Agenda packet — City Council and Authorities Concurrent, December 5, 2023 (part 2 of 6)

2. Approve the FY 2023/24 Budget Amendments in the Operating Budget in the amount of $34,626,312, Debt Service Budget in the amount of $1,232,726 and Capital Budget in the amount of $235,538 to make technical actions to true up fund balances based on actual FY 2022/23 performance, correct the treatment of Beginning and Ending Fund Balances, Transfers Out and Reserves to align the Stadium Authority Budget to City budgeting practices, and recognize and appropriate funds to pay additional Stadium Manager expenses and capital equipment purchases in the Operating and Capital Budget.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending June 30, 2023; and approve the FY 2023/24 Budget Amendments in the Operating Budget in the amount of $34,626,312, Debt Service Budget in the amount of $1,232,726 and Capital Budget in the amount of $235,538 to make technical actions to true up fund balances based on actual FY 2022/23 performance, correct the treatment of Beginning and Ending Fund Balances, Transfers Out and Reserves to align the Stadium Authority Budget to City budgeting practices, and recognize and appropriate funds to pay additional Stadium Manager expenses and capital equipment purchases in the Operating and Capital Budget.

Aye: Boardmember Watanabe, Boardmember Hardy, Boardmember Jain, Boardmember Becker, and Chair Gillmor
5 -

Absent: 2 - Boardmember Chahal, and Vice Chair Park
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4.C 23-1308 Action on Stadium Manager’s Request for Budget Amendments Related to the Plumbing and Smoke Evacuation System - Fire Smoke Curtain Replacement CapEx Projects
Recommendation:

1. Approve a budget amendment for the Plumbing line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $9,663 from the Capital Budget Ending Fund Balance, for a total budget amount of $88,134; and

2. Approve a budget amendment for the Smoke Evacuation System - Fire Smoke Curtain Replacement line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $11,904 from the Capital Budget Ending Fund Balance, for a total budget amount of $53,663.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve a budget amendment for the Plumbing line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $9,663 from the Capital Budget Ending Fund Balance, for a total budget amount of $88,134; and approve a budget amendment for the Smoke Evacuation System - Fire Smoke Curtain Replacement line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $11,904 from the Capital Budget Ending Fund Balance, for a total budget amount of $53,663.

Aye: Boardmember Watanabe, Boardmember Hardy, Boardmember Jain, Boardmember Becker, and Chair Gillmor
5 -

Absent: 2 - Boardmember Chahal, and Vice Chair Park

4.D 23-1307 Action on Stadium Manager’s Request to Approve a Purchase Order with EyeP Solutions, Inc. to Provide AXIS Cameras and Related Accessories for Levi’s Stadium Security Coverage (Enhance Stadium Security Coverage CapEx Project)
Recommendation:

1. Approve the Stadium Manager’s request to award a purchase order to EyeP Solutions, Inc. in the amount of $220,201 to purchase AXIS cameras and related accessories for the Enhance Stadium Security Coverage CapEx Project.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve the Stadium Manager’s request to award a purchase order to EyeP Solutions, Inc. in the amount of $220,201 to purchase AXIS cameras and related accessories for the Enhance Stadium Security Coverage CapEx Project.

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Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park

4.F 23-1317 Action on Stadium Manager’s Request to Approve an Agreement with CWS Construction Group, Inc. for the Overhead Doors, Motors, Sensors and Track Replacements CapEx Project and Related Budget Amendment Recommendation:

1. Approve a budget amendment for the Overhead Doors, Motors, Sensors and Track Replacements line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $15,370 from the Capital Budget Ending Fund Balance, for a total budget amount of $109,170;

2. Approve the Stadium Manager’s request to award an agreement to CWS Construction Group, Inc. in the amount of $95,000 to replace an overhead door and associated motor, sensor, and tracks at Levi’s Stadium for the Overhead Doors, Motors, Sensors and Track Replacements CapEx Project;

