Priority 2 (P2) event – Primarily large multi-day convention and/or conference that utilizes most of the venue space at the Convention Center, utilizes venue services such as food and beverage, audio- visual and information technology, and draws out of town visitors that stay in multiple Santa Clara Performance Measures
2022/23
Target
2022/23
Actuals
$13,603,635 $16,791,629

2. Net Income ($217,715) $2,447,320
14,755 19,059

4. Economic Impact $17,234,704 $57,879,937
85% 90%
1% 0.00%
3 0
2% 0.00%
6 0
6% 8.26%
24 20
18% 14.88%
67 36
73% 76.86%
274 186
Total Events 374 242

7. Community Benefit
2 2
60% 44%
20% 6%
220 254

5. Customer Service Survey Results (overall satisfaction)

3. Number of Room Nights Consumed

1. Convention Center Gross Revenue
OVG Venue Management – Santa Clara Convention Center

8. Number of Prospects (active) (non-cumulative)
Percent of Center employees that volunteer in the community Percent of small, local and M/WBE businesses/vendors
Number of collaborative, community-based events hosted at the Center Percent of P5 Events
Number of P5 Events

6. Event Mix at the Convention Center (consumed)
Percent of P1 Events
Number of P1 Events
Percent of P4 Events
Number of P4 Events
Percent of P3 Events
Number of P3 Events
Percent of P2 Events
Number of P2 Events

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 10 of 13

hotels. Based on projected combined building spend and peak hotel room nights booked, has a 12 – 18 month booking window.
• Priority 3 (P3) event – Multiple or single day event that utilizes space at the Convention Center.

Attendance and out of town visitors are less than for a P1 or P2. Examples of P3 events may include trade shows, consumer shows, smaller conventions/conferences, and sporting events. Based on projected combined building spend and peak hotel room nights booked, has a 9 – 12 month booking window.
• Priority 4 (P4) event – Typically a one- or two-day event that utilizes space at the Convention Center.

Attendees are primarily local. Special events (e.g., graduations), smaller meetings and/or smaller trade and consumer shows are examples of P4 events. Based on projected combined building spend and peak hotel room nights booked, has a 6 – 9 month booking window. • Priority 5 (P5) event – Usually a single day event. Examples of P5 events are banquets, galas, other social type events and meetings. Based on projected combined building spend and peak hotel room nights booked, has a 0 – 6 month booking window.

Forecast

Financials for FY 2022/23 are complete. The forecast for FY 2023/24 will be issued in the first quarter report.

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 11 of 13

FY 2022/23 Capital Improvement Projects (CIP) Budget

CIP Project Updates

• OVG continued to work with Levy and Sixth Dimension, the Center’s third-party project management team, on revising the scope of work for the kitchen upgrades at the Center; the related bid documents and permitting were completed in the fourth quarter. • OVG hosted several site tours with AVI-SPL, the company completing the design-build of the digital signage project, and their sub-contractors. New drawings were completed, and layout was finalized.
• Challenges with the air wall system in the Grand Ballroom resurfaced in Q4. OVG worked with a new vendor to install new hardware to provide a stopgap which allowed events to continue. OVG is working with the City on a long-term solution for the air wall system.
• The agreement for the Levy refrigeration project was signed in the fourth quarter. Work is estimated to start either in the summer of 2023 or winter of 2023, depending on event load at the Center.
• Following the power outage in December 2022-January 2023, OVG issued an RFP for a full electrical assessment of the facility. The project was awarded but has been put on hold until funds to support this project can be identified

CIP Project Budget

Proj. # Project Name Phase CITY/OVG 360

REV ISED BUDGET
L EV Y TOTAL BUDGET YTD E xp. Balance
003 Convention Center HVAC - BMS System
Upgrade
Completed FY 2019/20 $ 20,450 $ - $ 20,450 $ 20,450 $ - 004 Convention Center HVAC Portable A/C Units Completed FY 2020/21 $ 75,350 $ - $ 75, 350 $ 75,350 $ - 005 Convention Center Security System Completed FY 2021/22 $ 177,381 $ - $ 177, 381 $ 172,831 $ 4,550 006 Convention Center Lobby Roof (Glass
Pyramids) Assessment and R epair
Completed FY 2021/22 $ 480,787 $ - $ 480,787 $ 479,300 $ 1,487 008 Convention Center Interior Digital Signage
and Display System
Implementation $ 955,386 $ - $ 955,386 $ 479,513 $ 475,873 009 Convention Center Interior Paint Completed FY 2021/22 $ 694,994 $ - $ 694, 994 $ 648,052 $ 46,942 012 Convention Center Riding Vacuum Purchase Completed FY 2019/20 $ 31,238 $ - $ 31, 238 $ 31,238 $ - 013 Convention Center Carpet Replacement Completed FY 2021/22 $ 1,628,720 $ 241,856 $ 1, 870,576 $ 1,751,725 $ 118,851 014 Balance - Contingency - $ 45,694 $ - $ 45, 694 $ 32,924 $ 12,770 015 Kitchen/Tech Café/Stand B Planning $ - $ 1,757,065 $ 1,757,065 $ 289,005 $ 1,468,060 TOTAL $ 4,110,000 $ 1,998,921 $ 6,108,921 $ 3,980,388 $ 2, 128,533

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 12 of 13

Community Involvement

In the 4th Quarter, the OVG team, with its partners at Levy hosted their second Community event of the fiscal year called June Bloom. The OVG GM continued to serve on the EOPS Advisory Board at Mission College and the OVG GM, Director of Finance and Senior Director of Sales attended the Milpitas HS Academy of Travel and Tourism event.

Santa Clara Convention Center FY 2022/23 4th Quarter Report Page 13 of 13

Santa Clara Convention Center
5001 Great America Parkway
Santa Clara, CA 95054
Tel: (408) 748-7000
www.santaclaraconventioncenter.com
General Manager: Kelly Carr
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-920 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Actions on an Agreement for Professional Services with Wallace Roberts & Todd, LLC in the Amount Not to Exceed $442,624 to Develop a Comprehensive Citywide Parks & Recreation Master Plan and the Related Budget Amendment

COUNCIL PILLAR
Enhance Community Sports, Recreational, and Arts Assets Deliver and enhance High-Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara operates and maintains the City’s parks and recreation system that provides a level of service equivalent to 2.6 to 3.0 acres of parkland per 1,000 residents. The system includes mini parks and plazas, neighborhood parks, community parks, aquatics and sports facilities, public open space, senior and youth centers, special use facilities, recreational trails, and joint use facilities among others. The City is experiencing increased residential growth and new demands on existing facilities. A system-wide community parks and recreation master plan is needed to provide an inclusive framework for orderly and consistent planning for the acquisition, development, operation, maintenance, and administration of the existing and new parks and recreation resources, programs, and facilities.

Parks and recreation master planning is a comprehensive process that provides guidance and policy direction to local government decision makers. The planning process engages stakeholders, gathers public input, and provides a foundation for understanding and responding to the parks and recreation needs of the community. The process involves strategically examining a community’s vision; existing community services, facilities, and resources; and assessing future needs as well as the budget for long-term or phased-in development and improvements.

To assist in the development of the comprehensive Parks & Recreation Master Plan (Plan), a consultant with requisite professional knowledge and expertise is needed. The Plan will create a roadmap for ensuring equitable access, quantity, and proximity to quality parks, recreation facilities, programs and services throughout the community now and into the future in support of the community’s growing parks and recreation needs. The consultant will develop, collect, and analyze data to develop a clear set of goals, policy recommendations, and standards for the acquisition, development, operation, maintenance, and funding of the community’s public park system to serve the needs of Santa Clara over the next 15-20 years.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Statement of Qualifications (SOQ) was conducted, with the award recommendation based on “best value”. In May 2023, the City published City of Santa Clara Printed on 9/6/2023Page 1 of 3
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23-920 Agenda Date: 9/12/2023
the SOQ for Consulting Services for the Development of a Master Plan for the Parks & Recreation Department on the City’s e-procurement platform. Four proposals were received from the following firms:
· Berry Dunn
· Catalyze SV
· Gates + Associates
· Wallace Roberts & Todd
The proposals were individually evaluated by a five-member team. Staff recommends awarding the agreement to Wallace Roberts & Todd, LLC (WRT) for having submitted the best value proposal.

WRT’s team of consultants has extensive experience developing Parks & Recreation Master Plans including outreach, data analysis, planning/modeling expertise, and recent local comparable projects.

Under the Agreement, WRT will provide professional services for the development of the City’s Parks & Recreation Master Plan. The scope of services includes project management, community engagement, resource and data collection, implementation, and development of the final plan and supporting materials. The consultants will work closely with staff, commissions and Council to prepare an appropriate Plan, through assessment and analysis of current parks and recreation facilities, programs, and services, park system mapping, demographic and recreational demand/trend analysis, review of research based best practices and feasible implementation strategies.

The maximum compensation under the proposed agreement is $442,624, which includes a contingency amount of $40,239 for additional services that may be requested by the City.

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

FISCAL IMPACT
The cost of the contract is $402,385, plus a 10% contingency of $40,239, for a total not-to-exceed contract amount of $442,624. The Parks & Recreation Master Plan project has a current budget of $300,000 in the Parks & Recreation Capital Fund. The recommended budget amendment is to reallocate $142,700 from the Park Impact Fees Monitoring project to the Parks & Recreation Master Plan project, increasing the project appropriation from $300,000 to $442,700. The Park Impact Fees Monitoring project has sufficient capacity for this funding shift. The Plan is an appropriate use of Park Impact Fee Monitoring Project funds because it will help the City estimate the amount of parkland needed to serve new development and serve as a basis for future fee justification analyses.

Budget Amendment
FY 2023/24
Parks & Recreation Capital Fund Current Increase/
(Decrease)
Revised
Expenditures
Park Impact Fees Monitoring Project $1,289,064 ($142,700) $1,146,364 Expenditures
Parks & Recreation Master Plan $300,000 $142,700 $442,700 City of Santa Clara Printed on 9/6/2023Page 2 of 3
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23-920 Agenda Date: 9/12/2023
Parks & Recreation Capital Fund Current Increase/
(Decrease)
Revised
Expenditures
Park Impact Fees Monitoring Project $1,289,064 ($142,700) $1,146,364 Expenditures
Parks & Recreation Master Plan $300,000 $142,700 $442,700

COORDINATION
This report has been coordinated with the Finance Department and 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

1. Authorize the City Manager to execute an Agreement with Wallace Roberts & Todd, LLC to provide professional services for the development of a Comprehensive Citywide Parks & Recreation Master Plan, with a maximum compensation of $442,624, subject to the appropriation of funds, and in a final form approved by the City Attorney;

2. Authorize the City Manager to (a) take any actions as necessary to implement and administer the Agreement, (b) negotiate and execute amendments to the Agreement to add, modify or delete services consistent with the Agreement’s scope of services, provided that the maximum compensation is not exceeded, and (c) to extend the term of the Agreement as required to complete the services required to develop the Citywide Parks & Recreation Master Plan, provided that the maximum compensation is not exceeded; and

3. Approve the following FY 2023/24 budget amendment in the Parks & Recreation Capital Fund to increase the Parks & Recreation Master Plan project appropriation by $142,700 and decrease the Park Impact Fees Monitoring project appropriation by the same amount (majority affirmative Council votes required).

Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: JōvanG. Grogan, City Manager

ATTACHMENTS

1. Agreement with Wallace Roberts & Todd, LLC
City of Santa Clara Printed on 9/6/2023Page 3 of 3
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Agreement with Wallace Roberts & Todd, LLC Page 1
Rev. 07-01-18

EBIX Insurance No. S200004347

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

WALLACE ROBERTS & TODD, LLC

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Wallace Roberts & Todd, LLC, a Pennsylvania limited liability company, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B1 – Schedule of Fees
Exhibit B2 – Fees by Task
Exhibit C – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes Agreement with Wallace Roberts & Todd, LLC Page 2
Rev. 07-01-18

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

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on September 1, 2023 and terminate on August 31, 2025.

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

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

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

6. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B1, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B1, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the Agreement with Wallace Roberts & Todd, LLC Page 3
Rev. 07-01-18

maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Consultant.

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

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

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

Consultant shall be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, as Consultant is for the acts and omissions of persons directly employed by it.

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

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

Agreement with Wallace Roberts & Todd, LLC Page 4
Rev. 07-01-18

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.

