Cities Index.
Agenda packet

City Council and Authorities Concurrent
October 10, 2023

Document
Agenda packet
Meeting
October 10, 2023
Body
City Council and Authorities Concurrent
Pages
37
Original file
119.5 MB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar.com. That file is the official record.

Independent (able to bathe self safely)
Verbal assistance (able to bathe self with direction or intermittent monitoring; may need reminding to maintain personal hygiene)
Some human help (generally able to bathe self, but needs assistance) Lots of human help (requires direct assistance with most aspects of bathing; would be at if left alone)
Dependent (totally dependent on others for bathing)
Toileting (Rated Level )
Able to move to and from, on and off toilet or commode, empty commode, manage clothing and wipe and clean body after toileting, use and empty bedpans, ostomy and/or catheter receptacles and urinals, apply diapers and disposable barrier pads. Menstrual care: able to apply external sanitary napkin and clean body.

Independent (no assistance needed)
Verbal assistance (requires reminding and direction only) Some human help (requires minimal assistance with some activities, but the constant of the provider is not necessary)
Lots of human help (unable to carry out most activities without assistance) Dependent (requires physical assistance in all areas of care) Transferring In/Out of Bed/Chair (Rated Level )
Moving from one sitting or lying position to another sitting or lying position; e.g., from bed to or a wheelchair, or sofa, coming to a standing position and/or repositioning to prevent skin breakdown.

Independent (able to do all transfers safely)
Verbal assistance (able to transfer but needs encouragement or direction) Some human help (requires some help from another person; e.g., routinely requires a boost or assistance with positioning)
Lots of human help (unable to complete most transfers without physical assistance; would at risk if unassisted)
Dependent (totally dependent upon another person for all transfers) Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 (1)
(2)
(3)
(4)
(5)
(1)
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(1)
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risk
presence
from
be
Example 5, Continued
Walking (Rated Level )
Walking or moving inside, moving from one area of indoor space to another without necessity of handrails. Can respond adequately to the presence of obstacles that must be stepped around.

Includes ability to go from inside to outside and back.

Independent (no assistance needed)
Verbal assistance (able to walk or move with encouragement, or reminders to watch for , or to use a cane or walker)
Some human help (requires minimal assistance from another person to negotiate a or to steady the person or guide them in the desired direction) Lots of human help (requires constant attention from another person, at risk of being lost or unsafe if not accompanied)
Dependent (totally dependent upon another person, must be carried, lifted, or pushed in a wheelchair or on a gurney at all times)
Dressing (Rated Level )
Putting on and taking off, fastening and unfastening garments and undergarments, special devices such as back braces, corsets, elastic stockings/garments and artificial limbs or splints. (1) Independent (able to put on, fasten and remove all clothing and devices without assistance; clothes self appropriately for health and safety)
(2) Verbal assistance (able to dress self, but requires reminding or directions with clothing selection) (3) Some human help (unable to dress self completely, without the help of another person, e.g., tying shoes, buttoning, zipping, putting on hose or brace, etc.) (4) Lots of human help (unable to put on most clothing items by self; without assistance would be inappropriately or inadequately clothed)
(5) Dependent (unable to dress self at all)
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 (1)
(2)
(3)
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steps
wheelchair
Example 5, Continued
Client/Elderly Care Receiver Instrumental Activities of Daily Living (IADL) Fields Meal Preparation (Rated Level )
Planning menus. Washing, peeling, slicing vegetables, opening packages, cans, and bags, mixing ingredients, lifting pots and pans, re-heating food, cooking, safely operating stove, setting the table, serving the meal, cutting food into bite-sized pieces. Washing, drying, and putting away the dishes. (1) Independent (no assistance needed)
(2) Verbal assistance (needs only reminding or guidance in menu planning, meal preparation, and/or cleanup)
(3) Some human help (requires another person to prepare and clean up main meals on less than a daily basis; e.g., can reheat food prepared by someone else, can prepare simple meals and/or needs help with cleanup on a less than daily basis)
(4) Lots of human help (requires another person to prepare and clean up main meal(s) on a daily basis) (5) Dependent (totally dependent upon another person to prepare and clean up all meals) Shopping (Rated Level )
Compile list, bending, reaching, and lifting, managing cart, or basket, identifying items needed, transferring items to home, putting items away, ordering prescriptions over the phone and picking them up, and buying clothing.
(1) Independent (can perform all tasks without assistance) (2) Verbal assistance (able to perform tasks, but needs only reminding or direction, guidance or reminder)
(3) Some human help (requires the help of another person for some tasks while shopping such as reaching and carrying items)
(4) Lots of human help (unable to carry out most activities without assistance) (5) Dependent (unable to perform any tasks for self)
Medication Management (Rated Level )
Physically and mentally able to identify, organize, schedule, handle, and consume (inject, instill or insert) the correct amount of the prescribed medication at the specified time according to a doctor's prescription.
(1) Independent (can identify, measure, organize, and self-administer prescribed medication) (2) Verbal assistance (able to perform tasks but needs verbal direction, guidance or reminder to do it, without risk to safety)
(3) Some human help (requires some human help such as scheduling medications, opening the container, measuring the amount of medication)
(6) Lots of human help (cannot perform some parts of this function; may require some human help with installing or injecting multiple medications)
(7) Dependent (cannot perform any part of this function) Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 Example 5, Continued
Money Management (Rated Level )
Physically and mentally handles the receipt of monies, expenditures, and receipt and payment of bills in a timely and primarily correct manner.
(1) Independent (handles all financial matters)
(2) Verbal assistance (is able to perform all financial transactions but may need to be reminded to pay bills or obtain cash from bank)
(3) Some human help (for either physical or mental reasons may need assistance in doing banking, writing checks, etc.)
(4) Lots of human help (unable to carry out most activities without assistance) (5) Dependent (unable to attend to any part of the necessary financial transactions to receive and disburse funds to meet daily needs)
Using Telephone (Rated Level )
Obtains number, dials, handles receiver, can speak and hear response, and terminates call, may include use of instrument with loudspeaker or hearing devices. Able to use telephone during emergency situations to call 911 or other help.
(1) Independent (can obtain and dial number without assistance) (2) Verbal assistance (needs only reminder on how to use the phone) (3) Some human help (needs human assistance to obtain number or dial) (4) Lots of human help (currently not defined)
(5) Dependent (unable to use phone at all)
Heavy Housework (Rated Level )
Cleaning oven and stove, cleaning and defrosting refrigerator, moving light furniture to clean under and behind, vacuuming upholstery and under cushions, providing deep cleaning activities such as washing and cleaning baseboards, window tracks, cabinets, doors, drapes/blinds, etc. (1) Independent (able to perform all domestic chores)
(2) Verbal Assistance (able to perform domestic chores but needs direction) (3) Some human help (requires physical assistance from another person for some domestic chores) (4) Lots of human help (unable to carry out most domestic chores without assistance) (5) Dependent (totally dependent upon others for all domestic chores) Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 Example 5, Continued
Light Housework (Rated Level )
Sweeping, vacuuming, mopping floors, washing kitchen counters and sinks, cleaning bathroom, taking out garbage, dusting and picking up.
(1) Independent (able to perform all light domestic chores) (2) Verbal assistance (able to perform domestic chores but needs direction) (3) Some human help (requires physical assistance from another person for some domestic chores) (4) Lots of human help (unable to carry out most domestic chores without assistance) (5) Dependent (totally dependent upon others for all domestic chores) Transportation (Rated Level )
Using private or public vehicles, cars, buses, trains, or other forms of transportation to get to medical appointments, purchase food, shop, pay bills, or arrange for services, to socialize and participate in entertainment or religious activities. Can arrange for getting and using public transportation; or get to, enter and operate a private vehicle.
(1) Independent (can arrange, get to, enter and travel in public or private vehicles) (2) Verbal assistance (can use public transportation or ride in a private vehicle when reminded to make arrangements)
(3) Some human help (requires physical assistance to make transportation arrangements; i.e.,calling, writing instructions about time and place, can ride with others if assisted into and out of the vehicle)
(4) Lots of human help (unable to carry out most activities without assistance) (5) Dependent (unable to travel at all by self)
Check if Declined to State ADL and IADL Functional Abilities Resources
The OAA defines “frail” as an older individual that is functionally impaired because the individual “is unable to perform at least two ADLs without substantial human assistance, including verbal reminding, physical cueing, or supervision; or due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another person.” (Section 102(a) (22)) Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
Introduction
Title III C Congregate and Home-Delivered Meal programs are required to perform a nutrition risk screening to identify individuals at nutrition risk or at risk for malnutrition. NAPIS reporting requirements define a person at nutrition risk as one who scores six or higher on the Determine Your Nutritional Risk Checklist (hereafter referred to as the “DETERMINE Checklist”) published by the Nutrition Screening Initiative (NSI).

Service Categories Required
The following programs require collecting the nutritional risk scores for registered clients.

Home-Delivered Meals
Congregate Meals
Nutritional Counseling
What to Include?
Title III C nutrition programs shall only use the DETERMINE Checklist to evaluate the client’s nutrition risk score.

The nutrition risk questionnaire must be filled out at initial intake or registration along with other client information then reported through the data collection system. After initial intake/registration, annually update and report nutrition risk information and other basic client data.

How to Determine Score?
Each question has a weighted point value. The sum determines the reported nutritional risk score.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 •
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• If score is 0-5, then client is not at nutritional risk. • If score is 6 or greater, then client is at nutritional risk.

What is Reviewed?
CDA will review data to determine if the AAA is serving individuals at nutritional risk. CDA bases its target ranges on statewide analysis of the average number of participants at nutritional risk. Target percentages may be adjusted on an annual basis.

Program Target ercentage of all reported participants
For the Congregate Meals (C-1) 21% or higher at nutritional risk Home-Delivered Meals (C-2) 65% or higher at nutritional risk DETERMINE Checklist
The following is the DETERMINE Checklist with weighted/scored values. The interviewer may need to provide additional clarification.

Determine Your Nutritional Health Circle if
yes
I have an illness or condition that made me change the kind and/or amount of food I eat. 2
I eat fewer than 2 meals per day. 3
I eat few fruits or vegetables or milk products. 2
I have 3 or more drinks of beer, liquor or wine almost every day. 2 I have tooth or mouth problems that make it hard for me to eat. 2 I don’t always have enough money to buy the food I need. 4 I eat alone most of the time. 1
I take 3 or more different prescribed or over-the-counter drugs a day. 1 Without wanting to, I have lost or gained 10 pounds in the last 6 months. 2
I am not always physically able to shop, cook and/or feed myself. 2 Total Score:
(If equal to or greater than 6, the client is at nutritional risk) Declined to State
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 p
Case Information
Effective starting July 1, 2021, the Legal Assistance Service category is a registered service. In addition to required client data, the following case information is needed:

Case ID
Case Opened Date
Case Closed Date
Service Type
Service Level
NOTE: Legal Assistance data will now be reported through CARS. The final required CDA 1022 form will cover the fourth quarter of State Fiscal Year 2021. Thereafter, the 1022 form will no longer be accepted.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 •
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Introduction
There may be other questions added to provide more helpful client information. Some common ones are listed below. These are not required CARS elements and must not be reported in CARS.

Assessment Type
Assessment types (may be helpful) are as follows:

New Client
Annual Reassessment
Significant Change in Condition
Office Notes
Identification of intake/ assessment date and the staff reviewing the information is useful.

Contact Information
To assign a unique identification number to each participant data management systems may use any combination of name, address, phone number, or the last four digits of the participant’s Social Security Number for record identification. This avoids duplicating information by recording client level detail for each participant and will enable tracking the client’s services by provider and program.

First Name
Middle Name
Last Name
Other name(s)
Home Address
City
Mailing if Different
Telephone Number
Cell Number
Email Address
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 •
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to be used internally only
Optional Client Level Detail, Continued
Living Arrangement with thers
This section can help to identify the following client living arrangements when not living alone:

Lives w/Spouse
Lives w/Child
Lives w/Relative
Lives w/Other(s)
Senior Apartment
Source of Support
This section can help to identify the following various types of caregiving support:

Family
Friend/ Neighbor
Paid Help
Unsure
None
Transportation Services
The following options can help to identify type(s) of transportation assistance needed:

Walks with No Assistance
(Non-Assisted)
Walks with Assistance
(Assisted)
Wheelchair ramp/lift
Other Characteristics
The following options can help to identify if other conditions or assistance are needed.

CHECK AIDS CURRENTLY USED:

Cane
Glasses/ Contacts
Hearing Aid
Oxygen
Pacemaker
TTY Phone
Walker
Wheelchair
Other:

ABILITY TO SPEAK ENGLISH:

Speaks English Non-English Language Need Interpreter
DO YOU RECEIVE HELP FROM OTHER ORGANIZATION(S)?
Yes
No
If so, which
one(s):

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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Emergency Identification
This section can allow the client to designate a contact person to call during or after an emergency event:

Emergency Contact Person
Name:__________________________________________________________________________ Address: _______________________________________
Relationship to Client: _____________________________
Telephone number: ( ) - _______
Disaster Registry
In case of an emergency declaration, the following identification can help build a Disaster Registry to identify those high-risk clients that may need evacuation assistance.

A client is considered High Risk under Emergency Declaration if any of the following exists.

Check all that apply.

Housebound seniors and people with physical disabilities that DO NOT have an existing network of support
Significant mobility, vision, or hearing impairment
Elderly or medically fragile
Disabling mental illness or developmental disability
Requires refrigeration of medication and/or is insulin dependent Reliance on life-support, oxygen, or dialysis
Not pplicable
Eligibility for Title III B Registered Services
To determine eligibility for registered Supportive Services (Title III B) the following question can be asked: Are you age 60 or over?
Yes
No
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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Eligibility for Title III C-1 & C-2
To determine eligibility for Congregate Meals (Title III C-1) and Home-Delivered Meals (Title III C-2) the following questions can be asked.

QUESTIONS FOR THE CONGREGATE MEALS (C-1) ELIGIBILITY:

Are you over 60?
Are you the spouse or domestic partner of an Elderly Nutrition Program (ENP) participant who is over the age of 60?
Are you a person with a disability, who resides in housing where the congregate site is located?
Are you a person with a disability who resides with and accompanies an ENP participant? Are you a volunteer under the age of 60? (May have a meal if it does not deprive a senior of a meal.)
QUESTIONS FOR HOME-DELIVERED MEALS (C-2) ELIGIBILITY:

Are you homebound due to an illness, disability, or isolation? Are you a spouse of a person who is homebound?
Are you an individual with a disability who resides with a homebound meal recipient? QUESTIONS TO DETERMINE EQUIPMENT CONDITIONS AND CLIENT ABILITIES:

Does the client have any dietary restrictions?
Does the client have a working refrigerator?
Does the client have a working microwave?
Is client physically and mentally able to open the food containers? Is client physically and mentally able to reheat a meal? Are there pets inside or outside the home?
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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Eligibility for Title III E
To determine eligibility for Title III E, FCSP Caregivers of Older Adults or Elderly Relative, the following questions may be asked.

CAREGIVER CARING OF OLDER ADULTS CRITERIA
Is the n individual (of any age) with
Alzheimer’s disease or related disorder with neurological and organic brain dysfunction? Yes No
Is the Caregiver an adult (18 years of age or older) family member or another individual (e.g., friend or neighbor) who is an informal (i.e., unpaid) provider of in-home or community care to an “elderly” Care Receiver?
Yes No
If answered “yes” to both questions above, the individual is qualified for “Family Caregivers of Adults.” If requesting “Respite Care” or “Supplemental Services,” the Care Receiver must also have two or more ADL deficiencies or a cognitive impairment.

OLDER ELDER RELATIVE ELIGIBILITY CRITERIA
Is the Care Receiver an individual who is not more than 18 years of age or who is an individual (of any age) with a disability?
Yes No
In the case of a caregiver for a child, is the Caregiver a grandparent, step-grandparent, parent, or other older relative by blood, marriage, or adoption who is 55 years of age or older, living with the child, and identified as the primary caregiver through a legal or informal arrangement? Biological and adoptive parents are excluded.

Yes No
In the case of a caregiver for an individual with a disability, is the aregiver a parent, grandparent, or other relative by blood, marriage, or adoption who is 55 years of age or older, and living with the individual with a disability?
Yes No
If answered “yes” to either questions 1 and 2 and 3 above, the individual is qualified for der Elderly Relative Services.”
If the Care Receiver does not meet any of the criteria above, the Caregiver is ineligible to receive FCSP services, but may qualify to receive other services provided by the AAA.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947

1. Care Receiver an older individual (60 years of age or older) or a □ □

2. □ □
Older

1. □ □

2. □ □

3. C
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or 1 "OJ
Optional Client Level Detail, Continued
Resources to Determine Eligibility
The following links are to reference documents for the Title III E, Family Caregiver Support Program. www.aging.ca.gov/Data_and_Statistics/#Statistical
www.aging.ca.gov/Providers_and_Partners/Area_Agencies_on_Aging Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 CDA Statistical Fact Sheets and Program Narratives
Provide information on the program purpose, eligibility requirements, and history.

CDA Service Categories Data Dictionary
Provides category definitions.

Introduction
Some OAA programs do not require collecting any client-level demographic information. These programs target groups or provide sensitive services that may make client-level data collection difficult.

What to Include?
Report estimated total clients/audience by each service category for each quarter. AAAs will be required to report at least:

Nutritional Education
Information and Assistance
Disease Prevention and Health Promotion
Elder Abuse Prevention, and
Other NAPIS Services
There are no required client fields in non-registered services. It is optional for AAAs to collect this information based on the guidelines described in the required client fields for Registered Services.

What is Reviewed?
CDA reviews the estimated enrollments and service units on a quarterly and annual basis.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 •
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Chart Guidelines
Apply the following chart to determine if form(s) or records have the required data collection and reporting elements for Title III B, C, D, and VII B Non-Registered services.

CARS - Required Title III B, C, D, and VII Non-Registered Fields Service Category Service Units
Estimated
Clients/
Audience
Funding
Source
Transportation X One-way Trip X III B
Nutritional Education1 X Session per
Participant X III C
Information and Assistance1 X Contact X III B
Outreach X Contact X III B
Health Promotion1 X Contact X III D
Alzheimer's Day Care Services (“Other” NAPIS
Services)
X Day of
Attendance X III B
Cash/Material Aid (“Other” NAPIS Services) X Assistance X III B Community Education (“Other” NAPIS Services) X Activity X III B Comprehensive Assessment (“Other” NAPIS Services) X Hour X III B Disaster Preparedness Materials (“Other” NAPIS
Services)
X Product X III B
Elder Abuse Prevention, Education and Training 1
(“Other” NAPIS Services)
X Session X VII
Elder Abuse Prevention Educational Materials1
(“Other” NAPIS Services)
X Product X VII
Employment (“Other” NAPIS Services) X Activity X III B
Health (“Other” NAPIS Services) X Hour X III B
Housing (“Other” NAPIS Services) X Hour X III B
Interpretation/ Translation (“Other” NAPIS Services) X Contact X III B Mobility Management Activities (“Other” NAPIS
Services) X Hour X III B
Mental Health (“Other” NAPIS Services) X Hour X III B
Peer Counseling (“Other” NAPIS Services) X Hour X III B (X) Required Element
1Required service categories. Elder Abuse Prevention requires at least one reported service category.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 CARS Required Title III B, C, D, and VII Non-Registered Fields, Continued Service Category Service Units
Estimated
Clients/
Audience
Funding
Source
Personal Affairs Assistance (“Other” NAPIS Services) X Contact X III B Personal/Home Security (“Other” NAPIS Services) X Product X III B Public Information (“Other” NAPIS Services) X Activity X III B Registry (“Other” NAPIS Services) X Hour X III B
Residential Repairs/Modifications (“Other” NAPIS
Services) X Modification X III B
Respite Care (“Other” NAPIS Services) X Hour X III B
Senior Center Activities (“Other” NAPIS Services) X Hour X III B Telephone Reassurance (“Other” NAPIS Services) X Contact X III B Visiting (“Other” NAPIS Services) X Hour X III B
(X) Required Element
1Required service categories. Elder Abuse Prevention requires at least one reported service category.

Chart Guidelines
Apply the following chart to determine if form(s) or records have the required data collection and reporting elements for Title III E Non-Registered services.

CARS Title III E, FCSP Caring for Elderly or Caring for Child Required Non- Registered Fields
Service Category Service Units Estimated
Clients/Audience
Outreach (Access Assistance) X Contact X
Information and Assistance (Access Assistance) X Contact X Interpretation/Translation (Access Assistance) X Contact X Legal Resources (Access Assistance) X Contact X
Public Information (Information Services) X Activity X
Community Education (Information Services) X Activity X (X) Required Element
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 The following list contains web links of applicable laws/regulations/policies:

Area Plan Contract - www.aging.ca.gov/Contracts_Download_Page CCR - California Code of Regulations, Title 22 Division 1.8 - www.govt.westlaw.com/calregs CFR - Code of Federal Regulations, Title 45 Part 1321 - www.ecfr.gov OAA - Older Americans Act - www.acl.gov/about-acl/authorizing-statutes/older-americans-act OCA - California Welfare and Institutions (W&I) Code, Division 8.5 Mello-Granlund Older Californians Act - www.leginfo.legislature.ca.gov
NAPIS SPR – ACL National Aging Program Information System State Program Reports - www.acl.gov/programs/state-program-reports
PM - CDA Program Memoranda - www.aging.ca.gov/PM
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 •
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Title III - Intake and Assessment
Sample Forms

CALIFORNIA DEPARTMENT OF AGING

HOME AND COMMUNITY LIVING DIVISION
www.aging.ca.gov
July 2021
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 n _ CALIFORNIA
~rFrG
Introduction
Because each AAA has tailored programs to meet their community needs, CDA does not have required intake or assessment forms. CDA has designed these sample templates to help the AAAs evaluate and create their own forms for collecting and recording required performance data elements.

What is Reviewed
CDA reviews the forms to ensure all required data collection elements are integrated.

AAAs may use these forms, revise them, or create forms to meet local needs. AAAs do not have to use these sample templates.

Forms
This section contains the following templates:

Sample 1
Title III B, C-1, C-2, and D (Cluster 1& 2, Registered) Personal Care, Homemaker, Chore, Home-Delivered Meals, Adult Day Care/Health, Case Management, Congregate Meals, Nutritional Counseling, Assisted Transportation, Other Non-Registered Services
Sample 2
Title III B, C-2 (Cluster 1)
Personal Care, Homemaker, Chore, Home-Delivered Meals, Adult Day Care/Health, Case Management
Sample 3
Title III B, C1, and D (Cluster 2)
Congregate Meals, Nutritional Counseling, Assisted Transportation Sample 4
Title III C-2
Home-Delivered Meals
Sample 5
Title III C-1
Congregate Meals
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 •
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Sample 6
Title III E (Group 1, Registered)
Caring for Elderly, Caring for Child
Sample 7
Title III E (Group 1)
Caring for Elderly
Sample 8
Title III E (Group 1)
Caring for Child
Sample 9
Title III B (Cluster III, Non-Registered)
Information and Assistance
Sample 10
Title III B
Legal Assistance
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 •
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[Page 1 of 2]
CDA Sample 1, Title III B, C-1, C-2, Registration-Assessment Form (2021) SAMPLE 1, TITLE III
Provider Name: Unique Participate ID: ___________________________ Registration/Assessment Date: ___________________
Termination Date: *Reason: Region/Site Name: Service Categories (Titles IIIB, IIIC and IIID):
*Personal Care (IIIB) (A, I) *Homemaker (IIIB) (A, I) *Chore (IIIB) (A, I) *Home-Delivered Meals (A, I, N) *Adult Day Care/Health (IIIB) (A, I) *Case Management (IIIB) (A, I) *Assisted Transportation (IIIB) *Congregate Meals (N) *Nutrition Counseling (N) Other: ____________________________ Notes: A-ADLs, I-IADLs, N-Nutritional Assessments on Page 2 SECTION 1 (Client)
(*) Required for All Registered Programs
PERSONAL DATA (Please print):

First Name: Middle Initial:

Last Name: *What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
Residential Address:

Street: City:
*Zip Code: Mailing Address:

Same as Residential? Yes Skip to Next Section
Street: City:
*Zip Code: *Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Race:
(Check all that
apply)
White Black
American Indian/Alaska Native
Asian:

Asian Indian Cambodian
Chinese Filipino
Japanese Korean
Laotian Vietnamese
Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian
Samoan
Other Pacific Islander
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ □ □ □ □ □ □ □ □ □
Reference the Data Dictionary for allowable "Other" service categories; Requires □
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CDA Sample 1, Title III B, C-1, C-2, Registration-Assessment Form (2021) SECTION 2 ADL and IADL (Activities of Daily Living and Instrumental Activities of Daily Living Annual Assessment) *Required for (III-C): Home Delivered Meals; (III-B): Personal Care, Homemaker, Chore, Adult Day Care, Case Management ADLs: 1
Independent
2 Verbal
Assistance
3 Some
Human Help
4 Lots of
Human Help
5 Dependent
Declined to
State
*Eating
*Bathing *Toileting
*Transferring In/Out of
Bed/Chair
*Walking
*Dressing
Notes:

IADLS: 1
Independent
2 Verbal
Assistance
3 Some
Human Help
4 Lots of
Human Help
5 Dependent
Declined to
State
*Meal Preparation *Shopping
*Medication Management
*Money Management
*Using Telephone
*Heavy Housework
*Light Housework
*Transportation
Notes:

SECTION 3 Nutritional Risk Assessment (Annual)
* Required for (IIIC): Home-Delivered Meals, Congregate Meals; Nutritional Counseling *Nutritional Risk Assessment: Circle if yes
I have an illness or condition that made me change the kind and/or amount of food I eat. 2 I eat fewer than 2 meals per day. 3
I eat few fruits or vegetables or milk products. 2
I have 3 or more drinks of beer, liquor or wine almost every day. 2 I have tooth or mouth problems that make it hard for me to eat. 2 always have enough money to buy the food I need. 4
I eat alone most of the time. 1
I take 3 or more different prescribed or over the-counter drugs a day. 1 Without wanting to, I have lost or gained 10 pounds in the past 6 months. 2 I am not always physically able to shop, cook, and/or feed myself. 2 Total Score:

Is Nutrition Risk total score 0-5 or 6+? 0 - 5 6+
Declined to State
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 I don't
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[Page 1 of 2]
CDA Sample 2, Cluster 1 Title III B, C-1, C-2, Registration-Assessment Form (2021) SAMPLE 2, CLUSTER 1
Provider Name: Unique Participate ID: ___________________________ Registration/Assessment Date: ___________________
Termination Date: *Reason: Region/Site Name: Service Categories (Titles IIIB and IIIC):
*Personal Care (IIIB) (A, I) *Homemaker (IIIB) (A, I) *Chore (IIIB) (A, I) *Home-Delivered Meals (A, I, N) *Adult Day Care/Health (IIIB) (A, I) *Case Management (IIIB) (A, I) Notes: A-ADLs, I-IADLs, N-Nutritional Assessments on Page 2 SECTION 1 (Client)
(*) Required for All Registered Programs
PERSONAL DATA (Please print):

First Name: Middle Initial:

Last Name: *What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
Residential Address:

Street: City:
*Zip Code: Mailing Address:

Same as Residential? Yes Skip to Next Section
Street:

City: *Zip Code: Emergency
Contact:

Name:

Relationship:

Phone #: ( )
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Race:
(Check all that
apply)
White Black
American Indian/Alaska Native
Asian:

Asian Indian Cambodian
Chinese Filipino
Japanese Korean
Laotian Vietnamese
Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian
Samoan
Other Pacific Islander
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ □ □ □ □ □
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CDA Sample 2, Cluster 1 Title III B, C-1, C-2, Registration-Assessment Form (2021) SECTION 2 ADL and IADL (Activities of Daily Living and Instrumental Activities of Daily Living Annual Assessment) *Required for (III-C): Home Delivered Meals; (III-B): Personal Care, Homemaker, Chore, Adult Day Care, Case Management ADLs: 1
Independent
2 Verbal
Assistance
3 Some
Human Help
4 Lots of
Human Help
5 Dependent
Declined to
State
*Eating
*Bathing *Toileting
*Transferring In/Out of
Bed/Chair
*Walking
*Dressing
Notes:

IADLS: 1
Independent
2 Verbal
Assistance
3 Some
Human Help
4 Lots of
Human Help
5 Dependent
Declined to
State
*Meal Preparation *Shopping
*Medication Management
*Money Management
*Using Telephone
*Heavy Housework
*Light Housework
*Transportation
Notes:

SECTION 3 Nutritional Risk Assessment (Annual)
* Required for (IIIC): Home-Delivered Meals, Congregate Meals; Nutritional Counseling *Nutritional Risk Assessment: Circle if yes
I have an illness or condition that made me change the kind and/or amount of food I eat. 2 I eat fewer than 2 meals per day. 3
I eat few fruits or vegetables or milk products. 2
I have 3 or more drinks of beer, liquor or wine almost every day. 2 I have tooth or mouth problems that make it hard for me to eat. 2 always have enough money to buy the food I need. 4
I eat alone most of the time. 1
I take 3 or more different prescribed or over the-counter drugs a day. 1 Without wanting to, I have lost or gained 10 pounds in the past 6 months. 2 I am not always physically able to shop, cook, and/or feed myself. 2 Total Score:

Is Nutrition Risk total score 0-5 or 6+? 0 - 5 6+
Declined to State
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 I don't
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[Page 1 of 2]
CDA Sample 3, Cluster 2, Title III B, C-1, Registration-Assessment Form (2021) SAMPLE 3, CLUSTER 2
Provider Name: Unique Participate ID: ___________________________ Registration/Assessment Date: ___________________
Termination Date: *Reason: Region/Site Name: Service Categories (Titles IIIB and IIIC):
*Assisted Transportation *Congregate Meals (N) *Nutrition Counseling (N) Notes: Requires N-Nutritional Assessments on Page 2
SECTION 1 (Client)
(*) Required for All Registered Programs
PERSONAL DATA (Please print):

First Name: Middle Initial:

Last Name: *What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Birth Date: Home Phone: ( )
Residential Address:

Street: City:
*Zip Code: Mailing Address:

Same as Residential? Yes Skip to Next Section
Street: City:
*Zip Code:

Emergency
Contact:

Name:

Relationship:

Phone #: ( )
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Race:
(Check all that
apply)
White Black
American Indian/Alaska Native
Asian:

Asian Indian Cambodian
Chinese Filipino
Japanese Korean
Laotian Vietnamese
Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian
Samoan
Other Pacific Islander
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
Transportation Service Needs:

Walks with no assistance (Non-Assisted)
Walks with assistance (Assisted)
Wheelchair ramp/lift
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ □ □
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CDA Sample 3, Cluster 2, Title III B, C-1, Registration-Assessment Form (2021) SECTION 2 Nutritional Assessment (Annual)
* Required for (IIIC): Congregate Meals, Nutritional Counseling *Nutritional Assessment: Circle if yes
I have an illness or condition that made me change the kind and/or amount of food I eat. 2 I eat fewer than 2 meals per day. 3
I eat few fruits or vegetables or milk products. 2
I have 3 or more drinks of beer, liquor or wine almost every day. 2 I have tooth or mouth problems that make it hard for me to eat. 2 always have enough money to buy the food I need. 4
I eat alone most of the time. 1
I take 3 or more different prescribed or over the-counter drugs a day. 1 Without wanting to, I have lost or gained 10 pounds in the past 6 months? 2 I am not always physically able to shop, cook, and/or feed myself. 2 Total Score:

Is Nutrition Risk total score 0-5 or 6+? 0 - 5 6+
Declined to State
Notes:

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 I don't
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[Page 1 of 2]
CDA Sample 4, Title III C-2, Home-Delivered Meals, Registration-Assessment Form (2021) SAMPLE 4, C-2
Name of Home-Delivered Meals
Provider This form is designed to be completed by
an intake staff. Items marked with an asterisk (*) are
required.