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

4. Authorize the Stadium Manager to execute change orders for the agreement up to $9,500, for a total not to exceed amount of $104,500.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve a budget amendment for the Overhead Doors, Motors, Sensors and Track Replacements line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $15,370 from the Capital Budget Ending Fund Balance, for a total budget amount of $109,170; approve the Stadium Manager’s request to award an agreement to CWS
Construction Group, Inc. in the amount of $95,000 to replace an overhead door and associated motor, sensor, and tracks at Levi’s Stadium for the Overhead Doors, Motors, Sensors and Track Replacements CapEx Project; authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; and authorize the Stadium Manager to execute change orders for the agreement up to $9,500, for a total not to exceed amount of $104,500.

Aye: Boardmember Watanabe, Boardmember Hardy, Boardmember Jain, Boardmember Becker, and Chair Gillmor
5 -

Absent: 2 - Boardmember Chahal, and Vice Chair Park
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4.G 23-1352 Action on Stadium Manager’s Request to Execute a Change Order to the Agreement with United Mechanical, Inc. for the Cooling Towers CapEx Project at Levi’s Stadium and Related Budget Amendment
Recommendation:

1. Approve a budget amendment for the Cooling Towers line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $6,953 from the Capital Budget Ending Fund Balance, for a total budget amount of $136,038;

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

3. Authorize the Stadium Manager to execute a Contract Change Order No. 1 to the Agreement with United Mechanical, Inc. with a not to exceed amount of $16,989; and

4. Authorize the Stadium Manager to execute change orders up to $1,698 for a total not to exceed construction agreement amount of $136,038.

A motion was made by Boardmember Becker, seconded by
Boardmember Hardy, to approve a budget amendment for the Cooling Towers line item in the Stadium Authority FY 2023/24 CapEx Budget to increase the budget by $6,953 from the Capital Budget Ending Fund Balance, for a total budget amount of $136,038; authorize the Stadium Manager to execute any and all documents associated with, and necessary for the award, completion, and acceptance of the project; authorize the Stadium Manager to execute a Contract Change Order No. 1 to the Agreement with United Mechanical, Inc. with a not to exceed amount of $16,989; and authorize the Stadium Manager to execute change orders up to $1,698 for a total not to exceed construction agreement amount of $136,038.

Aye: Boardmember Watanabe, Boardmember Hardy, Boardmember Jain, Boardmember Becker, and Chair Gillmor
5 -

Absent: 2 - Boardmember Chahal, and Vice Chair Park
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PUBLIC PRESENTATIONS
Lee shared a video on ethics.

Adam spoke on housing laws and requested a hotel reservation paid by the City be made for him.

Brian Darby thanked Senator Wahab for her work in her district.

Caller 2269 (James Rowan) spoke about non-profit groups being attacked by Councilmembers.

Wanda Buck shared a video regarding ethics.

Council comments followed.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to have staff look into the Lobbyist Ordinance if the Special Advisor to the Mayor needs to be registered as a lobbyist.

Aye: Councilmember Hardy, Councilmember Jain, and Councilmember Becker
3 -
Nay: 2 - Councilmember Watanabe, and Mayor Gillmor

Absent: 2 - Councilmember Chahal, and Vice Mayor Park
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The motion failed.

PUBLIC HEARING/GENERAL BUSINESS
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5. 23-952 Actions Authorizing the City Manager to Negotiate and Execute Loan Documents for a Loan to Charities Housing Development Corporation of Santa Clara County ("Charities") of up to $4,944,484 to Support the Construction of 106 Affordable Housing Units at 1601 Civic Center Drive; and Direction to Allocate up to $455,516 from the City’s Permanent Local Housing Allocation (PLHA) Funds to Further Assist with Construction Costs (Total City Contribution of up to $5,400,000), Actions Authorizing the City Manager to Execute Documents that will Release a Recorded Indenture that Currently Limits the Site’s Developable Area, and Approve the Related Budget Amendment
Recommendation:

1. Adopt a resolution approving and authorizing the City Manager to negotiate and execute a Loan Agreement with Charities Housing for a loan of up to $4,944,484 to support the construction of 106 affordable housing units and 2 manager units located at 1601 Civic Center Drive; to make modifications to the Loan Agreement and attachments consistent with the Term Sheet and as reviewed by the City Attorney for form and consistency; to execute all documents necessary (including Deeds of Trust, Promissory Notes, and Affordable Housing Agreements) to implement the Loan Agreement and close escrow; and to execute documents that will release a recorded indenture that currently limits the site’s developable area. This funding commitment shall be contingent upon National Environmental Policy Act (NEPA) clearance from HUD.

2. Approve the FY 2023/24 budget amendment in the City Affordable Housing Capital Fund to increase the Civic Center Drive - Low Income Housing Project appropriation by $3,344,484 and reduce the unrestricted ending fund balance by $3,344,484 (five affirmative Council votes required for the use of unused balances).

3. Direct the County of Santa Clara (PLHA fund administrator) to allocate up to $455,516 from the City’s Permanent Local Housing Allocation (PLHA) allocation to further support the construction of affordable housing at 1601 Civic Center Drive. This funding commitment shall be contingent upon National Environmental Policy Act (NEPA) clearance from HUD.

Housing Division Manager Marcus provided a Powerpoint presentation on a loan to Charities Housing Development Corporation of Santa Clara County ("Charities") of up to $4,944,484 to support the construction of 106 Affordable Housing Units at 1601 Civic Center Drive. He also stated that staff is requesting direction on allocating up to $455,516 from the City’s Permanent Local Housing Allocation (PLHA) Funds to further assist with construction costs.

Council comments and questions followed.

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Housing Division Manager Marcus responded to Council questions.

Public Comment:

Rigo
Matthew Caldwell
Brian Darby
Hai
A motion was made by Councilmember Jain, seconded by
Councilmember Becker, to adopt Resolution 23-9286 approving and authorizing the City Manager to negotiate and execute a Loan Agreement with Charities Housing for a loan of up to $4,944,484 to support the construction of 106 affordable housing units and 2 manager units located at 1601 Civic Center Drive; to make modifications to the Loan Agreement and attachments consistent with the Term Sheet and as reviewed by the City Attorney for form and consistency; to execute all documents necessary (including Deeds of Trust, Promissory Notes, and Affordable Housing Agreements) to implement the Loan Agreement and close escrow; and to execute documents that will release a recorded indenture that currently limits the site’s developable area. This funding commitment shall be contingent upon National Environmental Policy Act (NEPA) clearance from HUD; approve the FY 2023/24 budget amendment in the City Affordable Housing Capital Fund to increase the Civic Center Drive - Low Income Housing Project appropriation by $3,344,484 and reduce the unrestricted ending fund balance by $3,344,484; and direct the County of Santa Clara (PLHA fund administrator) to allocate up to $455,516 from the City’s Permanent Local Housing Allocation (PLHA) allocation to further support the construction of affordable housing at 1601 Civic Center Drive. This funding commitment shall be contingent upon National Environmental Policy Act (NEPA) clearance from HUD.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park
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6. 23-1234 Action on Award of Five Purchase Orders Greater than $250,000, with an Aggregate Amount of $30,164,272 for Finance Department Central Warehouse Purchases to Replenish Silicon Valley Power Inventory Funded by Electric Utility Funds
Recommendation: 1. Authorize the City Manager to negotiate and execute the attached Trayer Standard Conditions of Sale (Conditions of Sale) and issue purchase orders to Trayer Engineering Corporation for the purchase of five-position padmount switches with a cumulative total amount of $14,876,917 for the time period beginning on the date of this authorization through December 31, 2025, subject to the annual appropriation of funds and review and approval of the Conditions of Sale by the City Attorney;