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

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

Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Consultant’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, Agreement with Wallace Roberts & Todd, LLC Page 5
Rev. 07-01-18

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

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

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

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

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

Agreement with Wallace Roberts & Todd, LLC Page 6
Rev. 07-01-18

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

City of Santa Clara
Attention: Parks & Recreation Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

And to Consultant addressed as follows:

Wallace Roberts & Todd, LLC
Attention: Peter Winch
478 Tehama St., Suite 2B
San Francisco, CA 94103
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and Agreement with Wallace Roberts & Todd, LLC Page 7
Rev. 07-01-18

following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.

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

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

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

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

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

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated : Approved as to Form: ----- ---------
GLEN R. GOOGINS
City Attorney
"CITY"
JOVAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

WALLACE ROBERTS & TODD, LLC
a Pennsylvania limited liability company
Dated: 7"""~'±~,_ =-,....,-=--:::;;c~~~-.,=1: ::--------- By (Signature): f---+-- ~ '--BP- =-~+--+- ------­
Name: >-----+-----~----+----------
Tit I e: rinci al
Principal Place of 478 Tehama Street Suit
Business Address: San Francisco, CA 94103
Email Address: [email protected]
Telephone : (415) 575-4722
Fax: N/A ------------------"CONSULTANT"
Agreement with Wallace Roberts & Todd, LLC
Rev. 07-01-18

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Consultant under this Agreement are set forth below:

1. GENERAL OVERVIEW

1.1. Consultant will employ all resources necessary to provide professional services for the development of the City’s Parks & Recreation Master Plan (Plan). The Plan will create a roadmap for ensuring equitable access, quantity, and proximity to quality parks and green space, recreation facilities and programs throughout the community now and into the future in support of the Parks & Recreation Department (Parks Department).

1.2. Specifically, Consultant will develop, collect, and analyze data to develop a clear set of goals, policies and standards for the acquisition, development, operation, maintenance and funding of the community’s public park system, green space, easements/joint use facilities, recreation facilities and programs to serve the needs of Santa Clara the next 15-20 years. Consultant shall work closely with Santa Clara residents, commissions, staff, and Council in preparing the Plan.

1.3. Plan contents are expected to include review of existing policy/literature/market analysis, community engagement, current program and facility participation and future needs/trend analysis, operation/maintenance/management plan, current facility/service area map(s) for parks and facilities, future acquisition needs/area analysis, park design standards and specifications, cost recovery policy, sample acquisition/development/maintenance agreements, and implementation strategies and timeline. The Plan shall also include documentation for possible submittal for the Commission for Accreditation of Park and Recreation Agencies (CAPRA).

1.4. Consultant will present the Plan to the Parks & Recreation Commission for their recommendation for approval and provide a final presentation of the Plan to the City Council for their consideration for approval and Plan adoption. Typically, it may take 12-14 months to complete the Plan including community outreach, survey, meetings, development of specific attachments, statistical analysis and editing of draft Plan and recommendations. Review and approval may take an additional two to four months and 1-2 meetings each of the Parks & Recreation Commission and the City Council to address any comments and recommended changes.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 2 Rev. 07-01-18

2. PROJECT TASKS
The following tables identify the task, activities, and deliverables the Consultant will provide.

2.1. Task 1 – Project Initiation/Management: Refer to the table below for tasks and deliverables for Task 1 Consultant will be responsible for.

Task # Task Description Task Activities
1 Project Initiation/Management

1.1 Project Kick-Off Meeting
a) Upon receipt of a written “Authorization to
Procced” from the City, the Parks Department
will hold a kick-off meeting with Consultant to
review project scope, the planning process, the
Consultant’s approach to community
engagement and set a tentative timeline for the
delivery of the project. The kickoff will be an
opportunity for involved City staff to share goals
and key issues.
b) The kickoff meeting will include a tour of
selected parks led by City staff representing a
range of perspectives (maintenance,
recreational programming, and capital
planning.)

1.2 Staff Coordination with
Consultant
a) Schedule monthly virtual conference meetings
with Consultant to ensure productive
communication on upcoming tasks, progress on
existing tasks and to verify the project remains
on time and within budget.
b) Meetings may be more frequent (biweekly)
during periods of intensive activity.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 3 Rev. 07-01-18

Task # Task Description Task Activities
1 Project Initiation/Management

1.3 Project Reporting
a) Provide the Parks Department and Parks &
Recreation Commission with regular quarterly
reports.
b) Provide quarterly updates for the City’s website.
c) Supply the Parks Department with at least one
(1) copy of all completed or partially completed
products as deemed necessary by the Parks
Department at least three (3) working days
before each progress meeting.
d) Consultant will schedule meetings in
coordination with the Department, as necessary,
at key times during the development of the
project.

1.4 Detailed Work Plan and
Ongoing Project
Management
Based on comments at the kick-off meeting and
guidance from City staff, Consultant will finalize a
detailed work plan and project schedule including
milestones, areas of responsibility, engagement
approach, and all information (i.e., background
document
s, GIS data) to be provided by City staff.

Consultant will maintain the project budget and
schedule, coordinate the activities of
Subconsultants, and submit monthly invoices.

Task 1 Deliverables (all deliverables are electronic files except where specified)

1.1 Kickoff meeting and agenda and materials.

1.2 Biweekly/monthly meeting agenda, minutes and action items.

1.3 Quarterly reports and copy of completed or partially completed products.

1.4 Detailed work plan and monthly invoices

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 4 Rev. 07-01-18

2.2. Task 2 – Community Engagement: Refer to the table below for tasks and deliverables for Task 2 Consultant will be responsible for.

Task # Task Description Task Activities
2 Community Engagement

2.1 Community Input
Strategy
a) Identify, describe, and implement a
comprehensive community involvement and
input during the Plan development process. The
Plan will define engagement components,
timing, and responsibilities
b) In engagement work, Consultant will provide
well-organized and directed activities,
techniques and formats that will ensure an
equitable, inclusive, open, and proactive public
participation process is achieved during
engagement work. Methods will solicit both
quantitative and qualitative data of sufficient
quantity and necessary quality, including under-
served populations, and both users and non-
users of the parks, services and facilities, and
across Santa Clara’s various demographic
groups, ages and interests.
c) Consultant will act as professional facilitators to
gather specific information about services, uses,
preferences and agency strengths, weaknesses,
opportunities, and threats.
d) C onsultant’s engagement will be designed to
help build consensus and agreement on the Plan
in the community and if consensus is not
possible, provide information for informed
decision making by the Department,
Commission and council.
e) Tasks 2.2 through 2.7 summarize the
engagement activities assumed for this proposal

project. Consultant will work to refine this
program in consultation with City staff to ensure
alignment with the City’s goals.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 5 Rev. 07-01-18

Task # Task Description Task Activities
2 Community Engagement

2.2 Branding, Outreach
Materials, and Website
Support
a) Consultant will develop project branding (logo,
style palette) to be used in all project-related
materials. Throughout the planning process,
Consultant will provide content and electronic
files that can used for flyers, posters, and for the
City’s website and social media.
b) Materials will be translated in Spanish as
appropriate.

2.3 Community Meetings
a) Pop-up events are a valuable way to raise
awareness of the planning effort and gather
informal feedback on vision and values in a
diversity of settings where people are already
gathering. Consultant will introduce the
community to the project through up to six (6)
physical presentations of the project at City
sponsored events such as July 4th Celebration,
Art & Wine Festival, and at parks and recreation
centers during active times.
b) Consultant will also lead one dedicated
community workshop that will enable the
planning team to share findings and relevant
context and get input on priorities for the future
parks, recreation and open space system.

Spanish-language interpreting services will be
provided at the workshop.

2.4 Stakeholder Meetings
Consultant and members of the Team, as-needed,
will conduct up to one (1) day of in-person meetings
with community partners, individually or in small
groups. Stakeholders should represent a cross-
section of park users and residents.

2.5 Community Surveys
Consultant will create up to two (2) surveys that can
be provided in-person at pop-up events and linked to
the City’s or project website and give community
members an opportunity to provide input outside the
workshop format. Consultant anticipates that one
survey will make use of ESRI’s GIS StoryMaps,
Surveys will be translated in Spanish as appropriate.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 6 Rev. 07-01-18

Task # Task Description Task Activities
2 Community Engagement

2.6 Targeted Outreach
a) Consultant will provide opportunities for additional focus groups and online survey participation.

Consultant will conduct targeted outreach to
specific communities that are not well-
represented
in public decision-making but who are critical
constituents for parks and recreation. Consultant
will establish connections and attend one (1)
regular meeting each with up to three (3)
community-based organizations, to introduce the
master plan effort. In particular, organizations
associated with youth and with non-English-
speaking communities should be sought.

Consultant assumes these meetings will take
place in person.
b) Spanish-language interpreting services will also
be provided.

2.7 Engagement
Summaries
Consultant will provide written summaries of the
results of all public process and communication
strategies that can be shared with the public.

Task 2 Deliverables (all deliverables are electronic files except where specified)

2.1 Community involvement strategy and timeline for the Parks Department review and approval.

2.2 Project branding and outreach materials for web and print (digital files), including Spanish translation.

2.3 Community meeting materials (pop-up and workshop programs, interactive and informational boards, presentations) including Spanish translation.

2.4 Presentation and facilitation questions for stakeholders.

2.5 Community survey instruments (print and online) including Spanish translation.

2.6 Presentations for targeted outreach to community groups including Spanish translation.

2.7 Report and analysis of the data/public input developed during the community outreach.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 7 Rev. 07-01-18

2.3. Task 3 – Resource and Data Collection: Refer to the table below for tasks and deliverables for Task 3 Consultant will be responsible for.

Task # Task Description Task Activities
3 Resource and Data Collection

3.1 Documentation Review
a) Consultant will review existing studies and
research conducted by the Parks Department
and other City departments to compile
available information about the Santa Clara
community and its parks and recreational
facilities, trends, and needs.
b) Consultant will summarize and identify gaps in
the data and how to efficiently and effectively
develop any additional public input data to be
used in the Plan development.

3.2 Assessment and
Analysis of Parks and
Recreation Facilities
a) Consultant will conduct analysis that considers
an equitable quantity, distribution, access,
inclusion, condition, cultural relevancy,
connections and proximity of parks, green
space, programs, recreation centers and
services on a per capita basis for the City
Consultant’s process will involve analysis of
existing documentation, including the Kitchell
report (2017), and an on-the-
ground qualitative
assessment of each of the City’s parks. The
assessment will follow a custo
mized evaluation
form developed in consultant with Parks staff.

Evaluation criteria will be based on the
expressed values of the community and focus
on improved health and environmental
outcomes as well as research based best
practices.

Consultant anticipates consideration of each of
the following areas:
• Access, including such considerations
as safe pedestrian street crossings; bike
facilities; internal circulation and
wayfinding.
• Functionality, including the way active
and passive use areas currently work
Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 8 Rev. 07-01-18

Task # Task Description Task Activities
3 Resource and Data Collection
together to create a successful park
experience.
• Safety, including visibility to and within
the park, lighting, and evidence of
misuse.

This will be a qualitative (good/fair/poor)
assessment, with notes to address specific
issues of concerns.
b) Consultant’s subconsultant, Group 4, will
undertake a functional analysts of recreation
buildings and facilities, considering the
program services and operations. As a base
scope, the following primary facilities will be
addressed:
• Community Recreation Center (CRC)
• Teen Center
• Senior Center
• Youth and Activities Building
Analysis will be documented graphically for
each facility and presented in one (1) meeting
with City staff or an advisor committee.

Consultant understands that the physical
condition of the recreation facilities, parks and
their individual assets will not be the focus of
this project. The condition assessment
conducted in 2017 will service as a baseline for
future study.

3.3 Assessment of
Programs, Services
and Maintenance
a) Consultant’s subconsultant, PROS Consulting,
will provide an assessment and analysis of the
Department’s current level of programs,
services, and maintenance in relation to
present and future goals, objectives, and
directives.
b) PROS Consulting will work with City staff to
conduct a classification of recreation services
to establish essential and value-added
services, recommend pricing and cost
Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 9 Rev. 07-01-18

Task # Task Description Task Activities
3 Resource and Data Collection
recovery strategies, and identify maintenance
best practices.
c) Consultant anticipates this to involve an in-
person workshop including City programming
and parks maintenance staff.