Route:

Intake Date: _________
Active Date: _________ Inactive Date: _________
Active Date: _________ Inactive Date: _________
Active Date: _________ Inactive Date: _________
*Unique Participant ID: *Termination Date: Reason: *Date of Birth:
/ /
New client
Annual reassessment
Change in information
First Name: Last Name: Home Address City: *Zip Code Home Phone: ( ) Alternate Phone: ( )
Emergency Contact Name:

Address:

Phone: ( ) Relationship: *Living Arrangement
# of household members:

Declined/not stated
*What is your approximate household income?
$ ___________________ per month year
Declined/not stated
*Rural Area:

Yes No
Declined/not stated
*What is your gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify: ______________________________ Declined/not stated
*What was your sex at
birth? (Check only one)
Male
Female
Declined/not stated
*How do you describe your sexual orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Ethnicity: (Check one)
Hispanic Yes No Declined/not stated
Language:

English Speaking Need interpreter Non-English/Language
*Race: (Check all that apply)
White Black American Indian/Alaska Native Asian:

Asian Indian Cambodian Chinese Filipino Japanese Korean Laotian Vietnamese Other Asian Hawaiian/Other Pacific Islander Guamanian Hawaiian Samoan Other Pacific Islander Declined/not stated
ADLs: ADLs and IADLs (Activities of Daily Living and Instrumental Activities of Daily Living) Please rate your functional abilities for the following activities.

ADLs Rated Value IADLs Rated Value IADLs Rated Value RATING SCALE 1 Independent
2 Verbal
Assistance
3 Some Human
Help
4 Lots of Human
Help
5 Dependent
6 - Declined to
State
Feeding Meal Preparation Light Housework
Dressing Shopping Heavy Housework
Bathing Manage Medication Notes:

Transferring In/Out
of Chair Money Management
Walking Telephone
Toileting Transportation
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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CDA Sample 4, Title III C-2, Home-Delivered Meals, Registration-Assessment Form (2021) Eligibility:

Are you homebound due to an illness, disability, or isolation? Are you a spouse of a home-delivered meal recipient?
Are you an individual with a disability who resides with a home-delivered meal recipient? Prioritization: *Nutritional Risk Assessment: Circle if yes I have an illness or condition that made me change the kind and/or amount of food I eat. 2 I eat fewer than 2 meals per day. 3
I eat few fruits or vegetables or milk products. 2
I have 3 or more drinks of beer, liquor or wine almost every day. 2 I have tooth or mouth problems that make it hard for me to eat. 2 always have enough money to buy the food I need. 4
I eat alone most of the time. 1
I take 3 or more different prescribed or over the-counter drugs a day. 1 Without wanting to, I have lost or gained 10 pounds in the past 6 months. 2 I am not always physically able to shop, cook, and/or feed myself. 2 Total Score:
*Is Nutrition Risk Total Score 0-5 or 6+ ? 0-5 6+
Declined to State
Yes No Comments
Do you have any dietary restrictions? Do you have a working refrigerator? Do you have a working microwave?
Are you physically and mentally able to open the food containers? Are you physically and mentally able to reheat a meal?
Are there pets?
Have you recently been discharged from the hospital?
Referral(s) Made:

Nutritional education/counseling for at risk client
Other:

Other:

Notes:
____________________________________________________ _________________________ Staff Completing Assessment Date Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 I don't
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[Page 1 of 2]
CDA Sample 5, Title III C-1, Congregate Meals, Registration-Assessment Form (2021) SAMPLE 5, C-1
Name of Congregate Meal Provider
{Provider Name}
Please complete this form to the best of your
ability. Items marked with an asterisk (*) are
required.
*Unique Participate ID: _________
Referred by: __________________
Intake Date: ___________________
Staff: ________________________
Beginning Date: ________________
*Termination Date: _____________
*Reason: _____________________
Eligibility:

Age 60+
Spouse of congregate meal
participant
Disabled person residing where
the congregate site is located
Disabled person who resides
with and accompanies a congregate
meal participant
Volunteer
First Name: Last Name: *Date of Birth:

Home Address City: *Zip Code
Mailing Address: Same As Residential? Yes City: *Zip Code Home Phone: ( )
Alternate Phone: ( )
Emergency Contact Name:

Address:

Phone: ( ) Relationship:
*Living Arrangement
# of household members:

Declined/not stated
*What is your approximate household income?
$ ___________________ per month year
Declined/not stated
*Rural Area:

Yes No
Declined/not stated
*What is your gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________ Declined/not stated
*What was your sex at
birth? (Check only one)
Male
Female
Declined/not stated
*How do you describe your sexual orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Ethnicity: (Check one)
Hispanic Yes No Declined/not stated
Language:

English Speaking Need interpreter Non-English/Language
*Race: (Check all that apply)
White Black American Indian/Alaska Native Asian:

Asian Indian Cambodian Chinese Filipino Japanese Korean Laotian Vietnamese Other Asian Hawaiian/Other Pacific Islander Guamanian Hawaiian Samoan Other Pacific Islander Declined/not stated
Notes:

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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[Page 2 of 2]
CDA Sample 5, Title III C-1, Congregate Meals, Registration-Assessment Form (2021) *Nutritional Risk Assessment: Circle if yes
I have an illness or condition that made me change the kind and/or amount of food I eat. 2 I eat fewer than 2 meals per day. 3
I eat few fruits or vegetables or milk products. 2
I have 3 or more drinks of beer, liquor or wine almost every day. 2 I have tooth or mouth problems that make it hard for me to eat. 2 always have enough money to buy the food I need. 4
I eat alone most of the time. 1
I take 3 or more different prescribed or over the-counter drugs a day. 1 Without wanting to, I have lost or gained 10 pounds in the past 6 months. 2 I am not always physically able to shop, cook, and/or feed myself. 2 Total Score:

Is Nutrition Risk total score 0-5 or 6+ ?
0 - 5 6+
Declined to State
I understand that the information I am providing on this form is for registration purposes. I understand it will be kept confidential and that the Area Agency on Aging and service providers may use it to help identify other services for which may benefit. _________________________________________________________ ____________________________ Signature of participant or person completing the form Date Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 I don't
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[Page 1 of 4]
CDA Sample 6, Title III E, Caregivers of Older Adults, Older Elderly Relative, Registration-Assessment Form (2021) SAMPLE 6, TITLE III E CAREGIVERS OF OLDER ADULTS, OLDER ELDERLY RELATIVE SECTION 1 Service Information
Provider Name: Registration/Assessment Date:
*Termination Date: *Reason: Region/Site Name:

Service Categories:

Caregivers of Older Adults Caregivers of Older Adults
Notes: Check Eligibility criteria below to determine for which program caregiver qualifies Title III E, Family Caregiver Support Program Services to be Provided Support Services:

Caregiver Assessment Caregiver Support
Caregiver Counseling Caregiver Training
Caregiver Peer Counseling Case Management
Respite Care Services:
(Care Receiver must have
2 or more ADL limitations, a
cognitive impairment, or be
grandparent/elder caregiver
to qualify)
In-Home Supervision
Homemaker Assistance
In-Home Personal Care
Home Chore
Out of Home Day
Out of Home Overnight
Supplemental Services: (Care Receiver must have 2 or more ADL limitations, a cognitive impairment, or be a grandparent/older caregiver to qualify)
Assistive Devices Home Adaptations for Caregiving Caregiving Services Registry Cash/Material Aid Access Assistance:

Information & Assistance Caregiver Outreach
Interpretation/Translation
Caregiver Legal Resources
Information Services:

Public Information on Caregiving
Community Education on Caregiving
SECTION 2 Eligibility Criteria
Caregivers of Older Adults Eligibility Criteria

1. Is the Care Receiver an older individual (60 years of age or older) or disease or related disorder with neurological and organic brain dysfunction? Yes No

2. Is the Caregiver an adult (18 years of age or older) family member or another individual (e.g., friend or neighbor) who is an informal (i.e., unpaid) provider of in- Yes No
Older Elderly Relative Eligibility Criteria

1. Is the Care Receiver an individual who is not more than 18 years of age or who is an individual (of any age) with a disability? Yes No

2. Is the Caregiver a grandparent, step-grandparent, or other older relative of a child by blood, marriage, or adoption who is 55 years of age or older, living with the child, and identified as the primary caregiver through a legal or informal arrangement. Biological and adoptive parents are excluded. Yes No If the Care Receiver does not meet any of the criteria above, the Caregiver is ineligible to receive FCSP services, but may qualify to receive other services provided by the Area Agency on Aging.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ □
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_ an individual (of any age) with Alzheimer's
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home or community care to an "elderly" Care Receiver? D D If answered "yes" to both questions above, check "Family Caregiver Caring for Elderly" box in Section 1. If answered "no" check to see if individual qualifies for "Grandparent/Older Caregiver Caring for Child" component below. □ □
If answered "yes" to both questions above, check "Grandparent/Older □ □ Caregiver Caring for Child" box in Section 1. [Page 2 of 4]
CDA Sample 6, Title III E, Caregivers of Older Adults, Older Elderly Relative, Registration-Assessment Form (2021) SECTION 3 (FCSP Caregiver)
(*) Required for Family Caregiver Support Program Services Caregiver Personal Data (Please print):
*Unique
Participant ID
First Name:

Middle Initial:

Last Name:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Birth Date:

Home Phone: ( )
Residential Address:

Street:

City:
*Zip Code:

Mailing Address:

Same as Residential? Yes Skip to Next Section
Street:

City:
*Zip Code:

Demographics:
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
*Race: (Check all that apply)
White Black American Indian/Alaska Native
Asian:

Asian Indian Cambodian Chinese
Filipino Japanese Korean
Laotian Vietnamese Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian Samoan
Other Pacific Islander
Declined/not stated
*Relationship
to Care
Receiver:

Husband Wife
Grandparent Domestic Partner
Daughter/Daughter-in-law
Son/Son-in-law
Brother Sister
Parents
Other Relative
Non-Relative
Declined/not stated
*Relationship
Status:

Single (never married) Married
Domestic Partner Separated
Divorced Widowed
Declined/not stated
*Employment:

Full Time Unemployed
Part Time Declined/not stated
Retired
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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[Page 3 of 4]
CDA Sample 6, Title III E, Caregivers of Older Adults, Older Elderly Relative, Registration-Assessment Form (2021) SECTION 4 (FCSP Care Receiver)
(*) Required for Family Caregiver Support Program Services Caregiver Personal Data (Please print):
*Unique
Participant ID
First Name:

Middle Initial:

Last Name:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Birth Date:

Home Phone: ( )
Residential Address:

Street:

City:
*Zip Code:

Mailing Address:

Same as Residential? Yes Skip to Next Section
Street:

City:
*Zip Code:

Demographics:
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
*Race: (Select all that apply)
White Black American Indian/Alaska Native
Asian:

Asian Indian Cambodian Chinese
Filipino Japanese Korean
Laotian Vietnamese Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian Samoan
Other Pacific Islander
Declined/not stated
*Relationship
Status:

Single (never married)
Married
Domestic Partner
Separated
Divorced
Widowed
Declined/not stated
Exhibit F: Sourcewise Provider Manual
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CDA Sample 6, Title III E, Caregivers of Older Adults, Older Elderly Relative, Registration-Assessment Form (2021) SECTION 5 (FCSP Care Receiver)
ADL and IADL (Activities of Daily Living and Instrumental Activities of Daily Living) *Required for the Care Receiver only in Support Services, Respite Care, and Supplemental Services. (Not required for Care Receivers in FCSP Older Adults/Relative) ADLs: 1
Independent
2 Verbal
Assistance
3 Some
Human Help
4 Lots of
Human Help
5 Dependent
Declined to
State
*Eating
*Bathing
*Toileting
*Transferring In/Out of
Bed/Chair
*Walking
*Dressing
Notes:

IADLS: 1
Independent
2 Verbal
Assistance
3 Some
Human Help
4 Lots of
Human Help
5 Dependent
Declined to
State
*Meal Preparation
*Shopping
*Medication Management
*Money Management
*Using Telephone
*Heavy Housework
*Light Housework
*Transportation
Notes:

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 [Page 1 of 4]
CDA Sample 7, Title III E, Caregivers of Older Adults, Registration-Assessment Form (2021) SAMPLE 7, TITLE III E, CAREGIVERS OF OLDER ADULTS
SECTION 1 Service Information
Provider Name: Registration/Assessment Date:
*Termination Date: *Reason: Region/Site Name:

Title III E, Family Caregiver Support Program Services to be Provided Support Services:

Caregiver Assessment Caregiver Support
Caregiver Counseling Caregiver Training
Caregiver Peer Counseling Case Management
Respite Care Services:
(Care Receiver must have
2 or more ADL limitations, a
cognitive impairment, or be
grandparent/elder caregiver
to qualify)
In-Home Supervision
Homemaker Assistance
In-Home Personal Care
Home Chore
Out of Home Day
Out of Home Overnight
Supplemental Services: (Care Receiver must have 2 or more ADL limitations, a cognitive impairment, or be a grandparent/older caregiver to qualify)
Assistive Devices Home Adaptations for Caregiving Caregiving Services Registry Cash/Material Aid Access Assistance:

Information & Assistance Caregiver Outreach
Interpretation/Translation
Caregiver Legal Resources
Information Services:

Public Information on Caregiving
Community Education on Caregiving
SECTION 2 Eligibility Criteria
Caregivers of Older Adults Eligibility Criteria

1. Is the Care Receiver an older individual (60 years of age or older) or disease or related disorder with neurological and organic brain dysfunction? Yes No

2. Is the Caregiver an adult (18 years of age or older) family member or another individual (e.g., friend or neighbor) who is an informal (i.e., unpaid) provider of in- Yes No
If the Care Receiver does not meet any of the criteria above, the Caregiver is ineligible to receive FCSP Caregivers of Older Adults services but may qualify to receive other services provided by the Area Agency on Aging.

Notes:

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ □ □ □ □ □ □ □ □ □
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_ an individual (of any age) with Alzheimer's
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home or community care to an "elderly" Care Receiver? D D [Page 2 of 4]
CDA Sample 7, Title III E, Caregivers of Older Adults, Registration-Assessment Form (2021) SECTION 3 (FCSP Caregiver)
(*) Required for Family Caregiver Support Program Services Caregiver Personal Data (Please print):
*Unique
Participant ID
First Name:

Middle Initial:

Last Name:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Birth Date:

Home Phone: ( )
Residential Address:

Street:

City:
*Zip Code:

Mailing Address:

Same as Residential? Yes Skip to Next Section
Street:

City:
*Zip Code:

Demographics:
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
*Race: (Check all that apply)
White Black American Indian/Alaska Native
Asian:

Asian Indian Cambodian Chinese
Filipino Japanese Korean
Laotian Vietnamese Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian Samoan
Other Pacific Islander
Declined/not stated
*Relationship
to Care
Receiver:

Husband Wife
Grandparent Domestic Partner
Daughter/Daughter-in-law
Son/Son-in-law
Brother Sister
Other Relative
Non-Relative
Declined/not stated
*Relationship
Status:

Single (never married) Married
Domestic Partner Separated
Divorced Widowed
Declined/not stated
*Employment:

Full Time Unemployed
Part Time Declined/not stated
Retired
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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[Page 3 of 4]
CDA Sample 7, Title III E, Caregivers of Older Adults, Registration-Assessment Form (2021) SECTION 4 (FCSP Care Receiver)
(*) Required for Family Caregiver Support Program Services Caregiver Personal Data (Please print):
*Unique
Participant ID
First Name:

Middle Initial:

Last Name:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Birth Date:

Home Phone: ( )
Residential Address:

Street:

City:
*Zip Code:

Mailing Address:

Same as Residential? Yes Skip to Next Section
Street:

City:
*Zip Code:

Demographics:
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
*Race: (Check all that apply)
White Black American Indian/Alaska Native
Asian:

Asian Indian Cambodian Chinese
Filipino Japanese Korean
Laotian Vietnamese Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian Samoan
Other Pacific Islander
Declined/not stated
*Relationship
Status:

Single (never married)
Married
Domestic Partner
Separated
Divorced
Widowed
Declined/not stated
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ -
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[Page 4 of 4]
CDA Sample 7, Title III E, Caregivers of Older Adults, Registration-Assessment Form (2021) SECTION 5 (FCSP Care Receiver)
ADLs: ADLs and IADLs (Activities of Daily Living and Instrumental Activities of Daily Living):

Required for Support Services, Respite Car, and Supplemental Services.

Please rate your functional abilities for the following activities.

ADLs Rated Value IADLs Rated Value IADLs Rated Value RATING SCALE 1 Independent
2 Verbal
Assistance
3 Some Human
Help
4 Lots of Human
Help
5 Dependent
6 - Declined to
State
Feeding Meal Preparation Heavy Housework
Dressing Shopping Light Housework
Bathing Manage Medication Notes:

Transferring In/Out
of Chair Money Management
Walking Telephone
Toileting Transportation
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 [Page 1 of 3]
CDA Sample 8, Title III E, Older Elderly Relative, Registration-Assessment Form (2021) SAMPLE 8, TITLE III E, OLDER ELDERLY RELATIVE
SECTION 1- Service Information
Provider Name: Registration/Assessment Date:
*Termination Date: *Reason: Region/Site Name:

Title III E, Family Caregiver Support Program Services to Be Provided Support Services:

Caregiver Assessment Caregiver Support
Caregiver Counseling Caregiver Training
Caregiver Peer Counseling Case Management
Respite Care Services:
(Care Receiver must have
2 or more ADL limitations, a
cognitive impairment, or be
grandparent/elder caregiver
to qualify)
In-Home Supervision
Homemaker Assistance
In-Home Personal Care
Home Chore
Out of Home Day
Out of Home Overnight
Supplemental Services: (Care Receiver must have 2 or more ADL limitations, a cognitive impairment, or be a grandparent/older caregiver to qualify)
Assistive Devices Home Adaptations for Caregiving Caregiving Services Registry Cash/Material Aid Access Assistance:

Information & Assistance Caregiver Outreach
Interpretation/Translation
Caregiver Legal Resources
Information Services:

Public Information on Caregiving
Community Education on Caregiving
SECTION 2 Eligibility Criteria
Caregivers of Older Adults Eligibility Criteria

1. Is the Care Receiver an individual who is not more than 18 years of age or an individual (of any age) with a disability? Yes No

2. Is the Caregiver a grandparent, step-grandparent, or other older relative of a child by blood, marriage, or adoption who is 55 year of age or older living with the child, and identified as the primary caregiver through a legal or informal arrangement? Biological and adoptive parents are excluded Yes No If the Care Receiver does not meet any of the criteria above, the Caregiver is ineligible to receive FCSP Grandparent Caring for Child services but may qualify to receive other services provided by the Area Agency on Aging.

Notes:

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ □ □ □ □ □ □ □ □ □
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[Page 2 of 3]
CDA Sample 8, Title III E, Older Elderly Relative, Registration-Assessment Form (2021) SECTION 3 (Grandparent/Older Caregiver)
(*) Required for Family Caregiver Support Program Services Caregiver Personal Data (Please print):
*Unique
Participant ID
First Name:

Middle Initial:

Last Name:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Birth Date:

Home Phone: ( )
Residential Address:

Street:

City:
*Zip Code:

Mailing Address:

Same as Residential? Yes Skip to Next Section
Street:

City:
*Zip Code:

Demographics:
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
*Race: (Check all that apply)
White Black American Indian/Alaska Native
Asian:

Asian Indian Cambodian Chinese
Filipino Japanese Korean
Laotian Vietnamese Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian Samoan
Other Pacific Islander
Declined/not stated
*Relationship
to Care
Receiver:

Grandparent Parent
Other Relative
Non-Relative
Declined/not stated
*Relationship
Status:

Single (never married) Married
Domestic Partner Separated
Divorced Widowed
Declined/not stated
*Employment:

Full Time Unemployed
Part Time Declined/not stated
Retired
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □
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CDA Sample 8, Title III E, Older Elderly Relative, Registration-Assessment Form (2021) SECTION 4 (Child)
(*) Required for Family Caregiver Support Program Services Caregiver Personal Data (Please print):
*Unique
Participant ID
First Name:

Middle Initial:

Last Name:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Birth Date:

Home Phone: ( )
Residential Address:

Street:

City:
*Zip Code:

Mailing Address:

Same as Residential? Yes Skip to Next Section
Street:

City:
*Zip Code:

Demographics:
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
*Race: (Check all that apply)
White Black American Indian/Alaska Native
Asian:

Asian Indian Cambodian Chinese
Filipino Japanese Korean
Laotian Vietnamese Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian Samoan
Other Pacific Islander
Declined/not stated
*Relationship
Status:

Single (never married)
Married
Domestic Partner
Separated
Divorced
Widowed
Declined/not stated
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ -
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[Page 1 of 1]
CDA Sample 9, Information & Assistance Form (2021)
SAMPLE 9, INFORMATION & ASSISTANCE
Date: _______________________ Staff Completing Intake: ____________________________________ *Indicates optional demographic information that is kept confidential and anonymous. This information is important in understanding the people that we serve.

Demographic Data
*Unique
Participant ID:

Name:
*Birth Date:

Home Phone #: ( )
Email:

Address:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Race:
(Check all that
apply)
White Black
American Indian/Alaska Native
Asian:

Asian Indian Cambodian
Chinese Filipino
Japanese Korean
Laotian Vietnamese
Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian
Samoan
Other Pacific Islander
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated
Service Requested:

Action Taken/Referral:

Follow Up:

Type of I & A:

III B (If Requesting Services for an Older Individual)
III E Caregivers (If Requesting Services for an Older
Individual)
III E Relative (If Requesting Services for an Older
Individual)
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 □ □
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[Page 1 of 1]
CDA Sample 10, Legal Assistance (2021)
SAMPLE 10, III B LEGAL ASSISTANCE
Date: _______________________ Staff Completing Intake: ____________________________________ *Required Information

PERSONAL DATA
*Unique
Participant ID:

Name:
*Birth Date:

Phone #: ( )
Email:

Address:
*What is your
gender?
(Check only one)
Male Female
Transgender Male to Female
Transgender Female to Male
Genderqueer/Gender Non-binary
Not Listed, please specify:
______________________________
Declined/not stated
*What was your
sex at birth?
(Check only one)
Male Female
Declined/not stated
*How do you
describe your
sexual
orientation or
sexual identity?
(Check only one)
Straight/Heterosexual
Bisexual
Gay/Lesbian/Same-Gender Loving
Questioning/Unsure
Not Listed, please specify:
______________________________
Declined/not stated
*Ethnicity:

Not Hispanic/Latino
Hispanic/Latino
Declined/not stated
*Race:
(Check all that
apply)
White Black
American Indian/Alaska Native
Asian:

Asian Indian Cambodian
Chinese Filipino
Japanese Korean
Laotian Vietnamese
Other Asian
Hawaiian/Other Pacific Islander
Guamanian Hawaiian
Samoan
Other Pacific Islander
Declined/not stated
*Federal Poverty
Level (FPL):

Yes (At or below FPL)
No (Above FPL)
Declined/not stated
*Lives Alone? Yes No
Declined/not stated
*Rural? Yes No
Declined/not stated

CASE INFORMATION
*Unique Case ID:
*Case Opened
Date:
*Case Closed
Date:
*Service Level:

Advice
Limited Representation
Representation
*Case Type:

Income
Health Care
Long Term Care
Nutrition
Housing
Utilities
Abuse/Neglect
Protective Services
Age Discrimination
Other/Miscellaneous
*Hours (Units):

Exhibit F: Sourcewise Provider Manual
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SOURCEWISE SERVICE PROVIDER GRIEVANCE POLICY
Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 I. Actions Subject to Appeal
A. A contracted or potential provider of service (service provider) has the right to appeal an adverse determination made by the Sourcewise (Area Agency on Aging).

The actions below shall be considered adverse determinations that are subject to appeal [Title 22 CCR §7704 (c)(l) - (c)(3)(C)J:

1. A reduction in the level of funding to an existing Contractor during an Agreement period; however, a reduction directly attributable to a reduction in the funding to Sourcewise by the State or federal government shall not be considered an adverse determination.

2. A cancellation or termination of an existing Agreement with the Contractor prior to the Agreement's expiration date.

3. Denial of an application to provide services when any of the following exist:
a) The presence of a conflict of interest, real or apparent, as specified in 45 CFR 92.36(b)(3);
b) The occurrence of a procedural error or omission, such as the failure of Sourcewise to include a federal mandate in its solicitation request; c) The lack of substantial evidence to support an action by Sourcewise.

II. Method of Notification
A. The service provider shall provide notification of appeals, and Sourcewise shall provide notification of subsequent appeals determinations, by certified or overnight mail, return receipt requested, or by personal delivery in writing.

B. Notices to Sourcewise shall be addressed to:

Sourcewise
Att: Joe Flynn
Chief Operating Officer
3100 De La Cruz Blvd, Suite 310
Santa Clara, CA 95054
c. Sourcewise shall transmit notification to the address listed on the service provider's appeal. Sourcewise shall include a copy of this Appeal Procedure for Service Providers with all notifications to service providers of adverse appeals determinations.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 111. Process
A. The service provider shall give notice of intent to appeal to the CEO of the Sourcewise within ten (10) business days of the Agency on Aging's notice of adverse determination. The notice of intent to appeal shall be in writing, must state the specific grounds upon which the action by Sourcewise is appealed, and must be accompanied by all supporting documents.

B. The CEO shall investigate the appeal and issue a written determination to the service provider within fifteen (15) business days of receipt of the appeal. The determination shall set forth the position of Sourcewise and specify applicable sections of the service provider's Agreement with Sourcewise, government regulations, government statutes, or other provisions relied upon.

C. If the service provider is dissatisfied with the Sourcewise CEO's determination, the service provider may appeal to Governing Board of Sourcewise within ten (10) business days of the date of the CEO of Sourcewise written determination. The appeal shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

D. The President of the Governing Board of Sourcewise (Executive Committee) shall, within fifteen (15) business days of receipt of the service provider's appeal:

1. Review the service provider's appeal, considering any additional evidence or documentation provided by the CEO of Sourcewise;

2. Determine if the appeal should be denied, or if a recommendation should be made to the full Governing Board of Sourcewise at its next scheduled meeting to take action to grant the appeal; and

3. Provide written notification of its determination to the service provider.

E. If the service provider is dissatisfied with the Executive Committee's determination, the service provider may request a hearing before the full Sourcewise Governing Board. The service provider must request the hearing within ten (10) business days of the Executive Committee's written notification of determination. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

F. If the Governing Board of Sourcewise does not accept and implement the Executive Committee's recommendation to grant the service provider's appeal:

1. Sourcewise shall provide written notification to the service provider of the Governing Board's decision within two (2) business days following the decision;

2. The service provider may request a hearing before the Governing Board of Sourcewise. The service provider must request the hearing within ten (10) business days of the date of the notification of the Sourcewise Governing Board's decision. The hearing request shall be in writing, shall specify the grounds upon which the determination is appealed, and must be accompanied by all supporting documents.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 G. Upon receipt of the service provider's request for a hearing before the Governing Board, Sourcewise will place the hearing on the agenda of the next regularly scheduled meeting of the Sourcewise Governing Board, and provide the service provider with a copy of the published agenda.

1. The hearing before the Sourcewise Governing Board shall consist of:
a) Receipt and review of all previously submitted documents concerning the appeal;
b) Submission in writing by the service provider of any additional information or documentation supporting the service provider's position;
c) An oral presentation by the service provider, not to exceed thirty (30) minutes; and
d) An oral presentation by the CEO of Sourcewise and/or Sourcewise staff, not to exceed thirty (30) minutes.

2. At the conclusion of the hearing, the Governing Board of Sourcewise shall vote to accept or deny the service provider's appeal.
a) If the appeal is denied, the Governing Board of Sourcewise shall notify the service provider in writing of the reason(s) the appeal was denied, including a statement that all appeal procedures to Sourcewise and its Governing Board have been exhausted, and of the service provider's right to appeal the Governing Board's decision to the California Department of Aging. Such notification shall include a copy of Sections 7700 through 7710 of Title 22 of the California Code of Regulations, which contains the process for appealing the determination to the California Department of Aging.

Exhibit F: Sourcewise Provider Manual
DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 Grievance Form
To help us ensure that we understand your grievance and can respond promptly, please return your completed form to:

Contract#:

SOURCEWISE
Attn: Joe Flynn
Chief Operating Officer
3100 De La Cruz Blvd. Suite 310
Santa Clara, CA 95054
Contact Name: _________________________ _
Provider Name: ________________________ _
Address: ___________________________ _
City, State, Zip Code: ____________________ _
Contact Number: _______________________ _
Please describe your grievance:

Be as specific as possible. Include any names or dates as this may help resolve your grievance.

You can use the back of this form or attach additional information.

Please describe how you would like to see your grievance resolved:

Signature ________________________ Date ________ _

STATE OF CALIFORNIA

DEPARTMENT OF AGING

EQUIPMENT JUSTIFICATION FORM
CDA 7037 (REV /2022)
California Department of Aging Equipment Justification Form Instructions: Please answer the questions below; the responses must coincide with the budget.

AAA Name and Number:

AAA Procurement Contact:
:

Question Response
Please describe the item or
items to be purchased
Select the procurement
method(s) used to select vendor
(i.e., price quotes, competitive
bids, auction site). Check all that
apply.

Price Quotes
Competitive bids
Auction
Other (Describe):

Where will the equipment be
located?
Site name:
:

Please select the AAA program
the equipment will be funded by.

If more than one, please select
other and list all applicable
programs.

Program:

Other:

Please give a detailed justification
why the equipment is needed, and
how it will be used to benefit the
program.

The year the last time this item
was purchased and the quantity.

The expected refresh cycle of this
item.

Will the equipment be used solely
by the specified AAA Program(s)
from which the purchase will be
funded?
Yes No
If requesting a vehicle, provide a
list of the existing fleet vehicles,
and the reason the existing fleet
cannot meet ongoing program
needs.

DocuSign Envelope ID: FDC119A5-43CA-4631-9D5C-479C0FA68947 Exhibit G: Equipment Justification Form 12 Funding Source
and cost
of each item.
□
□
□
□
□ Direct
Address
□
□ Subcontractor
□
California
partment
fAGING
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-836 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Action to Accept Federal Community Project Funding for the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvements Project, and the Anna Drive Neighborhood Flood Protection Project; Authorize the City Manager to Execute All Documents Related to Accepting Federal Funding, and Approve the Related Budget Amendments

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructures.