2. Authorize the City Manager to issue purchase orders to The Okonite Company for the purchase of 1100 KCMil and 1/0 MCM cables with a cumulative total amount of $7,264,378 for the time period beginning on the date of this authorization through December 31, 2025, subject to the annual appropriation of funds;

3. Authorize the City Manager to negotiate and issue purchase orders to Fleming Electric, Inc. for the purchase of three-phase padmount transformers with a cumulative total amount of $2,792,704 for the time period beginning on the date of this authorization through December 31, 2028, subject to the annual appropriation of funds and the review and approval as to form by City Attorney;

4. Authorize the City Manager to negotiate and issue purchase orders with a vendor or vendors selected pursuant to the Chapter 2.105 of the City Code for the purchase of three-phase padmount transformers with a cumulative total amount of $4,441,591 for the time period beginning on the date of this authorization through December 31, 2028, subject to the annual appropriation of funds and the review and approval as to form by City Attorney;

5. Authorize the City Manager to negotiate and issue purchase orders with a vendor or vendors selected pursuant to the Chapter 2.105 of the City Code for the purchase of capacitor banks with a cumulative total amount of $788,682 for the time period beginning on the date of this authorization through December 31, 2028, subject to the appropriation of funds; and

6. Authorize the City Manager to (a) take any actions as necessary to implement and administer the Conditions of Sale and purchase orders, and (b) negotiate and execute amendments to the Conditions of Sale and purchase orders, subject to the cumulative total amounts set forth above and the review and approval as to form by the City Attorney.

Finance Director Lee provided a Powerpoint presentation on the five purchase orders for Finance Department Central Warehouse purchases to replenish Silicon Valley Power Inventory funded by Electric Utility Funds.

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Council questions followed.

Finance Director Lee responded to Council questions.

Public Comment:

Brian Darby
A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to authorize the City Manager to negotiate and execute the attached Trayer Standard Conditions of Sale (Conditions of Sale) and issue purchase orders to Trayer Engineering Corporation for the purchase of five-position padmount switches with a cumulative total amount of $14,876,917 for the time period beginning on the date of this authorization through December 31, 2025, subject to the annual appropriation of funds and review and approval of the Conditions of Sale by the City Attorney; authorize the City Manager to issue purchase orders to The Okonite Company for the purchase of 1100 KCMil and 1/0 MCM cables with a cumulative total amount of $7,264,378 for the time period beginning on the date of this authorization through December 31, 2025, subject to the annual appropriation of funds; authorize the City Manager to negotiate and issue purchase orders to Fleming Electric, Inc. for the purchase of three-phase padmount transformers with a cumulative total amount of $2,792,704 for the time period beginning on the date of this authorization through December 31, 2028, subject to the annual appropriation of funds and the review and approval as to form by City Attorney; authorize the City Manager to negotiate and issue purchase orders with a vendor or vendors selected pursuant to the Chapter 2.105 of the City Code for the purchase of three-phase padmount transformers with a cumulative total amount of $4,441,591 for the time period beginning on the date of this authorization through December 31, 2028, subject to the annual appropriation of funds and the review and approval as to form by City Attorney; authorize the City Manager to negotiate and issue purchase orders with a vendor or vendors selected pursuant to the Chapter 2.105 of the City Code for the purchase of capacitor banks with a cumulative total amount of $788,682 for the time period beginning on the date of this authorization through December 31, 2028, subject to the appropriation of funds; and authorize the City Manager to (a) take any actions as necessary to implement and administer the Conditions of Sale and purchase orders, and (b) negotiate and execute amendments to the Conditions of Sale and purchase orders, subject to the cumulative total amounts set forth above and City of Santa Clara Page 18 Printed on 11/28/2023
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the review and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
5 -

Absent: 2 - Councilmember Chahal, and Vice Mayor Park

CONSENT ITEMS PULLED FOR DISCUSSION

4.E 23-1301 Action on Stadium Manager’s Request to Execute Agreement with Colony Landscape and Maintenance, Inc. for Sod Removal and Related Services at Levi’s Stadium
Recommendation:

1. Approve the Stadium Manager’s request to execute an agreement with Colony Landscape and Maintenance, Inc. to provide sod removal and related services at Levi’s Stadium for a three-year period beginning November 15, 2023 through November 14, 2026, in an amount not exceed $600,000 annually for the first and second contract year and $620,000 for the third contract year, for a total not to exceed amount of $1,820,000 over the three-year period, subject to budget appropriations; and

2. Authorize the Stadium Manager to exercise the option to extend the agreement with the same basic terms and conditions for two additional one-year periods, subject to budget appropriations.

Boardmember Watanabe pulled this item for discussion.

Board questions and comments followed.

Executive Director Grogan and Legal Counsel Googins responded to Board questions.

Public Comment:

Lee
Brian Darby
A motion was made by Boardmember Becker, seconded by
Boardmember Jain to approve staff recommendation.

Board discussion ensued.

Executive Director Grogan offered to return to the December 5 meeting to respond to Board questions.

Boardmember Becker withdrew his motion.

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REPORTS OF MEMBERS AND SPECIAL COMMITTEES/FUTURE AGENDA ITEMS Councilmember Hardy spoke about the Bay Area Water Supply and Conservation Agency (BAWSCA) and announced that the agency will be celebrating its 20th anniversary on November 16 at the Burlingame Community Center at 5:30 p.m.

Councilmember Watanabe reported the River of Life Church is hosting a Thanksgiving Feast for members of the community on November 18.

Councilmember Becker reported that November 13-19 is Transgender Awareness Week and that November 20 is Transgender Day which memorializes the victims of transphobic violence.

Councilmember Jain reported for Vice Mayor Park and announced that the Triton Museum will be hosting an artist talk with John Searny and Robert Crane on November 18 from 12:00 - 2:00 p.m. He also reported that the Triton Museum as well as a Holiday Art Faire on December 2 at 10:00 - 4:00 p.m.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT
City Manager/Executive Director Grogan stated there was no report.

ADJOURNMENT
A motion was made by Council/Boardmember Becker, seconded by Council/Boardmember Hardy, to adjourn the meeting at 9:13 p.m.

Aye: Council/Boardmember Watanabe, Council/Boardmember Hardy, Council/ Boardmember Jain, Council/Boardmember Becker, and Mayor/Chair Gillmor
5 -

Absent: 2 - Council/Boardmember Chahal, and Vice Mayor/Chair Park The next regular scheduled meeting is on Tuesday, December 5, 2023 in the City Hall Council Chambers.

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

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

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

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

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

LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC)
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-26 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Board of Library Trustees - August 7, 2023
Board of Library Trustees - September 11, 2023
Charter Review Committee - September 14, 2023
Charter Review Committee - September 21, 2023
Board of Library Trustees - October 2, 2023
Audit Committee - June 28, 2023
Youth Commission - October 10, 2023
Planning Commission - October 25, 2023
Parks & Recreation Commission - October 17, 2023
Senior Advisory Commission - October 23, 2023
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City of Santa Clara
Meeting Minutes
Board of Library Trustees
Board
Approved
6:00 PM Hybrid Meeting, Edinger Room
Central Park Library,
2635 Homestead Rd, Santa Clara, CA 95051
/Virtual Address
08/07/2023
The City of Santa Clara is conducting the Board of Library Trustees meeting in a hybrid manner (inperson and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca-gov.zoom.us/j/85864257230
Meeting ID: 858 6425 7230 or
o Phone: 1(669) 900-6833
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, please exit the meeting.

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Board of Library Trustees Meeting Minutes 08/07/2023

CALL TO ORDER AND ROLL CALL
Chair Evans called the meeting to order at 6:06 PM.

Management Analyst James announced that Trustee Broughman would be participating remotely under the provision of AB2449 due to illness.

Trustee Ricossa was Approved to Excuse.