3.4 Geographic
Information System
(GIS)
a) Consultant will review and compile an
inventory of the existing parks, trails, green
spaces, and facilities in Geographic
Information System (GIS). Consultant’s park
system mapping and analysis will address:
• Parks and open spaces by type; schools
and other community facilities;
• Distribution of key recreation amenities;
• Parks and planned parks with planned land
use including in specific plan areas;
• Park access (10-minute walksheds);
• Parks by condition, based on the most
recent condition assessment (2017); and
• Parks in relation to key demographic
considerations: population density, median
household income, and families with
children.
b) Consultant’s mapping will be accompanied by
quantitative analysis and comparison to
national and comparable cities’ benchmarks
(south Bay Area).

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 10 Rev. 07-01-18

Task # Task Description Task Activities
3 Resource and Data Collection

3.5 Statistically=Valid
Survey
Consultant’s subconsultant, ETC Institute, will provide a community-wide statistically valid community needs
assessment survey on recreation and park programs
and facilities. The return rate will accurately represent a sampling of the population, including vulnerable
populations, so that an analysis can be segmented by
race, gender, age, and other relevant demographic
groupings.

Delivery of this task involves three phases,
as summarized below.
• Phase 1 - Design the Survey and prepare the
Sampling: ETC Institute will meet by phone/video
conference with City staff to discuss the goals and
objectives for the project. It is anticipated that 3-4
drafts of the survey will be prepared before the
survey is approved by the City. The survey will be
up to 6 pages in length.
• Phase 2 – Administer the Survey: ETC Institute will
mail the survey and a cover letter (on City
letterhead) to a random sample of households in
Santa Clara. Residents who receive the survey will
have the option of returning the printed survey by
mail or completing it online. ETC Institute
will follow
up with residents who receive the mailed survey by
sending texts, postcards, and a second mailing (if
needed) to maximize participation. A sample size
of 400 completed surveys will provide results that
have a margin error of +/- 5% at the 95% level of
confidence.
• Phase 3 - Analysis and Final Report: ETC Institute
will submit a final report to the City, with an
executive summary of major findings; charts and
graphs that show results for reach question;
Priorities-Investment Rating (PIR) analysis that will
identify the facilities and programs that should
receive the highest priority for investment from the
City; tabular data that shows the results for each
question on the survey, including open ended
questions; and a copy of the survey instrument.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 11 Rev. 07-01-18

Task # Task Description Task Activities
3 Resource and Data Collection

3.6 Demographic Analysis
and Recreational
Demand Analysis
a) PROS Consulting will review and interpret
demographic trends and characteristics of the
community, using information from the US
Census Bureau’s American Community
Survey, tapestry segmentation, the General
Plan and other regional and local sources.
b) PROS Consulting will prepare a recreation
demand study that will consider regional, new,
emerging, and declining trends in recreation
activities and expected demand for recreation
programs based on national and regional
recreation trends and the City’s demographic
composition.

Task 3 Deliverables (all deliverables are electronic files except where specified)

3.1 Memo on the documentation review including gaps identified in the data.

3.2 Report on the inventory and assessment of the existing parks, trails, green spaces, and facilities.

3.3 Report on existing programs and services.

3.4 Parks map atlas and park system comparative analysis.

3.5 Statistically-valid survey report.

3.6 Demographics and recreation trends report.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 12 Rev. 07-01-18

2.4. Task 4 – Implementation (Action Plan): Refer to the table below for tasks and deliverables that Consultant will be responsible for.

Task # Task Description Task Activities
4 Implementation (Action Plan)

4.1 Recommendations
Consultant, PROS Consulting, and Group 4 will
facilitate a half-day intensive working session with City staff to synthesize the findings from previous stages of the process into a clear statement of needs and critical opportunities, Following the working session,
Consultant will draft a recommendations outline that
will anchor the Parks Master Plan. Recommendations
will address the following:
a) U seable and workable classification of park and
open space types, including park size and
dimensions, locational characteristics, amenities,
design considerations, and other service
parameters defined as appropriate.
b) An approach to park and recreation facility level of service, using the existing General Plan guidance
and City ordinances as a baseline.
c) Informed by an approach to level of service, identify needs for land acquisition, and the development of
parks, trails, open spaces, and recreation facilities.
d) M aintenance, renovation and operations of existing
parks, trails and recreation facilities given aged
infrastructure and limitations on available funding.
e) O pportunities for collaboration, alternative provision of services and other solutions to minimize
duplication of facilities/staffing, increase
maintenance efficiency/effectiveness, or enhance
service levels.
f) O perations, staffing, maintenance, programming,
and funding needs.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 13 Rev. 07-01-18

Task # Task Description Task Activities
4 Implementation (Action Plan)

4.2 Opportunities and
Future Development
a) In a second internal workshop with City staff,
Consultant, PROS Consulting and Group 4 will
address specific opportunities for development and
improvements to the park system.

Recommendations will address the following:
• High-level definition of improvement needs at
each of the City’s existing parks and recreation
facilities.
• S pecific areas of opportunity in the City to
address service gaps identified in the
geographic analysis (Task 3.4).
• A reas of service shortfalls related to projected
recreation demand and future trends.
b) Following this working session, Consultant will
provide a clear plan for development of
programming for existing and new parks and
facilities, based on demand analysis.

4.3 Action Plan
a) Consultant’s team will develop an action plan that
identifies park and facility improvements, future
park needs, and initiatives related to recreational
programming, operations and maintenance.
b) Consultant’s team will provide a rough order-of-
magnitude capital cost estimates for the
development of up to three (3) park types, based
on the classification system defined in Task 4.2.

Estimates will also be provided for improvements
needed at existing park sites and recreation
buildings where strategic or transformational
improvements are proposed. Conceptual
improvement illustrations will be provided for up to
three (3) sites. Capital cost estimates for parks
where improvements would be limited to
rehabilitation of existing assets will be drawn from
the 2017 Condition Assessment. Consultant will
also provide rough o
rder of magnitude estimates of
operating and maintenance costs.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 14 Rev. 07-01-18

Task # Task Description Task Activities
4 Implementation (Action Plan)
c) Second, the action plan will include an analysis of
budget support and funding mechanisms for the
short-, mid- and long-term for the park system,
open spaces, trails and recreation programs and
services. PFAL will suggest options (based on
current knowledge and past experience at Santa
Clara) on available financing and delivery options
for up to five (5) different capital improvements,
performing financial modeling to support
recommendations and decision-making.
d) The action plan will prioritize strategies by their
level of impact on social, health and environmental
outcomes.

Task 4 Deliverables (all deliverables are electronic files except where specified

4.1 Recommendations report.

4.2 Report on park improvements, specific areas of opportunity, and areas of service shortfalls.

4.3 Action plan draft for review and approval by the Parks Department.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 15 Rev. 07-01-18

2.5. Task 5 – Development of Final Plans Supporting Materials: Refer to the table below for tasks and deliverables for Task 5 Consultant will be responsible for.

Task # Task Description Task Activities
5 Development of Final Plan and Supporting Materials

5.1 The Master Plan
Consultant will create an attractive, useable
planning document that includes the following:
a) A summary of existing conditions (park
inventory and assessment), system-wide
mapping and key metrics, population
projections and demographics.
b) A summary of community engagement and
priorities expressed during the process, and key
outcomes based on those priorities.
c) Vision, goals, and policy statements based on
the recommendations established in Task 4.1.

These will include recommended metrics for
park distribution, access, etc.
d) Park improvement recommendations and future
development opportunities identified in Task

4.2. e) An action plan that articulates a clear “roadmap” and model for the City’s Parks & Recreation
system’s future as developed in Task 4.3.
f) Charts, graphs, maps, and other data as
needed to support the plan and its presentation
to the appropriate audiences.

5.2 Parks & Recreation
Commission and City
Council Meetings
Consultant will participate in four (4) meetings total
(two (2) with Commission and two (2) with Council)
for required review, recommendation,
administrative draft and adoption of the final Plan.

Task 5 Deliverables (all deliverables are electronic files except where specified)

5.1 Administrative Draft parks master plan for the Parks Department review and input.

Incorporate input from the Parks Department and provide a final Administrative Draft of master plan for presentation to Commission and Council for review and approval.

Agreement with Wallace Roberts & Todd, LLC/Exhibit A-Scope of Services Page 16 Rev. 07-01-18

Task # Task Description Task Activities
5 Development of Final Plan and Supporting Materials
Task 5 Deliverables (continued)

5.2 Draft presentation to accompany the Administrative Draft for Commission review and recommendation to Council for Council review and approval.

5.3 Final Document in consultation with the Parks Department for posting on City website/

I
Agreement with Wallace Roberts & Todd, LLC/Exhibit B1-Schedule of Fees Page 1 Rev. 07-01-18

EXHIBIT B1

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Four Hundred Forty-Two Thousand Six Hundred Twenty-Four Dollars ($442,624), during the term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.

1.2. All payments are based upon City’s acceptance of Contractor’s performance of tasks specified in Exhibit A, Scope of Services. City shall have no obligation to pay unless Contractor has successfully completed the work for which payment is due.

1.3. The compensation to be paid by the City is specified below. The total for each task is based on time and materials, but not in total exceed the amount set forth for each task, regardless of the final actual total of hours necessary to complete each task. However, if a task can be completed for less than the not to exceed amount, only the actual amount shall be invoiced.

Table B1: Total Maximum Compensation
Description Total
Task 1: Project Initiation/Management $ 46,950
Task 2: Community Engagement $ 62,130
Task 3: Resource and Data Collection $ 155,895
Task 4: Implementation (Action Plan) $ 69,780
Task 5: Development of Final Plans Supporting Materials $ 48,140 Subtotal $ 382,895
Reimbursables $ 11,450
Interpreting and Translation Services $ 8,040
Subtotal for Tasks, Reimbursables, and Services $ 402,385 Contingency $ 40,239
TOTAL MAXIMUM COMPENSATION NOT-TO-EXCEED $ 442,624

1.4. See Exhibit B2 for task breakdown by cost and hours.

Agreement with Wallace Roberts & Todd, LLC/Exhibit B1-Schedule of Fees Page 2 Rev. 07-01-18

2. LABOR RATES

2.1. All hourly rates are fixed for the Term of the Agreement. In the event there is a need to extend the Agreement beyond two years, Consultant may request price adjustments to the hourly rates in Section 2.2 below. Rate increases must be supported by a relevant industry specific index and fully documented by Contractor. Rate adjustments are subject to City’s approval.

2.2. The hourly rates for Contractor’s personnel are listed below in Table B2 below:

Table B2: Hourly Rates
Consultant Name Title Hourly Rate
Wallace Roberts & Todd (Prime Consultant: Park Facility and System Planning)
John Gibb Principal $265
Peter Winch Senior Planner $205
Deeksha Rawat Project Manager/Planner $135
TBD LA Level I $115
TBD Administrative Support $105
PROS Consulting (Programming and Operations)
Mike Svetz Principal $200
Group 4 (Building Assessment)
Dawn Merkes Project Manager $195
Grace Tilghman JC $165
Project Finance Advisory Limited (Public Finance)
Victoria Taylor Finance and Funding $350
Caroline Judy Finance and Funding $375
Nikita Manayenkov Finance and Funding $315
ETC Institute (Statistically - Valid Survey)
No hourly rates

2.3. Hourly rates shall apply for any additional services requested by the City of Contractor outside of the specified scope of services herein.

3. INVOICING REQUIREMENTS

3.1. Contractor shall invoice the City on a monthly basis for the percentage of services completed for each task by Contractor during the preceding month.

The invoice must be in a format approved by the City, and include:

Agreement with Wallace Roberts & Todd, LLC/Exhibit B1-Schedule of Fees Page 3 Rev. 07-01-18

3.1.1. Identification of the tasks completed;

3.1.2. Description of work performed;

3.1.3. Deliverables completed;

3.1.4. Amount for services provided by task; and

3.1.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.