BACKGROUND
In early 2021, the United States House Appropriations Committee elected to bring back the Community Project Funding (CPF) program, also known as Congressionally Directed Spending (CDS), which allows annual member-requested projects as part of the Federal appropriations process. CPF projects are solicited and selected by the members of Congress and sent to the Federal Appropriations Committee for consideration on an annual basis. If selected by the Appropriations Committee, the individual scope and funding amount for each of the CPF/CDS projects is then written into law via the Federal Annual Appropriations bill.

In 2021 and 2022 the City submitted requests for CPF to Congressman Ro Khanna for the De La Cruz, Lick Mill, and Scott Boulevards Bicycle Improvements Project and the Anna Drive Neighborhood Flood Protection Project. Both projects were submitted for consideration to the Federal Appropriations Committee and approved for Federal funding (Attachments 1 and 2).

DISCUSSION
De La Cruz, Lick Mill, and Scott Boulevards Bicycle Improvements Project The De La Cruz, Lick Mill, and Scott Boulevards Bicycle Improvements Project (Bicycle Improvements Project) scope of work includes traffic analyses and design concept analysis, public outreach, design, and construction of bicycle facilities on: 1) De La Cruz Boulevard from Montague Expressway to Trimble Road, 2) Lick Mill Boulevard from Tasman Drive to Montague Expressway, and 3) Scott Boulevard from the Calabazas Creek Trail to Saratoga Avenue (Attachment 3, Bicycle Improvements Project Location Map). The goal is to enhance safety, improve mobility, and reduce vehicle emissions by implementing high priority bicycle projects identified in the Santa Clara Bicycle Plan while connecting local residential communities, schools, libraries, and major employers within Santa Clara. It is important to note that as part of the design concept analysis, vehicle lane and/or parking removals will be studied, and neighborhood outreach conducted.

The Bicycle Improvements Project was allocated federal funding in the amount of $2,725,000. The City is required to provide a non-federal local match of 11.47 percent ($354,000), resulting in a total project budget of $3,079,000. It is anticipated that study and design for the Bicycle Improvements City of Santa Clara Page 1 of 4 Printed on 10/5/2023
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23-836 Agenda Date: 10/10/2023
Project will be completed and authorized for construction by the federal fund administrator - the California Department of Transportation (Caltrans) - in early 2025. All construction work is required to be completed prior to the federal fund expenditure deadline of September 2030.

Anna Drive Neighborhood Flood Protection Project
In 2015, the City completed a Citywide Storm Drain Master Plan, which identified the need for citywide storm drain improvements. Overall needs were separated into four priority levels based on frequency of flooding events and flooding near critical facilities and infrastructure. The Anna Drive Neighborhood Flood Protection Project is identified as one of the higher priority projects and the scope of work generally consists of upsizing approximately 4,000 linear feet of storm drain pipelines ranging in diameters from 12-inch to 48-inch on Anna Drive between San Tomas Aquino Creek and McCormick Drive (Attachment 4).

The Anna Drive Neighborhood Flood Protection Project was allocated federal funding in the amount of $3,000,000. The City is required to provide a non-federal local match of 11.47 percent ($400,000) resulting in a total project budget of $3,400,000. It is anticipated that design for the Flood Protection Project will be completed and authorized for construction by the federal fund administrator - the California Department of Transporation (Caltrans) - in early 2026. All construction work is required to be completed prior to the federal fund expenditure deadline of September 2031.

Federal Funding Documents
Per CPF program requirements, Caltrans has been designated as the funding administrator for CPF funding in California. Staff is requesting that Council authorize the City Manager to execute all documents related to accepting Federal Funding for both the De La Cruz, Lick Mill, and Scott Boulevards Bicycle Improvements Project and the Anna Drive Neighborhood Flood Protection Project.

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 table below provides a breakdown of the Federal and local funds for both projects.

De La Cruz, Lick Mill, and
Scott Boulevards Bicycle
Improvements Project
Anna Drive
Neighborhood Flood
Protection Project
Federal Community Project
Funding
$2,725,000 $3,000,000
Required Local Match (minimum of

11.47%)
$354,000 $400,000
Total Project Budget $3,079,000 $3,400,000
Staff is requesting appropriation of $3,079,000 for the De La Cruz, Lick Mill, and Scott Boulevards Bicycle Project and $3,400,000 for the Anna Drive Neighborhood Flood Protection Project. These City of Santa Clara Page 2 of 4 Printed on 10/5/2023
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23-836 Agenda Date: 10/10/2023
funding amounts will support the study, design, and construction of these projects. Funding for these projects is being provided by Federal Community Project Funding and local City funds. For the De La Cruz, Lick Mill, and Scott Boulevards Bicycle Improvements Project, local match funds are available in the Streets and Highways Capital Fund - Pedestrian and Bicycle Enhancement Facilities Project that sets aside local matching funds for grant applications. For the Anna Drive Neighborhood Flood Protection Project, local match funds are available in the Storm Drain Capital Fund to be reallocated from the Laurelwood Pump Station Rehabilitation Project, which was funded by the General Fund Capital Project Reserve and has remaining unused funds. The table below summarizes the recommended budget amendments needed for each project.

Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue (Federal
Community Project Funding 2022)
$19,712,116 $2,725,000 $22,437,116
Expenditures
Pedestrian and Bicycle Enhancement
Facilities Project
$1,520,480 ($354,000) $1,166,480
De La Cruz, Lick Mill, and Scott Blvds Bicycle
Improvements (New Project)
$0 $3,079,000 $3,079,000
Storm Drain Capital Fund
Revenues
Other Agencies Revenue (Federal
Community Project Funding 2023)
$0 $3,000,000 $3,000,000
Expenditures
Laurelwood Pump Station Rehabilitation $850,843 ($400,000) $450,843 Anna Drive Neighborhood Flood Protection
Project (New Project)
$0 $3,400,000 $3,400,000

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the City of Santa Clara Page 3 of 4 Printed on 10/5/2023
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23-836 Agenda Date: 10/10/2023
public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Accept Federal Funding Under the Community Project Funding administered by the California Department of Transportation and Authorize the City Manager to Execute All Documents Related to Accepting Federal Funding; and

2. Approve the following FY 2023/24 budget amendments:

A. In the Streets and Highway Capital Fund, increase the Other Agencies Revenue estimate in the amount of $2,725,000 to recognize Federal Community Project funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $354,000, and establish the De La Cruz, Lick Mill, and Scott Boulevards Bicycle Improvements Project in the amount of $3,079,000 (five affirmative Council votes required to appropriate additional revenue ); and
B. In the Storm Drain Capital Fund, increase the Other Agencies Revenue estimate in the amount of $3,000,000 to recognize Federal Community Project funding, decrease the Laurelwood Pump Station Rehabilitation Project in the amount of $400,000, and establish the Anna Drive Neighborhood Flood Protection Project in the amount of $3,400,000 (five affirmative Council votes required to appropriate additional revenue ).

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

ATTACHMENTS

1. Federal Allocation for Highway Infrastructure Funding 2022

2. Federal Allocation for Highway Infrastructure Funding 2023

3. Bicycle Improvements Project Location Maps

4. Anna Drive Neighborhood Flood Protection Project Location Map City of Santa Clara Page 4 of 4 Printed on 10/5/2023
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Memorandum
Subject: ACTION: Allocation of Highway Infrastructure Date: June 28, 2022 Programs Projects designated in Division L of the
Consolidated Appropriations Act, 2022 In Reply
[CFDA No. 20.205] Refer to: HISM-40
From: Peter J. Stephanos
Director, Office of Stewardship, Oversight,
and Management
To: Brian R. Bezio
Chief Financial Officer
Division Administrator
The Consolidated Appropriations Act, 2022 (Public Law 117-103) appropriates a total of $2,444,927,823 for Highway Infrastructure Programs (HIP) from the General Fund of the Treasury for fiscal year (FY) 2022. Of such amount, $846,927,823 is set aside for “Community Project Funding / Congressionally Directed Spending.” The project descriptions for the 309 projects can be found in the “Community Project Funding / Congressionally Directed Spending” table in the Joint Explanatory Statement incorporated by reference in Division L of the Consolidated Appropriations Act, 2022. State departments of transportation (DOTs) are the recipients for 307 projects totaling $845,719,823 and the Office of Federal Lands Highway (FLH) was allotted funding for two Gila River Indian Community projects totaling $1,208,000. These funds are in addition to any other funds, including contract authority, provided in FY 2022.

With this memorandum, we are allocating $845,719,823 for 307 projects to the States, as indicated in the attachment to this memorandum, to be administered in the Fiscal Management Information System (FMIS) (FMIS program code Y928; DELPHI fund value 1550574B50 050). This funding is not subject to any obligation limitation that applies to Federal-aid contract authority.

These funds remain available for obligation through September 30, 2025. Any such amounts not obligated on or before September 30, 2025, shall expire. Once the period for obligation has expired, these funds will only remain available for adjusting and liquidating obligations as authorized in accordance with title 31, United States Code (U.S.C.), section 1553.

U.S. Department
of Transportation
Federal Highway
Administration

PETER JOHN
STEPHANO$
Digitally signed by PETER JOHN

STEPHANOS
Date: 2022.06.28 13:25:36 -04'00'
2 Obligated earmark balances are available for expenses properly charged to the account and incurred until September 30, 2030. After that date, any unexpended balances of obligated earmark funds shall be cancelled in accordance with 31 U.S.C. 1552 and shall no longer be available for obligation or expenditure.

Demo IDs have been assigned for each project to properly track these funds to ensure that they are only obligated and expended for the specific project for which they were designated.

Each project has been assigned a unique Demo ID that links the funding to the specific project description as listed in the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2022. Since the project description defines the scope of work on which the funds may be legally expended, the funding for the project can only be utilized for the activities within the scope and physical limits of the project as defined by the project description. The Demo IDs under which these funds are being distributed are also included in the attachment to this memorandum.

Except as otherwise provided, these funds are to be administered as if apportioned under chapter 1 of title 23, U.S.C. Therefore, these projects are to be administered as title 23 projects in accordance with the applicable statutory and regulatory provisions contained in title 23, U.S.C. and Code of Federal Regulations (CFR), as well as other applicable Federal requirements, such as the National Environmental Policy Act (42 U.S.C. 4321, et seq.) and the Disadvantaged Business Enterprise Program. The State, through its DOT in accordance with 23 U.S.C. 302, is the direct recipient of these funds and is responsible for administration of these funds. If the State DOT acts as a pass-through entity of Federal assistance, the State DOT maintains the passthrough responsibilities specified in 2 CFR 200.332.1 The Federal share for these State projects is governed by 23 U.S.C. 120, as amended by the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the “Bipartisan Infrastructure Law”) (BIL). It is generally 80 percent (See 23 U.S.C. 120(b)).

The Federal share for projects on the Interstate System is 90 percent unless the project adds lanes that are not high-occupancy-vehicle or auxiliary lanes (See 23 U.S.C. 120(a)). For projects that add single occupancy vehicle capacity, that portion of the project will revert to the 80 percent level. An upward sliding scale adjustment is available to States having public lands (Sliding Scale Rates In Public Land States). States may use a lower Federal share on Federal-aid projects as provided in 23 U.S.C. 120(h). These funds may not be used as the non-Federal match for other Federal programs unless there is specific statutory authority (2 CFR 200.306(b)(5)). The Consolidated Appropriations Act, 2022, does not provide authority for use of these funds as a non-Federal match for other Federal programs, including Federalaid programs under title 23, U.S.C.

Generally, Project Agreements should not be modified to replace one Federal fund category with another unless specifically authorized by statute (23 CFR 630.110(a)). For additional information on earmarked funds, see Q&As on Obligation of Earmarked Funds for FederalAid Projects. 1 Tribal projects funded from these amounts are to be administered as if allocated under chapter 2 of title 23, U.S.C.
3 Earmarked funds shall not participate in costs incurred prior to the date of project agreement (23 CFR 630.106(b)).

By copy of this memorandum, we request that the Office of the Chief Financial Officer:
1) create the Demo IDs identified in the attached table, and 2) process these allocations.

If there are any questions, please contact Tony DeSimone at 317-226-5307 or by email at [email protected] or Amy Inglis at 605-776-1009 or by email at [email protected].

Attachment
4 FHWA: HIPA: AINGLIS: 06/27/2022
S:\ HIPA10\Correspondence\FY_2022\Legislative Projects - Demos\20220627 Allocation of HIP Projects
cc:

HISM-1 (Stephanos, Peter)
HISM-40 (Marrero, Moises; Bartz, David; Amy Inglis, DeSimone, Anthony) HIF (Young, Charlena; Sullivan, Amy)
HCF ([email protected]; Sim, Miranda; Kwok, Lily) HPLS (Arnade, Tim; Lomax, Brian; Zaidi, Alina; Dane, Heather) FHWA-#ALLDA-OfficialMailbox
FHWA-#ALLDFS-OfficialMailbox
FHWA Financial Management-All
Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total AL AL207 Baldwin County - Eastern Shore Trail construction 633,050 633,050 633,050 633,050 AL AL208 Fairground Road Expansion 702,941 702,941 702,941 702,941 AL AL209 Millry Road Resurfacing 265,000 265,000 265,000 265,000 Alabama 1,600,991 1,600,991 1,600,991
AK AK177 Kotzebue Cape Blossom Road 27,662,000 27,662,000 27,662,000 27,662,000 Alaska 27,662,000 27,662,000 27,662,000
AZ AZ078 Highline Canal Recreational Path Lighting Replacement, Guadalupe 501,824 501,824 501,824 501,824 AZ AZ079 Gila River Indian Community Traffic Sign Replacement *See Note 1 915,000 915,000 0 0 AZ AZ080 32nd Street and Thomas Road Intersection Safety Improvements 960,000 960,000 960,000 960,000 AZ AZ081 Shelby Drive Business Development Improvements to Roadways 500,000 500,000 500,000 500,000 AZ AZ082 Snowflake Street Light and Sidewalk Improvements to SR 77 1,200,000 1,200,000 1,200,000 1,200,000 AZ AZ083 SR 87 Capacity and Safety Improvements - Gila River Indian Community *See Note 1 293,000 293,000 0 0 Arizona 4,369,824 3,161,824 3,161,824
AR AR147 Future I-57 Corridor 5,000,000 5,000,000 5,000,000 AR AR148 Future I-69 Corridor Improvements 18,000,000 18,000,000 18,000,000 18,000,000 AR AR149 Highway 67 Corridor Improvements 18,000,000 18,000,000 18,000,000 18,000,000 AR AR150 Future I-49 18,000,000 18,000,000 18,000,000 18,000,000 Arkansas 59,000,000 59,000,000 54,000,000
CA CA870 Tillotson Parkway Extension 320,000 320,000 320,000 320,000 CA CA871 Interstate 15 Smart Freeway Pilot Project 5,000,000 5,000,000 5,000,000 5,000,000 CA CA872 Bradley Road Bridge Over Salt Creek 5,000,000 5,000,000 5,000,000 5,000,000 CA CA873 Concord Smart Signals Project 1,200,000 1,200,000 1,200,000 1,200,000 CA CA874 Iron Horse Trail Bridge, Nature Park, and Pedestrian Safety Project 350,000 350,000 350,000 350,000 CA CA875 Danville Townwide Traffic Signal Modernization/ITS Project 1,000,000 1,000,000 1,000,000 1,000,000 CA
CA876 Traffic and Safety Improvement Along the Alameda de las Pulgas Corridor 2,000,000 2,000,000 2,000,000 2,000,000
CA CA877 Santa Clarita Circulation and Safety Improvement 1,500,000 1,500,000 1,500,000 1,500,000 CA CA878 Henry Mayo Hospital Ingress and Egress Access Improvement 1,120,000 1,120,000 1,120,000 1,120,000 CA CA879 State Route 91 Improvement Project 3,000,000 3,000,000 3,000,000 3,000,000 CA CA880 Pennsylvania Avenue Widening Project, Beaumont 1,500,000 1,500,000 1,500,000 1,500,000 CA
CA881 County of Los Angeles Rosemead Boulevard Complete Street Improvements 1,500,000 1,500,000 1,500,000 1,500,000
CA CA882 US 101/SR 92 Area Improvement Project 1,000,000 1,000,000 1,000,000 1,000,000 CA CA883 La Media Improv. Siempre Viva to Truck Rte, San Diego, CA 400,000 400,000 400,000 400,000 CA CA884 Telfair Avenue Multi-Modal Bridge Over Pacoima Wash Project 5,000,000 5,000,000 5,000,000 5,000,000 CA CA885 Bicycle and Pedestrian Safety Near Woodside High School 800,000 800,000 800,000 800,000 CA
CA886 Accessible Recreational Trails at Rockville Trails Preserve (Solano County, California) 431,250 431,250 431,250 431,250
CA
CA887 Accessible Pedestrian Pathways and Parking at Lake Solano County Park 867,648 867,648 867,648 867,648
CA CA888 E. Sir Francis Drake Blvd Gap Closure 700,000 700,000 700,000 700,000 CA CA889 Hammond Trail Bridge Replacement 5,000,000 5,000,000 5,000,000 5,000,000 CA CA890 California State University, Fullerton Titan Gateway Bridge 5,000,000 5,000,000 5,000,000 5,000,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total CA CA891 Golden Avenue Bridge Replacement Project 2,200,000 2,200,000 2,200,000 2,200,000 CA
CA892 City of Carlsbad's Carlsbad Barrio Street Lighting and Traffic Circles Project 5,000,000 5,000,000 5,000,000 5,000,000
CA CA893 Doheny Village Connectivity Improvements 1,870,000 1,870,000 1,870,000 1,870,000 CA CA894 Sacramento Vision Zero School Safety Project 2,200,000 2,200,000 2,200,000 2,200,000 CA CA895 Southport Levee Recreation Trail 1,800,000 1,800,000 1,800,000 1,800,000 CA CA896 La Verne Gold Line Station Pedestrian Bridge 4,000,000 4,000,000 4,000,000 4,000,000 CA CA897 City of Bishop Streets and Sidewalk Improvements 1,000,000 1,000,000 1,000,000 1,000,000 CA CA898 City of Highland Victoria Avenue Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA899 City of Needles First Year Paving Replacement Phase 3 757,803 757,803 757,803 757,803 CA CA900 City of Hesperia Maple Avenue Street Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA901 City of Watsonville, Lee Road Trail Project Phase 1 1,000,000 1,000,000 1,000,000 1,000,000 CA
CA902 Crow Canyon Road Iron Horse Trail Bicycle-Pedestrian Overcrossing 2,000,000 2,000,000 2,000,000 2,000,000
CA CA903 Safe Routes to Schools Mini-grant Program, Alameda 1,700,000 1,700,000 1,700,000 1,700,000 CA CA904 Kelseyville Sidewalk Project 450,000 450,000 450,000 450,000 CA
CA905 Avenue 95/96 Farm to Market Corridor Repairs, Terra Bella to Pixley, Tulare County, CA 3,000,000 3,000,000 3,000,000 3,000,000 CA CA906 Mt. Whitney Avenue Complete Streets 3,000,000 3,000,000 3,000,000 3,000,000 CA CA907 Bayshore Bikeway, Barrio Logan Segment 2,150,000 2,150,000 2,150,000 2,150,000 CA CA908 Bayshore Bikeway Segment 5 300,000 300,000 300,000 300,000 CA
CA909 24th Street First and Last Mile Connections to Trolley Station, National City 3,332,781 3,332,781 3,332,781 3,332,781
CA CA910 24th Street Trolley Pedestrian Bridge Feasibility Study, National City 294,700 294,700 294,700 294,700 CA CA911 De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects 2,725,000 2,725,000 2,725,000 2,725,000 CA CA912 South Milpitas Boulevard Extension Bridge 3,000,000 3,000,000 3,000,000 3,000,000 CA
CA913 Pedestrian and Safe Routes to School Improvements in SNAIL and Braly Corners Neighborhoods 880,000 880,000 880,000 880,000 CA CA914 Highways to Boulevards Regional Study 480,000 480,000 480,000 480,000 CA CA915 7th Street Connection Project 2,000,000 2,000,000 2,000,000 2,000,000 California 91,829,182 91,829,182 91,829,182
CO CO130 SH 93 Widening and Relocation Design, City of Golden 2,320,000 2,320,000 2,320,000 2,320,000 CO CO131 Commerce City Quiet Zones 615,000 615,000 615,000 615,000 CO CO132 Glenwood Springs South Bridge Project 1,000,000 1,000,000 1,000,000 1,000,000 Colorado 3,935,000 3,935,000 3,935,000
CT CT189 East Industrial Road Reconstruction (Branford) 2,250,000 2,250,000 2,250,000 2,250,000 CT CT190 Town of Southbury Pedestrian Safety Improvements 444,946 444,946 444,946 444,946 CT CT191
West Avon Road, Country Club Road, Scoville Road Sidewalk Replacement in the Town of Avon 424,000 424,000 424,000 424,000 CT CT192 Norwalk Safe Sidewalks, Crossings, and Trails Project 1,400,000 1,400,000 1,400,000 1,400,000 CT CT193 City of Stamford Safe Routes to Schools and Access to Public Transit Facilities 2,000,000 2,000,000 2,000,000 2,000,000 CT CT194 Reconstruction of Route 34, Project 36-184 5,000,000 5,000,000 5,000,000 5,000,000 Connecticut 11,518,946 11,518,946 11,518,946
DE DE039 Munchy Branch Road Multi-Use Trail 1,120,000 1,120,000 1,120,000 1,120,000 Delaware 1,120,000 1,120,000 1,120,000
Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total FL FL389 River Road Regional Interstate Connector South Phase Design 1,000,000 1,000,000 1,000,000 1,000,000 FL FL390 Town of Windermere Safe Route to School Project Phase 1 760,000 760,000 760,000 760,000 FL FL391 Dixie Highway Corridor Improvements 600,000 600,000 600,000 600,000 FL FL392 Lake Wales Street Resurfacing, ADA, and Street Tree Improvements 800,000 800,000 800,000 800,000
Florida 3,160,000 3,160,000 3,160,000
GA GA347
Cass-White Road from Busch Drive to Great Valley Parkway- Phase II 5,000,000 5,000,000 5,000,000 5,000,000 GA GA348 Dried Indian Creek Corridor Protection and Connection Initiative 900,000 900,000 900,000 900,000 GA GA349 Fairview Road Multi-use Trail, Newton County 800,000 800,000 800,000 800,000 GA GA350 Flat Shoals Parkway (SR 155) Sidewalk Improvements - Columbia Drive to Flakes Mill Road 800,000 800,000 800,000 800,000 GA GA351 Dekalb County, Pleasantdale Road Pedestrian Improvements 600,000 600,000 600,000 600,000 GA GA352 Chattahoochee RiverLands Pilot Project, Environmental Review & Final Design for Phase II 2,500,000 2,500,000 2,500,000 2,500,000 GA GA353 Cumberland Multi-Modal Path 1,700,000 1,700,000 1,700,000 1,700,000 GA GA354 Derrydown Way Complete Streets Project 600,000 600,000 600,000 600,000 GA GA355 Big Shanty Widening, Kennesaw, Georgia 2,000,000 2,000,000 2,000,000 2,000,000 GA GA356 City of Alpharetta- Bus Shelter Construction 150,000 150,000 150,000 150,000 GA GA357 Atlanta BeltLine 5,000,000 5,000,000 5,000,000 5,000,000 GA GA358 Truman Linear Park Trail 3,000,000 3,000,000 3,000,000 3,000,000 Georgia 23,050,000 23,050,000 23,050,000
HI HI048 County of Kauai - Level 3 Electric Vehicle Charging Network 905,000 905,000 905,000 905,000 HI HI049 City and County of Honolulu - Oahu Electric Vehicle Chargers 1,960,000 1,960,000 1,960,000 1,960,000 HI HI050 County of Maui - Honoapiilani Highway Realignment Project 23,000,000 23,000,000 23,000,000 23,000,000 Hawaii 25,865,000 25,865,000 25,865,000
IL IL578
St. Clair County - Greenmount Road from Lebanon Avenue to South of Frank Scott Parkway Widening 2,500,000 2,500,000 2,500,000 2,500,000 IL IL579
St. Clair County - Greenmount Road from Route 161 to Lebanon Avenue Widening 2,500,000 2,500,000 2,500,000 2,500,000 IL IL580
Barrington - Pedestrian Grade Separation at Main Street and the Canadian National Railroad 500,000 500,000 500,000 500,000 IL IL581 Deer Park Boulevard - Road Program 614,000 614,000 614,000 614,000 IL IL582 Iron Bridge Road to MacArthur Boulevard Extension 3,000,000 3,000,000 3,000,000 3,000,000 IL IL583 Grand Avenue and George Street Traffic Safety Enhancement 650,000 650,000 650,000 650,000 IL IL584 US Route 6 Multi-Use Path Extension 900,000 900,000 900,000 900,000 IL IL585
National Parkway and Higgins Road (IL 72) Pedestrian Signal Improvements 200,000 200,000 200,000 200,000 IL IL586 Lincoln Avenue Reconstruction 3,500,000 3,500,000 3,500,000 3,500,000 IL IL587 Lincoln Park ADA Accessibility Improvements 1,000,000 1,000,000 1,000,000 1,000,000 IL IL588 Wolf Road Sidewalk, City of Prospect Heights 1,126,734 1,126,734 1,126,734 1,126,734 IL IL589
St. Clair County - Frank Scott Parkway East/Thouvenot Lane Widening 5,000,000 5,000,000 5,000,000 5,000,000 IL IL590 West Grand Avenue - Highway/Rail Grade Separation 3,100,000 3,100,000 3,100,000 3,100,000 IL IL591
Alton Great Streets - Phase 1 Implementation: Broadway between Ridge Street and Third Street 500,000 500,000 500,000 500,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total IL IL592 Randall Road from Alexandra Boulevard to Polaris Drive/Acorn Lane 8,000,000 8,000,000 8,000,000 8,000,000 IL IL593 Chicago - State/Lake Loop Elevated Station Improvements 1,000,000 1,000,000 1,000,000 1,000,000 IL IL594 Decatur/Macon County Reas Bridge Replacement Project 3,500,000 3,500,000 3,500,000 3,500,000 IL IL595 Marion Main, Bainbridge, Penecost Streets Project 600,000 600,000 600,000 600,000 Illinois 38,190,734 38,190,734 38,190,734
IN IN264 Marquette Greenway Trail/Cline Avenue to Bridge Street 682,080 682,080 682,080 682,080 Indiana 682,080 682,080 682,080
IA IA247 Tower Terrace Road Corridor (Phase 7 Improvements) 5,000,000 5,000,000 5,000,000 5,000,000 IA IA248 Reconstruction of Iowa Highway 38 2,000,000 2,000,000 2,000,000 2,000,000 IA IA249
Mahaska Oskaloosa Driving Economic Success (MODES) Planning Study 850,000 850,000 850,000 850,000 IA IA250 Raccoon River East Pedestrian Bridge 1,000,000 1,000,000 1,000,000 1,000,000 IA IA251
Bridge Replacement - PPCB on County Highway R57 over North River, FHWA# 335290 1,600,000 1,600,000 1,600,000 1,600,000 IA IA252 Chaplain Schmitt Island Trail Connection 615,000 615,000 615,000 615,000 IA IA253 Scott County Bridge Replacement 600,000 600,000 600,000 600,000 Iowa 11,665,000 11,665,000 11,665,000
KS KS137 Passing Lanes in Edwards and Ford Counties 6,000,000 6,000,000 6,000,000 6,000,000 KS KS138 Passing Lanes in Kiowa, Meade, and Pratt Counties 6,000,000 6,000,000 6,000,000 6,000,000 Kansas 12,000,000 12,000,000 12,000,000
KY KY187
Improved Access via Economy Road from KY-52 to the Central Kentucky Regional Airport 5,000,000 5,000,000 5,000,000 5,000,000 KY KY188
Breckinridge County: Improve KY 86 from Jesse Priest Road to Rosetta Corners 2,000,000 2,000,000 2,000,000 2,000,000 KY KY189
Washington County: Improve U.S. 150 from KY 1872 to Mayfield Lane 2,000,000 2,000,000 2,000,000 2,000,000
KY KY190 Sidewalk Rehabilitation, Louisville, KY 1,000,000 1,000,000 1,000,000 1,000,000 Kentucky 10,000,000 10,000,000 10,000,000
LA LA214 US 190: LA 437 - US 190 BUS Bridge Replacement Project 5,000,000 5,000,000 5,000,000 5,000,000 LA LA215 Re-Building University Avenue: Gateway to Our Future 5,000,000 5,000,000 5,000,000 5,000,000 LA LA216
City of Ruston, Louisiana E. Kentucky Ave: Safety and Capacity Improvements Project 5,000,000 5,000,000 5,000,000 5,000,000 LA LA217 Morrison Road Improvements, New Orleans, LA 5,000,000 5,000,000 5,000,000 5,000,000 Louisiana 20,000,000 20,000,000 20,000,000
ME ME089 Augusta: Bangor Street Improvements 4,800,000 4,800,000 4,800,000 4,800,000 ME ME090 Camden - US Route 1 Reconstruction 5,000,000 5,000,000 5,000,000 5,000,000 ME ME091 Dover-Foxcroft, Dover Bridge #5118 Replacement 7,200,000 7,200,000 7,200,000 7,200,000 ME ME092 Edgecomb to Boothbay - State Route 27 8,000,000 8,000,000 8,000,000 8,000,000 ME ME093 Livermore Falls - State Route 17 Reconstruction 4,000,000 4,000,000 4,000,000 4,000,000 ME ME094 Newport - US Route 2 4,000,000 4,000,000 4,000,000 4,000,000 ME ME095 Pittsfield - State Route 11 Rehabilitation 3,200,000 3,200,000 3,200,000 3,200,000 ME ME096 Presque Isle - US Route 1 Reconstruction 1,200,000 1,200,000 1,200,000 1,200,000 ME ME097 Searsport - US Route 1 Reconstruction 9,200,000 9,200,000 9,200,000 9,200,000 ME ME098 Vassalboro - State Route 32 800,000 800,000 800,000 800,000 Maine 47,400,000 47,400,000 47,400,000
MD MD170 Fleet Electrification Anne Arundel County 5,000,000 5,000,000 5,000,000 5,000,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total MD MD171 Cecil County Belvidere Road Expansion 500,000 500,000 500,000 500,000 MD MD172
Frederick East Street Rails with Trails: Liberty Road Bridge Crossing 535,000 535,000 535,000 535,000
MD MD173
Garrett Trails - Eastern Continental Divide Loop Trail (Otto Lane - New Germany) 975,000 975,000 975,000 975,000
MD MD174
MD 4 Corridor and Thomas Johnson Bridge Capacity Improvements Project 1,000,000 1,000,000 1,000,000 1,000,000 MD MD175 Reconstruction of MD 97 at Montgomery Hills 1,000,000 1,000,000 1,000,000 1,000,000 MD MD176 Route 218 Suitland Road Improvements 2,500,000 2,500,000 2,500,000 2,500,000 MD MD177 Russell and Monroe Street Ramp Bridge Replacements 1,000,000 1,000,000 1,000,000 1,000,000 Maryland 12,510,000 12,510,000 12,510,000
MA MA270
Design and Construction of the Wakefield Broadway Commuter Rail Crossing 1,200,000 1,200,000 1,200,000 1,200,000 MA MA271 Border to Boston Trail Engineering and Design 1,200,000 1,200,000 1,200,000 1,200,000 MA MA272 Separated Bicycle Lane Network Build Out, Cambridge 958,218 958,218 958,218 958,218 MA MA273 Assabet River Rail Trail extension - Stow 750,000 750,000 750,000 750,000 MA MA274 Wellington Greenway Phase IV 500,000 500,000 500,000 500,000 MA MA275 Chris Walsh Aqueduct Trail Connectivity Project 220,000 220,000 220,000 220,000 MA MA276 City of Northampton - Rocky Hill Greenway Shared Use Trail 3,600,000 3,600,000 3,600,000 3,600,000 Massachusetts 8,428,218 8,428,218 8,428,218
MI MI323
Emmet County Road Commission - Lake Shore Drive Reconstruction Project 1,440,000 1,440,000 1,440,000 1,440,000 MI MI324 Beck Road Business Corridor Improvement Project 4,797,600 4,797,600 4,797,600 4,797,600 MI MI325 Pinckney Multi-Modal Pathway and Connectors 2,000,000 2,000,000 2,000,000 2,000,000 MI MI326 Grandville Avenue Project 700,000 700,000 700,000 700,000 MI MI327 Michigan Avenue Corridor Improvement 1,000,000 1,000,000 1,000,000 1,000,000 MI MI328 South Westnedge Avenue Reconstruction 500,000 500,000 500,000 500,000 Michigan 10,437,600 10,437,600 10,437,600
MN MN268 Annandale Highway 24 and Hemlock Intersection 2,000,000 2,000,000 2,000,000 2,000,000 MN MN269 Highway 212 Rural Freight Mobility and Safety: Carver County 2,500,000 2,500,000 2,500,000 2,500,000 MN MN270 Stearns County Bridge 6819 along County State Aid Highway (CSAH) 75 1,000,000 1,000,000 1,000,000 1,000,000 MN MN271 Extension of CSAH 116/Fletcher Bypass, City of Rogers, MN 3,501,040 3,501,040 3,501,040 3,501,040 MN MN272 Highway 5 Mobility and Lake Minnewashta Causeway Bridge, Carver County, MN 2,000,000 2,000,000 2,000,000 2,000,000 MN MN273 City of Jordan US 169 Multi-Use Trail Underpass 1,124,000 1,124,000 1,124,000 1,124,000 MN MN274 Bruce Vento Trail Extension 1,300,000 1,300,000 1,300,000 1,300,000 MN MN275 Central Greenway Regional Trail Improvements 1,000,000 1,000,000 1,000,000 1,000,000 MN MN276 Moorhead Center Avenue Reconstruction 500,000 500,000 500,000 500,000 Minnesota 14,925,040 14,925,040 14,925,040
MS MS227
SR 7 and University Avenue in Oxford Roundabout Interchange Lafayette County 5,000,000 5,000,000 5,000,000 5,000,000 MS MS228 City of Hattiesburg 4th Street Sidewalk Project 500,000 500,000 500,000 500,000 MS MS229 Artesia Road Connector 2,500,000 2,500,000 2,500,000 2,500,000 MS MS230 Interstate 10 Corridor Improvements 4,500,000 4,500,000 4,500,000 4,500,000 MS MS231 Lefleur's Bluff Education and Tourism Complex 1,000,000 1,000,000 1,000,000 1,000,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total MS MS232 Rankin County I-20 Connector Loop 5,000,000 5,000,000 5,000,000 5,000,000 MS MS233 The Morgantown Road Safety Improvement Project 2,400,000 2,400,000 2,400,000 2,400,000 MS MS234 Bozeman-Reunion Crossing Interconnectivity System 4,000,000 4,000,000 4,000,000 4,000,000 MS MS235 Beatline Parkway 150,000 150,000 150,000 150,000 MS MS236 Biloxi Beach Connector Phase I 2,163,000 2,163,000 2,163,000 2,163,000 MS MS237 East Brandon Bypass 640,000 640,000 640,000 640,000 MS MS238 Star Landing Road 5,000,000 5,000,000 5,000,000 5,000,000 Mississippi 32,853,000 32,853,000 32,853,000
MO MO251 MLK Park Pedestrian Bridge at Brush Creek 2,800,000 2,800,000 2,800,000 2,800,000 MO MO252 Chester Bridge 13,000,000 13,000,000 13,000,000 13,000,000 MO MO253 I-70 / US 63 Interchange 4,300,000 4,300,000 4,300,000 4,300,000 Missouri 20,100,000 20,100,000 20,100,000
NE NE103 84th Street Pedestrian and Bicycle Safety Improvements 5,000,000 5,000,000 5,000,000 5,000,000 Nebraska 5,000,000 5,000,000 5,000,000
NV NV095
Carson City Public Works Department - Western Nevada Safe Routes to School Vulnerable User Pedestrian Safety Infrastructure Improvement Project 1,000,000 1,000,000 1,000,000 1,000,000 NV NV096 The Kiss and Drop Project, Yerington 598,000 598,000 598,000 598,000 NV NV097
Regional Transportation Commission of Southern Nevada Bike Share Expansion 142,500 142,500 142,500 142,500 NV NV098 Historic Westside Complete Streets, Las Vegas 3,000,000 3,000,000 3,000,000 3,000,000 NV NV099 Arlington Avenue Bridges Project 2,000,000 2,000,000 2,000,000 2,000,000 NV NV100 Boulder Highway Reimagined Project 2,000,000 2,000,000 2,000,000 2,000,000 NV NV101 Carson City - Williams Street Complete Streets Project 2,000,000 2,000,000 2,000,000 2,000,000 NV NV102 Highway 50 (Williams Avenue) Project 1,616,000 1,616,000 1,616,000 1,616,000 NV NV103 Las Vegas - Charleston Boulevard Underpass 2,000,000 2,000,000 2,000,000 2,000,000 NV NV104
SR28 Central Corridor Sand Harbor to Spooner – Secret Harbor to Skunk Harbor Trail and Safety Improvements 2,000,000 2,000,000 2,000,000 2,000,000 NV NV105
Western Nevada Safe Routes to School Vulnerable User Pedestrian Safety 500,000 500,000 500,000 500,000 Nevada 16,856,500 16,856,500 16,856,500
NH NH088 Cotton Mill Transfer Bridge ADA Accessibility 300,000 300,000 300,000 300,000 NH NH089 Mechanic Street Sideway Project 290,250 290,250 290,250 290,250 NH NH090 Mason Street Bridge 600,000 600,000 600,000 600,000 NH NH091 Hanover Multi-Use Path 350,000 350,000 350,000 350,000 NH NH092 Keene Transportation Heritage Trail 394,800 394,800 394,800 394,800 NH NH093 Walnut Street Oval 1,000,000 1,000,000 1,000,000 1,000,000 New Hampshire 2,935,050 2,935,050 2,935,050
NJ NJ307
Borough of Bernardsville Boylan Terrace Neighborhood Pedestrian Connection 1,427,500 1,427,500 1,427,500 1,427,500 NJ NJ308 Pedestrian Walkway Improvements Along Rt. 53 and Tabor Road 136,330 136,330 136,330 136,330 NJ NJ309 Broad Street, East/West Grand Street Traffic Light Replacement, City of Elizabeth 532,240 532,240 532,240 532,240 NJ NJ310 Hoboken Electric Vehicle Fast Charging Station Project 250,000 250,000 250,000 250,000 New Jersey 2,346,070 2,346,070 2,346,070
NM NM100 Allison Road Corridor 1,500,000 1,500,000 1,500,000 1,500,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total NM NM101 Pinon Hills Extension Project - Right of Way 1,250,000 1,250,000 1,250,000 1,250,000 NM NM102 2nd Street and Rio Bravo Reconstruction 2,000,000 2,000,000 2,000,000 2,000,000 NM NM103 Downtown Clovis Reconstruction Project 3,500,000 3,500,000 3,500,000 3,500,000 NM NM104 I-25 Comanche/Montgomery Interchanges 3,500,000 3,500,000 3,500,000 3,500,000 NM NM105 NM 31/NM 128 Preliminary Engineering 1,500,000 1,500,000 1,500,000 1,500,000 NM NM106 NM 404 widening project from I-10 to NM 213 2,750,000 2,750,000 2,750,000 2,750,000 NM NM107 Reconstruction of I-25 La Bajada in Santa Fe County 3,500,000 3,500,000 3,500,000 3,500,000 NM NM108 US 84 Full Depth Reclamation between Ft. Sumner and Santa Rosa 2,500,000 2,500,000 2,500,000 2,500,000 NM NM109 I-40, Milepost 6 to 22 west of Gallup, New Mexico 1,000,000 1,000,000 1,000,000 1,000,000 NM NM110 Quay County Bridge No. 1042 Replacement 2,500,000 2,500,000 2,500,000 2,500,000 New Mexico 25,500,000 25,500,000 25,500,000
NY NY782 New York State Route 100B - Dobbs Ferry Road Sidewalk Project 1,000,000 1,000,000 1,000,000 1,000,000 NY NY783 Bedford Harris Road/Babbitt Road Safety Improvements 650,000 650,000 650,000 650,000 NY NY784 Sullivan County O&W Rail Trail 1,100,000 1,100,000 1,100,000 1,100,000 NY NY785 The Riverline - First Gateway, Buffalo 900,000 900,000 900,000 900,000 NY NY786 Utica Harbor Pedestrian Bridge 2,000,000 2,000,000 2,000,000 2,000,000 NY NY787
Ogdensburg-Prescott International Bridge Girder Span and LeadBased Paint Project 3,000,000 3,000,000 3,000,000 3,000,000 NY NY788
City of Newburgh - Completion of the Replacement of Lake St. Bridge 1,750,000 1,750,000 1,750,000 1,750,000
NY NY789 Dryden Rail Trail Bridge 700,000 700,000 700,000 700,000 NY NY790 South Albany Street Over Six Mile Creek Bridge Replacement 1,400,000 1,400,000 1,400,000 1,400,000 New York 12,500,000 12,500,000 12,500,000
NC NC194 Downtown Pineville Intersection Redesign 1,435,000 1,435,000 1,435,000 1,435,000 NC NC195 Town of Black Mountain Emergency Signals Project 30,000 30,000 30,000 30,000 North Carolina 1,465,000 1,465,000 1,465,000
OH OH413
Franklin County Reynoldsburg-New Albany Road at Havens Road Project 3,000,000 3,000,000 3,000,000 3,000,000 OH OH414
SR 63 widening from its existing two (2) lanes to four (4) lanes between Union Road and east of SR 741. 5,000,000 5,000,000 5,000,000 5,000,000 OH OH415 I-675 / Grange Hall Interchange Project 400,000 400,000 400,000 400,000 OH OH416 Village of New Richmond Route 52 Highway Safety Mitigation Project 2,929,745 2,929,745 2,929,745 2,929,745
OH OH417 City of Madeira Miami Ave Revitalization & Complete Streets Project 3,397,799 3,397,799 3,397,799 3,397,799 OH OH418 City of Pataskala Safe Travel Plan 135,000 135,000 135,000 135,000 OH OH419 City of Cincinnati - Western Hills Viaduct 1,000,000 1,000,000 1,000,000 1,000,000 Ohio 15,862,544 15,862,544 15,862,544
OK OK155 Garvin/Pontotoc County Project 5,000,000 5,000,000 5,000,000 5,000,000 OK OK156
Grady County Project - Adding shoulders and resurfacing SH-19 between Alex and Lindsay, Oklahoma, OK-HD-4. 5,000,000 5,000,000 5,000,000 5,000,000 OK OK157 Ponca City Multi-Modal Transportation Infrastructure Project 2,000,000 2,000,000 2,000,000 2,000,000 OK OK158 I-35 Bridges over NE 63rd Street in Oklahoma City 3,125,000 3,125,000 3,125,000 3,125,000 OK OK159 I-35/SH-9W Interchange in Newcastle 3,125,000 3,125,000 3,125,000 3,125,000 OK OK160 I-40/Douglas Blvd Reconstruction and Widening in Oklahoma City 10,000,000 10,000,000 10,000,000 10,000,000 OK OK161 SH-136 from US-412 in Guymon 3,125,000 3,125,000 3,125,000 3,125,000 OK OK162 SH-152 in Washita County 3,125,000 3,125,000 3,125,000 3,125,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total OK OK163 SH-20 in Hominy 3,125,000 3,125,000 3,125,000 3,125,000 OK OK164 SH-3 from Lane to Farris 3,125,000 3,125,000 3,125,000 3,125,000 OK OK165 US-169 SW Ramp over I-244 in Tulsa 3,125,000 3,125,000 3,125,000 3,125,000 OK OK166 US-277 between Cement and Bailey Turnpike 3,125,000 3,125,000 3,125,000 3,125,000 OK OK167 US-281/SH-45 Junction in Waynoka 3,125,000 3,125,000 3,125,000 3,125,000 OK OK168 US-283 North of the Red River in Elmer 3,125,000 3,125,000 3,125,000 3,125,000 OK OK169 US-64/SH-14 Junction in Alva 3,125,000 3,125,000 3,125,000 3,125,000 OK OK170 US-70 Bypass in Madill 3,125,000 3,125,000 3,125,000 3,125,000 Oklahoma 59,500,000 59,500,000 59,500,000
OR OR200 Oregon City Quiet Zone 2,000,000 2,000,000 2,000,000 2,000,000 OR OR201 North Fork Road Improvements Project, Marion County 1,440,000 1,440,000 1,440,000 1,440,000 OR OR202 I-84 Exit 216 EB Snow Zone/Truck Parking 2,000,000 2,000,000 2,000,000 2,000,000 OR OR203 Tualatin Valley Highway Safety Improvements 1,000,000 1,000,000 1,000,000 1,000,000 Oregon 6,440,000 6,440,000 6,440,000
PA PA739 Chester County Electric Vehicle Charging Station Project 645,609 645,609 645,609 645,609 PA PA740
Independence Street Downtown Makeover (Implementation project from GoShamokin Revitalization Plan) 2,675,000 2,675,000 2,675,000 2,675,000 PA PA741
Trail extension and tunnel preconstruction, Westmoreland Heritage Trail - Middle Gap Development, Westmoreland County, PA 1,000,000 1,000,000 1,000,000 1,000,000 PA PA742 Knox Kane Pedestrian Highway Crossing Safety 322,435 322,435 322,435 322,435 PA PA743
North Avenue Streetscape, Safety and Signal Improvements, Pittsburgh 2,000,000 2,000,000 2,000,000 2,000,000 PA PA744 Monaca Streetscape Project 750,000 750,000 750,000 750,000 PA PA745 Rehabilitation of Bridge No. 29 - Brewery Bridge, City of Latrobe 500,000 500,000 500,000 500,000 Pennsylvania 7,893,044 7,893,044 7,893,044
RI RI093 Purgatory Road Sidewalks 960,000 960,000 960,000 960,000 RI RI094 Fred Lippitt Woonasquatucket River Greenway 3,400,000 3,400,000 3,400,000 3,400,000 RI RI095 Woonsocket - Lead Remediation for Bridges 2,500,000 2,500,000 2,500,000 2,500,000 RI RI096 Bike Path Connection - Washington Secondary Bike Path Extension 3,200,000 3,200,000 3,200,000 3,200,000 RI RI097 Centerville Road (RI-117) and Toll Gate Road Repaving in Warwick and West Warwick 1,000,000 1,000,000 1,000,000 1,000,000 RI RI098 East Bay Bike Path Bridges 5,000,000 5,000,000 5,000,000 5,000,000 RI RI099 Henderson Boulevard Connection 1,000,000 1,000,000 1,000,000 1,000,000 Rhode Island 17,060,000 17,060,000 17,060,000
SC SC147 Charleston Airport Connector Road Project 16,172,000 16,172,000 16,172,000 16,172,000 SC SC148 I-73 15,000,000 15,000,000 15,000,000 15,000,000 SC SC149 Whiskey Road Corridor - Powderhouse Road Connector 8,000,000 8,000,000 8,000,000 8,000,000 South Carolina 39,172,000 39,172,000 39,172,000
SD SD186 North Sioux City Northshore Drive Realignment Project 17,000,000 17,000,000 17,000,000 17,000,000 SD SD187 I-29 85th Street Interchange 30,000,000 30,000,000 30,000,000 30,000,000 South Dakota 47,000,000 47,000,000 47,000,000
TN TN283 Jefferson Street Multimodal Cap and Connector, Nashville, TN 3,000,000 3,000,000 3,000,000 3,000,000 TN TN284 Smart City Testbed Expansion 1,600,000 1,600,000 1,600,000 1,600,000 Tennessee 4,600,000 4,600,000 4,600,000
TX TX467 Veterans Memorial Blvd Phase II 5,000,000 5,000,000 5,000,000 5,000,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total TX TX468 Temple Outer Loop West Phase I 5,000,000 5,000,000 5,000,000 5,000,000 TX TX469 City of Austin IH-35 Cap & Stitch Study 1,500,000 1,500,000 1,500,000 1,500,000 TX TX470 US 190 4-Lane Divided Highway with Grassy Median Between Hearne, Texas, and Bryan, Texas 3,000,000 3,000,000 3,000,000 3,000,000 TX TX471
FM 2154 (Wellborn Road) / FM 2347 (George Bush Drive) Interchange 3,000,000 3,000,000 3,000,000 3,000,000 TX TX472 FM 1179 East Widening from FM 158 to Steep Hollow Road 3,000,000 3,000,000 3,000,000 3,000,000 TX TX473 Restoration of the Roma-Miguel Aleman International Suspension Bridge 5,000,000 5,000,000 5,000,000 5,000,000 TX TX474 City of Austin MoKan Trail 1,000,000 1,000,000 1,000,000 1,000,000 TX TX475 Sharpstown Multi-Use Trail Phase 1 1,000,000 1,000,000 1,000,000 1,000,000 Texas 27,500,000 27,500,000 27,500,000
UT UT130 Ephraim Road Safety & Economic Development Project 4,000,000 4,000,000 4,000,000 4,000,000 UT UT131 Utah Military Installation Development Authority - 3-Gate Trail site acquisition and construction 3,000,000 3,000,000 3,000,000 3,000,000 UT UT132 Industrial Road Improvements 3,000,000 3,000,000 3,000,000 3,000,000 Utah 10,000,000 10,000,000 10,000,000
VT VT073 Lamoille Valley Rail Trail 2,000,000 2,000,000 2,000,000 2,000,000 Vermont 2,000,000 2,000,000 2,000,000
VA VA270
George Washington Memorial Parkway - Traffic and Safety Context Sensitive Solutions, Belle Haven to City of Alexandria 300,000 300,000 300,000 300,000 VA VA271 Coalfields Expressway Pre-Engineering Project 1,995,000 1,995,000 1,995,000 1,995,000 VA VA272 Waxpool Road/Loudoun County Parkway Intersection Improvements 2,000,000 2,000,000 2,000,000 2,000,000 VA VA273 Glencarlyn Park Pedestrian Bridge 800,000 800,000 800,000 800,000 VA VA274 Bluemont Junction Trail 325,000 325,000 325,000 325,000 VA VA275
Pohick Road Sidewalk (I-95 to Richmond Highway) in Fairfax County, VA 1,000,000 1,000,000 1,000,000 1,000,000 VA VA276
Eastern Shore Rails to Trails Project, Cape Charles to Route 13 Segment 2,500,000 2,500,000 2,500,000 2,500,000 VA VA277
Ettrick Train Station Revitalization- Bessie Lane Realignment and Reconstruction 1,000,000 1,000,000 1,000,000 1,000,000 VA VA278 Poindexter Sidewalks Extension (South Norfolk) 2,400,000 2,400,000 2,400,000 2,400,000 VA VA279 Lawson Road Pedestrian Crossing of Tuscarora Creek 935,000 935,000 935,000 935,000 VA VA280 Centerville Turnpike Phase III 6,000,000 6,000,000 6,000,000 6,000,000 VA VA281 Coliseum Drive Extension Project, Phase B 1,500,000 1,500,000 1,500,000 1,500,000 VA VA282 Capital Bikeshare for Underserved Areas 1,000,000 1,000,000 1,000,000 1,000,000 VA VA283 Fall Line Trail 2,000,000 2,000,000 2,000,000 2,000,000 VA VA284 Mayo Bridge Rehabilitation 5,000,000 5,000,000 5,000,000 5,000,000 Virginia 28,755,000 28,755,000 28,755,000
WA WA324 SR-20 - Campbell Lake Road Roundabout 1,740,000 1,740,000 1,740,000 1,740,000 WA WA325 City of Spokane Northeast Infrastructure Wellesley-Freya to Havana 3,500,000 3,500,000 3,500,000 3,500,000 WA WA326 Mountlake Terrace Town Center - Transit Connection Corridor 2,000,000 2,000,000 2,000,000 2,000,000 WA WA327 Scriber Creek Trail Redevelopment- Phase 2 1,000,000 1,000,000 1,000,000 1,000,000 WA WA328
Project FIRST (Fast Tracking Improvements to Reach Strategic Targets) Improvements to Vancouver SE 1st Street Corridor 2,500,000 2,500,000 2,500,000 2,500,000 WA WA329 Edgewater Bridge Replacement 3,000,000 3,000,000 3,000,000 3,000,000 Consolidated Appropriations Act, 2022
(Public Law 117-103) Division L, Title I, Highway Infrastructure Programs State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-103 Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-103
Amount available under P.L.
117-103
Allocation of Y928 Funds
This Memorandum
Obligation Authority
This Memorandum
(DELPHI Code
1550574B50.2022.050Y928500)
Project State Total Project State Total Project State Total WA WA330 South Barker Road Corridor 3,000,000 3,000,000 3,000,000 3,000,000 Washington 16,740,000 16,740,000 16,740,000
WV WV105 Coalfields Expressway 500,000 500,000 500,000 500,000 West Virginia 500,000 500,000 500,000
WI WI180 Brown County South Bridge Regional Connector Project 5,000,000 5,000,000 5,000,000 5,000,000 Wisconsin 5,000,000 5,000,000 5,000,000
846,927,823 846,927,823 846,927,823 845,719,823 845,719,823 840,719,823 840,719,823 Note 1: A separate allocation will be provided through Federal Lands Highway Memorandum
Subject: ACTION: Allocation of Highway Infrastructure
Programs Projects designated in Division L of the
Consolidated Appropriations Act, 2023
[CFDA No. 20.205]
Date: March 21, 2023
In Reply
Refer to: HISM-40
Digitally signed by PETER JOHN

STEPHANOS
Date: 2023.03.21 14:06:25 -04'00'

PETER JOHN
STEPHANOS From: Peter J. Stephanos
Director, Office of Stewardship, Oversight,
and Management
To: Brian R. Bezio
Chief Financial Officer
Division Administrators
The Consolidated Appropriations Act, 2023 (Public Law 117-328) appropriates a total of $3,417,811,613 for Highway Infrastructure Programs (HIP) from the General Fund of the Treasury for fiscal year (FY) 2023. Of such amount, $1,862,811,613 is set aside for “Community Project Funding / Congressionally Directed Spending.” The project descriptions for the 562 projects can be found in the “Community Project Funding / Congressionally Directed Spending” table in the Joint Explanatory Statement incorporated by reference in Division L of the Consolidated Appropriations Act, 2023, and are also included in the attachment to this memo. With this memorandum, FHWA is allocating $1,851,971,613 for 557 projects to State departments of transportation (DOTs). The Office of Federal Lands Highway (FLH) will distribute funding for five tribal community projects totaling $10,840,000. These funds are in addition to any other funds, including contract authority, provided in FY 2023. This funding is not subject to any obligation limitation that applies to Federal-aid contract authority.

With this memorandum, we are requesting the Budget Execution Team in the Office of Budget to allocate in the Fiscal Management Information System (FMIS) $1,851,971,613 for 557 projects to the States, as indicated in the attachment to this memorandum (FMIS program code Y926; DELPHI fund value 1530569B50.)
These funds remain available for obligation through September 30, 2026. Any such amounts not obligated on or before September 30, 2026, shall expire. Once the period for obligation U.S. Department
of Transportation
Federal Highway
Administration
2 has expired, these funds will only remain available for adjusting and liquidating obligations as authorized in accordance with title 31, United States Code (U.S.C.), section 1553.

Obligated earmark balances are available for expenses properly charged to the account and incurred until September 30, 2031. After that date, any unexpended balances shall be cancelled in accordance with 31 U.S.C. 1552 and shall no longer be available for obligation or expenditure.

Demo IDs have been assigned for each project to properly track these funds to ensure that they are only obligated and expended for the specific project for which they were designated.

Each project has been assigned a unique Demo ID that links the funding to the specific project description as listed in the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2023. Since the project description defines the scope of work on which the funds may be legally expended, the funding for the project can only be utilized for the activities within the scope and physical limits of the project as defined by the project description. The Demo IDs under which these funds are being distributed are also included in the attachment to this memorandum.

Except as otherwise provided, these funds are to be administered as if apportioned under chapter 1 of title 23, U.S.C.1
Therefore, these projects are to be administered as title 23 projects in accordance with the applicable statutory and regulatory provisions contained in title 23, U.S.C. and Code of Federal Regulations (CFR), as well as other applicable Federal requirements, such as the National Environmental Policy Act (42 U.S.C. 4321, et seq.) and the Disadvantaged Business Enterprise Program. The State, through its DOT in accordance with 23 U.S.C. 302, is the direct recipient of funds allocated by this memorandum and is responsible for administration of these funds. If the State DOT acts as a pass-through entity of Federal assistance, the State DOT maintains the passthrough responsibilities specified in 2 CFR 200.332 and 23 U.S.C. 106(g)(4).

The maximum Federal share for these State projects is governed by 23 U.S.C. 120, as amended. It is generally 80 percent (See 23 U.S.C. 120(b)). The maximum Federal share for projects on the Interstate System is 90 percent unless the project adds lanes that are not highoccupancy-vehicle or auxiliary lanes (See 23 U.S.C. 120(a)). For projects that add single occupancy vehicle capacity, that portion of the project will revert to the 80 percent level. An upward sliding scale adjustment is available to States having public lands (Sliding Scale Rates In Public Land States). States may use a lower Federal share on Federal-aid projects as provided in 23 U.S.C. 120(h). These funds may not be used as the non-Federal match for other Federal programs unless there is specific statutory authority (2 CFR 200.306(b)(5)).

The Consolidated Appropriations Act, 2023, does not provide authority for use of these funds as a non-Federal match for other Federal programs, including Federal-aid programs under title 23, U.S.C.

Generally, Project Agreements should not be modified to replace one Federal fund category with another unless specifically authorized by statute (23 CFR 630.110(a)). For additional information on earmarked funds, see Q&As on Obligation of Earmarked Funds for FederalAid Projects. 1 Tribal projects funded from these amounts are to be administered as if allocated under chapter 2 of title 23, U.S.C. 3 Earmarked funds shall not participate in costs incurred prior to the date of project agreement (23 CFR 630.106(b)).

By copy of this memorandum, we request that the Budget Execution Team (HCFB-12) in the Office of Budget:
1) enter the Demo IDs identified in the attached table, and 2) process these allocations.

If there are any questions, please contact Tony DeSimone at 317-226-5307 or by email at [email protected].