Approved to Excuse
Trustee Leonne Broughman, Trustee Debbie Tryforos, Vice Chair Jan Hintermeister, and Chair Jonathon Evans
Present 4 -
Excused 1 - Trustee Stephen Ricossa

CONSENT CALENDAR
23-932 Action on the Meeting Minutes of June 5, 2023
Recommendation: Approve Meeting Minutes of April 3, 2023 A motion was made by Trustee Tryforos, Seconded by Vice Chair Hintermeister to approve the consent calendar.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, and Chair Evans
4 -
Excused: 1 - Trustee Ricossa

PUBLIC PRESENTATIONS
JoAnn Davis, Executive Director of the Santa Clara City Library Foundation and Friends, gave an update on Foundation booksales, and discussed planning in the near future a joint meeting of the Board of Library Trustees and the Board of the Foundation and Friends.

Tareq Faritous, a member of the community, expressed interest in Mission holding a booksale on Fridays and Saturdays, as well as interest in the Library holding more programs and extending hours.

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23-933 Election of a Chair and Vice Chair for the Board of Library Trustees Recommendation: Staff recommends that the Commission conduct an election for the roles of Chair and Vice-Chair the period of August 7, 2023 through June 30, 2024, or as soon thereafter as is practicable for holding the next Commission election.

Board of Library Trustees elected Chair Jonathon Evans to serve for another term as Chair of the Board, and for Vice Chair Jan Hintermeister to serve for another term as Vice Chair.

A motion was made by Trustee Tryforos, seconded by Vice Chair Hintermeister for Chair Evans to continue as Chair for another term.

A motion was made by Trustee Tryforos, seconded by Chair Evans for Vice Chair Hintermeister to continue as Vice Chair for another term.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, and Chair Evans
4 -
Excused: 1 - Trustee Ricossa
23-959 Update to the Board of Library Trustees 2023 Work Plan Recommendation: Approve and update the 2023 Board of Library Trustees Work Plan.

Board of Library Trustees and City Librarian Wong held discussion on the draft Work Plan items. More information will be forthcoming with instructions for the City Council/Board dinner scheduled in December.

Board voted to create a subcommittee to begin sharing ideas on how to prepare for the Board's dinner with City Council meeting and to identify Trustees to speak on different topics from the Work Plan.

A motion was made by Vice Chair Hintermeister, seconded by Trustee Tryforos, to create a subcommittee comprised of Chair Evans and Vice Chair Hintermeister, to explore ideas to share at the upcoming City Council Board of Library Trustees Dinner, and also to note that several Trustees had volunteered to cover specific topics. Trustee Broughman volunteered to look into Library Hours, Trustee Tryforos to look into the Communication plan, Chair Evans to cover General Plan and Alternative Funding, and Vice Chair Hintermeister to look into Strategic Plan and Board Development.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, and Chair Evans
4 -
Excused: 1 - Trustee Ricossa
City of Santa Clara Page 3 Printed on 09/20/2023

GENERAL BUSINESS
Board of Library Trustees Meeting Minutes 08/07/2023

STAFF REPORT

TRUSTEES REPORT

ADJOURNMENT
City Librarian Wong reviewed the ALA's 2022 13 Most Challenged Books List with the Board, and shared information on anti-PRIDE Month protesters at the Library in June.

Board asked for updates on the Community Survey, part of the Library's Strategic Planning Process. The Board requested a copy to review when the Community Survey is approved by the City Manager's Office. The Board expressed interest in how the community uses the Library, being explored in the Strategic Planning Process. The Board asked for more information on Banned Books and the Library's reconsideration process. Discussion was held on delays receiving books ordered through LINK+. The Board expressed interest in a joint meeting with the City of Santa Clara Cultural Commission, and agreed to follow up in the future after coordinating a joint meeting with the Santa Clara City Library Foundation and Friends Board.

The meeting was adjourned at 7:30 PM.