3.2. City shall pay Contractor within thirty (30) days of City’s receipt of an approved invoice.

Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 1 Rev. 07-01-18

EXHIBIT B2

FEES BY TASK AND CONSULTANT/SUBCONSULTANT

1. The below table specifies the hours and cost by task for the prime consultant, Wallace Roberts & Todd:

Tasks
John Gibb,
Principal
(WRT)
Peter
Winch,
Senior
Planner
(WRT)
Deeksha Rawat,
Project
Manager/Planner
(WRT)
LA
Level I
(WRT)
Administrative
Support (WRT) Hours Cost
$265 $205 $135 $115 $105
Task 1: Project Initiation/Management

1.1 Project Kick-Off Meeting 8 12 16 12 2 50 $8,330

1.2 Staff Coordination with
Consultants
16 44 56 116 $20,820

1.3 Project Reporting 2 8 16 4 30 $4,790

1.4 Detailed Work Plan and
Ongoing Project
Management
4 20 24 $3,520
TOTAL FOR TASK 1 26 68 108 16 2 220 $37,460
Task 2: Community Engagement

2.1 Community Input
Strategy
2 12 20 34 $5,690

2.2 Branding, Outreach
Materials, and Website
Support
2 8 24 34 $4,250

2.3 Community Meetings 8 24 58 80 4 174 $24,490
Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 2 Rev. 07-01-18

Tasks
John Gibb,
Principal
(WRT)
Peter
Winch,
Senior
Planner
(WRT)
Deeksha Rawat,
Project
Manager/Planner
(WRT)
LA
Level I
(WRT)
Administrative
Support (WRT) Hours Cost
$265 $205 $135 $115 $105

2.4 Stakeholder Meetings 2 8 10 20 $3,520

2.5 Community Surveys 4 8 16 28 $3,740

2.6 Targeted Outreach 12 12 4 28 $4,540

2.7 Engagement Summaries 12 24 36 12 84 $11,100
TOTAL FOR TASK 2 12 74 140 160 16 402 $57,330
Task 3: Resource and Data Collection

3.1 Documentation Review 2 12 24 8 46 $7,150

3.2 Assessment and
Analysis of Park and
Recreation Facilities
8 12 129 129 278 $36,830

3.3 Assessment of
Programs, Services, and
Maintenance
3 3 6 $1,020

3.4 Geographic Information
System Mapping and
System Benchmarking
2 8 86 129 225 $28,615

3.5 Statistically-Valid Survey 4 8 12 $1,900

3.6 Demographic Analysis
and Recreational Demand
Analysis
0 $0
TOTAL FOR TASK 3 86 311 652 489 36 567 $75,515
Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 3 Rev. 07-01-18

Tasks
John Gibb,
Principal
(WRT)
Peter
Winch,
Senior
Planner
(WRT)
Deeksha Rawat,
Project
Manager/Planner
(WRT)
LA
Level I
(WRT)
Administrative
Support (WRT) Hours Cost
$265 $205 $135 $115 $105
Task 4: Implementation (Action Plan)

4.1 Recommendations 8 24 40 24 96 $15,200

4.2 Opportunities and Future
Development
8 16 40 16 80 $12,640

4.3 Action Plan 8 12 24 24 68 $10,580
TOTAL FOR TASK 4 24 52 104 64 0 244 $38,420
Task 5: Development of Final Plans Supporting Materials

5.1 The Master Plan 12 40 60 90 4 206 $30,250

5.2 Parks & Recreation
Commission and City
Council Meetings
8 16 24 12 60 $10,020
TOTAL FOR TASK 5 20 56 84 102 4 266 $40,270
Subtotal for Services Provided by WRT $248,995
Reimbursables (Travel/Printing) $2,650
Interpreting and Translation Services $8,040
TOTAL FOR ALL SERVICES PROVIDED BY WALLACE ROBERTS & TODD $259,685

Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 4 Rev. 07-01-18

2. The below table specifies the hours and cost by task for the prime consultant’s subconsultant, PROS Consulting:

Tasks
Mike Svetz, Principal
Total Hours Cost
$200
Task 1: Project Initiation Management

1.1 Project Kick-Off Meeting 8 8 $1,600

1.2 Staff Coordination with
Consultants
4 4 $800

1.3 Project Reporting 4 4 $800

1.4 Detailed Work Plan and
Ongoing Project Management
0 $0
TOTAL FOR TASK 1 16 16 $3,200
Task 2: Community Engagement

2.1 Community Input Strategy 8 8 $1,600

2.2 Branding, Outreach Materials,
and Website Support
0 $0

2.3 Community Meetings 16 16 $3,200

2.4 Stakeholder Meetings 0 $0

2.5 Community Surveys 0 $0

2.6 Targeted Outreach 0 $0

2.7 Engagement Summaries 0 $0
TOTAL FOR TASK 2 24 24 $ 4,800.00
Task 3: Resource and Data Collection

3.1 Documentation Review 4 4 $800
Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 5 Rev. 07-01-18

Tasks
Mike Svetz, Principal
Total Hours Cost
$200

3.2 Assessment and Analysis of
Park and Recreation Facilities
0 $0

3.3 Assessment of Programs,
Services, and Maintenance
60 60 $12,000

3.4 Geographic Information System
Mapping and System
Benchmarking
0 $0

3.5 Statistically-Valid Survey 0 $0

3.6 Demographic Analysis and
Recreational Demand Analysis
24 24 $4,800
TOTAL FOR TASK 3 144 88 $17,600
Task 4: Implementation (Action Plan)

4.1 Recommendations 24 24 $4,800

4.2 Opportunities and Future
Development
16 16 $3,200

4.3 Action Plan 40 40 $8,000
TOTAL FOR TASK 4 80 80 $16,000
Task 5: Development of Final Plans Supporting Materials

5.1 The Master Plan 8 8 $1,600

5.2 Parks & Recreation
Commission and City Council
Meetings
8 8 $1,600
TOTAL FOR TASK 5 16 16 $3,200
Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 6 Rev. 07-01-18

Tasks
Mike Svetz, Principal
Total Hours Cost
$200
Subtotal for All Tasks $44,800
Reimbursables $4,800
TOTAL FOR ALL SERVICES PROVIDED BY PROS CONSULTING $49,600

3. The below table specifies the hours and cost by task for the prime consultant’s subconsultant, Group 4:

Tasks
Dawn Merkes, Project
Manager (Group 4)
Grace Tilghman,
JC (Group 4) Total
Hours Cost
$195 $165
Task 1: Project Initiation Management

1.1 Project Kick-Off Meeting 4 4 8 $1,440

1.2 Staff Coordination with
Consultants 4 8 12 $2,100

1.3 Project Reporting 2 8 10 $1,710

1.4 Detailed Work Plan and Ongoing
Project Management

0 $0
TOTAL FOR TASK 1 10 20 30 $5,250
Task 2: Community Engagement - NO LABOR WILL BE PROVIDED BY GROUP 4 FOR THIS TASK Task 3: Resource and Data Collection

3.1 Documentation Review 4 10 14 $2,430

3.2 Assessment and Analysis of Park
and Recreation Facilities 28 80 108 $18,660
Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 7 Rev. 07-01-18

Tasks
Dawn Merkes, Project
Manager (Group 4)
Grace Tilghman,
JC (Group 4) Total
Hours Cost
$195 $165

3.3 Assessment of Programs,
Services, and Maintenance 0 $0

3.4 Geographic Information System
Mapping and System Benchmarking 0 $0

3.5 Statistically-Valid Survey 0 $0

3.6 Demographic Analysis and
Recreational Demand Analysis 0
$0
TOTAL FOR TASK 3 52 130 122 $21,090
Task 4: implementation (Action Plan)

4.1 Recommendations 8 16 24 $4,200

4.2 Opportunities and Future
Development 4 8 12 $2,100

4.3 Action Plan 4 8 12 $2,100
TOTAL FOR TASK 4 16 32 48 $8,400
Task 5: Development of Final Plans Supporting Materials - NO LABOR WILL BE PROVIDED BY GROUP 4 FOR

THIS TASK
Subtotal for All Tasks $34,740
Reimbursables $4,000
TOTAL FOR ALL SERVICES PROVIDED BY GROUP 4 $38,740

Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 8 Rev. 07-01-18

4. The below table specifies the hours and cost by task for the prime consultant’s subconsultant, Project Finance Advisory Limited:

Tasks
Victoria Taylor,
Finance and Funding
(Project Finance
Advisory Limited)
Caroline Judy,
Finance and
Funding (Project
Finance Advisory
Limited)
Nikita
Manayenkov,
Finance and
Funding (Project
Finance Advisory
Limited)
Total
Hours
Cost
$350 $375 $315
Task 1: Project Initiation Management

1.1 Project Kick-Off Meeting 1 1 1 3 $1,040

1.2 Staff Coordination with
Consultants
0 $0

1.3 Project Reporting 0 $0

1.4 Detailed Work Plan and
Ongoing Project Management
0 $0
TOTAL FOR TASK 1 1 1 1 3 $1,040
Task 2: Community Engagement - NO LABOR WILL BE PROVIDED BY PROJECT FINANCE ADVISORY LIMITED FOR THIS TASK
Task 3: Resource and Data Collection

3.1 Documentation Review 1 2 6 9 $2,990

3.2 Assessment and Analysis
of Park and Recreation
Facilities
16 4 40 60 $19,700

3.3 Assessment of Programs,
Services, and Maintenance
0 $0
Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 9 Rev. 07-01-18

Tasks
Victoria Taylor,
Finance and Funding
(Project Finance
Advisory Limited)
Caroline Judy,
Finance and
Funding (Project
Finance Advisory
Limited)
Nikita
Manayenkov,
Finance and
Funding (Project
Finance Advisory
Limited)
Total
Hours
Cost
$350 $375 $315

3.4 Geographic Information
System Mapping and System
Benchmarking
0 $0

3.5 Statistically-Valid Survey 0 $0

3.6 Demographic Analysis and
Recreational Demand Analysis
0 $0
TOTAL FOR TASK 3 19 8 48 69 $22,690
Task 4: Implementation (Action Plan)

4.1 Recommendations 4 2 6 $2,150

4.2 Opportunities and Future
Development
0 $0

4.3 Action Plan 8 2 4 14 $4,810
TOTAL FOR TASK 4 12 4 4 20 $6,960
Task 5: Development of Final Plans Supporting Materials

5.1 The Master Plan 4 2 8 14 $4,670

5.2 Parks & Recreation
Commission and City Council
Meetings
0 $0
TOTAL FOR TASK 5 4 2 8 14 $4,670
TOTAL FOR ALL SERVICES $35,360
Agreement with Wallace Roberts & Todd, LLC/Exhibit B2-Fees by Task and Consultant/Subconsultant Page 10 Rev. 07-01-18

5. The below table specifies the hours and cost by task for the prime consultant’s subconsultant, ETC Institute:

Tasks ETC Institute Cost
Task 1: Project Initiation Management - NO LABOR WILL BE PROVIDED BY ETC

INSTITUTE FOR THIS TASK
Task 2: Community Engagement - NO LABOR WILL BE PROVIDED BY ETC INSTITUTE

FOR THIS TASK
Task 3: Resource and Data Collection

3.1 Documentation Review $0

3.2 Assessment and Analysis of Park and Recreation
Facilities
$0

3.3 Assessment of Programs, Services, and
Maintenance
$0

3.4 Geographic Information System Mapping and
System Benchmarking
$0

3.5 Statistically-Valid Survey $ 19,000 $19,000

3.6 Demographic Analysis and Recreational Demand
Analysis
$0
TOTAL FOR TASK 3 $19,000
Task 4: Implementation (Action Plan) - NO LABOR WILL BE PROVIDED BY ETC

INSTITUTE FOR THIS TASK
Task 5: Development of Final Plans Supporting Materials - NO LABOR WILL BE

PROVIDED BY ETC INSTITUTE FOR THIS TASK
TOTAL FOR ALL SERVICES PROVIDED BY ETC INSTITUTE $19,000

Agreement with Wallace Roberts & Todd, LLC/Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

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

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than Agreement with Wallace Roberts & Todd, LLC/Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18

one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS’ COMPENSATION

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

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

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

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

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

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Consultant’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

Agreement with Wallace Roberts & Todd, LLC/Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18

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

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

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

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:

1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Consultant agrees that upon request by City, all agreements with, and insurance compliance Agreement with Wallace Roberts & Todd, LLC/Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18

documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.

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

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

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subconsultant (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Consultant shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City’s request, Consultant shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
[email protected]

Or mailed to:

EBIX Inc.

City of Santa Clara Parks & Recreation Department
P.O. Box 100085 – S2
Duluth, GA 30096
Agreement with Wallace Roberts & Todd, LLC/Exhibit C-Insurance Requirements Page 5 Rev. 07-01-18

Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-834 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with West Yost & Associates, Inc. with a Maximum Compensation of $949,502 to Update the City’s Water Supply Master Plan and to Approve the Related Budget Amendments

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City’s Water Master Plan helps guide the Water & Sewer Utilities Department (Department) in its effort to continue to meet the water needs of Santa Clara. Since the Water Master Plan was last updated in 2002, the City has experienced significant growth in housing and redevelopment and continues to face challenges in water supply due to severe droughts.