Attachment
Project State Total Project State Total Project State Total CA CA916 Yerba Buena Island West Side Bridges Seismic Retrofit Project 2,200,000 2,200,000 2,200,000 2,200,000 CA CA917 Reche Canyon Road Realignment to Hunts Lane 4,166,000 4,166,000 4,166,000 4,166,000 CA CA918 Little 3rd Street Project 2,560,000 2,560,000 2,560,000 2,560,000 CA CA919 3rd Street Corridor Project 3,000,000 3,000,000 3,000,000 3,000,000 CA CA920 Riley Street Safety Improvements 4,000,000 4,000,000 4,000,000 4,000,000 CA CA921
White Rock Road — 0.5 Mile East of Rancho Cordova Parkway to Rio Del Oro Parkway 4,000,000 4,000,000 4,000,000 4,000,000 CA CA922 Capital SouthEast Connector—D3a Class I Multi-Use Path 4,000,000 4,000,000 4,000,000 4,000,000 CA CA923 Old Town Streetscape Project Phase 2 2,000,000 2,000,000 2,000,000 2,000,000 CA CA924
Laguna Creek Inter-Regional Trail Crossing at State Route 99 (SR–99) 2,000,000 2,000,000 2,000,000 2,000,000
CA CA925
Bridge Replacement at Las Posas Road (U.S. 101) and Ventura Boulevard 4,000,000 4,000,000 4,000,000 4,000,000
CA CA926 Limonite Gap Pedestrian Bridge 1,600,000 1,600,000 1,600,000 1,600,000 CA CA927 Ontario Avenue/I–15 Multimodal Corridor Enhancements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA928 I–15 Express Lanes Southern Extension 3,000,000 3,000,000 3,000,000 3,000,000 CA CA929 Scott Road/Bundy Canyon Road Improvements 4,000,000 4,000,000 4,000,000 4,000,000 CA CA930 I–215 and Keller Road Interchange Project 2,600,000 2,600,000 2,600,000 2,600,000 CA CA931 Magnolia Avenue Bridge Widening Project 2,000,000 2,000,000 2,000,000 2,000,000 CA CA932 Auto Center Drive Bridge Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA933 Prado Road Bridge Replacement project 2,065,000 2,065,000 2,065,000 2,065,000 CA CA934 Arroyo Grande Swinging Bridge Rehabilitation 500,000 500,000 500,000 500,000 CA CA935 U.S. 101 High Occupancy Vehicle Project Segment 4D North 7,000,000 7,000,000 7,000,000 7,000,000 CA CA936 City of Los Angeles Cool Pavement and Shade Structures 2,500,000 2,500,000 2,500,000 2,500,000 CA CA937 Colorado Street/Boulevard Corridor Complete Street in Arcadia CA 3,000,000 3,000,000 3,000,000 3,000,000 CA CA938 Glendora People Movement Project in Glendora CA 5,000,000 5,000,000 5,000,000 5,000,000 CA CA939 Madera County State Route 41 Expressway Final Design Project 1,950,000 1,950,000 1,950,000 1,950,000 CA CA940 Calwa Complete Streets Project 4,000,000 4,000,000 4,000,000 4,000,000 CA CA941 Citywide Traffic System Upgrade Phase 2 Project 631,200 631,200 631,200 631,200 CA CA942 Ygnacio Valley Road Fiber Infrastructure 2,520,000 2,520,000 2,520,000 2,520,000 CA CA943 Lamorinda Smart Signal System Project 4,185,000 4,185,000 4,185,000 4,185,000 CA CA944 School Street Safe Routes to School Project 3,100,000 3,100,000 3,100,000 3,100,000 CA CA945 Village to Hakone Gardens Walkway Project 1,520,000 1,520,000 1,520,000 1,520,000 CA CA946 Middle Avenue Pedestrian/Bicycle Rail Crossing 4,000,000 4,000,000 4,000,000 4,000,000 CA CA947 Boulder Creek Complete Streets Improvements project 1,500,000 1,500,000 1,500,000 1,500,000 CA CA948 Bernardo Avenue Undercrossing 2,500,000 2,500,000 2,500,000 2,500,000 CA CA949 Resurfacing Sharp Park Priority Development Area 800,000 800,000 800,000 800,000 CA CA950 Spooky Knoll Trail 400,000 400,000 400,000 400,000 CA CA951
Highway 1/Frenchman’s Creek Intersection and Bike/Pedestrian Improvements 2,000,000 2,000,000 2,000,000 2,000,000
CA CA952 Stevenson Bridge Rehabilitation Project 3,387,619 3,387,619 3,387,619 3,387,619 CA CA953
Jepson Parkway Phase 2B (Access to Travis AFB and Canon Road Safety Improvements) 4,000,000 4,000,000 4,000,000 4,000,000 CA CA954
SR128/I–505 Overcrossing (Br. 22–0110)/Russell Blvd Bicycle and Pedestrian Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA955
I–505 Vaca Valley Parkway Corridor Multi-Modal Improvement Project 4,000,000 4,000,000 4,000,000 4,000,000
Consolidated Appropriations Act, 2023
(Public Law 117-328) Division L, Title I, Highway Infrastructure Programs Allocation of Y926 Funds
This Memorandum
Obligation Authority
This Memorandum
DELPHI Code
1530569B50.2023.050Y926500
State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-328
Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-328
Amount available under P.L. 117-
328
Project State Total Project State Total Project State Total Consolidated Appropriations Act, 2023
(Public Law 117-328) Division L, Title I, Highway Infrastructure Programs Allocation of Y926 Funds
This Memorandum
Obligation Authority
This Memorandum
DELPHI Code
1530569B50.2023.050Y926500
State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-328
Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-328
Amount available under P.L. 117-
328
CA CA956
Avenue M Corridor and US Air Force Plant 42 Access Improvement Project 1,500,000 1,500,000 1,500,000 1,500,000
CA CA957 Sequoia Avenue Grade Crossing Safety Improvements 4,000,000 4,000,000 4,000,000 4,000,000 CA CA958 Safe Routes to School Safety Project 1,313,000 1,313,000 1,313,000 1,313,000 CA CA959
Avenue M and Sierra Highway Grade Separation Environmental Review and Planning Project 2,000,000 2,000,000 2,000,000 2,000,000 CA CA960 SR 132 West Project Phase 2 7,000,000 7,000,000 7,000,000 7,000,000 CA CA961 State Route 99/120 Connector Project Phase 1B 5,000,000 5,000,000 5,000,000 5,000,000 CA CA962 SR–52 Congestion Improvement Project 2,500,000 2,500,000 2,500,000 2,500,000 CA CA963 South Escondido Access Improvement Project 1,400,000 1,400,000 1,400,000 1,400,000 CA CA964 City of Sunnyvale Stevens Creek Trail Extension Project 3,000,000 3,000,000 3,000,000 3,000,000 CA CA965
Thornton Avenue Alternate Route Corridor Pavement Rehabilitation 2,000,000 2,000,000 2,000,000 2,000,000
CA CA966 Anna Drive Neighborhood Flood Protection Project 3,000,000 3,000,000 3,000,000 3,000,000 CA CA967 The OC Loop — Segments A and B 3,000,000 3,000,000 3,000,000 3,000,000 CA CA968 SR–91 Improvements 5,000,000 5,000,000 5,000,000 5,000,000 CA CA969 Fix 5 Cascade Gateway Project 3,000,000 3,000,000 3,000,000 3,000,000 CA CA970 Roe Road Extension Project 1,800,000 1,800,000 1,800,000 1,800,000 CA CA971 Cohasset Road Widening and Fire Safety Project 1,400,000 1,400,000 1,400,000 1,400,000 CA CA972
Vision Zero—Bancroft Avenue and Williams Street Bicycle Corridor 4,000,000 4,000,000 4,000,000 4,000,000
CA CA973 SR–74 Improvements, Orange County, California 4,000,000 4,000,000 4,000,000 4,000,000 CA CA974
Lomas Santa Fe Drive Roadway and Corridor Improvements—Solana Beach, California 7,000,000 7,000,000 7,000,000 7,000,000 CA CA975 Wallis Annenberg Wildlife Crossing 2,500,000 2,500,000 2,500,000 2,500,000 CA CA976 Manhattan Beach Safe Cycling Project 1,000,000 1,000,000 1,000,000 1,000,000 CA CA977 Pacific Palisades Pedestrian Trail 1,150,000 1,150,000 1,150,000 1,150,000 CA CA978 Safe Routes to School Initiative, Christopher High School 1,500,000 1,500,000 1,500,000 1,500,000 CA CA979 Anaheim Street Corridor Project 7,000,000 7,000,000 7,000,000 7,000,000 CA CA980
Pebbly Beach Road Revetment Repairs and Structural Improvements 2,000,000 2,000,000 2,000,000 2,000,000
CA CA981 I Street Bridge Deck Conversion for Active Transportation 4,933,861 4,933,861 4,933,861 4,933,861 CA CA982 City of Sacramento ZEV Fleet Infrastructure Program 4,300,000 4,300,000 4,300,000 4,300,000 CA CA983 Grant Line Road Realignment 2,500,000 2,500,000 2,500,000 2,500,000 CA CA984 Covina Metrolink Access and Connectivity Project 4,000,000 4,000,000 4,000,000 4,000,000 CA CA985
Azusa Avenue Pedestrian Handicap Accessibility & Signal Synchronization Improvements Project 7,000,000 7,000,000 7,000,000 7,000,000 CA CA986 Donald & Bernice Watson Greenbelt Trail Improvement Project 1,600,000 1,600,000 1,600,000 1,600,000 CA CA987 Parkway-Denholm Traffic Calming and Street Improvement Project 4,000,000 4,000,000 4,000,000 4,000,000 CA CA988
Arrow Highway Street Improvement Project from West City Limit to East City Limit 2,400,000 2,400,000 2,400,000 2,400,000 CA CA989
First Avenue Bridges Replacement over Mojave River and Overflows 2,000,000 2,000,000 2,000,000 2,000,000
CA CA990 Cedar Street Improvements 2,000,000 2,000,000 2,000,000 2,000,000 CA CA991 Wildwood Canyon Interchange 2,000,000 2,000,000 2,000,000 2,000,000 CA CA992
US 101 Auxiliary Lane — South of Salinas, Monterey County, California 1,000,000 1,000,000 1,000,000 1,000,000
CA CA993 Bayview Community-Based Transportation Implementation 2,500,000 2,500,000 2,500,000 2,500,000 Project State Total Project State Total Project State Total Consolidated Appropriations Act, 2023
(Public Law 117-328) Division L, Title I, Highway Infrastructure Programs Allocation of Y926 Funds
This Memorandum
Obligation Authority
This Memorandum
DELPHI Code
1530569B50.2023.050Y926500
State Demo ID Project Description in Explanatory Statement Accompanying Pub. L. No. 117-328
Designated Amounts
in Explanatory
Statement
Accompanying
Pub. L. No. 117-328
Amount available under P.L. 117-
328
CA CA994 Downtown Mobility Phase 3A 3,144,000 3,144,000 3,144,000 3,144,000 CA CA995 Interstate 10 and Monroe Street Interchange 1,500,000 1,500,000 1,500,000 1,500,000 CA CA996 Dillon Road Corridor 2,700,000 2,700,000 2,700,000 2,700,000 CA CA997 Desert Hot Springs Bridges Over Water Project 2,500,000 2,500,000 2,500,000 2,500,000 CA CA998 South Whittier Communities Bikeways Access Project 2,500,000 2,500,000 2,500,000 2,500,000 CA CA999 Third Street Grade Separation Project 3,000,000 3,000,000 3,000,000 3,000,000 CA CAA01
Mission Boulevard Pavement Rehabilitation — Phase 3, Ben Nevis to Bellegrave 2,300,000 2,300,000 2,300,000 2,300,000
CA CAA02 Napa Valley Vine Trail: Yountville to St. Helena Gap Closure 4,000,000 4,000,000 4,000,000 4,000,000 CA CAA03
State Route 121/12 & 8th Street East Intersection Improvements, Sonoma 1,500,000 1,500,000 1,500,000 1,500,000
CA CAA04 Unincorporated Fontana Safe Routes to School 1,500,000 1,500,000 1,500,000 1,500,000 CA CAA05
Mt. Vernon Avenue and Potomac Avenue Pedestrian Improvements 4,000,000 4,000,000 4,000,000 4,000,000
CA CAA06 Bayshore Bikeway: Barrio Logan 3,500,000 3,500,000 3,500,000 3,500,000 CA CAA07 Brandt Road Bridge Replacement Project 4,000,000 4,000,000 4,000,000 4,000,000 CA CAA08 Lawndale Citywide Traffic Signs Replacement Project 1,000,000 1,000,000 1,000,000 1,000,000 CA CAA09 Hawthorne Crenshaw Blvd. Mobility Improvement Project 4,000,000 4,000,000 4,000,000 4,000,000 California 270,125,680 270,125,680 270,125,680
*Note 1: A separate allocation will be provided through Federal Lands Highway

MONTAGUE
EXPWY

TRIMBLE
ROAD
LOCATION MAP:

DE LA CRUZ BOULEVARD BICYCLE

IMPROVEMENTS PROJECT

DE LA CRUZ BOULEVARD
(Montague Expwy to
Trimble Road)

TASMAN DR

MONTAGUE EXPWY
LOCATION MAP:

LICK MILL BOULEVARD BICYCLE

IMPROVEMENTS PROJECT

LICK MILL BOULEVARD
(Tasman Dr to
Montague Expwy)
HWY101

CENTRAL
EXPWY

SAN TOMAS
EXPWY

EL CAMINO REAL

PROJECT LOCATION

SCOTT BOULEVARD

CALABAZAS CREEK TRAIL TO

SARATOGA AVE
LOCATION MAP:

SCOTT BOULEVARD BICYCLE

IMPROVEMENTS PROJECT

SCOTT BOULEVARD
(Calabazas Creek Trail to
Saratoga Ave)
LOCATION MAP:

ANNA DRIVE NEIGHBORHOOD FLOOD PROTECTION PROJECT

ANNA DRIVE
(Anna Drive from San Tomas Expy to McCormick Drive)
N
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1074 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Action on a Request for a Special Permit to Allow Outdoor Display of Goods for Sale at 2213 El Camino Real from October 11, 2023 through November 30, 2023

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant, Hayoung Lee, on behalf of the grocery store, New India Bazar, requests a Special Permit pursuant to Zoning Code Section 18.60.030 to allow for seasonal Outdoor Display and sales at a site located at 2213 El Camino Real. The property is zoned for commercial use (CT - Thoroughfare Commercial) and is developed with commercial uses. Neighboring land uses include single-family residential and commercial development. The Thoroughfare Commercial zoning district does not identify outdoor seasonal sales as a use permitted by right or through issuance of a Use Permit. However, City Code Section 18.60.030 allows activities to be performed in any non-industrial Zoning District for any use not otherwise regulated within the Zoning Code upon issuance of a Special Permit by the City Council.

DISCUSSION
Granting of a Special Permit requires the City Council to make certain findings consistent with City Code Section 18.60.030 (c) as follows:
(1) The facility, under the circumstances of the particular case, is essential or desirable to the public convenience or welfare;
(2) The facility will not be detrimental to the health or safety of the persons residing in the neighborhood;
(3) The facility will not be detrimental to the property or improvements in the neighborhood; (4) The facility will not impair the integrity or character of the zoning district; and (5) The facility will not create a significant increase in the traffic to and from the premises or in the on-street parking within five hundred (500) feet.

The temporary outdoor display is proposed to begin with set up on October 11, 2023 and end with the breakdown of the event completed by November 30, 2023 to coincide with a festival period.

Hours of operation for the outdoor display and sales will be the same as the grocery store. The outdoor display will support cultural activity as well as the economic vibrancy of the host business City of Santa Clara Page 1 of 3 Printed on 10/5/2023
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23-1074 Agenda Date: 10/10/2023
with no foreseeable impacts. The proposed sales activity will be consistent and compatible with the primary use of the property.

The proposed temporary outdoor display event would occur under the existing covered overhang in front of the tenant space. Temporary screens will be placed under the store’s awning to insulate the outdoor sales space between the front of the store and the parking lot. Accessibility for those with disabilities will be maintained at all times within the display area. Merchandise will include festival goods such as garlands, idols, bowls, and color sands, but no food items. The property is owned by 2213 El Camino Real LLC, which has provided written authorization for the temporary use.

The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the surrounding land uses in that the event will occur over a limited time period and will be subject to conditions which reduce potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public or private nuisance.

Operating the temporary event would not impair the integrity or character of the zoning district since the event will allow the purchase of the same goods that are already sold within the building. Parking is not projected to be impacted by the proposed use.

The Special Permit is subject to revocation should a problem arise.

Draft Permit and Conditions
The proposed permit would be subject to conditions of approval as follows:

1. Special Permit shall be valid from October 11, 2023 through November 30, 2023, with set-up beginning on October 11, 2023, and breakdown/clean-up to be completed by November 30, 2023;

2. Hours of operation: 9 AM to 10 PM;

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

4. The applicant shall obtain an amplified music permit, if amplified music is to be used, and shall comply with City Code Section 9.10.040, noise and sound regulation;

5. The applicant shall obtain temporary sign permits for all temporary signs advertising the events;

6. There shall be no “searchlight” beams, streamers, or roof-mounted balloons during the events;

7. Upon conclusion of the outdoor display event, the area shall be cleaned and returned to its prior condition; and

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

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

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

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

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23-1074 Agenda Date: 10/10/2023

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

RECOMMENDATION

1. Determine the issuance of the Special Permit to be categorically exempt from formal environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and

2. Adopt the findings listed in the Report in accordance with City Code Section 18.60.030 and approve the request of a Special Permit to allow for outdoor display and sales events at 2213 El Camino Real from October 11, 2023 through November 30, 2023, subject to conditions.

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

ATTACHMENTS

1. Special Permit Plan

2. Project Description
City of Santa Clara Page 3 of 3 Printed on 10/5/2023
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627 Hanover Street, Livermore, California 94551 Cell: (510)593-8736 [email protected] City of Santa Clara, Planning Division
1500 Warburton Avenue, Santa Clara, CA 95050
Project: Temporary outdoor merchandize display and install 9ft tent screen at existing operating grocery store ‘New India Bazar’
Address: 2213 El Camino Real
Project Description:

Requesting temporary outdoor merchandise display at walkway and installing approximately 9 ft high tent screen between post at existing covered overhang walkway at single story retail building during 3 months festival period during business hours (September, October & November).

Display merchandize will be festival goods (Indican garland, cray idols, portable table, bowls, color sands, and other related goods) and there will no food items.

Proposed display layout will not block accessibility and will provide min. 44” wide passage way between display.

Proposed screen is not a permit wall which not change building area which is located existing covered overhang area nor parking space.

• nnovative 's pace
Architecture - Planning - Site Development
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1075 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Resolution Increasing the Transient Occupancy Tax Rate from 11.5% to 12.5% effective January 1, 2024; and Introduction of an Ordinance Amending Section 3.25.030 of the Santa Clara City Code to Reflect the Increase in the Transient Occupancy Tax Rate

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
In November 2020, Santa Clara voters approved Measure E which authorized the City to levy an additional Transient Occupancy Tax (TOT) rate by up to 4% from the rate of 9.5% to up to 13.5%.

The ballot passed with 73.57% of voters supporting the measure. In FY 2021/22, 2 percent of the 4 percent potential rate increase was implemented effective January 1, 2022.

Outreach regarding the TOT rate increases was conducted in March 2023 with the large hotels in the City. Public discussion regarding the TOT rate increase was also part of the budget deliberations in May and June 2023.

On June 27, 2023, as part of the Council approval of the FY 2023/24 and FY 2024/25 Adopted Budget, direction was provided to staff to bring forward a separate resolution to increase the TOT by one percentage point effective January 2024. The budget also assumes the remaining one percentage point increase that is allowed by voters would be implemented in January 2025.

DISCUSSION
The introduction of a resolution to increase the TOT rate by one percentage point from 11.5% to

12.5% is consistent with the City Council direction provided as part of the adoption of the FY 2023/24 and FY 2024/25 Biennial Operating Budget. The TOT rate increase was a critical strategy as part of the multi-pronged approach of using reserves, reducing expenditures, and generating new revenues in order to balance the General Fund budget.

The voter-approved tax was approved to maintain and protect the level of essential city services including 9-1-1 emergency medical/disaster preparedness, police and fire protection, bicycle and pedestrian safety, roadways and storm drains, and other vital services including parks, recreation, libraries and senior services. The revenue generated from the TOT is collected in the City’s General Fund revenue for these services, which preserve the quality of life in neighborhoods, ensure the safety of our community, and pay for critical infrastructure needs.

In addition to the proposed resolution to modify the tax rate, a modification to section 3.25.030 of the Santa Clara City Code is also recommended to reflect the revision to the TOT rate.

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23-1075 Agenda Date: 10/10/2023
In addition to the outreach conducted in March and June 2023, and to ensure a smooth transition to the new TOT rate, letters were sent to all Santa Clara hotel owners and operators regarding the potential TOT rate increase consideration for the October 10, 2023 City Council meeting. If approved by the Council, staff will provide further notification of the tax rate change and will post information on the City’s website.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environment Quality Act (“CEQA”) pursuant to section 15378(a)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The FY 2023/24 and FY 2024/25 Adopted Budget factors in additional revenue from a one percentage point increase in the TOT rate effective January 1, 2024. This additional revenue is estimated at $1.7 million annually.

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

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

The hotels citywide were also notified of the Council Agenda date for the consideration of the proposed TOT rate increase.

RECOMMENDATION

1. Approve a resolution increasing the Transient Occupancy Tax rate from 11.5% to 12.5% effective January 1, 2024; and

2. Approve the introduction of an ordinance amending section 3.25.030 of the Santa Clara City Code to reflect the increase in the Transient Occupancy Tax rate.

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

ATTACHMENTS

1. Resolution increasing the Transient Occupancy Tax rate

2. Ordinance amending section 3.25.030 of the Santa Clara City Code City of Santa Clara Page 2 of 2 Printed on 10/5/2023
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Resolution/Transient Occupancy Tax Rate Increase Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ADOPTING AN INCREASE IN THE TRANSIENT OCCUPANCY
TAX RATE TO 12.5% PURSUANT TO MEASURE E
WHEREAS, On November 3, 2020, 73.57% of Santa Clara voters approved the following ballot measure (Measure E) that allowed for an increase of up to four percentage points in the City’s Transient Occupancy Tax (TOT) from the starting rate of 9.5%; WHEREAS, the tax increase is designed to generate General Fund revenue that is used to continue to deliver high quality City services, prepare for disasters and emergencies, preserve the quality of life in neighborhoods, ensure the safety of our community, and pay for critical infrastructure needs;
WHEREAS, the TOT rate was increased from 9.5% to 11.5%, effective January 1, 2022, consistent with the FY 2021/22 and FY 2022/23 Biennial Operating Budget; WHEREAS, the City’s current Transient Occupancy Tax (TOT) rate is 11.5%; WHEREAS, the FY 2023/24 and FY 2024/25 Biennial Operating Budget assumed a one percentage point increase in the TOT rate effective January 1, 2024, from 11.5% to 12.5%, to generate additional revenue estimated at $1.7 million annually.

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

1. That in accordance with the authority granted to the City Council by the voters in November 2020 under Measure E, the Transient Occupancy Tax rate shall be 12.5% effective on and after January 1, 2024.

Transient Occupancy Tax Rates. To maintain and protect the level of essential city services including 9-1-1 emergency medical/disaster preparedness, police and fire protection, bicycle and pedestrian safety, roadways and storm drains, and other vital services including parks, recreation, libraries and senior services, shall a measure increasing the hotel tax rate up to 4%, generating up to approximately 7 million dollars annually, paid only by hotel/motel guests, until ended by voters, be adopted? Resolution/Transient Occupancy Tax Rate Increase Page 2 of 2 Rev: 7/27/2023

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 10th DAY OF OCTOBER 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/Transient Occupancy Tax Rate Increase Page 1 of 3 Rev: 09/2019
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING SECTION 3.25.030 (“TAX
IMPOSED”) OF CHAPTER 3.25 (“TRANSIENT OCCUPANCY
TAX”) OF “THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA” TO REFLECT THE INCREASED TAX RATE
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, On November 3, 2020, 73.57% of Santa Clara voters approved the following ballot measure (Measure E) that allowed for an increase of up to four percentage points in the City’s TOT from the starting rate of 9.5%;
;
WHEREAS, the TOT rate was increased from 9.5% to 11.5%, effective January 1, 2022, consistent with the FY 2021/22 and FY 2022/23 Biennial Operating Budget; WHEREAS, concurrently with this ordinance amendment, pursuant to the authorization granted by the voters in Measure E, the City Council is adopting a resolution increasing the TOT rate from 11.5% to 12.5%, which will be effective January 1, 2024; and WHEREAS, the City Code currently reflects a TOT rate of 11.5%, which must be amended to be consistent with the TOT rate increase.

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

SECTION 1: That Section 3.25.030 (entitled “Tax Imposed”) of Chapter 3.25 (entitled “Transient Occupancy Tax”) of Title 3 (entitled “Revenue and Finance”) of “The Code of the City of Santa Clara, California” (“SCCC”) is amended to read as follows:

Transient Occupancy Tax Rates. To maintain and protect the level of essential city services including 9-1-1 emergency medical/disaster preparedness, police and fire protection, bicycle and pedestrian safety, roadways and storm drains, and other vital services including parks, recreation, libraries and senior services, shall a measure increasing the hotel tax rate up to 4%, generating up to approximately 7 million dollars annually, paid only by hotel/motel guests, until ended by voters, be adopted? Ordinance/Transient Occupancy Tax Rate Increase Page 2 of 3 Rev: 09/2019
“3.25.030 Tax imposed.
(a) For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax as imposed from time to time by City Council resolution. Said tax shall be a percentage of the rent charged by the operator to the occupant. (b) On and as of January 1, 2024 and continuing thereafter until further change by City Council resolution, the amount of the tax imposed is twelve and one-half percent (12.5%) of the rent charged by the operator.
(c) Said tax constitutes a debt owed by the transient to the City, which is extinguished only by payment to the operator or to the City. The transient, or any person paying rent on the transient’s behalf, shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Director of Finance may require that such tax shall be paid directly to the Director of Finance.”
SECTION 2: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective Ordinance/Transient Occupancy Tax Rate Increase Page 3 of 3 Rev: 09/2019
date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 4: Effective date. This ordinance shall, by its terms, take effect on and as of January 1, 2024; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.”
PASSED FOR THE PURPOSE OF PUBLICATION this 10th day of October 2023, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ___________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1140 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2024

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Setting the Council and Authorities Concurrent and Stadium Authority meetings in advance allows for the proper planning and agenda management.

Pursuant to Charter Section 707, the City Council shall hold regular meetings at least twice each month.

DISCUSSION
The proposed 2024 calendar of meetings includes the Charter required two Council meetings per month. It also proposes that each Council meeting be a Joint Stadium Authority to allow Stadium Authority business to be considered at every meeting. The calendar takes into consideration regularly attended conferences (i.e., League of California Cities, American Public Power Association, etc.), avoids major observed holidays and includes a five-week summer recess from July - August.

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

FISCAL IMPACT
There is no additional cost to the City other than administrative time.

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

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

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23-1140 Agenda Date: 10/10/2023

RECOMMENDATION
Set the 2024 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar.

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

ATTACHMENTS

1. Proposed 2024 Meetings Calendar
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COUNCIL & AUTHORITIES MEETINGS

S M T W T F S S M T W T F S S M T W T F S
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7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
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31 S M T W T F S S M T W T F S S M T W T F S
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30 S M T W T F S S M T W T F S S M T W T F S
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S M T W T F S S M T W T F S S M T W T F S
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Council Recess
Council and Authorities Concurrent Meeting
Stadium Authority Meeting Published Calendars of Certain City Officials

STADIUM AUTHORITY MEETINGS
2024
November December
April May June
July August September
October
City Holiday
KEY
January February March
Yearly Calendar Template by Vertex42.com http://www.vertex42.com/ExcelTemplates/yearly-calendar.html © 2013 Vertex42 LLC. Free to Print. 0 □
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1167 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Action on Silicon Valley Power’s Updated Sponsorship List of Annual Events and Activities and Continued Delegation of Authority to City Manager to Approve Additional Sponsorships of up to $10,000

COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure

BACKGROUND
For many years, the City of Santa Clara’s Electric Utility department, Silicon Valley Power (SVP), has sponsored events and activities in and around the City of Santa Clara. Many supported events are organized by the City of Santa Clara (City) and include 4th of July All-City Picnic, the Art and Wine Festival, the Holiday Tree Lighting. Other community events have included the Firehouse Fun Run, Santa Clara Unified School District’s STEAM Expo and Arbor Day. SVP also supports City Council and City staff’s attendance to Joint Venture Silicon Valley’s annual State of the Valley Conference.

SVP’s purpose in providing the sponsorships and support is to meet the goals of its customer and community engagement plans. Sponsorships allows SVP to promote itself as a community resource and service provider, to inform the public of the SVP programs that are available to customers, and to support educational opportunities related to energy efficiency, electrification, sustainability, and safety.

On June 4, 2019, the City Council approved a list of annual sponsorships and delegated authority to the City Manager to approve additional sponsorships of up to $10,000 per event that meet the criteria set forth in this report, and the formal process and application to be developed by SVP. As stated in the Council Report, the SVP Sponsorship Application process intended to include criteria and processes that are similar to the Community Grant Policy:
· Promote SVP programs and energy initiatives
· Provide a benefit to SVP customers
· Be open to the general public, and not discriminate against any protected characteristic under state or federal law

DISCUSSION
Attachment 1 includes the updated list of sponsorships and sponsorships amounts. As expected, some of the amounts have increased from the 2019 levels. Staff would specifically like to highlight the increase from $50,000 to $65,000 for City sponsored Parks and Recreation events. The Parks and Recreation Department is currently proposing to fund the following events from these funds:

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23-1167 Agenda Date: 10/10/2023
• Sunset Cinema Series
• Concerts in the Park
• Fourth of July All-City Picnic
• 41st Annual Art & Wine Festival
• Children’s Halloween Party
• Holiday Tree Lighting
Staff will continue to review City events, and the funds could shift to other activities in the future.

Attachment 2 is the Silicon Valley Power Sponsorship Application. Staff typically receives 10-15 requests a year, and this total number includes the annual requests from organizations already on the list approved by Council.

ENVIRONMENTAL REVIEW
The proposed actions do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations as the proposed actions will allow for funding of community events and do not involve a commitment to a specific project which may result in a potentially significant impact on the environment.

FISCAL IMPACT
Funding is budgeted under the Advertising and Community Promotion account in the Administrative Service program, in the Publics Benefits program, and the Key Accounts program in the Electric Utility Fund. The FY 2023/24 Adopted Operating Budget includes $356,100 budgeted in the above programs.

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

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

RECOMMENDATION

1. Approve Silicon Valley Power’s annual sponsorship support of the events and activities listed in Attachment 1; and

2. Authorize the City Manager to approve additional sponsorships of up to $10,000 per event through the execution of the Silicon Valley Power Sponsorship Application in substantially the form set forth in Attachment 2.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Silicon Valley Power’s Updated Sponsorship List of Annual Events and Activities City of Santa Clara Page 2 of 3 Printed on 10/5/2023
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23-1167 Agenda Date: 10/10/2023

2. Silicon Valley Power Sponsorship Application
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City of Santa Clara Events Level $$
City of Santa Clara Events - includes: 65,000$
Sunset Cinema Series $ 5,000
Concerts in the Park $ 10,000
Fourth of July All-City Picnic $ 10,000
Annual Art & Wine Festival $ 25,000
Children’s Halloween Party $ 5,000
Holiday Tree Lighting $ 10,000
Misc. Department Events (pre-covid- historic 2019) 10,000$ Public Works Arbor Day $ 5,000
Library STEM/STEAM Community Event $ 5,000
Santa Clara Unified School District STEAM Event 5,000$
Silicon Valley Bike to Work/Wherever 3,000$
Firehouse Run 1,000$
HAAS Berkeley Intitute POWER Conference 15,000$
Joint Venture State of the Valley Conference 5,000$
Utility Energy Forum 3,000$
Consortium for Energy Efficiency (CEE) - Research projects 5,000$ Consortium for Energy Efficiency (CEE)- Integrated home Competition 2,000$
Silicon Valley Youth Climate Action Summit 5,000$
TOTAL 119,000$
Note: Most events are annual
Attachment 1
Silicon Valley Power's Updated Sponsorship List of Annual Events and Activities

SILICON VALLEY POWER

SPONSORSHIP

APPLICATION
1 | Page

TO BE COMPLETED BY APPLICANT
Name of Individual/Entity/Non-Profit Organization:

Address:

Tax ID #:

Contact Person Name and Title:

Contact Person E-mail:

Contact Person Phone: n/a
Are you a non-profit organization? Yes No
If yes, please attach proof of non-profit status to this application.

Please mark what type of event/activity you are requesting grant/sponsorship funding for:

Youth competition or performance Other Type of Eligible Event/Activity

EVENT/ACTIVITY FOR WHICH GRANT/SPONSORSHIPFUNDS ARE BEING SOUGHT Event/Activity Name:

Event/Activity Date:

Event/Activity Start Time:

Event/Activity End Time:

Event/Activity Description:

Event/Activity Venue:

Event/Activity Address:

Organization/Event/Activity Website:

Expected # of Attendees:

Attachment 2 1_S1L1CON
. VALLEY
POWER
(In' o, SAH1'A (t.AJIA
P~ The Centef of Wh.at'a Pou ible
□
□ □
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SILICON VALLEY POWER

SPONSORSHIP

APPLICATION
2 | Page

DESCRIPTION OF EVENT/ACTIVITY FOR WHICH SPONSORSHIP FUNDS ARE BEING SOUGHT Describe in detail what the funds will be used for and how it will benefit Silicon Valley Power customers.

Describe how your event or activity addresses energy efficiency, electrification, sustainability, reliability, safety or decarbonization.

Describe how Silicon Valley Power or SVP’s customer programs could be promoted at your event or activity.

Is your event or activity open to the public? Yes No
Is your event or activity political or religious in nature? Yes No Have you received grant funding from the City of Santa Clara in the past? If yes, please describe when, how much was received, and how the funds were used.

Amount of Grant Request:

By my signature below, I make the following representations and acknowledge agreement to the following terms and conditions:
• Upon approval of this application, as evidenced by the signature of the City Manager below, this application becomes a binding contract between the entity named above and the City of Santa Clara.
• I am the duly authorized representative of the entity named above and can bind the entity to the terms of this Agreement.
• If funds are provided by the City, the funds will be used for the purposes set forth above. • In no event shall the City’s financial responsibility exceed the approved amount, set forth below.
1_S1L1CON
. VALLEY
POWER
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□ □

SILICON VALLEY POWER

SPONSORSHIP

APPLICATION
3 | Page
• I bear full responsibility for any and all tax consequences of receiving grant funds including, but not limited to, issuance of a 1099 by the City.
• There is no agency, employment, joint venture or other such relationship created by virtue of award of the grant.
• Applicant shall defend and indemnify the City and its employees from and against any claim, injury, liability, loss, cost and/or expense or damage including all costs and reasonable attorney’s fees, arising from or alleged to arise from the activity or event. • If applicable, the applicant shall satisfy the City’s insurance requirements. • The representations made by applicant in this Application are material terms of the agreement. The City may cancel this agreement at any time upon discovery that any of the information set forth above is inaccurate or that these terms have been violated.