A motion was made by Trustee Broughman, seconded by Vice Chair Hintermeister, to adjourn the meeting.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, and Chair Evans
4 -
Excused: 1 - Trustee Ricossa
The Board of Library Trustees Meeting is adjourned to September 11, 2023, at 6:00 PM.

City of Santa Clara Page 4 Printed on 09/20/2023
Board of Library Trustees Meeting Minutes 08/07/2023
The time limit within which to commence any lawsuit or legal challenge to any quasiadjudicative 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.

City of Santa Clara Page 5 Printed on 09/20/2023

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Board of Library Trustees
Board
Approved
6:00 PM Hybrid Meeting, Central Park Library, Edinger Room 2635 Homestead Rd, Santa Clara, CA 95391
09/11/2023
Trustee Tryforos will be attending remotely from the following location:
1735 Long St., Santa Clara, CA 95050
The City of Santa Clara is conducting the Board of Library Trustees meeting in a hybrid manner (inperson and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca-gov.zoom.us/j/85864257230
Meeting ID: 858 6425 7230 or
o Phone: 1(669) 900-6833
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, please exit the meeting.

City of Santa Clara Page 1 Printed on 11/02/2023
Board of Library Trustees Meeting Minutes 09/11/2023

CALL TO ORDER AND ROLL CALL
Chair Evans called the meeting to order at 6:07 PM.

Management Analyst James read the teleconferencing statement for Trustee Tryforos and Trustee Tryforos confirmed that the agenda was posted at her remote location in accordance with the Brown Act and that there were no public members present at her remote location.

Trustee Leonne Broughman, Trustee Debbie Tryforos, Vice Chair Jan Hintermeister, Trustee Stephen Ricossa, and Chair Jonathon Evans Present 5 -

CONSENT CALENDAR

CONSENT ITEMS PULLED FOR DISCUSSION
1 23-1033 Action on the Board of Library Trustee Meeting Minutes of August 7, 2023 Recommendation: Approve the Board of Library Trustees Meeting Minutes of August 7, 2023 Chair Evans pulled this item for discussion.

A motion was made by Vice Chair Hintermeister, seconded by Trustee Broughman, to amend the minutes of the Board of Library Trustees meeting of August 7, 2023, to correct the motion for item 23-959 to reflect that Vice Chair Hintermeister had made a motion to create a subcommittee to explore ideas to share at the upcoming City Council Board of Library Trustees Dinner, and also to note that several Trustees had volunteered to cover specific topics. The two members of the committee were to be Vice Chair Hintermeister and Chair Evans. Trustee Broughman volunteered to discuss Library Hours, Trustee Tryforos will share the Communication plan, Chair Evans will cover interest in the General Plan and Alternative Funding, and Vice Chair Hintermeister will review the Library Strategic Plan and Board Development.

A motion was made by Vice Chair Hintermeister, seconded by Trustee Broughman, to approve the minutes as amended.

PUBLIC PRESENTATIONS
Patricia Wagner, Advocate for Adam Esa, gave a presentation to the Board on the topic of unhoused persons at the Library. Adam Esa drafted a sample hotel voucher form for Board consideration and recommended that the government should provide housing vouchers to the homeless for secure permanent housing. Adam Esa informed the Board that the City's Housing and Community Services Division was not aware of hotel vouchers, and that the Government should provide housing to the unhoused by law.

JoAnn Davis, Director of the Santa Clara City Library Foundation and Friends, gave a presentation to the Board about Foundation and Friends booksales and the need to increase revenue.

Tareq Faritous spoke on the sale of radio CD's in Central Park and the need for longer Library hours.

City Librarian Wong responded to several questions raised in public presentation and indicated that at the upcoming Art and Wine Festival at Central Park on September 16th, the Friends would be hosting a book sale, that the Bookmobile would represent the Library and promote the Community Survey, that on October 23rd the Library plans to expand public hours to 144 hours per week, and that story times would be presented at the same time weekly.

A motion was made by Chair Evans, seconded by Trustee Ricossa to suspend the time limit for public presentations.