The Department is seeking to update the 2002 Water Master Plan to adopt an innovative and sustainable plan that encompasses a One Water long-term plan that addresses drought and climate resiliency. The “One Water” approach envisions managing all water in an integrated, comprehensive, and sustainable manner that considers all water resources from ground water, treated water, wastewater, recycled water, dry weather runoff and stormwater that improves water resiliency to climate change.

Additionally, an updated Water Master Plan will address business efficiencies to minimize asset failures through optimized designs and management practices. This will include capital improvement planning to support the implementation of the updated Water Master Plan including the development of an Asset Management Program to ensure existing infrastructure replacements support stewardship of the City’s long-term drinking water supply strategy.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Statement of Qualifications (SOQ) was conducted, with the award recommendation based on “best value”.

Staff initially published the SOQ for the One Water Santa Clara - Sustainable Water Supply Master Plan Update in December 2019 and again in October 2022. Staff posted the SOQ on the City’s e- procurement system and reached out to firms in the water industry. However, only one proposal was received in the 2019 procurement, which was subsequently withdrawn, and no proposals were received in the 2022 procurement.

In January 2023, staff re-published the SOQ on the City’s e-procurement system and invited three City of Santa Clara Printed on 9/7/2023Page 1 of 4
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23-834 Agenda Date: 9/12/2023
firms to participate. Two proposals were received from EKI Environment & Water, Inc. (EKI) and West Yost & Associates, Inc. (West Yost).

A three-member evaluation team independently evaluated and scored the proposals against the criteria and weights published in the SOQ. Both firms were then invited for oral interviews to introduce their proposed project team members and demonstrate their ability to meet the City’s requirements. Following oral presentations, the evaluation team determined that West Yost submitted the best value proposal. West Yost’s proposal was rated superior in the following key areas:
· Has over 30 years of experience in water supply and system planning. · Has completed Water Master Plan Updates for neighboring cities such as Milpitas, San Bruno, and Menlo Park.
· Employs certified and registered professionals in various fields related to water resources, environmental, geology, hydrogeology, risk management, asset management, and condition assessment.

The proposed agreement with West Yost has a maximum compensation of $949,502, with milestone payments tied to the successful completion of key project deliverables. It includes a detailed scope of services with a breakdown of tasks, that includes the following:
· Task 1 - Project Management
· Task 2 - Data Collection
· Task 3 - Refinement of Water Demand Projection
· Task 4 - Update of Water System Evaluation Criteria
· Task 5 - Water System Capacity and Performance Evaluations · Task 6 - Implementation Strategy Alternatives
· Task 7 - Development of Capital Improvement Plans
· Task 8 - Asset Management Plan
· Task 9 - Master Plan Report
· Task 10 - Water Supply Assessment
· Task 11 - Evaluation of Development Fees
· Task 12 - Asset Management for City Sewer Collection System Approval of the recommendations will provide the City with an updated Water Supply Master Plan that encompasses:
· Resource planning efforts addressing drought and climate resilience. · Integrated, comprehensive, and sustainable approach to all water resources from ground water, treated water, wastewater, recycled water, dry weather runoff and stormwater that improves water resiliency to climate change.
· Capital improvement planning including the development of an Asset Management Program to ensure existing infrastructure replacements to support the stewardship of the City’s long-term potable water supply strategy.
· An asset registry and hierarchy for the City’s sanitary sewer collections system.

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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
The cost of the Master Plan project is $949,502 and is recommended to be funded from Water Utility and Sewer Utility funds. The recommended budget amendment below appropriates $949,502 to the Asset Management Program project in the Water Utility Capital Fund. Of this amount, $168,118 is recommended to be transferred from the Recycled Water Capital Fund, $50,000 is recommended to be transferred from the Sewer Utility Fund, and $731,384 is recommended to be appropriated from the Water Utility Capital Fund unrestricted ending fund balance.

Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Recycled Water Capital Fund
Transfers To
Water Utility Capital Fund $0 $168,118 $168,118
Fund Balance
Unrestricted Ending Fund Balance $572,874 ($168,118) $404,756 Sewer Utility Fund
Transfers To
Water Utility Capital Fund $0 $50,000 $50,000
Fund Balance
Unrestricted Ending Fund Balance $6,154,980 ($50,000) $6,104,980 Water Utility Capital Fund
Transfers From
Recycled Water Capital Fund $0 $168,118 $168,118
Sewer Utility Fund $0 $50,000 $50,000
Expenditures
Asset Management Program project $347,636 $949,502 $1,297,138 Fund Balance
Unrestricted Ending Fund Balance $8,740,570 ($731,384) $8,009,186 City of Santa Clara Printed on 9/7/2023Page 3 of 4
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23-834 Agenda Date: 9/12/2023

COORDINATION
This report has been coordinated with the Finance Department and 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

1. Authorize the City Manager to execute an agreement with West Yost & Associates, Inc. (Agreement), in substantially the form attached to this Report to Council and subject to the review and approval of the City Attorney, to update the City’s Water Supply Master Plan, for a term starting on or around September 1, 2023 and ending on or around June 30, 2028, with a maximum compensation not-to-exceed $949,502, subject to the appropriation of funds;

2. Authorize the City Manager to (a) take any actions as necessary to implement and administer the Agreement and (b) extend the term of the Agreement as required to complete the services required to update the Water Master Plan, provided that the maximum compensation is not exceeded;

3. Authorize the Director of Water & Sewer Utilities to negotiate and execute amendments to the Agreement to add, modify or delete services consistent with the Agreement’s scope of services, provided that the maximum compensation is not exceeded; and

4. Approve the following FY 2023/24 budget amendments:
a. In the Recycled Water Capital Fund, establish a transfer to the Water Utility Capital Fund and reduce the unrestricted ending fund balance by $168,118 (five affirmative Council votes required for the use of unused balances ); b. In the Sewer Utility Fund, establish a transfer to the Water Utility Capital Fund and reduce the unrestricted ending fund balance by $50,000 (five affirmative Council votes required for the use of unused balances ); and
c. In the Water Utility Capital Fund, recognize a transfer of $168,118 from the Recycled Water Capital Fund, recognize a transfer of $50,000 from the Sewer Utility Fund, reduce the unrestricted ending fund balance by $731,384, and increase the Asset Management Program project by $949,502 (five affirmative Council votes required to appropriate additional revenue and for the use of unused balances ).

Reviewed by: Gary Welling, Director, Water & Sewer Utilities Department Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Agreement with West Yost & Associates, Inc.

City of Santa Clara Printed on 9/7/2023Page 4 of 4
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Design Professional Agreement with West Yost Page 1 of 30 Rev. 07-01-18
EBIX Insurance No. S200005188

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
WEST YOST & ASSOCIATES, INC.

PREAMBLE
This Agreement is entered into as of the City’s execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and West Yost & Associates, Inc., a California corporation, (Contractor or Consultant).

City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Exhibit C – Insurance Requirements
Design Professional Agreement with West Yost Page 2 of 30 Rev. 07-01-18
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date and terminate on June 30, 2028.

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

A. City recognizes that Contractor’s performance must be governed by sound professional practices in a manner consistent with the Standard of Care.

B. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Contractor shall be approved and signed by an appropriate qualified licensed professional in the State of California.

C. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.

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

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Design Professional Agreement with West Yost Page 3 of 30 Rev. 07-01-18
Contractor’s representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline currently practicing under similar circumstances at the same time and in the same or similar locality (“Standard of Care”).

6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is set forth in Section 1 of Exhibit B, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

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

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

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

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

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

Design Professional Agreement with West Yost Page 4 of 30 Rev. 07-01-18

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

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

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

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

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain Design Professional Agreement with West Yost Page 5 of 30 Rev. 07-01-18
sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Contractor, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.

The Parties also acknowledge that this Agreement is subject to California Civil Code 2782.8 as amended and effective January 1, 2018.

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

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

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

Design Professional Agreement with West Yost Page 6 of 30 Rev. 07-01-18

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

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

City of Santa Clara
Attention: Water & Sewer Utilities Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]

And to Contractor addressed as follows:

West Yost & Associates, Inc.

Attention: Elizabeth Drayer
2020 Research Park Drive, Suite 100
Davis, CA 95618
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”) in a manner consistent with the Standard of Care. In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter

2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299 ).

Design Professional Agreement with West Yost Page 7 of 30 Rev. 07-01-18

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

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

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

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

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

24. AMENDMENTS
A. Change Orders. Any changes to this Agreement that relate to (i) the deletion of Services, (ii) adding additional Services, or (iii) changing or modifying Services, not to exceed the maximum compensation of this Agreement, shall be made by a written change order authorized by the Director of Water & Sewer Utilities.

Design Professional Agreement with West Yost Page 8 of 30 Rev. 07-01-18
B. Amendments. Any changes to this Agreement that relate to (i) an increase in the maximum compensation of this Agreement, or (ii) the term of this Agreement, or (iii) any other terms or conditions of the Agreement not covered by the Change Order provisions set forth above, may only be made by a written amendment duly authorized and executed by the Parties to this Agreement.

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

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

WEST YOST & ASSOCIATES, INC.
a California corporation
Dated:

By (Signature):

Name: Greg Chung
Title: Vice President
Principal Place of
Business Address:
2020 Research Park Drive, Suite 100
Davis, CA 95618
Email Address: [email protected]
Telephone: (530) 756-5905
Fax: (530) 756-5991
“CONTRACTOR”

Agreement with West Yost/Exhibit A-Scope of Services Page 9 of 30 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES

1. INTRODUCTION

1.1. This Scope of Services outlines the services to be performed by Consultant to deliver an updated Water Supply Master Plan (WSMP). The WSMP will encompass recommended policies, practices, long-term implementation strategies, and capital improvement plans as described in this Exhibit A.

1.2. The WSMP’s planning horizon will extend until 2040, aligning closely with the Urban Water Management Plan (UWMP) and the City’s General Plan 2010–2035. This planning horizon encompasses the long-term goals for the future and guides daily decision-making. It includes all current and future developments for commercial, industrial, and residential units, as well as any Regional Housing Needs Allocation (RHNA) requirements.

1.3. To deliver the updated WSMP, Consultant shall be responsible for, including but not limited to, the following services:

1.3.1. Conducting a comprehensive review of the following documents:

1.3.1.1. Santa Clara 2002 Water Master Plan and its associated reports, maps, and documentation.

1.3.1.2. South Bay Water Recycling (SBWR) Master Plan.

1.3.1.3. Valley Water documents.

1.3.1.4. Bay Area Water Supply & Conservation Agency (BAWSCA) documents.

1.3.1.5. San Francisco Public Utilities Commission (SFPUC) documents;

1.3.2. coordinating with relevant stakeholders;

1.3.3. forecasting future potable and recycled water demands;

1.3.4. identifying future recycled water uses and demands to supplant the use of potable water;

1.3.5. identifying indirect and direct recycled water reuse opportunities including Capital Improvement Program (CIP) program to extend recycled water lines;

1.3.6. identifying urban water runoff that includes dry weather and stormwater runoff capture and treatment opportunities;

1.3.7. identifying potential potable and recycled water supply sources; Agreement with West Yost/Exhibit A-Scope of Services Page 10 of 30 Rev. 07-01-18

1.3.8. identifying impacts from climate change, future droughts, the proposed Bay Delta Plan, and potential regional water supply losses;

1.3.9. recommending drought and climate resiliency policy proposals;

1.3.10. identifying conservation policies and initiatives that balance demand and supply including policies that will move the City towards eliminating or neutralizing impacts of building development on the City’s overall water demand (i.e., water neutrality, green building codes, State requirements, etc.);

1.3.11. identifying impacts and solutions related to the City’s non-permanent status with SFPUC;

1.3.12. evaluating the current state of the potable and recycled water distribution system with respect to current water demands, future water demands, system capacity, system condition, and regulatory requirements;

1.3.13. utilizing the existing updated hydraulic model to perform analysis;

1.3.14. evaluating probable future storage requirements based on projected development and anticipated regulatory changes;

1.3.15. evaluating probable future condition and serviceability of the system due to system aging;

1.3.16. developing a CIP long-term implementation strategy;

1.3.17. identifying needed capital improvements projects and system rehabilitation measures as necessary to provide a (CIP), and analyzing the City’s user fee and system development fee schedules to make recommendations and to calculate updated fee schedules;

1.3.18. developing an Asset Management Charter which will help guide the strategic framework to provide for a healthy environment and sustainable infrastructure;

1.3.19. developing an Asset Management Program for linear (horizontal) and nonlinear (vertical) assets that will include potable water with options for recycled water, sanitary sewer system and storm pump stations to address the City’s ongoing need to continuously improve its operational procedures and practices, as well as address the infrastructure management level of service requirements for short and long-term planning horizons;

1.3.20. developing an Asset Hierarchy and assess asset risks applying Business Risk Exposure (BRE) methodology, including developing risk mapping using failure prediction technologies;

1.3.21. aligning the City’s water supply practices with State of California statutes associated with “Making Conservation a California Way of Life” and related Agreement with West Yost/Exhibit A-Scope of Services Page 11 of 30 Rev. 07-01-18
California Water Action Plan and proposed water conservation efficiency standards and regulations;

1.3.22. considering One Water Plan community-based water management approach that recognizes all urban water supplies as resources that includes, groundwater, treated water, wastewater, urban water runoff (dry weather and stormwater runoff), recycled water (treated wastewater);

1.3.23. working with the legislative advocacy consultant to provide technical data that supports important initiatives;

1.3.24. incorporating recent well study reports;

1.3.25. reviewing recently approved green building codes/ordinance; and

1.3.26. reviewing the City’s current sustainable practices related to water supply self-sufficiency, water conservation and efficiency standard goals, and best management practices/standards.