Applicant Signature: _________________________________ Date:

TO BE COMPLETED BY CITY STAFF
Silicon Valley Power Sponsorship Application Granted? Yes No If yes, list amount of grant:

If no, provide reason for denial:

If no, has notification been sent to applicant? Yes No
Is insurance required for applicant? Yes No
Additional requirements for applicant:

City Manager Signature: _________________________________ Date:
1_S1L1CON
. VALLEY
POWER
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□ □
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□ □
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-637 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Action on Amendments to Council Policy 035 (“Naming of Facilities”) as recommended by the Governance and Ethics Committee

BACKGROUND
At the March 13, 2023 Governance and Ethics Committee (Committee) meeting, the Committee approved the amendments brought forth for Council Policy 035 (“Naming of Facilities”). These recommendations to the policy were brought forward with input from the Task Force on Diversity, Equity, and Inclusion to bring greater diversity to the naming of buildings and facilities in the City of Santa Clara.

As background, at the March 13, 2023 meeting, the Committee approved the following amendments to Council Policy 035 to expand on current criteria and procedures which included:
a) Expanding the purpose of the policy to clearly state that naming actions maintain current and future alignment with the City’s Mission Statement and Code of Ethics and Values. b) Expanding the criteria for naming proposals to honor the important contributions and accomplishments of individuals from underrepresented communities, present an opportunity to foster a more welcoming, equitable, and inclusive environment, as well as to reflect and connect with the City’s diverse community.
c) Maintaining an inventory list of all Santa Clara facilities and buildings that have been named, including any available background of why the name was selected (“Named City Facilities List”).

In addition, at the September 11, 2023 Governance and Ethics Committee meeting, staff brought forward an additional amendment which further addresses naming rights of City facilities and buildings. The proposed amendment was approved by the Committee and includes the following:
d) Naming Rights Agreement: Agreements may provide a financial benefit to the City with sponsorships or naming rights agreements for City-owned facilities which aligns with the City’s mission and values.

The Governance and Ethics Committee approved the amendments (Attachment 1) to bring forward with the revised policy and a resolution to the full City Council for their consideration and approval.

DISCUSSION
As recommended by the Governance and Ethics Committee, staff has brought forth the amended Council Policy 035 (Attachment 2) and Resolution (Attachment 3) to the full City Council for their consideration and approval.

City of Santa Clara Page 1 of 2 Printed on 10/5/2023
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23-637 Agenda Date: 10/10/2023

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

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

COORDINATION
This report was coordinated by the City Manager’s and Mayor and Council offices.

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

RECOMMENDATION
Adopt a Resolution amending Council Policy 035 on Naming of Facilities.

Reviewed by: Maria Le, Assistant to the City Manager
Approved by: Jōvan D. Grogan, Chief Operating Officer, City Manager’s Office

ATTACHMENTS

1. Council Policy 035 Proposed Amendments (Redline)

2. Council Policy 035 Amended (Clean)

3. Resolution
City of Santa Clara Page 2 of 2 Printed on 10/5/2023
powered by Legistar™
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised //2023
Council Policy 035 Page 1 of 3
Reso. No. _________
PURPOSE To establish the criteria and procedures for the naming of City of Santa Clara (City) buildings and facilities. The policy’s overarching objectives are to establish and maintain a system to ensure that decisions on naming opportunities are made in an equitable and consistent manner and that the naming actions maintain current and future alignment with the City’s Mission Statement and Code of Ethics and Values.

POLICY The City Council shall name municipal buildings/facilities in recognition and consideration of the following:
• Individuals, living or deceased, who have made outstanding contributions to the City or Santa Clara community
• Individuals, living or deceased, who have made contributions of local, state, national or worldwide significance
• Honoring the important contributions and accomplishments of individuals from underrepresented communities
• Opportunities to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
• Geographic location, demographic information, or prominent environmental feature(s) of the area that the building/facility is located
• Naming Rights Agreement: Agreements may provide a financial benefit to the City with sponsorships or naming rights agreements for City-owned facilities which aligns with the City’s mission and values.

Naming proposals will require thorough research to ensure alignment with this policy and with the City’s Mission Statement and Code of Ethicsand Values.

The renaming of existing municipal buildings/facilities shall be discouraged and shall occur only under extraordinary circumstances, after thorough study. The process of renaming may be done only after undertaking thorough and comprehensive research and deliberation.

Individuals after whom buildings are named, and who later are found to violate the City’s Code of Ethics and Values or Mission Statement City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised //2023
Council Policy 035 Page 2 of 3
Reso. No. _________
may have their names removed from the buildings that bear their names.

Naming Proposals
PROCEDURE 1. Proposals for naming of municipal buildings or facilities shall be referred to the responsible Department.

2. Upon receipt of a naming or renaming proposal of a City building or facility, the Department Head will review if the proposed name is reflective of at least one of the following criteria:
a. An individual, living or deceased, who has made outstanding contributions to the City or Santa Clara community
b. An individual, living or deceased, who has made contributions of local, state, national, or worldwide significance
c. Honors the most important contributions and accomplishments of individuals from communities underrepresented in the Named City Facilities List.
d. Presents an opportunity to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
e. Geographic location and demographic information of the area that the building or facility is located
f. Prominent geographic or environmental feature(s) of the area that the building or facility is located
The City will maintain an inventory list of all Santa Clara facilities and buildings that have been named, including any available background of why the name was selected (“Named City Facilities List”). Any naming proposal will be reviewed against the Named City Facilities List to confirm that it is not duplicative of previously approved proposals.

If the naming or renaming proposal is reflective of at least one of the criteria, the Department Head will refer the proposal to the appropriate City Board, Commission, or Committee.

If the naming or renaming proposal is not reflective of at least one of City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised //2023
Council Policy 035 Page 3 of 3
Reso. No. _________
the criteria, the Department head will extend appreciation of input to the proposer and explain City’s policy regarding naming of facilities.

3. After the Department Head forwards the proposal, the City Board, Commission, or Committee, shall review all naming proposals at a publicly noticed meeting and make a recommendation to the, Governance and Ethics Committee which shall consist of three City Councilmembers appointed by vote of the Council, and the City Manager.

4. The Governance and Ethics Committee shall review all naming recommendations at a publicly noticed meeting, and make a recommendation to the City Council for final approval.

5. The City Council shall consider the naming recommendation(s) at a publicly noticed meeting, and will have final approval of all naming recommendations.

6. Upon Council approval, the approved naming recommendation shall be added to the Named City Facilities List with all associated information.

Renaming Proposals
The process for renaming existing municipal buildings/facilities will follow the same steps as outlined in this procedure. In addition, it will require the proposer to include any and all research supporting the claim that there has been a violation of the City’s Code of Ethics and Values or Mission Statement.

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised 10/12/2023
Council Policy 035 Page 1 of 3
Reso. No. _________
PURPOSE To establish the criteria and procedures for the naming of City of Santa Clara (City) buildings and facilities. The policy’s overarching objectives are to establish and maintain a system to ensure that decisions on naming opportunities are made in an equitable and consistent manner and that the naming actions maintain current and future alignment with the City’s Mission Statement and Code of Ethics and Values.

POLICY The City Council shall name municipal buildings/facilities in recognition and consideration of the following:
• Individuals, living or deceased, who have made outstanding contributions to the City or Santa Clara community
• Individuals, living or deceased, who have made contributions of local, state, national or worldwide significance
• Honoring the important contributions and accomplishments of individuals from underrepresented communities
• Opportunities to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
• Geographic location, demographic information, or prominent environmental feature(s) of the area that the building/facility is located
• Naming Rights Agreement: Agreements may provide a financial benefit to the City with sponsorships or naming rights agreements for City-owned facilities which aligns with the City’s mission and values.

Naming proposals will require thorough research to ensure alignment with this policy and with the City’s Mission Statement and Code of Ethicsand Values.

The renaming of existing municipal buildings/facilities shall be discouraged and shall occur only under extraordinary circumstances, after thorough study. The process of renaming may be done only after undertaking thorough and comprehensive research and deliberation.

Individuals after whom buildings are named, and who later are found to violate the City’s Code of Ethics and Values or Mission Statement City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised 10/12/2023
Council Policy 035 Page 2 of 3
Reso. No. _________
may have their names removed from the buildings that bear their names.

Naming Proposals
PROCEDURE 1. Proposals for naming of municipal buildings or facilities shall be referred to the responsible Department.

2. Upon receipt of a naming or renaming proposal of a City building or facility, the Department Head will review if the proposed name is reflective of at least one of the following criteria:
a. An individual, living or deceased, who has made outstanding contributions to the City or Santa Clara community
b. An individual, living or deceased, who has made contributions of local, state, national, or worldwide significance
c. Honors the most important contributions and accomplishments of individuals from communities underrepresented in the Named City Facilities List.
d. Presents an opportunity to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
e. Geographic location and demographic information of the area that the building or facility is located
f. Prominent geographic or environmental feature(s) of the area that the building or facility is located
The City will maintain an inventory list of all Santa Clara facilities and buildings that have been named, including any available background of why the name was selected (“Named City Facilities List”). Any naming proposal will be reviewed against the Named City Facilities List to confirm that it is not duplicative of previously approved proposals.

If the naming or renaming proposal is reflective of at least one of the criteria, the Department Head will refer the proposal to the appropriate City Board, Commission, or Committee.

If the naming or renaming proposal is not reflective of at least one of City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised 10/12/2023
Council Policy 035 Page 3 of 3
Reso. No. _________
the criteria, the Department head will extend appreciation of input to the proposer and explain City’s policy regarding naming of facilities.

3. After the Department Head forwards the proposal, the City Board, Commission, or Committee, shall review all naming proposals at a publicly noticed meeting and make a recommendation to the, Governance and Ethics Committee which shall consist of three City Councilmembers appointed by vote of the Council, and the City Manager.

4. The Governance and Ethics Committee shall review all naming recommendations at a publicly noticed meeting and make a recommendation to the City Council for final approval.

5. The City Council shall consider the naming recommendation(s) at a publicly noticed meeting and will have final approval of all naming recommendations.

6. Upon Council approval, the approved naming recommendation shall be added to the Named City Facilities List with all associated information.

Renaming Proposals
The process for renaming existing municipal buildings/facilities will follow the same steps as outlined in this procedure. In addition, it will require the proposer to include any and all research supporting the claim that there has been a violation of the City’s Code of Ethics and Values or Mission Statement.

City of
Santa Clara
The Center of What's Possible
Resolution/Amending Council Policy 035 Naming of Facilities Page 1 of 2 Rev: 07/11/23
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AMENDING COUNCIL POLICY 035 ENTITLED “NAMING OF
FACILITIES”
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the Naming of Facilities policy details the process for the naming of municipal buildings and facilities, and includes the procedure to ensure that it meets the policy requirements;
WHEREAS, the amended Naming of Facilities policy details the process for the naming of municipal buildings and facilities, and updates the procedure to expand on criteria and procedures;
WHEREAS, the amended policy expands the purpose of the policy to clearly state that naming actions maintain current and future alignment with the City’s Mission Statement and Code of Ethics and Values;
WHEREAS, the amended policy expands the criteria for naming proposals to honor the important contributions and accomplishments of individuals from underrepresented communities;
WHEREAS, the amended policy presents an opportunity to foster a more welcoming, equitable, and inclusive environment, as well as to reflect and connect with the City’s diverse community;
WHEREAS, the amended policy includes maintaining an inventory list of all Santa Clara facilities and buildings that have been named, including any available background of why the name was selected (“Named City Facilities List”); and
WHEREAS, amending the policy on naming of facilities and standardized Resolution/Amending Council Policy 035 Naming of Facilities Page 2 of 2 Rev: 07/11/23
procedure for naming City buildings and facilities, and would bring greater diversity to the naming criteria of buildings and facilities.

WHEREAS, amending the policy on naming of facilities and standardized procedure for naming City buildings and facilities, would bring greater diversity to the naming criteria of buildings and facilities.

WHEREAS, Naming Rights Agreement: Agreements may provide a financial benefit to the City with sponsorships or naming rights agreements for City-owned facilities which aligns with the City’s mission and values.

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

1. That Resolution No. 19-8752 adopting amended Council Policy 035 (“Naming of Facilities”), attached here as Attachment 1, is hereby repealed in its entirety.

2. That Council Policy 035 entitled "Naming of Facilities," attached here as Attachment 2, is hereby approved and adopted.
//
//

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

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

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

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK
Resolution/Amending Council Policy 035 Naming of Facilities Page 3 of 2 Rev: 07/11/23

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Resolution No. 198752

2. Council Policy 035 entitled “Naming of Facilities”
RESOLUTION NO. 19-8752

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
AMENDING COUNCIL POLICY 035 ENTITLED "NAMING OF
FACILITIES"
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, amending the policy on naming of facilities will establish one standardized procedure for naming City buildings and facilities, and will clarify the naming criteria; WHEREAS, the amended Naming of Facilities policy details the process for the naming of municipal buildings and facilities, and updates the procedure to ensure that it meets the policy requirements; and
WHEREAS, the amended Naming of Facilities policy, attached hereto as Attachment 1, provides guidance for the naming of municipal buildings and facilities, establishes a clear and consistent process for evaluating naming criteria, as well as streamlines the procedure for naming facilities.

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

1. That the current Council Policy 035 entitled "Naming of Facilities" is hereby rescinded in its entirety.

2. That Council Policy 035 entitled "Naming of Facilities," attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

II
II
II
II
II
II
Resolution/Amendment of Naming of Facilities Policy
Rev: 6/10/19

Page 1 of 2 ends

/

3. Effective date. This resolution shall become effective immediately

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 4TH DAY OF SEPTEMBER, 2019, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Chahal, Davis, Mahan, O'Neill, and
Watanabe and Mayor Gillmor
None
Hardy
None
ATTEST:
~ ~
NORAPIMENTE[ MM

ASSISTANT CITY CLERK CITY OF

SANTA CLARA
Attachments incorporated by reference:

1. Council Policy 035 entitled "Naming of Facilities"
Resolution/Amendment of Naming of Facilities Policy
Rev: 6/10/19

Page 2 of 2 ends

, City of
Santa Clara
City of Santa Clara
Council Policy Manual
The Center of What's Possible

PURPOSE
POLICY

PROCEDURE
Revised 9/4/2019
Resolution No. 19-8752

NAMING OF FACILITIES
To establish the criteria and procedures for the naming of City of Santa Clara buildings and facilities.

The City Council shall name municipal buildings/facilities in recognition of the following:
• Individuals, living or deceased, who have made outstanding contributions to the City of Santa Clara or Santa Clara community • Individuals, living or deceased, who have made contributions of local, state, national, or worldwide significance
• Geographic location, prominent environmental feature(s), or historical significance, of the area that the building/facility is located For the purpose of this Policy, the term "facility" shall mean property, other than streets, owned by the City of Santa Clara, portions thereof, and amenities or appurtenances thereto. Examples of a "facility" include: a City park, a meeting room within a City building, a trail, or a park bench.

The renaming of existing municipal buildings/facilities shall be discouraged and shall occur only under extraordinary circumstances, after thorough study. A proposal for the renaming of an existing building or facility shall be subject to the same procedure as set forth below for the original naming of the building or facility.

1. Proposals for naming of municipal buildings or facilities shall be referred to the responsible Department Head for the facility, detailing consistency with the policy criteria for naming of facilities.

2. Upon receipt of a naming or renaming proposal of a City building or facility, the Department Head will review if the proposed name is in accordance with at least one of the criteria as outlined in this policy:
a. An individual, living or deceased, who has made outstanding contributions to the City of Santa Clara or Santa Clara community
b. An individual, living or deceased, who has made contributions of local, state, national, or worldwide significance
c. Geographic location, prominent environmental feature(s), or historical significance, of the area that the building/facility is located
Council Policy 035 Page 1 of 2
City of
Santa Clara
City of Santa Clara
Council Policy Manual
Th e Center of What's Possible
Revised 9/4/2019
Resolution No. 19-8752

NAMING OF FACILITIES
If the naming or renaming proposal is reflective of at least one of the criteria, the Department Head will refer the proposal to the City Board, Commission, or Committee responsible for acting in an advisory capacity to the City Council for the building or facility at issue (e.g., a naming proposal for a park facility shall be referred by the Director of Parks and Recreation to the Parks and Recreation Commission).

If the naming or renaming proposal is not reflective of at least one of the criteria, after conferring with the City Manager's Office, the Department Head will express appreciation regarding the naming proposal to the proposer and explain the City's policy and the City's decision to decline the proposal.

3. After the Department Head forwards the proposal, the City Board, Commission, or Committee, shall review all naming proposals at a publicly noticed meeting and make a recommendation to the Governance and Ethics Committee.

4. The Governance and Ethics Committee shall review all naming recommendations at a publicly noticed meeting and deny the recommendation or make a recommendation to the City Council for final approval.

5. The City Council shall consider the naming recommendation at a publicly noticed meeting and will have final approval of all naming recommendations.

In the event the City Council denies a naming proposal, the City Manager's Office will express appreciation regarding the naming proposal to the proposer and explain the City's policy, and the City's decision to decline the proposal.

6. The City Council shall have the sole discretion to decide the naming of a facility.

Council Policy 035 Page 2 of 2
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised 10/12/2023
Council Policy 035 Page 1 of 3
Reso. No. _________
PURPOSE To establish the criteria and procedures for the naming of City of Santa Clara (City) buildings and facilities. The policy’s overarching objectives are to establish and maintain a system to ensure that decisions on naming opportunities are made in an equitable and consistent manner and that the naming actions maintain current and future alignment with the City’s Mission Statement and Code of Ethics and Values.

POLICY The City Council shall name municipal buildings/facilities in recognition and consideration of the following:
• Individuals, living or deceased, who have made outstanding contributions to the City or Santa Clara community
• Individuals, living or deceased, who have made contributions of local, state, national or worldwide significance
• Honoring the important contributions and accomplishments of individuals from underrepresented communities
• Opportunities to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
• Geographic location, demographic information, or prominent environmental feature(s) of the area that the building/facility is located
• Naming Rights Agreement: Agreements may provide a financial benefit to the City with sponsorships or naming rights agreements for City-owned facilities which aligns with the City’s mission and values.

Naming proposals will require thorough research to ensure alignment with this policy and with the City’s Mission Statement and Code of Ethicsand Values.

The renaming of existing municipal buildings/facilities shall be discouraged and shall occur only under extraordinary circumstances, after thorough study. The process of renaming may be done only after undertaking thorough and comprehensive research and deliberation.

Individuals after whom buildings are named, and who later are found to violate the City’s Code of Ethics and Values or Mission Statement City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised 10/12/2023
Council Policy 035 Page 2 of 3
Reso. No. _________
may have their names removed from the buildings that bear their names.

Naming Proposals
PROCEDURE 1. Proposals for naming of municipal buildings or facilities shall be referred to the responsible Department.

2. Upon receipt of a naming or renaming proposal of a City building or facility, the Department Head will review if the proposed name is reflective of at least one of the following criteria:
a. An individual, living or deceased, who has made outstanding contributions to the City or Santa Clara community
b. An individual, living or deceased, who has made contributions of local, state, national, or worldwide significance
c. Honors the most important contributions and accomplishments of individuals from communities underrepresented in the Named City Facilities List.
d. Presents an opportunity to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
e. Geographic location and demographic information of the area that the building or facility is located
f. Prominent geographic or environmental feature(s) of the area that the building or facility is located
The City will maintain an inventory list of all Santa Clara facilities and buildings that have been named, including any available background of why the name was selected (“Named City Facilities List”). Any naming proposal will be reviewed against the Named City Facilities List to confirm that it is not duplicative of previously approved proposals.

If the naming or renaming proposal is reflective of at least one of the criteria, the Department Head will refer the proposal to the appropriate City Board, Commission, or Committee.

If the naming or renaming proposal is not reflective of at least one of City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual

NAMING OF FACILITIES
Revised 10/12/2023
Council Policy 035 Page 3 of 3
Reso. No. _________
the criteria, the Department head will extend appreciation of input to the proposer and explain City’s policy regarding naming of facilities.

3. After the Department Head forwards the proposal, the City Board, Commission, or Committee, shall review all naming proposals at a publicly noticed meeting and make a recommendation to the, Governance and Ethics Committee which shall consist of three City Councilmembers appointed by vote of the Council, and the City Manager.

4. The Governance and Ethics Committee shall review all naming recommendations at a publicly noticed meeting and make a recommendation to the City Council for final approval.

5. The City Council shall consider the naming recommendation(s) at a publicly noticed meeting and will have final approval of all naming recommendations.

6. Upon Council approval, the approved naming recommendation shall be added to the Named City Facilities List with all associated information.

Renaming Proposals
The process for renaming existing municipal buildings/facilities will follow the same steps as outlined in this procedure. In addition, it will require the proposer to include any and all research supporting the claim that there has been a violation of the City’s Code of Ethics and Values or Mission Statement.

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
23-752 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Note and file the 2023 Report on Flood Insurance Coverage Assessment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
As part of the City’s on-going effort to complete flood damage reduction activities for the FEMA Community Rating System (CRS), annual reports from different sections within the program are submitted to the City Council to retain the City’s current rating, which provides reduction in flood insurance premiums. A report was sent to City Council on August 22, 2023 (RTC 23-835), to note and file the Program for Public Information (submitted annually). The City has been rated CRS Class 7 since 2018. The City’s Class 7 rating provides a 15 percent reduction in flood insurance premiums for properties in Special Flood Hazard Areas (SFHA) and a 5 percent reduction in flood insurance premiums for properties outside the SFHA.

Every five years a FEMA representative visits the City to verify flood mitigation activities have been implemented and to determine the City’s new CRS Class based on the latest CRS requirements. The next verification visit is scheduled for November 8, 2023. Recent CRS changes encourage communities to assess their current level of flood insurance coverage, identify where coverage needs improvement, and requires staff to inform the City Council. In order to obtain activity credit, a flood insurance coverage assessment is required every 5 years to analyze the city’s flood insurance readiness for the governing body. By completing the flood insurance coverage assessment prior to the November 8, 2023 verification visit, the City will earn credit towards maintaining the current rating. Subsequent to the verification visit, FEMA will issue a letter indicating what final CRS Class rating the City of Santa Clara will attain.

DISCUSSION
City staff has reviewed flood insurance coverage within the City using the most recent flood insurance policy data provided by FEMA and based on the procedures specified in the CRS manual.

The City currently has approximately 1,017 buildings within the SFHA as calculated by staff and there are 684 flood insurance policies in force within the SFHA per FEMA. Based on this information, approximately 67 percent of the buildings located in the SFHA are covered by flood insurance policies. Federal law only requires flood insurance if a property has a federally insured mortgage and is in a SFHA shown on FEMA’s flood Insurance Rate Maps (FIRM). While the CRS has no minimum flood insurance coverage requirement for jurisdictions, a higher flood insurance coverage percentage would indicate that SFHA properties within the City are better protected from potential financial impacts of flood events.

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23-752 Agenda Date: 10/10/2023
The most vulnerable properties in the City are the ones in the SFHA, and one third of these properties do not have flood insurance coverage. Some properties outside of the SFHA but within other flood zones have policies per the flood insurance policy data provided by FEMA. Flood insurance coverage of properties in the City by building occupancy and by flood zones can be found in the attached Table 1 and Table 2 (Attachment 1).

Since joining the National Flood Insurance Program (NFIP) in 1980, the NFIP has paid 31 flood losses in the City, which includes 23 losses within the SFHA and 8 losses in other flood zones.

Through the CRS program, staff performs a variety of tasks to help raise awareness about flood protection and insurance with Santa Clara residents. During the annual Art & Wine Festival, the Department of Public Works has an informational booth to present flood information details specific to the City, answer flood related questions that visitors may have and also distributes “Are you Flood Ready?” emergency starter kits provided by Santa Clara Valley Water District. City staff also prepares a flood protection and flood insurance promotion article for the Inside Santa Clara newsletter, provides flood insurance brochures to the Santa Clara County Realtor Convention for attendees, and sets out various flood protection and insurance materials at the City Hall Permit Center and the library.

This flood insurance coverage assessment is required to be performed every five years. After the assessment in November of this year, the next assessment is planned for 2028. Updated flood insurance data will be requested from FEMA and used to revise this document including the process followed, summary of data, along with any conclusions and recommendations.

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

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

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

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

RECOMMENDATION
Note and file the Report on Flood Insurance Coverage Assessment.

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23-752 Agenda Date: 10/10/2023
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Table 1 and Table 2
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City of Santa Clara
Table 1 and Table 2
23-752 Council Date: October 10, 2023

REPORT TO COUNCIL

SUBJECT
Informational report on Flood Insurance Coverage Assessment Table 1 – Insurance Policies Data by Building Occupancy Occupancy
Number of
Policies in
Force
Total
Insurance
Premium
Total
Insurance in
Force
Average
Coverage
Per Policy
Single Family 300 $222,427 $82,136,000 $273,787
2-4 unit Multi-family 97 $46,140 $24,096,000 $248,412
All Other Residential 198 $128,304 $55,672,000 $281,172 Non-Residential 89 $226,006 $51,304,000 $576,449
Total 684 $662,877 $213,208,000 $311,707*
Table 2 – Insurance Policies Data by Flood Zone
Flood Zones
Number of
Policies in
Force
Total
Insurance
Premium
Total
Insurance in
Force
Average
Coverage
Per Policy
A01-30 & AE Zones 1 $5,075 $500,000 $500,000
AO Zones 206 $239,278 $59,335,000 $288,034
AH Zones 119 $156,222 $40,152,000 $337,412
Subtotal in SFHA 326
B, C, D & X Zones
Standard 112 $141,692 $43,770,000 $390,803
Subtotal in other flood
zones
112
Total 438 $542,267 $143,757,000 $328,212*
*Overall average coverage per policy in the City.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1269 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Informational Presentation by the Cities Association of Santa Clara County on a Proposed Joint Powers Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The Cities Association of Santa Clara County (CASCAC) is an association of the 15 cities of the Santa Clara County. Representatives from the 15 cities meet monthly and collaborate on issues that affect the region. Councilmember Watanabe is the Council’s representative on the CASCC Board of Directors and Legislative Action Committee. Additionally, Mayor Gillmor is the Council’s representative on the CASCC City Selection Committee.

The following information was provided by the CASCC:

Over thirty years ago, the cities and towns in Santa Clara County (“Member Agencies”) established the CASCC to improve cooperation on issues of common interest. The CASCC was intended to consolidate and maintain the functions and purposes of the Inter-City Council, the Santa Clara County Mayor’s Conference, and the City Selection Committee for Santa Clara County. In 1990, the cities and towns entered into an agreement to provide some structure and outline the purpose and function of the CASCC. In 2010, the CASCC adopted its bylaws. Currently, the CASCC is an unincorporated association.

As early as 2017, the CASCC began reviewing and considering the appropriate organizational structure for the CASCC. In August 2020, the CASCC’s Board of Directors unanimously voted to take the steps necessary to form a joint powers authority because it would provide a more formal and recognized structure for CASCC and clarity regarding tax status, governmental immunities, and potential liability of the Members. To form a joint powers authority, a Joint Powers Agreement (JPA) must be approved by the CASCC Board of Directors and then executed by each Member Agency that wishes to join the joint powers authority, which would be called the Cities Association of Santa Clara County Joint Powers Agency.

The CASCC conducted outreach and solicited input on the proposed draft JPA over the past two years. The CASCC circulated a draft JPA to all City and Town Attorneys in the County for their review and input and incorporated significant changes into the agreement. The Acting Executive Director and the General Counsel at the time attended two virtual meetings with most of the Town or City Attorneys or Assistant City Attorneys on September 14 and September 28, 2022. The entire JPA was reviewed each time. A separate and additional meeting was held by the Santa Clara City Attorneys City of Santa Clara Page 1 of 3 Printed on 10/5/2023
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23-1269 Agenda Date: 10/10/2023
Roundtable on September 16, 2022, where the JPA was again reviewed.

CASCC representatives presented a draft JPA at the Santa Clara County City Managers Association (“SCCCMA”) meeting on October 12, 2022. Following that meeting, the City Managers submitted a list of 17 questions regarding the JPA to CASCC representatives. Due to changes in CASCC over the last year, including a new General Counsel and the rotation of new City Council Board representatives, the answers to those questions were not completed until August 2023. These responses were circulated to the SCCCMA members. On August 9, 2023, CASCC representatives again met with the SCCCMA to discuss the responses to the October 12, 2022, questions, and answers document, review the proposed JPA, and receive additional input. At the August 9, 2023, meeting, the CASCC representatives responded to the concerns raised by the City Managers and further edits were made to the draft JPA.

On September 14, 2023, the CASCC Board received the updated draft JPA that included edits that responded to comments of the City/Town Attorneys and City Managers. At the meeting, the CASCC Board heard the concerns raised by Board members and City Managers who attended the meeting, and it was confirmed that those concerns would be addressed in the JPA. The CASCC Board directed some additional changes be made to the draft JPA to clarify that the Agency would not hire employees and to provide some language permitting but not requiring the CASCC Board to appoint a working committee to review new initiatives and provide input. With these changes, the CASCC Board unanimously approved transmittal of the draft JPA to the City Councils for each of the proposed Member Agencies for their consideration.

DISCUSSION
A CASCC representative will be available at the meeting to present on the JPA and to respond to questions.

A copy of the proposed Joint Powers Agreement and CASCC responses to City Managers’ Questions are attached to this report.

Should the Council decide to take future action on the JPA, staff can bring back the item for Council action at the October 24, 2023 meeting.

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

FISCAL IMPACT
There is no fiscal impact associated with this item.

COORDINATION
This item was coordinated with the City Attorney’s Office and the CASCC.

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 City of Santa Clara Page 2 of 3 Printed on 10/5/2023
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23-1269 Agenda Date: 10/10/2023
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
Receive the Cities Association of Santa Clara County’s presentation; and discuss and provide feedback on the proposed Joint Powers Agreement to establish the Cities Association of Santa Clara County Joint Powers Agency.

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

ATTACHMENTS

1. Proposed CASCC Joint Powers Agreement - Redlined Version

2. CASCC Responses to City Managers’ Questions
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September 20, 2023, Draft
1 JOINT POWERS AGENCY AGREEMENT DRAFT FOR CITIES ASSOCIATION OF SANTA

CLARA COUNTY
This Joint Powers Agreement (“Agreement” or “JPA”) for the Cities Association of Santa Clara County is entered into by and among the cities (“Members”), which are organized and existing under the Constitution and laws of the State of California in which public agencies are located in the County of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).

RECITALS
WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers common to the Members; and
WHEREAS, the public agency Members executing this JPA are cities or towns within the jurisdiction of the County of Santa Clara (“County”); and WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated association since 1990 and desires to formalize the relationship between its City and Town members and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and WHEREAS, the Members executing this Agreement, desire to join together to create a separate Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for positive action; enhancing the quality of life for the residents of the County and their individual cities; and encouraging other joint and cooperative endeavors among the public agencies for their mutual benefit.

NOW, THEREFORE, the Parties agree to the following:

AGREEMENT
ARTICLE 1 - DEFINITIONS

1.1 “Associate Member” shall mean any non-city local agency, located within jurisdictional authority of the County of Santa Clara, and shall have duly executed and delivered to the Agency an Associate Membership Agreement in the form of and as further provided in the Bylaws of the Agency, as further provided in Article 32 herein.

1.2 “Agency” shall mean the Cities Association of Santa Clara County Joint Powers Agency created by this Agreement.

1.3 “Board of Directors” or “Board” shall mean the governing body of the Agency.

1.4 “Executive Committee” shall mean the Executive Committee of the Board of Directors of the Agency.

September 20, 2023, Draft
2 1.5 “Fiscal Year” shall mean that period of twelve (12) months which is established by the Board of Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of each year.

1.6 “Government Code” shall mean the California Government Code, as amended.

1.7 “Joint Powers Law” shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended.

1.8 “Legislative Body” shall mean the legislative board of each Public Agency that is a Member of the Agency.

1.9 “Member” shall mean any city which has executed this Agreement and has become a member of the Agency. The complete list of Members is set forth in Exhibit “A” attached hereto and incorporated herein by this reference.

1.10 “Parties” shall mean Members or Associate Members who are party to this Agreement.

1.11 “Public Agency” shall mean public agency as defined in Government Code Section 6500, as amended.

1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neutral gender shall be construed to include each other gender, when appropriate, and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be construed to effectuate the purposes set forth and to sustain the validity of those purposes.

ARTICLE 2 - CREATION AND PURPOSES

2.1 This Agreement is entered into by the Members in order to:

2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members;

2.1.2 Focus on local and regional matters that are important to our future;

2.1.3 Develop a common agenda for Santa Clara County cities;

2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;

2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;

2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
September 20, 2023, Draft
3 2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;

2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;

2.1.9 Strengthen the Members’ and Agency’s standing at the regional, State and Federal level;

2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;

2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;

2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and

2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.

ARTICLE 3 - PARTIES TO AGREEMENT
Each Member, as a Party to this Agreement, intends to and does contract with all other Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement, pursuant to Article 20, shall not affect this Agreement or the remaining Members’ obligations.

ARTICLE 4 – FORMATION; TERM
This Agreement shall become effective when fully executed and returned to the Agency by at least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency shall promptly notify all Members in writing of the effective date. After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar joint powers authority, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members.

ARTICLE 5 - CREATION OF THE AGENCY
Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart from the Parties hereto, to be known as the “Cities Association of Santa Clara County Joint Powers September 20, 2023, Draft
4 Agency” with powers as are set forth herein. Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.

ARTICLE 6 - POWERS OF THE AGENCY

6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency’s own name:

6.1.1 To make and enter into contracts;

6.1.2 To incur debts, liabilities, and obligations and to encumber personal property;

6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities;

6.1.4 To sue and be sued in its own name, and to settle any claim against it;

6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment;

6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended;

6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein;

6.1.8 To retain the services of agents, contractors, and consultants;

6.1.9 To receive, collect, and disburse monies;

6.1.10 To conduct studies, tests, evaluations, and similar activities;

6.1.11 To contract for services from Members, including in-kind services;

6.1.12 To conduct public outreach and education;

6.1.13 To participate in pilot and demonstration projects;

6.1.14 To charge for services, programs, and/or systems;

6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and September 20, 2023, Draft
5 6.1.16 In addition to the other powers provided herein, the Agency shall have any powers authorized by law to each of the Parties and separately to the Agency created herein relating to economic development, including, without limitation, the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of the Parties; and

6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency.

ARTICLE 7 - RESTRICTIONS ON POWERS

7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the exercise of its power in the same manner as another Member agreed to by the majority of the Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or this Agreement, subject itself to the internal policies or ordinances of any Member.

7.2 The Agency shall not have the power of eminent domain.

7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may receive the proceeds of taxes imposed by other entities or public funds from other entities.

7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property.

7.5 The Agency shall not have the power to hire employees.

7.6 The Agency shall not have the power to issue debt.

ARTICLE 8 - BOARD OF DIRECTORS

8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one Director representing each Member. Each Member’s Legislative Body, according to its own procedures, shall appoint a Member of the Legislative Body as a Director to represent the Member on the Board of Directors. The Director shall serve at the pleasure of their respective Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director (“Alternate”) who shall participate in and vote at any meeting of the Board when the primary Director is absent. Any vacancy in a Director or Alternate position shall be filled by the appointing Member’s Legislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member, the new Member shall be entitled and required to appoint a September 20, 2023, Draft
6 Director and one alternate Director. Every Director or Alternate shall be a Council Member or Mayor of their individual Member city.

8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Agency receives written notice from the appointing Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4) the Agency receives written notice from the Member that the Director or Alternate is no longer qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21.

8.3 The Board of Directors shall have the following powers and functions:

8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation to other bodies or persons;

8.3.2 The Board shall elect an Executive Committee, as provided in Article 11;

8.3.3 The Board shall be the policy setting body of the Agency;

8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or independent contractors in accordance with Article 14;

8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. Adoption of the budget may not be delegated. The Board shall adopt their budget no later than the first April 30th following formation and then subsequently by April 30th of each successive year. The Board shall review, set, and adopt annual dues to be funded by Agency Members;

8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of the Agency, as required under Article 16 of this Agreement;

8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other matters necessary or convenient for the efficient operation of the Agency;

8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and

8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Agency.

ARTICLE 9 – MEETINGS OF THE BOARD OF DIRECTORS

9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting.

The Board or Executive Director, in consultation with the President of the Board as provided in Article 10 below, may call special meetings.

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7 9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.

9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the Secretary/Treasurer or designee shall forward to each Board Member, a copy of the minutes of the meeting.

9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of business. Unless otherwise required by law, a vote of the majority of a quorum of the members present at a meeting is sufficient to take any action, unless otherwise specified in this Agreement. However, less than a quorum may adjourn the meeting to a future date.

9.5 Each Member of the Board shall have one vote.

ARTICLE 10 - OFFICERS
The Board shall elect as Officers of the Agency President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the November Board of Directors meeting, or the first meeting held on or after November 1 of each year.

Of the Officers, the President, and at least two other Officers, must also be members of the Board of Directors. The remaining Officers may be the elected or appointed Mayor or Council Member of any Member of the Agency regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of his or her office upon election. If the President ceases to be a Member of the Board, the resulting vacancy shall be filled at the next meeting of the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy. The President shall preside at and conduct all meetings of the Board. Should the Board President not be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If that individual is unavailable, then any Director appointed by the President may preside. The Board may appoint other officers as it considers necessary. The duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Secretary/Treasurer, as provided in the Joint Powers Law.

ARTICLE 11 - EXECUTIVE COMMITTEE
At such time as there are nine Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11 Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large September 20, 2023, Draft
8 may be appointed by the Board to serve on the Executive Committee. The qualifications of the Member at Large are that they must be an elected or appointed Mayor or Council Member of a Member of the Agency but need not be on the Board of Directors. The terms of office of the Members of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the Agency between meetings of the Board, exercising all those powers as provided for in this Article, or as otherwise delegated to it by the Board.

The Executive Committee, subject to approval by the Board of Directors, shall exercise all powers or duties of the Board relating to the entering, approval and execution of agreements, leases, and other instruments of or relating to the finances of the Joint Powers Agency within the previously approved annual budget or amended budget. The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall obtain approval from the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.

ARTICLE 12 - COMMITTEES
The Board may establish committees, as it deems appropriate to conduct the business of the Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by the President. Each committee shall have those duties as determined by whichever Agency body created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson and shall report to and be directed by whichever entity created it. No more than one representative from each jurisdiction shall serve on each committee. Membership of any committee may consist in whole or in part of persons who are not members of the Board; provided that the Board may delegate decision-making powers and duties only to a committee, a majority of the members of which are Board Members. Any committee, except the City Selection Committee, in which a majority of the members are not Board Members may function only in an advisory capacity. The Legislative Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice President and whose members shall be appointed by the Agency Members. Should there be no Second Vice President, the Legislative Action Committee shall be chaired by the First Vice President. All standing committees shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended.

ARTICLE 13 – CITY SELECTION COMMITTEE
The City Selection Committee is established pursuant to State law and the Agency shall administer the City Selection Committee as follows: The City Selection Committee shall be a permanent committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government September 20, 2023, Draft
9 Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City Selection Committee, whether or not they are members of the Agency.

ARTICLE 14 – PROFESSIONAL SERVICES

14.1 The Board of Directors may contract with individuals or companies to provide the following services at the pleasure of the Board of Directors:

14.1.1 Executive Director. The Board shall contract with a consultant or independent contractor to fulfill the following duties of an Executive Director: manage the affairs of the Agency, subject to the general supervision and policy direction of the Board and the Executive Committee; oversee the day-to-day activities of the Agency; select and manage the activities of all consultants and independent contractors to the Agency; be responsible for required filings by the Agency with the State of California; prepare or delegate the preparation of all meeting notices, minutes, and required documentation of the Agency; prepare and propose an annual budget; prepare reports and recommendations for consideration by the Executive Committee or Board; be responsible for billing and collection of annual dues; maintain the records of the Agency; assist Local Agencies in the preparation and filing of applications for participation in the financing programs of the Agency; expedite the processing of these applications; pay all invoices, taxes and amounts due; and perform other duties as are assigned by the Board and Executive Committee. The Executive Director may have the authority to sign agreements, applications, and other documents on behalf the Agency, if authorized by the Board or Executive Committee. The Executive Director shall have the Authority to enter into individual Agreements with a single vendor over the course of a fiscal year, on behalf of the Agency, up to the amount set by the Bylaws.

14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take direction from the majority of the Board of Directors. The General Counsel shall be a member in good standing of the California State Bar. The General Counsel shall be responsible for the legal affairs of the Agency;

14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual financial audits of the Agency;

14.1.4 Other services. The Executive Director may hire additional consultants and independent contractors, as appropriate, based upon a previously approved budget;

14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any agent, consultant or independent contractor of the Agency become a member of PERS or be entitled to a pension or retirement from PERS as a result of service to the Agency; and

14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director, the Auditor, the General Counsel and any other consultants or independent contractors September 20, 2023, Draft
10 who provide services to the Agency shall be compensated in such manner as shall be approved by the Board and as permitted by applicable law.

ARTICLE 15 - SIGNIFICANT PROGRAMS
If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may appoint a working committee to study the significant program or activity and provide input to the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into a specific program or project Agreement that includes relevant terms regarding the particular affected Members, and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These limited scope Agreements shall be subject to approval by the Board by a two-thirds vote of the Members.

ARTICLE 16 - ACCOUNTS AND RECORDS

16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this Agreement.

16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Agency shall be open to and made available for inspection at all reasonable times upon request by authorized representatives of the Members.

16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts and disbursements as set forth in the Joint Powers Law.

16.4 Auditor’s Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal Year to the Board.

16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and be provided to each of the Members, and with the County Auditor of the County of Santa Clara.

Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for this purpose.

September 20, 2023, Draft
11 ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY

17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the Agency’s funds. Proceeds of similar obligations of the Agency may be deposited with a trustee, agent or other depositary and shall not be considered the Agency’s funds for purposes of this Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of Section 17.2 below.

17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial statements and the annual audit of the Agency.

17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the Secretary/Treasurer, and other persons as the Board may designate, shall have charge of, handle, and have access to the property of the Agency. The Agency shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of Directors, covering any officers or agents of the Agency who are authorized to hold or disburse funds of the Agency and any officers or agents who are authorized to have charge of, handle and have access to property of the Agency.

ARTICLE 18 - MEMBER RESPONSIBILITIES

18.1 Each Member shall have the following responsibilities:

18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the Board, as set forth in Article 8;

18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29;

18.1.3 To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement; and

18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status as a Member, or if a Member fails to be represented at four (4) or more consecutive regular meetings of the Board of Directors, then that Member may be deemed to be a suspended Member, with all the rights and duties of an Associate Member, upon action of the Board of Directors duly adopted. Prior to the suspension, the President shall contact the Mayor and request that another Council Member be appointed or that reinstatement for the current Member be requested. The suspension shall be approved by the Board of Directors. Promptly following that action by the Board of Directors, the Member may be reinstated by informing the Board of its intent to be reinstated within thirty (30) days and to attend all future meetings either via the Director or Alternate.

Removal of a Member for failure of the Director to attend meetings shall not relieve the September 20, 2023, Draft
12 Member from its obligations under any outstanding agreements relating to the Agency’s financial obligations, except in accordance with this Agreement.

ARTICLE 19 - NEW MEMBERS
With the approval of the Board, any city located within the County of Santa Clara may become a party as a Member to this Agreement. A city requesting membership shall apply by presenting to the Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The date that the applying city will become a Member will be determined by the Board. The Agency shall accept new Members upon a majority affirmative vote of the entire Board and upon payment of any Board determined assessments and fees.

ARTICLE 20 - WITHDRAWAL
A Member may terminate its membership in the Agency at any time upon giving one hundred and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at the time of the notice of withdrawal.

ARTICLE 21 - REMOVAL
If the Board of Directors determines that reasonable cause exists to remove a Director from the Board, it can remove the Director and request that the Member who appointed the Director appoint a new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member based on a Member's breach of any material term of this Agreement, and the failure to cure that breach within sixty (60) days written notice. A terminated Member shall remain liable for any obligation under this Agreement as described above. Failure to pay dues within 60 days following notice shall result in a Member becoming suspended with all the rights of an Associate Member. A suspended Member shall immediately have its voting rights restored upon full payment of dues.

September 20, 2023, Draft
13 ARTICLE 22 - OBLIGATIONS OF AGENCY
The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. Any Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to limit the applicability of the provisions of Government Code Section 895.6.

ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS
This Agreement may be terminated at any time that no financial obligations of the Agency are outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this Agreement, be distributed among the parties to this Agreement, in accordance with the respective contributions of each of the Parties.

ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS

24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be individually liable for any mistake of judgment, or any other action made, taken, or omitted by them in good faith, nor for any act or omission by any agent, consultant or independent contractor selected with reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by them in good faith and with reasonable care through investment of Agency funds, or failure to invest.

24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any other Director, Officer, or Committee Member. Unless otherwise required by law, no Director, Officer, or Committee Member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement.

24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for any Director, Officer, or Committee Member, for their actions taken within the scope of the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for these types of losses.

24.4 These indemnification and defense obligations shall survive the termination of the Agreement as to any acts or omissions occurring before such termination.

ARTICLE 25 - INDEMNIFICATION
To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the September 20, 2023, Draft
14 performance of any of the activities of the Agency or the activities undertaken pursuant to this Agreement.

ARTICLE 26 - BYLAWS
The Board shall adopt Bylaws consistent with this Agreement which shall provide for the administration and management of the Agency. The provisions of the Bylaws, as modified from time to time, shall establish the operating procedures and standards for the Agency.

ARTICLE 27 - NOTICES
The Agency shall address notices, billings, and other communications to a Member as directed by that Member. Each Member shall provide the Agency with the email and physical address to which communications are to be sent. Members shall address notices and other communications to the Agency, at the office address of the Agency, or the email address of the Agency as directed by the Member and as set forth in the Bylaws.

ARTICLE 28 - CODES
The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or regulation.

ARTICLE 29 - AMENDMENT
This Agreement may be amended at any time by vote of the Members, acting through their Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the Members.

ARTICLE 30 - SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected.

September 20, 2023, Draft
15 ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT
No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to the benefit of successors of the Members. This Agreement is intended solely for the benefit of the Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights against the Agency or its Members.

ARTICLE 32 - ASSOCIATE MEMBERS
Any Public Agency located within the jurisdictional authority of the County of Santa Clara may, with the approval of the Board of Directors, become an Associate Member of the Agency by executing and delivering to the Agency an Associate Membership Agreement and providing an Associate Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors, or to vote on any matter coming before the Board of Directors or the Agency, unless a separate written agreement is entered into between the Associate Member and the Agency.

ARTICLE 33 - LIBERAL CONSTRUCTION
The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Agency.

ARTICLE 34 - NON-WAIVER
No waiver of the breach of default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power, or remedy in the event of a breach or default shall be construed as a waiver or a variation of any of the terms of this Agreement or any applicable agreement.

ARTICLE 35 - REMEDIES FOR BREACH
If any Member shall default on any obligation contained in this Agreement, the default shall not excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member shall be entitled to pursue all legal and equitable remedies against another Member in response to any alleged default under this Agreement. Any and all of the remedies provided to the Members, hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy shall not impair the Members to any other remedy.

September 20, 2023, Draft
16 ARTICLE 36 - ARTICLE HEADINGS
All article headings are for reference only and are not intended to define or limit the scope of any provision of this Agreement.

ARTICLE 37 - DISPUTE RESOLUTION

37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term, covenant, or condition of this Agreement (“Dispute”) may first, for a period of not less than thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to initiation of litigation, or any other binding arbitration or adjudicative dispute resolution process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written position papers stating their position on the Dispute and outlining the subject matter and substance of the anticipated testimony of persons having personal knowledge of the facts underlying the Dispute; and (iv) engage and cooperate in such further discovery as the Members agree or mediator suggests may be necessary to facilitate effective mediation.

37.2 Each Member shall bear its own costs, attorney’s fees, and expenses of the mediation. Venue of the mediation shall be a mutually agreeable city within Santa Clara County, California.

ARTICLE 38 – INSURANCE
If available, the Agency shall obtain insurance for all Members, appointed Members, and Committee Members, including, but not limited to, Directors and Officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will be necessary to adequately insure against the risks of liability that may be incurred by the Agency.

Insurance under this provision may include an insurance pool program.

ARTICLE 39 - FILING WITH SECRETARY OF STATE
The Executive Director of the Agency shall file a notice of this Agreement with the office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by Government Code Section 53051, as amended.

ARTICLE 40 - COUNTERPARTS
This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as I -
September 20, 2023, Draft
17 constituting one complete original and may be attached together when executed by the Members hereto. Facsimile and electronic signatures shall be binding.

ARTICLE 41 - AGREEMENT COMPLETE
This Agreement constitutes the full and complete Agreement of the parties and supersedes any prior written Agreement between the Members on the same topic.

Answers to City Managers Questions re: Cities Association of Santa Clara County (“CASCC”) and Proposed Joint Powers Authority (“JPA”)
August 7, 2023

GENERAL
Question #1. a.: What do we want this organization to be? Answer #1. a.: The goals and purposes of the organization will not change. Here are the stated goals of the CASCC:
• To review, study, develop consensus positions, and recommend on issues of interest to Santa Clara County cities;
• To develop a common agenda for Santa Clara County cities; • To serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government, including the Peninsula Division of the League of California Cities;
• To serve as the City Selection Committee pursuant to Government Code section 50270 et seq. and make appointments to regional and local bodies as provided by law; • To assist in the development of state-wide legislative policy through the structure of the League of California Cities;
• To serve as a source of education, information, and networking for officials from all cities in Santa Clara County;
• To provide a forum for non-city individuals, groups and organizations, and the private sector to address items of interest to Santa Clara County cities.

And here are the stated purposes of the proposed JPA:

1. Review, study, develop consensus positions, and take action on issues of interest to Members;

2. Focus on local and regional matters that are important to our future;

3. Develop a common agenda for Santa Clara County cities;

4. Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government;

5. Establishthe City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law;

6. Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;

7. Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities;

8. Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members;

9. Strengthen the Members’ and Agency’s standing at the regional, State and Federal level;

10. Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
2 11. Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems;

12. Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and

13. Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes.

Question #1. b.: What are the goals in forming this separate JPA as opposed to something less structured?
Answer #1. b.: Currently, the CASCC is an unincorporated association under the California Corporations Code. Since its creation, the member agencies have executed some agreements to provide a bit more structure to the association. In 1990, the CASCC’s member cities also entered into an agreement governing the operation of the organization, later amended on June 30, 1995. A copy of that Agreement is attached. As authorized by this Agreement, the CASCC has also adopted bylaws, available on the organization’s website. The existing Agreements set forth a structure that is similar to what a Joint Powers Agreement would establish for a JPA.

If the Cities Association becomes a JPA, neither the purpose nor the budget process would change. However, the JPA structure addresses concerns that have been raised about the CASCC such as liability and insurance. The JPA would have access to insurance that is not currently available. Governmental immunities would apply to the JPA that do not apply to an unincorporated association. A JPA would also clarify the tax status of the organization. The governance and organizational structure are also familiar to the members.

Question #1. c. How is forming the JPA furthering those goals.

Answer #1. c.: The most effective CASCC is one that is permanent, has governmental immunities to liabilities and employs an organizational structure that is both equitable and highly functional. Also, it will insulate the individual city/town members from future individual liability that an unincorporated association would arguably not do. The CASCC has accomplished much in the past and can accomplish many of the same programs and should the Board of Directors wish to, additional tasks with the new, permanent structure. In addition, the formation of a JPA eliminates potential tax issues as governmental entities are generally not subject to federal and State tax-related requirements.

Question #2: Are there better organizational forms such as public benefits corporation or nonprofit organization?
CASCC previously considered both a 501 (c) (4) non-profit social welfare organization and a JPA.

In 2020, the Board of Directors chose to pursue a JPA based on factors, such as the time and cost of forming the new entity and the compatibility of the JPA structure and membership of ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
3 the association. Considering the events that have transpired since the Board of Directors made the decision in 2020, we are even more convinced the JPA structure is best suited to the needs of the CASCC for the reasons stated above and the fact that the CASCC members are elected Council members appointed by their respective agencies and the CASCC administers the Cities Selection Committee.

Question #3: What models/example joint powers agreements were used to develop the proposed CASCC JPA?
Answer #3: The proposed JPA was developed by the two prior General Counsels, including Gary Baum, and he utilized the following examples: Silicon Valley Regional Interoperability Authority JPA (click on JPA document link) https://svria.org/resources/documents/ Silicon Valley Animal Control Authority JPA (click on JPA link) https://www.svaca.com/about-us
Question #4: What issues, structural or otherwise, is the association facing that can only or uniquely be solved by the formation of a JPA?
The JPA would provide a governmental structure for the CASCC. As a JPA, the CASCC would have governmental immunities and the liability of its members would be clarified. The JPA would have also access to some risk pools that insure governmental entities. The JPA structure itself would create a backbone of organization by clearing setting forth the scope of the JPA’s authority.

See answer to Question 1c above.

Question #5: Are there examples of issues that the JPA can address, particularly that cannot be accomplished through a less formal structure?
See answers to Questions #3 and #4.

Collaboration amongst our cities is one of the key advantages of the CASCC, which helps to strengthen our region. It is noteworthy, that in a county as populous and diverse as Santa Clara County, our cities have been able to come together and have some notable successes that could only have happened through CASCC. For example, the work of the CASCC during the COVID-19 pandemic resulted in a stronger partnership with our County, paving the way for greater trust and collaboration in the future. In recognition of their hard work, the CASCC was awarded the President’s Medal for Exemplary Service During the COVID-19 Pandemic by the SCC Board of Supervisors. Also, our cities collectively implemented ordinances to ban single-use plastic bags in each of our cities. Perhaps one of the most timely advantages of the CASCC and JPA membership would be the ability to apply for regional and statewide grants, such as the ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
4 multi-year Reagional Early Action Planning (REAP) Grant from ABAG. CASCC contracts with Community Planning Collaborative to lead this effort. Currently, all of our cities benefit from the technical assistance provided by the Planning Collaborative. Formed in October of 2019, the Santa Clara County Planning Collaborative is a shared effort among the county's jurisdictions to help address the region's housing challenges. The jurisdictions, by working together collaboratively, save money, time, and resources by sharing information and capacity; maintain & facilitate relationships with non-profits, affordable housing advocates, and key governmental organizations.

For cities that are part of the JPA, they would be able to participate in sessions with legislators and other councilmembers to benchmark and share ideas. They would also have the opportunity to vote and advocate on issues together with their fellow cities. During COVID, different groups were able to reach out to the Cities Association knowing they would be able to reach all 15 cities. Also, having a group with all 15 cities participating would complement the SCC City Managers and City Attorneys groups.

Question #6: The primary purpose or goal of the formation described today (10/12/22), was for all cities to continue to participate. If that is the case will the final document be able to be ratified without each of the cities consenting? The CASCC functions best when all cities and towns within the County are members. Each of the individual Council members who serve on the CASCC board will present the JPA to their respective agencies for approval with the goal of having all the current members cities and towns participate in the JPA. It is important to note that all cities and towns would continue to participate in the City Selection Committee (CSC) even if they are not members of the JPA.

Government Code Section 50270 designates the mayors of all cities and towns within the County to serve on the CSC. The purpose of the CSC is to appoint city representatives to boards, commissions, and agencies as required by law. In Santa Clara County, CASCC houses the CSC and takes responsibility for all the administrative tasks related to the CSC.

While it is the goal of the CASCC and the JPA process that all cities and towns become members, the JPA is drafted so that it becomes effective once eight members join. Should the number of members fall below 7 then Article 4 of the JPA would apply:

After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar JPA, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
5 the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members.

Note, this provision was added at the request of the City/Town Attorneys all of which provided input into the final draft of the JPA.

FISCAL MANAGEMENT
Question #1: How will member agencies be able to review proposed annual budget and proposed assessments in advance of adoption by the JPA board? Answer: #1: Like the process set forth in the bylaws and the process followed by the SVRIA, section 8.3.5 of the JPA requires the Board of Directors to adopt its budget by April 30 of each year. This process is designed to ensure that city/town members can consider and incorporate any increase or decrease in their dues into their budget planning before they are required to adopt their own budgets. Only the Board of Directors may adopt the budget at a publicly noticed meeting, the Executive Committee may not adopt the budget. Notice of proposed budget figures will be sent to the City Managers in advance of any budget adoption meeting. If April 30 is too late for city/town budget planning, an alternative date of March 30 could be considered.

Question #2: Is it assumed that the dues structure/formula will be determined after approval of the JPA, or will this be established in advance of approval? Answer: #2: While the dues will be established after approval of the JPA, no significant increases are anticipated. The adoption of any dues structure or formula would need to be considered as part of the annual budget process. The dues’ structure and related provisions will be incorporated into the bylaws for the JPA. The CASCC will share information regarding its proposed budget and dues as soon as possible in each budget cycle, and will share with its member cities and towns, their elected officials, and city managers in a transparent manner.

The goal is to submit next year’s fiscal year budget, with the final Joint Powers Agreement, in December 2023.

Question #3: How will the JPA address disagreements on the dues structure, particularly if dues will increase with a JPA?
Answer #3: It is neither assumed nor anticipated that the dues will increase because of the change in organizational structure. It is anticipated that annual dues will increase to reflect cost ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
6 of living increases. As set forth in the current bylaws, the Board adopts a budget every year in the same timeline as its member agencies and a majority vote is required to adopt a budget.

Question #4: Has the association considered CalPERS costs in a potential JPA? Answer#4: Yes, CASCC has considered this matter. CASSC obtains services from independent contractors and does not have employees. CalPERS membership is not mandatory for a JPA.

The JPA has been drafted to address this issue and specifically states the JPA will not contract with CalPERS. See JPA provision 14.1.5:

14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any employee of the Agency become a member of PERS or be entitled to a pension or retirement from PERS because of service to the Agency; and
In addition, the following change will be made to the JPA to address the issue:

14.1.6 The Agency shall not contract with or provide any pension to any employee of the Agency, nor shall any employee of the Agency be entitled to a pension or retirement Benefits, aside from Social Security as a result of service to the Agency.

Question #5: What is the extent of the Dissolution Plan and Tax Liability and who will be responsible?
Answer #5: The Dissolution Plan for CASCC has been discussed by the City/Town Attorney’s group and researched by a few of its members. A consensus on the approach to dissolution has been reached with the City/Town Attorney’s Group. Article 5 of the JPA it states: “Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.” The CASCC will follow the procedure for dissolution set forth in California Corporations Code Section 18410. Upon approval of the JPA by eight Members, the current CASCC Board of Directors will pass a resolution following the Corporations Code procedure and transfer the assets and liabilities of CASCC. The City/Town Attorneys discussed the possibility of only transferring the assets and not the liabilities of CASCC. However, the consensus of this group was that this approach may be rejected by the courts so that path is not recommended and will not be followed.

PERSONNEL MANAGEMENT
Question #1: Who is responsible for evaluating the performance of the Executive Director, and taking any associated personnel action?
ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
7 Statement #1: Difficult personnel issues can occur in any organization. It is in everyone’s interest to establish a structure for handling such issues in advance of actual situations.

Response to Statement #1: Agreed.

Answer#1: The Executive Director provides services to CASCC as an independent contractor.

Only a majority of the Board of Directors may take action regarding the contract of the Executive Director or any performance evaluation process. The JPA will be modified to clarify this issue.

Just to reiterate from Question 4 above, all services provided to CASCC will be through independent contractors, not salaried employees.

DECISIONMAKING
Question #1: How will the JPA determine whether to pursue new initiatives, such as grants, that may not clearly exceed the $50,000 Significant Programs threshold? How will the JPA determine its ability to perform its associated responsibilities? Answer #1: The JPA at Article 15 Substantial Programs states:

If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $50,000 or more in annual expenditures, this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a twothirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into specific program or project Agreement that includes relevant terms, by the particular affected Members and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These Agreements shall be subject to approval by the Board of Directors by a two-thirds vote of the Members.

First and foremost, the JPA’s programs and activities will be limited to its available budget. If a new initiative or grant becomes available, the Board would discuss the level of interest at a public meeting and whether it should pursue it.

ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
8 Second, the CASCC also intends to amend this JPA provision to define a Substantial Program as as any program or activity requiring $10,000 or more (subject to CPI adjustments) - rather than $50,000 or more - in annual expenditures, in order to exercise greater fiscal oversight.

Statement #1: For example, the SVRIA JPA establishes a Working Committee with specified composition, that is responsible for recommending a budget, accepting grants, and awarding contracts, as well as recommending an Executive Director.

Response to Statement #1: The Executive Committee performs a similar role to that of SVRIA’s Working Committee, but its powers have been limited based upon input from the City Managers and City/Town Attorneys. Should the CASCC Board of Directors wish to create a new committee, such as the Working Committee with significant powers, the concept, scope, staffing and resources implications would need to be considered by the Board of Directors.

While SVRIA is a JPA model that was considered in the formation of the CASCC JPA, it should be noted that SVRIA’s annual budget exceeds $5 million (for FY 23 and beyond). By comparison, the CASCC annual budget is currently under $300K. Currently, it is sufficient for the Executive Committee to perform some, not all, functions of the SVRIA Working Committee. At some point in the future, the CASCC Board of Directors may consider formation of a Working Committee, and may choose to do so with input from the City Managers and/or the City Attorneys.