2. DOCUMENTS
To the extent not inconsistent with this Agreement, the City’s SOQ# 22-23-62 (including subsequent updates) and Contractor’s proposal response dated February 17, 2023, are hereby incorporated by reference herein and shall supplement this Scope of Services and be subject to the terms and conditions of the Agreement. In the event of a conflict between the Agreement (including its Exhibits and the SOQ or Contractor’s proposal), the Agreement and this Exhibit shall govern.

3. KEY PERSONNEL

3.1. The following individuals are designated as Key Personnel as of the Effective Date of this Agreement.

Name Title/Role
Greg Chung, PE Principal-in-Charge
Elizabeth Drayer, PE Project Manager
Polly Boissevain, PE QA/QC Reviewer (Water Master Plan) Patrick Johnston, PE QA/QC Reviewer (Modeling Review)
Whitney Jones, PE Project Engineer (Water Master Plan)
Ken Loy, PG, CEG, CHG Project Engineer (Groundwater Assessment) Amy Kwong, PE Project Engineer (Water Supply Assessment) Michael Zacharia, PE
Jiban Das
Anne Girtz, PE
Jeff Cooley (Subconsultant)
Asset Management
Tom West, PE
Amy Kwong, PE
Rhodora Biagtan, PE
One Water
Agreement with West Yost/Exhibit A-Scope of Services Page 12 of 30 Rev. 07-01-18
Name Title/Role
Bartle Wells (subconsultant)
Alex Handlers, CIPMA
Erik Helgeson
Development Fee

3.2. Any replacement of Key Personnel whether requested by the City or Consultant is subject to the City’s final approval.

4. PHASE I – PROJECT MANAGEMENT AND DATA COLLECTION

4.1. Project Management (Task 1)

4.1.1. Project Administration. Consultant shall provide a Project Administration Plan to direct, coordinate, and monitor the activities of the project with respect to budget, schedule, and contractual obligations.

4.1.2. Coordination Meetings. Consultant shall conduct online biweekly progress conference meetings to review project progress, issues to be resolved, early study results, etc. Since Master Plan studies tend to develop and evolve throughout the project, Consultant shall ensure that both the City and Consultant remain “on the same page” regarding study’s direction, objectives, and deliverables.

4.1.3. QA/QC Review. This task covers efforts associated with the internal quality control and technical review process. Specifically, Consultant shall conduct internal QA/QC discussions and follow-up with technical experts as necessary during the course of the project. Internal checking or peer review of all deliverables shall also be performed.

4.1.4. Task 1 Deliverables

4.1.4.1. Project Administration Plan including project team and tentative schedule

4.1.4.2. Bi-Weekly Coordination Meetings

4.1.4.3. Meeting/Call Agendas and Notes

4.1.4.4. Monthly Invoices and Status Reports

4.2. Data Collection (Task 2)

4.2.1. Kickoff Meeting and Project Overview. Consultant shall initiate the project with a kickoff meeting on-site. Consultant shall prepare an agenda for the kickoff meeting, collect data, and discuss the schedule of the project.

4.2.2. Interviews. Consultant shall conduct two two-hour online interviews (one for the City’s potable water system and one for the recycled water system) with City personnel familiar with the water distribution systems to collect Agreement with West Yost/Exhibit A-Scope of Services Page 13 of 30 Rev. 07-01-18
information on the operation and maintenance of the systems and known deficiencies, if any. Site visits, assumed to be completed in one day, shall be made to specific facilities, if necessary.

4.2.3. Potable and Non-Potable (Recycled) Water Distribution Systems Information and Data. Consultant shall submit a list of information (e.g., demand projections, existing hydraulic models, etc.) requested from and to be provided by the City. Consultant and City shall discuss requested data which the City is unable to provide. Consultant shall provide data alternative suggestions to address any data deficiencies, if necessary.

4.2.4. Specific Documents. Consultant may be required to conduct a review of specific documents, including but not limited to:

4.2.4.1. City of Santa Clara 2010-2035 General Plan
(
https://www.santaclaraca.gov/our-city/departments-a-
f/community-development/planning-division/general-plan)

4.2.4.2. City of Santa Clara 2002 Water Master Plan (a copy of which has been provided to Consultant)

4.2.4.3. 2020 Urban Water Management Plan, June 2021
(
https://www.santaclaraca.gov/our-city/departments-g-z/water- sewer-utilities/water-utility/urban-water-management-plan)

4.2.4.4. South Bay Water Recycling (SBWR) Strategic and Master Planning Volume 1 Report and SBWR Strategic and Master
Planning Volume 2 Appendices, December 2014
(https://www.valleywater.org/accordion/related-reports)

4.2.4.5. Various specific development plans proposed by the City (provided by City as required)

4.2.5. Task 2 Deliverables

4.2.5.1. Kickoff Meeting Agenda and Notes

4.2.5.2. Water Supply Master Plan Report Outline

4.2.5.3. Introduction Chapter

4.2.5.4. Existing Potable Water and Recycled Water System Chapter

5. PHASE II – SYSTEM EVALUATION

5.1. Refine Water Demand Projection (Task 3)

5.1.1. Future Demand Forecast. Consultant shall forecast future water demands for the City service areas based on future land use planning. Consultant will be responsible for coordinating with the City’s Planning Department as needed to analyze the anticipated growth documented in the City’s General Agreement with West Yost/Exhibit A-Scope of Services Page 14 of 30 Rev. 07-01-18
Plan, the SBWR Master Plan, and other relevant City documents to create associated future demand projections. City will provide the past five years of production and metered consumption data for the potable and non-potable water systems. Consultant will review and update unit water demand factors and maximum day and peak hour demand factors on a system-wide basis.

Future demand forecast will be submitted in five-year increments for the entire planning horizon of the Master Plan for each service area by use type (residential, commercial, industrial, commercial, etc.) and water type (potable vs. non-potable). Approximate spatial location of new water demands (both near-term and long-term) will be determined for allocation into the hydraulic model.

Water demand projections must consider increased water usage from all new developments and specific plans that the City is planning on serving as well as changes to existing water usage due to redevelopment or other projected changes into the existing service areas.

5.1.2. Task 3 Deliverables

5.1.2.1. Potable and Recycled Water Demands Chapter

5.2. Update Water System Evaluation Criteria (Task 4)

5.2.1. Consultant shall produce a chapter with criteria to be used in the evaluation of the potable distribution systems inclusive of reservoirs, wells and other appurtenances and the identification of proposed improvements. The criteria will be based on the latest governing regulatory requirements and general engineering practice and City standards. City will provide Fire Department staff contact information.

5.2.2. Task 4 Deliverables

5.2.2.1. System Planning and Evaluation Criteria Chapter

5.3. Perform Water System Capacity and Performance Evaluations (Task 5)

5.3.1. Evaluate Potable Distribution System Capacities. Consultant shall evaluate service areas in Zone 1, 2, and 2A using the existing hydraulic models to determine their capacities to deliver water under peak demand conditions as well as under fire flow conditions. City will provide a calibrated, working potable water system hydraulic model which accurately represents the City’s current water system facilities and operations with an appropriate extended period simulation (EPS) scenario for water age evaluation.

Hydraulic performance evaluations will consist of static simulations for peak hour and maximum day plus fire flow demand conditions and EPS for water age. Capacity and performance evaluations will be performed for three timeframes (existing, near-term and long-term). City will provide water quality data and may need to perform additional water quality sampling.

Agreement with West Yost/Exhibit A-Scope of Services Page 15 of 30 Rev. 07-01-18
Consultant shall run and evaluate the following model scenarios:

5.3.1.1.1. current and future peak hour demands (during maximum day);

5.3.1.1.2. current and future average maximum day demand plus fire flow (evaluated at fire flow junctions);

5.3.1.1.3. water age (locations in the model having water age greater than ideal with chlorine deficiencies
impacting water quality and potential for positive
bacteria sample results); and

5.3.1.1.4. storage and supply capacities to ensure they meet operational and regulatory requirements with
identification of any deficiencies discovered in the
existing distribution systems.

5.3.1.1.5. Impacts to pressure, hydraulic flow and demands of current and future development and identify
deficiencies.

5.3.2. Task 5 Deliverables

5.3.2.1. Existing Water System Capacity and Performance Evaluation Chapter

5.3.2.2. Future Water System Capacity and Performance Evaluation Chapter

5.3.2.3. Water Quality/Water Age Evaluations Appendix

6. PHASE III – SYSTEM PLANNING

6.1. Evaluate Implementation Strategy Alternatives (Task 6)

6.1.1. Development of Short-Term and Long-Term Implementation Strategy Alternatives. Consultant shall layout an overall preferred short-term and long-term implementation strategy for each of the City’s service areas (Zones 1, 2, and 2A) to address future ongoing needs of the potable and non-potable distribution systems. Consultant shall identify and develop strategic planning and operational alternatives. A number of viable alternatives (no fewer than three and no more than five) will be developed for each service area. At a minimum, the alternatives must address the following concerns:

6.1.1.1. define how to best finance, operate, maintain, and rehabilitate the City’s assets now and into the future;

6.1.1.2. satisfy regulatory, institutional, and financial commitments and restraints;
Agreement with West Yost/Exhibit A-Scope of Services Page 16 of 30 Rev. 07-01-18

6.1.1.3. consider the future condition, capacities, and serviceability of the potable and non-potable distribution systems;

6.1.1.4. optimize available and/or potential water sources to meet the future demand forecasts, based on expected contract
availability, cost of each water source, operational flexibility, customer preferences, energy needs, infrastructure needs and their associated costs, and environmental impact; and

6.1.1.5. account for future flexibility in the recommendations to allow the City to modify or change course depending on actual future conditions, which may vary from the currently forecasted future conditions.

6.1.2. Screening and Evaluation of Short-Term and Long-Term Implementation Strategy Alternatives. The alternatives developed in Section 5.1.1 will be reviewed and evaluated by the City project team to narrow down the list of possible alternatives. Consultant shall compile the feedback to further define the most preferred options and perform a cost- benefit analysis. As part of this effort, Consultant shall provide recommendations for the following:

6.1.2.1. Groundwater treated water supplies and water transmission main alignments. Based on the results of the evaluation, Consultant shall identify regions north of Highway 101 and other parts of the City where the City should install additional groundwater wells to increase supplemental and emergency potable water supply based on available information regarding water quality in the groundwater basin, hydrogeologic flow conditions, construction costs, availability of land
dedications/easements, and cost to obtain required land dedications/easements. Evaluate the need to enhance Valley Water turn out to take more treated water, install water transmission mains to transfer imported water to align with areas of development within the City.

6.1.2.2. Recycled water supplies. Based on the results of the evaluation and review of the City’s recycled water distribution system, Consultant shall recommend specific recycled
reservoirs and water main alignments to be extended in the City’s service areas to increase non-potable water usage and offset potable water usage based on forecasted demand,
projected development, and anticipated construction costs.

6.1.3. Workshops. Three meetings/workshops will be held with City staff to (1) brainstorm potential strategic planning and operational alternatives; (2) discuss screening of potential alternatives; and (3) define preferred short- term and long-term alternatives.

Agreement with West Yost/Exhibit A-Scope of Services Page 17 of 30 Rev. 07-01-18

6.1.4. Task 6 Deliverables

6.1.4.1. Short-Term and Long-Term Implementation Strategy Alternatives Chapter, including justification for the recommended programs, policies, and projects, which are included as part of the preferred long-term implementation strategy.

6.2. Develop Capital Improvement Plan (Task 7)

6.2.1. Identification of Recommended Water Distribution System Projects.

Consultant shall evaluate and recommend water distribution system projects for Zone 1, 2, and 2A service areas based on the results of the Water System Capacity and Performance Evaluations (Section 4.3) and Short-Term and Long-Term Implementation Strategy Alternatives (Section

5.1) for the Capital Improvement Plan (CIP). Recommended water distribution system projects should accommodate projected development, anticipated regulatory changes, potential changes in water distribution system operations, potential changes in water sources, fire flow requirements, and the City’s latest future development planning. Consultant must identify the primary justification (e.g., existing system replacements/rehabilitation, distribution system improvements, distribution system expansion) for each project to be accomplished.

6.2.2. Preparation of Cost Estimates for Water Distribution System Projects.

Consultant shall provide planning level cost estimates for each project consistent with the Association for the Advancement of Cost Engineering (AACE) International Class 5 cost estimates. City shall provide and Consultant shall review recent bid tabs from construction projects in the City as a source of construction cost data in addition to bid information obtained independently by Consultant.

6.2.3. Development of Capital Improvement Plan. Consultant shall develop a 5- and 10-year CIP for Zone 1, 2, and 2A service areas. The CIP shall group the projects by anticipated year for construction and include a summary of the estimated annual costs. The recommended projects will be prioritized in order of importance and suggested dates for construction will be assigned.

A short-term plan will be developed to address immediate needs - particularly those fire flow and water service issues. Colored maps will be required to depict the proposed water distribution projects.

6.2.4. Task 7 Deliverables

6.2.4.1. CIP Chapter

6.2.4.2. Cost Estimating Appendix

6.3. Develop Asset Management Plan (Task 8)

6.3.1. Consultant shall develop an Asset Management Plan to document the current state of the linear (horizontal) and non-linear (vertical) assets for the City’s Water Utility (potable water) including options for Recycled Water, Agreement with West Yost/Exhibit A-Scope of Services Page 18 of 30 Rev. 07-01-18
Sanitary Sewer and Storm Pump Stations. The Asset Management Plan is a long-range planning document that provides a rational framework for understanding:

6.3.1.1. assets owned by the City;

6.3.1.2. present and future demands on the infrastructure assets, which are critical for delivering the City’s organizational level of service to its customers and community;

6.3.1.3. short-term and long-term financial commitments (both capital and operational);

6.3.1.4. policies, strategies, and programs, which are necessary to meet the long-term provision of services;

6.3.1.5. business risk exposure associated with the potential failure of the assets to meet the expected levels of service;

6.3.1.6. linkages necessary between strategic business objectives and the service that the assets are delivering;

6.3.1.7. the organizational continuity that will span organizational changes and the transfer of asset management knowledge
between successive generations of utility managers and
operations staff; and

6.3.1.8. Strategic Plan development that includes a vision, mission, goals and objectives.

6.3.2. In addition to water infrastructure asset management, provide options for sanitary sewer, recycled water, and storm pump station infrastructure asset management.

6.3.3. The Asset Management Plan must cover:

6.3.3.1. the current state (condition and performance) of the assets;

6.3.3.2. the required levels of service;

6.3.3.3. assets critical to sustained performance;

6.3.3.4. operations and capital investment strategies to sustain asset performance

6.3.3.5. physical and functional characteristics of the assets;

6.3.3.6. determination of acceptable standard or level of service (LOS) based on business objectives and customer needs;
Agreement with West Yost/Exhibit A-Scope of Services Page 19 of 30 Rev. 07-01-18

6.3.3.7. determination of assets likely failure modes and probable time failure using four basic failure modes: physical mortality, under capacity, level of service, and efficiency; and

6.3.3.8. a 5-year and 10-year CIP.

6.3.4. The Asset Management Plan must consolidate all the information that is currently available in regard to the City’s infrastructure assets and service delivery programs, including but not limited to:

6.3.4.1. the management strategy and the related cost implications for all assets covering the life cycle of the longest-lived assets in the asset portfolio;

6.3.4.2. appropriate maintenance and opportunities for renewal of the assets, with renewal options based on cost effectiveness, extension of asset life, and long-term sustainability; and

6.3.4.3. management of infrastructure assets based on the City’s understanding of fiduciary responsibilities, customer
expectations, regulatory compliance issues, and the ability of the assets to meet these performance requirements (i.e., the levels of service required from the assets).

6.3.5. A properly prepared Asset Management Plan should greatly improve the City to meet its goals and objectives in a way that best serves its customers. The Asset Management Plan will develop a 5- and 10-year CIP that will assist with replacement and renewal of the City. The plan should enable the City predict costs and problems that may arise in service delivery and allow time to solve these problems in the most cost-effective manner for both existing and future customers.

6.3.6. City will provide staff resources from management, engineering, operations, finance and IT to participate in asset management workshop. City will provide asset listing from GIS and CMMS with attributes that describe age, size, material, etc. to estimate remaining useful life. City will provide performance data from CMMS ad hoc databases and staff knowledge for horizontal and vertical assets.

6.3.7. Consultant will prepare an asset registry with hierarchy for all facilities which will be used to guide a desktop study of horizontal assets based on remaining useful life, pipe material and performance history. Consultant will conduct walkdowns of vertical assets (facilities) to assess asset condition and meeting with City Operations and Maintenance staff to discuss performance of assets and the impact of that performance on asset condition and required improvements. Invasive analytical testing of assets is not included.

6.3.8. Task 8 Deliverables

6.3.8.1. Online survey of asset management principles
Agreement with West Yost/Exhibit A-Scope of Services Page 20 of 30 Rev. 07-01-18

6.3.8.2. Asset Management Workshop

6.3.8.3. Asset Management Chapter describing asset management framework and providing a summary of the water system asset evaluations

6.3.8.4. Appendices for each Water System Asset Evaluation (e.g., Tanks, Pump Stations, Wells, Mains, etc.)

6.3.8.5. Pipeline Rehabilitation and Replacement Results in tabular and GIS file formats

6.3.8.6. Five-year and 10-year plan with cost estimates for planning and implementation

6.4. Prepare Master Plan Report (Task 9)

6.4.1. Master Plan Draft Report. At completion of the evaluation and planning efforts for Zone 1, 2, and 2A service areas, Consultant shall submit two (2) copies of a Master Plan Draft Report to the City for review and comment.

The Master Plan Draft Report shall be a compilation of the draft chapters prepared for each of the tasks described above. At a minimum, the report shall include the following:

6.4.1.1. an executive summary;

6.4.1.2. documentation of methodologies and assumptions;

6.4.1.3. water demand projections for each service area by use type (residential, commercial, industrial, commercial, etc.) and water type (potable vs. non-potable);

6.4.1.4. potential water supply sources for each service area by and water type (potable vs. non- potable);

6.4.1.5. discussion of potable distribution system evaluation results for each service area;

6.4.1.6. colored maps identifying:

6.4.1.6.1. potable water distribution system deficiencies and proposed water distribution system projects for each
service area;

6.4.1.6.2. regions where the City should install additional groundwater wells in North of the 101 Freeway and
other service areas;

6.4.1.6.3. specific potable water transmission main alignments to transfer groundwater or imported water
Agreement with West Yost/Exhibit A-Scope of Services Page 21 of 30 Rev. 07-01-18

6.4.1.6.4. specific recycled water main alignments to be extended in the City service areas;

6.4.1.7. a long-term Implementation Strategy for each service area;

6.4.1.8. Asset Management Plan and CIP for each service area;

6.4.1.9. One Water Concept Development;

6.4.1.10. justification for recommended work to be accomplished; and

6.4.1.11. other supporting documentation.

6.4.2. Master Plan Final Report. Following City review and provision of a consolidated set of comments of the Master Plan Draft Report, Consultant shall incorporate the comments, produce the final report and submit five (5) printed copies to the City. Consultant shall provide digital copies of the final submittal to City in PDF or other City approved format.

6.4.3. Meetings. At the request of the City, Consultant shall attend up to four meetings with City staff and up to three City Council meetings. Consultant will prepare PowerPoint presentations for the City Council meetings.

6.4.4. Task 9 Deliverables

6.4.4.1. Draft Master Plan Report (2 copies)

6.4.4.2. Final Master Plan Report (5 copies)

6.4.4.3. PowerPoint presentations for City Council meetings

6.5. Prepare Water Supply Assessments (Task 10)

6.5.1. Complete Water Supply Assessments. Per California Government Code Section 66473.7, complete necessary water supply assessments for identified developments within the City boundaries. Up to three (3) Water Supply Assessments (WSA) will be prepared. The WSAs will examine water supply and demand only, and will not evaluate the need for on-site or off-site infrastructure improvements.

6.5.2. Task 10 Deliverables

6.5.2.1. For each WSA, a Draft WSA will be prepared for City review and comment, and a Final WSA will be prepared for City Council adoption.

6.6. Evaluate Development Fees (Task 11)

6.6.1. City’s Major Water Facility Fees for Water Distribution System.

Consultant shall develop recommendations for System Development Charges based on conclusions of the Future Demand Forecast, Potable Distribution System Evaluation, Long-Term Implementation Strategy, and Agreement with West Yost/Exhibit A-Scope of Services Page 22 of 30 Rev. 07-01-18
CIP, Consultant shall perform an economic analysis through the planning horizon, taking into consideration the estimated costs and timing of water distribution system projects identified in the CIP, the City’s existing available funds, interest earnings/losses, and time-value of money. The City will provide financial data regarding existing development fee fund balances, interest earnings/losses and current procedures/protocols for fee escalation.

6.6.2. Task 11 Deliverables

6.6.2.1. Draft Development Fee Report for City review and comment

6.6.2.2. Final Development Fee Report for City Council Adoption

6.7. Prepare Asset Management for the Sewer Collection System (Task 12)

6.7.1. Task 8 provides for the development of an Asset Management Plan for the City water system. Under this task, Consultant will create the framework for the Asset Management Plan to include the City’s sewer collection system assets.

6.7.2. Consultant will review the City’s asset registry of horizontal sewer collection system assets (pipelines, manholes and siphons), currently uploaded in the City’s Lucity system, and refine the registry framework to be consistent with the framework to be developed for the City’s water system assets in Task 8.

6.7.3. Based on available data and previous reports, Consultant will develop an asset registry for the City’s vertical sewer collection system assets (specifically seven (7) pump stations). The City will provide available data for the pump stations.

6.7.4. Consultant will develop criteria for the City’s evaluation of risk for the sewer collection system assets, including criteria for Likelihood of Failure (LOF) and Consequence of Failure (COF). The criteria will be specific to the sewer collection system assets but will be developed to parallel the criteria developed for the City’s water system assets to ensure that the evaluation of risk for the two systems can be performed using a consistent methodology.

6.7.5. Actual risk evaluation and development of a prioritized plan for rehabilitation and replacement of sewer collection system facilities is not included in this scope of work.

6.7.6. Task 12 Deliverables

6.7.6.1. Appendices containing asset registry for vertical and horizontal assets for the City’s sewer collection system using the framework developed for the City’s water system assets

6.7.6.2. Risk evaluation criteria (i.e., criteria for LOF and COF) for sewer collection system assets
Agreement with West Yost/Exhibit B-Schedule of Fees Page 23 of 30 Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION
The total maximum compensation the City will pay Consultant under this Agreement shall not exceed Nine Hundred Forty-Nine Thousand Five Hundred Two Dollars ($949,502) during the term of the Agreement. Any additional fees, costs and expenses requested by the City that would exceed the preceding maximum amount will be addressed in an Amendment to the Agreement.

2. FEES
Consultant shall be paid on a fixed fee basis as set forth in Table B-1 below. Progress payments shall be made to Contractor by City following acceptance of designated task deliverables as described in Exhibit A.

Table B-1: Fee Schedule
Task/Deliverables (See Exhibit A) Total
Task 1: Project Management $112,051
Task 2: Data Collection $48,185
Task 3: Refine Water Demand Projection $40,589
Task 4: Update Water System Evaluation Criteria $12,431 Task 5: Perform Water System Capacity and Performance Evaluations $70,419 Task 6: Evaluate Implementation Strategy Alternatives $121,018 Task 7: Develop Capital Improvement Plan $28,539
Task 8: Develop Asset Management Plan $253,777
Task 9: Prepare Master Plan Report $69,421
Task 10: Prepare Water Supply Assessments $97,926
Task 11: Evaluate Development Fees $45,146
Task 12: Asset Management for City Sewer Collection System $50,000 Total $949,502

Consultant shall not exceed any of the specified amounts for any task without prior written authorization from the City. The City may approve in writing the transfer of amounts between any of the tasks listed above provided the project total is not exceeded.