Question #2: How will the JPA determine its position and activities related to legislative advocacy? How will individual Director’s responsibility to the JPA be reconciled with positions of their respective agencies?
Answer #2:

Role of the Legislative Action Committee (“LAC”)
LAC advocates on behalf of all 15 cities on issues of mutual interest, provides legislative updates to cities, and organizes emergency responses to urgent issues. LAC acts as the convening body for all 15 cities to discuss and take positions on legislative bills, and local and state measures (“Bills/Measures”). The LAC meetings allow for collaboration, advocacy, and education. It allows the cities to delve into an issue and discuss how the issue may affect their cities. LAC is also guided by the Legislative Guiding Principles and the Housing Position Paper, which were both adopted by the Cities Association Board and aim to be representative of all 15 cities.

Benefit to cities from LAC
Cities benefit from the LAC in many ways. An organization consisting of 15 cities with over 1.9 million residents has a louder and more impactful and effective voice compared to each city advocating on its own behalf, especially smaller cities. Legislators have said repeatedly that they pay attention to the positions taken by the Cities Association. Legislators and local groups ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
9 seek the Cities Association’s endorsement because they understand the importance and influence of an endorsement from the Cities Association.

LAC also provides an opportunity for legislators to present an idea for a potential Bill/Measure and solicit feedback on how such a Bill/Measure may impact cities, or what provisions would cities support/oppose. This is also a great opportunity for Cities to weigh in and give feedback to help shape a bill before it moves forward. Legislators/groups have also shared that it is much easier for them to come to Cities Association and reach all 15 cities at the same time than try to reach each Council individually. For many of the presentations, the legislators will attend the LAC meeting, which gives the cities face to face time with legislators.

Another benefit is LAC provides a forum for cities to learn from each other, hear different perspectives, and better understand the potential impact of a Bill/Measure. Often, this results in the cities being better informed on the pressing issues happening at the state and local levels.

Decision-making process for LAC
The LAC agenda normally consists of (1) an educational item whereby a legislator or group presents on a potential or new Bill/Measure, the intent being to educate and answer any questions representatives may have, or (2) a few Bills/Measures for discussion and action, to recommend a position to the Cities Association Board. It is the Board that makes the final decision on the Cities Association’s position on a particular Bill/Measure. Some cities have the same Councilmember serve on LAC and the Board, while others will have different Councilmembers serve on each body. Therefore, although the discussion and presentation at the Board level is not as in depth as the LAC meeting, sometimes the discussion and vote at the Board level are different from what happened at the LAC meeting.

LAC’s recommendation to the Board is based on what majority of the cities support. The practice is for the LAC Chair to communicate the recommended position to the full Board and include the minority position(s) or any concerns expressed during the discussion at the LAC meeting.

One of the ways the CASCC communicates its position on a particular Bill/Measure is to send a letter to the applicable body. In recent years, the CASCC has made an effort to include the concerns of the “minority position” in the letter, and advocate that certain bills carve out an exemption for smaller cities, recognizing that all 15 cities are unique, diverse and range from populations of a few thousand to one million people.

Every city has its own approach to how it votes on a Bill/Measure at a LAC meeting. Some cities will only vote on a Bill/Measure if their full Council has taken a position on the particular item.

Other cities will vote on the item if it aligns with a position taken on a similar issue by its Council. If an item is not controversial like housing, then most cities will vote on the item, even if their full Councils have not considered the item.

ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
10 How to make LAC even better
The CASCC Executive Committee has continued to identify ways to improve LAC because of the value it provides to the cities. Here are some things we are already considering, and we welcome any suggestions you may have:
-Need staff support to be better prepared for LAC meetings. This work can be time consuming as it requires analyzing bills, researching the support and oppose positions and legislative history, and tracking the status of the Bill/Measure. To date, this work has fallen to the LAC Chair, CASCC Executive Director, and/or the Board President’s staff. If cities, like San Jose, are willing to share their legislative staff with the CASCC, at no cost, it is worth exploring, provided the work is objective and does not reflect the position of that city. -Continue to do a better job of including the minority voices in our advocacy and any unique impacts to smaller cities.
-Provide a LAC calendar at the beginning of the year that gives dates when LAC will be considering certain bills to give cities an opportunity to have their Councils take a position on the bill before it goes to LAC.
-Have cities suggest bills they want LAC to consider.
-Continue to have the Board members report back to their Councils and City Managers on the impactful and valuable work the CASCC is doing.

Question #3: How does the organization work if/when not all cities join? If not all or enough members join, how does the association act as the appointing body for various regional commissions.

Answer #3: The Agency will be formed once eight cities/towns approve the JPA (See JPA Article 8). The participating members would meet and operate as a JPA. Given Government Code provisions governing the CSC, all cities are permitted to participate in these Committee meetings and the appointment process even if they are not members of the JPA (See JPA Article 13). The JPA would continue to administer the CSC.

At the request of the City/Town Attorneys provisions were added to Article 8 that after one year of formation should membership fall to less than seven members for a period of one year that the Agency is required to release the CASCC name to a new JPA should one be formed. On a related note, the Executive Committee is not activated until there are nine members, and it will then consist of three members, in order to address any potential ties in voting. If the JPA ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA
August 7, 2023
11 has eleven or more members, the Executive Committee would then consist of five members (See JPA Article 11). The CASCC intends to amend JPA Article 11 to capture this approach.

For cities that are part of the JPA, they would be able to participate in sessions with legislators and other councilmembers to benchmark and share ideas. They would also have the opportunity to vote and advocate on issues together with their fellow cities. During COVID, different groups were able to reach out to the Cities Association knowing they would be able to reach all 15 cities. Also, having a group with all 15 cities participating would complement the SCC City Managers and City Attorneys groups.

Question #4: Does the proposed power of the executive committee have the potential to allow the executive board to make decisions at the expense of some or all of the members? Answer #4: The proposed JPA has been drafted to address concerns regarding the authority of the Executive Committee (formerly known as the “Executive Board”). Additional changes will be made to the JPA to clarify that the Executive Committee cannot make personnel decisions and that new powers can only be vested in the Executive Committee following a vote of the Board of Directors on the issue. The Executive Committee will not have the authority to make personnel decisions or decisions related to the contract for the Executive Director.

The JPA currently reads as follows: at Article 11: “The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget.

Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall provide notice to the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee.” The reference to personnel action will be removed and the Executive Committee will be prohibited from taking any personnel actions.

Question #5 What is a situation where the association would need to issue debt, purchase land, or hire or terminate multiple employees?
Answer#5: The provisions authorizing the JPA to issue debt or purchase land will be removed.

It is unknown whether the Agency would ever need to hire or terminate an employee, but those decisions would be made by the Board of Directors and memorialized in a budget adopted by the Board of Directors, not the Executive Committee. (See answer to PERSONNEL MANAGEMENT #1)
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1251 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Continuance Until October 24, 2023 of the Public Hearing Scheduled for a Tentative Parcel Map, Rezone, and Architectural Review to Add a Second-Story Accessory Dwelling Unit and Create Two Separate Lots Each with an Existing Residence and a New Detached Garage on the Property Located at 1365 Main Street and 1070 Lewis Street

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

DISCUSSION
This Public Hearing item was scheduled for the October 10, 2023 meeting but will not be considered for action during that meeting. The item will be noticed in the Santa Clara Weekly publication on October 11, 2023 for the October 24, 2023 Council agenda.

Staff requests that the Council open the Public Hearing and then immediately continue this item to the October 24, 2023 City Council meeting in order to allow for publishing of the notice of the item.

ENVIRONMENTAL REVIEW
No environmental determination is necessary for a continuance. An environmental determination will be included with the October 24th report.

PUBLIC CONTACT
On September 28, 2023, a notice of public hearing of this item was posted in three conspicuous locations within 300 feet of the project site and was mailed to property owners within 300 feet of the project site. Should the Council continue the hearing for this project to October 24th, 2023, additional noticing will not be required other than the Santa Clara Weekly publication on October 11, 2023 for the October 24, 2023 Council agenda.

RECOMMENDATION
Open the Public Hearing and then immediately continue this Public Hearing item to the October 24, 2023 City Council meeting.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1090 Agenda Date: 10/10/2023

REPORT TO COUNCIL

SUBJECT
Public Hearing: Action on a Rezone to Planned Development and Architectural Review for a Firstand Second-Story Addition to a Single-Family Residence at 1485 Bellomy Street

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The property owner at 1485 Bellomy is requesting a Planned Development (PD) zoning to allow a 615 square foot first-floor addition and 1,008 square foot second-floor addition to their home. These additions would result in a 2,291 square foot single-family residence with four bedrooms and three and a half bathrooms with the existing one-car garage to remain.

A PD rezone is a legislative action that allows for projects to deviate from the underlying zoning. The development plan and its standards become the zoning for the site unless modified through an amendment.

The subject site is currently zoned Planned Development. The existing PD zoning was granted in 2016 to allow the subdivision of a larger property into the two current lots at 1479 Bellomy Street and 1485 Bellomy Street, both of which are substandard lots. This existing Planned Development also limited any addition to the subject lot, 1485 Bellomy Street, to not exceed 500 square feet, nor result in a dwelling with more than three bedrooms total unless two covered parking spaces are provided and the addition otherwise complies with the development standards of the R1-6L Zoning District.

The proposal includes the retention of the one covered parking space currently on the site but would not add a second parking space. Thus, the current PD Zoning District does not allow the proposed addition, which is greater than 500 square feet. As such, the applicant has proposed to rezone the lot to a new PD zoning district to allow for a larger house with four bedrooms while providing one covered parking space.

The property is not listed as a historic resource on the City’s Historic Resources Inventory (HRI), but it is within 200 feet of two listed historic resources at 1479 Bellomy Street and 1456 Bellomy Street.

As indicated in the City’s Historic Preservation Ordinance, architectural review applications for properties within 200 feet of sites listed on the Historic Resources Inventory are referred to the Historical and Landmarks Commission (HLC) for their review of the project for neighborhood compatibility and consistency with the City’s Design Guidelines. The HLC reviewed the proposed project at two publicly noticed meetings. On December 1, 2022, the HLC heard the proposed project and made several recommendations. The applicant revised the project to address the recommendations made. On February 2, 2023, the HLC reviewed the revised project and recommended denial (6-0-1) of the project. More information on the HLC process is described in the Planning Commission staff report (Attachment 1).

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23-1090 Agenda Date: 10/10/2023
The project was presented before the Planning Commission at a publicly noticed meeting on August 23, 2023. The Planning Commission staff report (Attachment 1) provides an analysis of the project’s conformance with the General Plan, Zoning, and Single-family Design Guidelines. The Planning Commission recommended approval of the project (4-3).

DISCUSSION
At the August 23, 2023 Planning Commission meeting, staff presented an overview of the proposal, site conditions, consistency with the General Plan and Zoning requirements, proposed architecture, and conformance with the requirements of the California Environmental Quality Act (CEQA). The applicant then made a presentation highlighting the timeline for development, project improvements and additions, and architectural compatibility with surrounding neighbors.

Nine members of the public provided comments in person and online via Zoom. Six members spoke against the project with opposition to the height, mass, and nonconformance to the existing Conditions of Approval of the current Planned Development. Three members spoke in favor of the project with support for housing needs stating that it would be reasonable in scale and typical for a Single-family Zoning District.

Following public comments, the Planning Commission discussed the project and entitlements under their purview. The Planning Commission then concluded deliberations and adopted (4-3 vote) resolutions to recommend approval of the rezone from PD to PD to allow the proposed first- and second-story addition as shown on the development plans.

Planning Development Zoning
The current PD zoning district requires two covered parking spaces to allow for an addition over 500 square feet with greater than three bedrooms. The proposal retains one covered parking space but does not propose a second covered parking space. It is common now to see house expansions that do not provide additional parking given that recent State laws stipulate that no additional parking can be required for Accessory Dwelling Units. The applicant is proposing to rezone to a new Planned Development to allow for an expansion while retaining one parking space.

Architectural Review
Typically, the proposed second-story addition would be reviewed through a Development Review Hearing for Architectural Review, but any architectural approval can be instead referred to the City Council. In this case the architectural review action has been incorporated with City Council consideration of the proposed PD zoning.

The massing of the proposed second-story addition meets the intent of the Single-Family Design Guidelines to reduce massing and bulky appearance of two-story additions. First, the overall height is slightly less (24 feet) than what is normally allowed for single-family residences (25 feet). Second, the second-story is designed with substantial step backs from the first floor wall, with a 10’ to 13’-10” step back from the first floor garage and front wall of the residence, and a 9’-7” step back from the first floor rear wall of the residence. The proposed second-story would be set 13’-10” behind the front façade of the HRI property to the east. These step backs are not generally required in the Code, exceed the step backs at the front and rear of the residence recommended by the City’s SingleFamily Design Guidelines, and significantly reduce the visual impact of the second floor to promote neighborhood compatibility. The Single-Family Design Guidelines suggests three- to five- foot step City of Santa Clara Page 2 of 4 Printed on 10/5/2023
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23-1090 Agenda Date: 10/10/2023
backs for all sides of the second-story addition. The proposed second-story provides a larger front and rear step back, but does not have a step back on either of the two sides, as the narrow width of the existing lot and structure make such step backs overly restrictive on the livability of the residence.

The residence has an existing narrow width of 24 feet, and while stepping in the second-story sides by three to five feet would further reduce the massing, it would also reduce the width of the second story to only 14-18 feet.

ENVIRONMENTAL REVIEW
The actions being considered is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(e)(2) (Class 1 -- Existing Facilities), in that the activities consist of a rezone and the addition to an existing structure that (1) will not result in an increase of more than 10,000 square feet, (2) the project is in an area where all public services and facilities are available, and (3) the area in which the project is located is not environmentally sensitive. Here, the project is adding 1,623 square feet to an existing single-family residence in an established residential neighborhood.

FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expense typically covered by processing fees paid by the applicant.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library. Furthermore, public outreach for the project is consistent with City Council Resolution No. 17-8456, regarding public outreach policy.

On September 29, 2023, the notice of public hearing for this item was posted in three conspicuous places within 300 feet of the project site and was mailed to property owners within 300 feet of the project site boundaries in the Old Quad District. The Planning Division did not receive public comment during the preparation of this staff report.

ALTERNATIVES

1. Deny the Rezone from PD - Planned Development to PD to allow a 615 square foot first-floor addition and 1,008 square foot second-floor addition at 1485 Bellomy Street.

2. Deny the Architectural Review of the proposed first- and second-story addition at 1485 Bellomy Street.

RECOMMENDATION

1. Determine the project to be categorically exempt from CEQA under Class 1(e)(2) (Existing Facilities).

2. Adopt a resolution to approve a Rezone from PD - Planned Development to PD to allow a 615 square foot first-floor addition and 1,008 square foot second-floor addition at 1485 Bellomy City of Santa Clara Page 3 of 4 Printed on 10/5/2023
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23-1090 Agenda Date: 10/10/2023
Street, subject to conditions of approval.

3. Adopt a resolution to approve an Architectural Review of the proposed first- and second-story addition at 1485 Bellomy Street, subject to conditions of approval.

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

ATTACHMENTS

1. Planning Commission Staff Report of August 23, 2023

2. Resolution Approval of the Rezoning from PD Zoning District to PD Zoning District

3. Resolution - Architectural Review

4. Conditions of Approval

5. Development Plans
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-678 Agenda Date: 8/23/2023

REPORT TO PLANNING COMMISSION

SUBJECT
Consideration of a Rezone to Planned Development for a First- and Second-story Addition at 1485 Bellomy Street
Applicant/Owner: Giovanni and Priscilla Bui
General Plan: Very Low Density Residential
Zoning: PD - Planned Development
Site Area: 3,833 square foot lot
Existing Site Conditions:

The subject property is a 3,833 square feet in size and developed with a one-story 668 square-foot, one-bedroom and one-bathroom residence with an attached one-car garage.

Surrounding Land Uses:

The site is bounded by single-family residences to the north, east, and west, and a two-story apartment complex and single-family residences to the south across Bellomy Street.

Issues:

Consistency with Zoning Ordinance and Single-Family Design Guidelines Staff Recommendation:

That Planning Commission approve resolutions recommending City Council approve the Rezone to Planned Development to allow for a first and second-story addition to an existing single-family residence located at 1485 Bellomy Street, subject to conditions.

BACKGROUND
The applicant is requesting a Planned Development (PD) Rezoning to amend the existing Planned Development zoning designation to add more than 500 square feet and more than three bedrooms, which is not permitted under the current PD Zoning.

The property is not listed as a historic resource on the City’s Historic Resources Inventory (HRI). The property is located in the City’s Old Quad neighborhood within 200 feet of two listed historic resources at 1479 Bellomy Street and 1456 Bellomy Street. The Historical and Landmarks Commission (HLC) reviewed the proposed project at a publicly noticed meeting on February 2, 2023, and recommended denial of the project for the following reasons:

1. The proposed massing overshadows the adjacent HRI property at 1479 Bellomy Street.

2. The proposed addition would have an adverse effect to the historic fabric of the neighborhood

3. While other two-story residences exist nearby, the proposed design and massing would have City of Santa Clara Page 1 of 4 Printed on 8/18/2023
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23-678 Agenda Date: 8/23/2023
a significant impact to the immediate setting.

4. Complying with the existing PD Zoning restriction limiting additions to no more than 500 square feet serves to prevent overshadowing of the HRI property at 1479 Bellomy Street.

DISCUSSION
The property owner at 1485 Bellomy is proposing a 615 square foot first-floor addition and 1,008 square foot second-floor addition that would result in a 2,291 square foot single-family residence with four bedrooms and three and a half bathrooms with the existing one-car garage to remain. The subject site was previously zoned as Planned Development to allow for the subdivision of a larger property into the two current lots, 1479 Bellomy Street and 1485 Bellomy Street. This Planned Development limited any addition to the subject lot, 1485 Bellomy Street, to not exceed 500 square feet nor result in a dwelling with more than three bedrooms total unless two covered parking spaces are provided; and, provided the addition complies with the development standards of the R1-6L Zoning District.

Historical and Landmarks Commission:

As indicated in the City’s Historic Preservation Ordinance, architectural review applications for properties within 200 feet of sites listed on the Historic Resources Inventory are referred to the Historical and Landmarks Commission (HLC) for their review of the project for neighborhood compatibility and consistency with the City’s Design Guidelines. As the proposed PD zoning will develop standards for which the subsequent architectural review will be based on the subject site, which is located within 200 feet of two listed historic resources at 1479 Bellomy Street and 1456 Bellomy Street, the project was referred to the HLC for their consideration and recommendation. The HLC heard the proposed project on December 1, 2022 and made the following recommendations:
· Reduce the 25-foot stucco wall on the sides of the proposed addition · Correct project data calculations and plan dimensions · Provide roof plans
· Provide sketch of the two-neighboring residences in similar scale in elevation · Explore basement addition instead of above ground addition · Meet maximum 40% lot coverage
· Change roof style to be compatible with the immediate neighborhood · Reduce the mass to be compatible with the adjacent HRI property The applicant revised the project design to address the recommendations made by the Historical and Landmarks Commission. The project was then heard a second time by the HLC at their February 2, 2023 meeting. While the revised design improved consistency with the Single-Family Residential Design Guidelines to reduce the mass and bulk of the second-story addition, the HLC made a recommendation of denial as previously noted in this report.

Since the February HLC meeting, the property owner provided one additional change to lower the height of the second-story to 24 feet, whereas 25 feet is the maximum allowed for a single-family residence. The project is now referred to the Planning Commission for recommendation of the PD - Rezone to City Council. If approved by the City Council, the proposed project will be referred to the Development Review Hearing for review of the second-story addition.

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Zoning:

The proposed PD - Planned Development zoning for the property is desired in that the PD district is intended to accommodate development that is consistent with the City’s General Plan land use designation of Very Low Density Residential, compatible with the existing community, and that utilizes imaginative planning and design concepts that would be restricted in other zone districts. The proposed PD zoning provides flexibility and variation in development standards from the R1-6L Single-Family Zoning District standards, by allowing for reduced front and side yard building setbacks, reduced lot width and area, increased lot coverage, and reduced parking, as the lot size is small and substandard from single family residential lot in conventional zoning districts. The PD rezone would also remove the existing condition that does not allow an addition that would exceed 500 square feet nor result in a dwelling with more than three bedrooms total unless two covered parking spaces are provided. The PD zoning would retain the existing 220 square foot one-car garage serving the existing dwelling. For reference, a single-family home that contains a one-car garage, rather than the two as required under the current Zoning Ordinance, are permitted to have an addition of up to 500 square feet or an addition that results in no more than three bedrooms, without providing a second covered parking space.

The subject lot was created as substandard with the approval of the PD Zoning on the site. The lot width is 35.25 feet, where 60 feet is the standard, with existing side yard setbacks of 5’11” and 5’2”, where five feet is the standard. As such, the existing house has a narrow width of 24 feet, which for reference is only slightly larger than a typical interior dimension of a 20’ by 20’ two-car garage. The proposed first and second story addition to the existing residence is consistent with the R1-6L SingleFamily standards for setbacks, height and lot coverage even though the lot size of approximately 3,824 square feet is substandard to the code required minimum of 6,000 square feet.

The massing of the proposed second-story addition meets the intent of the Single-Family Design Guidelines to reduce massing and bulky appearance of two-story additions.

First, the overall height has been reduced to 24 feet instead of the 25 feet maximum allowed for single-family residences. Secondly, the second-story is designed with substantial setbacks from the first floor wall, by providing a 10’-13’10” stepback from the first floor garage and front wall of the residence, and a 9’7” stepback from the first floor rear wall of the residence. The proposed secondstory would be set 13’10” behind the front façade of the HRI property to the east. The Single-Family Design Guidelines suggests three to five feet step backs for all sides of the second-story addition.

The proposed second-story provides a larger front and rear stepback, but does not have a stepback on either of the two sides. The residence has an existing narrow width of 24 feet, and while stepping in the second-story sides by three to five feet would further reduce the massing, it would also reduce the width of the second story to 14-18 feet and reduce its useability.

Conclusion:

Approval of this project would provide an opportunity to retain high quality residential units and allow individual ownership. The proposal will help alter a property in a manner that is consistent with the General Plan Very Low Density Residential designation. The proposal includes different sized units and properties that will continue to contribute to the diversity of the City’s housing supply, contributing to a range of choices in housing tenure, type, size, location and affordability in the City. The project would not impact the integrity of nearby listed historic properties, in that the proposed two-story residence will be consistent with the objective standards in the R1-6L, Single-Family Zoning District.

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23-678 Agenda Date: 8/23/2023

ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301(e)(2) - Class 1 Existing Facilities, in that the activity consists of the addition to an existing structure that (1) will not result in an increase of more than 10,000 square feet, (2) the project is in an area where all public services and facilities are available, and (3) the area in which the project is located is not environmentally sensitive. Here, the project is adding 1,623 square feet to an existing single-family residence in an established residential neighborhood.

PUBLIC CONTACT
On March 30, 2023, notice of the June 14, 2023 hearing for this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. On June 14, 2023, the Planning Commission opened the public hearing and then continued the hearing to August 23, 2023 and additional noticing was not required.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Determine that the Project is categorically exempt under Class 1 (Existing Facilities) of the CEQA Guidelines;

2. Approve a resolution recommending that the City Council approve the Rezone to Planned Development to allow the first and second-story addition for the existing single-family residence at 1485 Bellomy Street, subject to conditions.

Prepared by: Steve Le, Senior Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

1. Excerpt of February 2, 2023 Historical and Landmarks Commission Meeting Minutes

2. Staff report of February 2, 2023 Historical and Landmarks Commission

3. Resolution Recommending City Council Approval of the Rezoning from PD to PD

4. Conditions of Approval

5. Development Plans
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City of Santa Clara
Meeting Minutes
Historical & Landmarks Commission
Draft
02/02/2023 6:00 PM Virtual Meeting
Pursuant to California Government Code section 54953(e) and City of Santa Clara Resolution 22-9178, the Historical and Landmarks Commission meeting will be held by teleconference only.

No physical location will be available for this meeting; however, the City of Santa Clara continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/97233262035 or
o Phone: 1 (669) 900-6833
Webinar ID: 972 3326 2035
Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting. Clearly indicate the project address, meeting body, and meeting date in the email.

PUBLIC PARTICIPATION IN ZOOM WEBINAR:

Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak.
- Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute.
- If you no longer wish to stay in the meeting once your item has been heard, you may leave the meeting.

CALL TO ORDER AND ROLL CALL
Chair Leung called the meeting to order at 6:06 p.m.

Commissioner Michael Celso , Commissioner Amy Kirby, Chair Patricia Leung, Commissioner Kathleen Romano, Commissioner Ed Stocks, and Vice Chair Ana Vargas-Smith
Present 6 -
Absent 1 - Commissioner Megan Swartzwelder
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CONTINUANCES/EXCEPTIONS
A motion was made by Commissioner Romano, seconded by
Commissioner Stocks, to continue Items 1.A and 1.B.

Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -

Absent: 1 - Commissioner Swartzwelder

1.A 23-80 Continuance of the 906-950 Monroe Street Mixed-use project Recommendation: Staff recommends the Historical and Landmarks Commission continue the proposed project to March 2, 2023.

1.B 23-79 Continuance Hearing of a proposed new attached Accessory Dwelling Unit (ADU) at 1860 Market Street that is located within 200 feet of a Historic Resource.

Recommendation: Recommend that the Historical and Landmarks Commission continue the proposed project to March 2, 2023.

CONSENT CALENDAR
A motion was made by Commissioner Stocks, seconded by
Commissioner Celso, to approve the Consent Calendar.

Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -

Absent: 1 - Commissioner Swartzwelder

2.A 22-1600 Historical and Landmarks Commission Minutes of December 1, 2022 Recommendation: Approve the Historical and Landmarks Commission Minutes of December 1, 2022.

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS
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3. 23-77 Continuance Hearing for a Significant Property Alteration Permit for a Second-Story Addition at 1540 Homestead Road
Recommendation: Staff recommends the Historical and Landmarks Commission forward a recommendation of approval for issuance of a Significant Property Alteration (SPA) Permit to the Planning Commission for the proposed addition, subject to the procedures outlined in the Preservation Treatment Plan attached to the Development Plans.

A motion was made by Commissioner Vargas-Smith, seconded by Commissioner Kirby, to recommend approval to the Planning Commission.

Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, and Vice Chair Vargas-Smith
5 -

Absent: 1 - Commissioner Swartzwelder
Recused: 1 - Commissioner Stocks

4. 23-78 Continuance Hearing for a First and Second Story Addition at 1485 Bellomy Street that is located within 200 feet of a Historic Resource Recommendation: Staff recommends that the Historical and Landmarks Commission find that the project as proposed would not significantly impact the integrity of the nearby resources, and therefore recommend approval of the design to the Development Review Hearing Officer.

Public speakers:

Jonathon Evans
Adam Thompson
Shea Salinas
Rob Mayer
A motion was made by Commissioner Stocks, seconded by
Commissioner Celso, to recommend denial to the Planning Commission for the following reasons:

1. The proposed massing overshadows the adjacent HRI property at 1479 Bellomy Street.

2. The proposed addition would have an adverse effect to the historic fabric of the neighborhood.

3. While other two-story residences exist nearby, the proposed design and massing would have a significant impact to the immediate setting.

4. Complying with the existing PD Zoning restriction limiting additions to no more than 499sf serves to prevent overshadowing of the HRI property at 1479 Bellomy Street.

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Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -

Absent: 1 - Commissioner Swartzwelder
Commissioner Celso left the meeting at 9 p.m.

5. 23-61 Consideration of 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
Recommendation: Staff recommends the HLC recommend approval of the Significant Property Alteration (SPA) Permit to the Planning Commission for the proposed alterations to the main historic resource, subject to the procedures outlined in the Preservation Treatment Plan attached to the Development Plans.

Staff recommends the HLC recommends redesign of the proposed garage to the Planning Commission prior to approving the Variance to reduce the height of the garage to 16 feet, 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.

Public speakers:

Jonathon Evans
Adam Thompson
A motion was made by Commissioner Romano, seconded by
Commissioner Vargas-Smith to recommend approval of the
Significant Property Alteration Permit and Variance to the Planning Commission.

Aye: Commissioner Kirby, Chair Leung, Commissioner Romano, and Vice Chair Vargas-Smith
4 -

Absent: 2 - Commissioner Celso, and Commissioner Swartzwelder Recused: 1 - Commissioner Stocks

STAFF REPORT
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2. Berryessa Adobe Maintenance

3. 712 Jefferson Street
Staff Liaison Rebecca Bustos indicated there were no updates.

COMMISSIONERS REPORT

1. Subcommittee Reporting - 20 minutes

2. Board and Committee Assignments - 15 minutes
Board/Committee Lead/Alternate
Santa Clara Arts and Historic Consortium Leung / Romano Historic Preservation Society of Santa Clara Vargas-Smith / Leung Old Quad Residents Association Leung / Romano
Development Review Hearing Romano / Vargas-Smith
BART/ High Speed Rail/ VTA BRT Committee Vargas-Smith/Swartzwelder Zoning Ordinance Update Romano / Swartzwelder
El Camino Real Specific Plan Community Advisory Committee Leung Downtown Precise Plan Vargas

3. Announcements and Other Items - 10 minutes

4. Commissioner Travel and Training Requests - 10 minutes

ADJOURNMENT
A motion was made by Commissioner Vargas-Smith, seconded by Commissioner Romano, to adjourn the meeting.

The meeting adjourned at 10:09 p.m.

The next regularly scheduled meeting is on March 2, 2023.

Aye: Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
5 -

Absent: 2 - Commissioner Celso, and Commissioner Swartzwelder

MEETING DISCLOSURES
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Historical & Landmarks Commission Meeting Minutes 02/02/2023 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."
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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.

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RESOLUTION NO. 16-8381

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA APPROVING A REZONING FROM Rl-6L -

SINGLE FAMILY RESIDENTIAL TO PD - PLANNED
DEVELOPMENT OF THE PROPERTY LOCATED AT 1479
AND 1485 BELLOMY STREET, SANTA CLARA,

CALIFORNIA
PLN2015-1143 8 (Rezoning)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on September 23, 2015, Robert and Julie Salinas ("Applicant") applied for a Rezoning from Rl-6L (Single Family Residential) to PD-Planned Development for an 8,227 square foot parcel, located on the north side of Bellomy Street, approximately 50 feet east of Jefferson Street ("Project Site");
WHEREAS, the Project Site is currently zoned as Rl-6L- Single Family Residential; WHEREAS, in order to implement the proposed development, the Project Site requires a Rezoning to Planned Development to allow the subdivision of an existing parcel containing two existing detached single family homes into two new parcels ("Project") as shown on the Development Plans, attached by reference herein as Exhibit "Development Plans"; WHEREAS, the project is determined to be Categorically Exempt from CEQA pursuant to Section 15303 - New Construction or Conversion of Small Structures, as in urbanized areas, up to three single-family residences may be constructed or conve1ied under this exemption, and as the project proposes to maintain the two existing residential dwellings on the project site and to replace an existing detached garage and workshop for the house at 14 79 Bellomy Street with a new detached one-car garage;
WHEREAS, the Project was reviewed and supported by the Historical and Landmarks Commission at the regular Historical and Landmarks Commission meeting on May 5, 2016; Resolution/ 1479 and 1485 Bellomy Street
Rev. 11-30-11 ; Typed: 11-15-16

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