3. ADDITIONAL SERVICES
In the event that any service is identified during the course of the project that the Parties agree is necessary to complete the Scope of Services but nevertheless is outside the scope of this agreement, City and Contractor shall negotiate a price for such work. Additional services may be negotiated on a lump sum basis in accordance with the rates set forth in Appendix B1.

Additional services include but are not limited to updating the Urban Water Management Plan and the hydraulic models.

Agreement with West Yost/Exhibit B-Schedule of Fees Page 24 of 30 Rev. 07-01-18

4. INVOICING
City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice.

Agreement with West Yost/Exhibit B-Schedule of Fees Page 25 of 30 Rev. 07-01-18
APPENDIX B1

BILLING RATE SCHEDULE FOR ADDITIONAL SERVICES

Position Per Hour Rate
Engineering
Principal/Vice President $348
Engineer/Scientist/Geologist Manager I / II $329 / $344 Principal Engineer/Scientist/Geologist I / II $302 / $322 Senior Engineer/Scientist/Geologist I / II $272 / $286 Associate Engineer/Scientist/Geologist I / II $226 / $243 Engineer/Scientist/Geologist I / II $182 / $211
Engineering Aide $106
Field Monitoring Services $131
Administrative I / II / III / IV $97 / $121 / $145 / $160 Engineering Technology
Engineering Tech Manager I / II $349 / $351
Principal Tech Specialist I / II $320 / $331
Senior Tech Specialist I / II $293 / $306
Senior GIS Analyst $265
GIS Analyst $251
Technical Specialist I / II / III / IV $187 / $213 / $239 / $267 Technical Analyst I / II $134 / $160
Technical Analyst Intern $108
Cross-Connection Control Specialist I / II / III / IV $140 / $151 / $170 / $189 CAD Manager $211
CAD Designer I / II $164 / $185

Equipment Billing Rate
2" Purge Pump & Control Box 300/day
Aquacalc / Pygmy or AA Flow Meter $28/day
Emergency SCADA System $35/day
Field Vehicles (Groundwater) $1/mile
Gas Detector $80/day
Generator $60/day
Hydrant Pressure Gauge $10/day
Hydrant Pressure Recorder, Impulse (Transient) $55//day Hydrant Pressure Recorder, Standard $40/day
Low Flow Pump Back Pack $135/day
Low Flow Pump Controller $200/day
Powers Water Level Meter $32/day
Precision Water Level Meter 300ft $30/day
Precision Water Level Meter 500ft $40/day
Precision Water Level Meter 700ft $45/day
Agreement with West Yost/Exhibit B-Schedule of Fees Page 26 of 30 Rev. 07-01-18
Equipment Billing Rate
QED Sample Pro Bladder Pump $65/day
Stainless Steel Wire per foot $00.03/day
Storage Tank $20/day
Sump Pump $24/day
Transducer Components (per installation) $23/day
Trimble GPS – Geo 7x $220/day
Tube Length Counter $22/day
Turbidity Meter $30/day
Vehicle (Construction Management) $10/hour
Water Flow Probe Meter $20/day
Water Quality Meter $50/day
Water Quality Multimeter $185/day
Well Sounder $30/day

1. Hourly rates include technology and communication charges such as general and CAD computer, software, telephone, routine in-house copies/prints, postage, miscellaneous supplies, and other incidental project expenses.

2. Outside Services such as vendor reproductions, prints, shipping, and major Consultant reproduction efforts, as well as engineering supplies, etc. will be billed at actual cost plus 15%.

3. The Federal Mileage Rate will be used for mileage charges and will be based on the Federal Mileage Rate applicable to when the mileage costs were incurred.

Travel other than mileage will be billed at cost.

4. Subconsultants will be billed at actual cost plus 10%.

5. Expert witness, research, technical review, analysis, preparation and meetings billed at 150% of standard hourly rates. Expert witness testimony and depositions billed at 200% of standard hourly rates.

6. The rates are effective January 1, 2023 to December 31, 2025. The rates herein are subject to annual compensation increases consistent with market rates.

Agreement with West Yost/Exhibit C-Insurance Requirements Page 27 of 30 Rev. 07-01-18

EXHIBIT C

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

A. COMMERCIAL GENERAL LIABILITY INSURANCE

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

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

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

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than Agreement with West Yost/Exhibit C-Insurance Requirements Page 28 of 30 Rev. 07-01-18
one million dollars ($1,000,000) each accident. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS’ COMPENSATION

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

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

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

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

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

1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s services for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each Commercial General Liability and Excess Liability insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance Agreement with West Yost/Exhibit C-Insurance Requirements Page 29 of 30 Rev. 07-01-18
as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self- insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.

3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation of the coverage provided due to non- payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such cancellation.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation of the coverage by the carrier, save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such cancellation.

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

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

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

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

Agreement with West Yost/Exhibit C-Insurance Requirements Page 30 of 30 Rev. 07-01-18

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

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, soft copies of all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be e-mailed to [email protected]
, or by mail to:

EBIX Inc.

City of Santa Clara – Water & Sewer Utilities Department P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-121 Agenda Date: 9/12/2023

REPORT TO COUNCIL

SUBJECT
Action on Addendum 5 to Software License Agreement Contract No. 2005-204 with Telvent USA LLC to Extend the Term of the Currently-Installed GIS System to April 22, 2026 and Increase Maximum Compensation for Enterprise-wide Software Licenses by $225,000 (Silicon Valley Power)

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In July 2005, Council authorized the City Manager to execute an agreement with Miner & Miner, a Telvent company, entitled “Telvent USA LLC Software License Agreement Contract No. 2005- 204” (Agreement) for a new Geographic Information System (GIS) for the Electric Department, Silicon Valley Power (SVP). The new GIS application replaced paper maps to enable SVP to create, store, and visualize information associated with SVP’s electric infrastructure. This information is then used to (a) map, analyze, and plan new developments, (b) plan, monitor, and respond to outages, and (c) integrate with other solutions for activities such as utility pole loading calculations and survey poles in the SVP network.

In 2013, Council authorized Addendum 1 to the Agreement. This addendum converted the existing software license arrangement from “per-seat” license to an enterprise-wide license to permit more users to have access to the data and software tools at a lower cost. Addendum 1 was for a three- year term from April 23, 2013 through April 22, 2016, with a three-year cost of $217,500.

In 2016, the City Manager executed Addendum 2 to extend the term for three-years from April 23, 2016 to April 22, 2019 and authorized additional funding of $210,000 for services during that three- year period. During this period, Schneider Electric acquired Telvent.

In 2019, the City Manager executed Addendum 3 extending the term for one-year from April 23, 2019 to April 22, 2020 and authorizing additional funding of $60,000 for services during that one-year period.

In 2020, the City Manager executed Addendum 4 extending the term for a three-years from April 23, 2020 to April 22, 2023 and authorizing additional funding of $180,000 for services during that three- year period.

Since 2013, SVP has spent approximately $667,500 for the enterprise licenses for the Agreement and its addendums. Since the end of the term of Addendum 4, Schneider has provided temporary licenses to SVP. The purpose of this report is to request authorization to renew and extend the term of the Agreement to enable SVP to continue to use the enterprise-wide licenses from Schneider City of Santa Clara Printed on 9/7/2023Page 1 of 3
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23-121 Agenda Date: 9/12/2023
Electric.

DISCUSSION
Schneider Electric’s GIS software is a leader in utility management and SVP has invested significant capital and staff hours to build and optimize SVP’s data on this platform. There are no plans to replace this software as it fully meets the needs of SVP. Replacing it would incur high costs and require significant staff hours without providing any additional benefits. However, based on components of the GIS system that may require additional upgrades or changes, staff may consider a new system in 2026. At that time, staff will evaluate whether the Schneider Electric solution will be continued or whether a new solution will be procured and implemented. In the event that the City elects not to continue the Schneider Electric Solution, there is no obligation to renew at the end of the term in 2026 provided that the City is no longer using the software.

Staff recommends that City Council authorize the City Manager’s to execute Addendum 5 to the Agreement (Addendum 5). This will allow the extension of the agreement years through April 22, 2026. The proposed Addendum 5 memorializes the name change from Telvent to Schneider Electric, extends the term for three additional years, updates the annual software license fee to include fees for services during the extended three-year term, and makes other minor changes. Approval of Addendum 5 would increase the total compensation for enterprise-wide licenses to $892,500. Staff recommends that the City Council authorize the City Manager to negotiate and execute future addenda to extend the term up to three additional years so that (1) SVP can continue its use of the software; (2) add/delete functionalities and services for future system requirements. At the time of each renewal cycle or amendment for additional services, staff reviews pricing to ensure increases are appropriate.

ENVIRONMENTAL REVIEW
This action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15060(c)(2) of Title 14 of the California Code of Regulations as it will not result in a direct or reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The total cost of Addendum No. 5 is $225,000 over a three-year period. Funding for the first year of the agreement is $75,000. Sufficient funds are available in Electric Utility Fund in the FY 2023/24 Adopted Operating budget SVP Systems Support program.

Funding for future years will be included in future proposed operating budgets through the budget process.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> City of Santa Clara Printed on 9/7/2023Page 2 of 3
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23-121 Agenda Date: 9/12/2023
or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute Addendum 5 to the Software License Agreement Contract No. 2005-204 with Schneider Electric Smart Grid Solutions, LLC, to extend the term of the currently-installed GIS system to April 22, 2026 and increase compensation by $225,000 for a revised maximum compensation of $892,500 for enterprise-wide licenses; and

2. Authorize the City Manager to negotiate and execute future addendums to (a) extend the term of the agreement for up to three additional years through April 22, 2029; (b) adjust rates based on number of users or as part of an extension of term; and (c) add/delete functionalities and services required to support future system requirements, for a total maximum compensation amount not-to -exceed $1,500,000 subject to budget appropriations and review and approval as to form by the City Attorney.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Miner And Miner Software License Agreement Contract No. 2005-204

2. Addendum 1 to Telvent USA LLC Software License Agreement

3. Addendum 2 to Telvent USA LLC Software License Agreement

4. Addendum 3 to Telvent USA LLC Software License Agreement

5. Addendum 4 to Telvent USA LLC Software License Agreement

6. Proposed Addendum 5 to Telvent USA LLC Software License Agreement City of Santa Clara Printed on 9/7/2023Page 3 of 3
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MINER AND MINER SOFTWARE LICENSE AGREEMENT
Contract No. 2005-204
This is a License Agreement and not an Agreement for Sale. This License Agreement (Agreement) is between the City of Santa Clara, California (Licensee) whose address is given in Exhibit 1, Registered Licensee Information annexed hereto, and Miner and Miner, Consulting Engineers, Inc. (M&M), a Colorado corporation, and gives Licensee certain limited rights to use the proprietary M&M Software and Related Materials (Software and Related Materials). All rights not specifically granted in this Agreement are reserved to M&M.

ARTICLE 1

DEFINITIONS
As used herein, the following words, phrases or terms in this Agreement shall have the following meanings:
"Software" means the actual copy of all or any portion of the computer programs delivered, inclusive of backups, updates or merged copies permitted hereunder or subsequently supplied by M&M.
"Related Materials" means all of the printed materials, user and specification documentation, training documentation, and other material, if any, specifically identified in the Scope of Work for use in conjunction with the confidential Software supplied by M&M under this Agreement.
"Hardware Key/License Manager" means the device and/or software program that administers the distribution of the licensed number of Software copies of requesting end users.
"Licensed Configuration" means the Licensee's specific computer networks and/or computer systems which are licensed to use the Software, as designated through the internet website url: www.miner.com/licenses.html.

ARTICLE 2

RESERVATION OF OWNERSHIP AND GRANT OF LICENSE
a. Retention of Rights. M&M retains exclusive title and ownership of any copy of the Software and Related Materials licensed under this Agreement, with the exception of any Related Materials specifically and exclusively prepared for Licensee. Based on Licensee's making full payment of any required amounts, M&M hereby grants to Licensee a personal, non-exclusive, nontransferable license to use the Software and Related Materials pursuant to the terms and .MlN-ER~lNER
a Telvent company
Miner & Miner
2005-204; SVP
October 2005