A second motion was made by Trustee Broughman, seconded by Trustee Ricossa, to amend the previous motion to extend the time limit for public presentations to ten minutes.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
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Board of Library Trustees Meeting Minutes 09/11/2023
2 23-1035 Presentation from the Community Development Department on the Feasibility of Amending the City’s General Plan to Include Provisions Related to the Library
Recommendation: 1. Note and file the presentation from the Community Development Department staff.

2. Provide direction to staff on desired next steps.

Trustee Tryforos left at 7:32 PM.

Andrew Crabtree, Director of Community Development, and Reena Brilliot, Assistant Director of Community Development, presented to the Board on the City of Santa Clara's General Plan and other implementation tools such as ordinances. Director Crabtree provided information on the background of the General Plan and its functional use to set vision, goals and high level policy.

Director Crabtree's presentation provided additional information about the process, function, analysis, public feedback, public support, and costs required to amend the General Plan; the use of ordinances, policies, and the Library Strategic Plan and Facilities Master Plan as more precise tools for implementation. Director Crabtree provided information on impact fees, relevant state laws regarding use of fees, and nexus analysis requirements, and suggested the annual dinner with the City Council as a venue to raise priorities for discussion.

Outcomes of the presentation were recommendations to prepare discussion of priorities for dinner with City Council, to strategically prepare the RFP for the Facilities Master Plan to conduct analysis and establish standards that would lead to strong policymaking in future revisions of the General Plan.

Board held discussion and a motion was made by Chair Evans, seconded by Trustee Broughman, that when the City drafts the next General Plan revision that it include a larger section on Library services, and that City Staff work with the Board of Library Trustees on the wording for that process. The Board also agreed to introduce this concept to the Council at the upcoming meeting in December.

Aye: Trustee Broughman, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
4 -

Absent: 1 - Trustee Tryforos
City of Santa Clara Page 4 Printed on 11/02/2023

GENERAL BUSINESS
Board of Library Trustees Meeting Minutes 09/11/2023
3 23-1036 Monthly Update on Progress Made on the Board of Library Trustees’ 2023 Work Plan Items
Recommendation: It is recommended that the Board of Library Trustees note and file the August Monthly Update on the 2023 Workplan.

City Librarian Wong updated the Board on a draft revision of the New Trustee Handbook, part of the 2023 Board workplan, to be provided as post-meeting materials for review and discussion at the next regular meeting at the Board of Library Trustees. City Librarian Wong further indicated that progress updates to work plan topics would be addressed in the staff report.

Board had discussion and a motion was made by Chair Evans, seconded by Trustee Ricossa, to continue work plan updates in the staff report.

Aye: Trustee Broughman, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
4 -

Absent: 1 - Trustee Tryforos
4 23-1038 Action to Recommend Council Adoption of a Resolution to Establish the 2024 Calendar of Meetings for the Board of Library Trustees
Recommendation: RECOMMENDATION
Action to Recommend Council Adoption of a Resolution to Establish the 2024 Calendar of Meetings for the Board of Library Trustees
Reviewed by: Sami James, Management Analyst
Approved by: Patty Wong, City Librarian

ATTACHMENTS

1. Resolution 21-9016

2. 2024 Board of Library Trustees Meeting Calendar - Draft

3. Draft Resolution
Board reviewed the proposed Board of Library Trustees 2024 Meeting Calendar, and made an amendment to hold meetings at all three Library locations in 2024, rather than only at Central Park Library.

A motion was made by Chair Evans, seconded by Trustee Broughman, to approve the calendar with amendments to hold meetings at the Northside Branch in April, at the Mission Branch in June, at the Northside Branch in October, and at the Mission Branch in December of 2024. The remaining meeting dates will remain at Central Park Library.

Aye: Trustee Broughman, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
4 -
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Board of Library Trustees Meeting Minutes 09/11/2023

Absent: 1 - Trustee Tryforos
City of Santa Clara Page 6 Printed on 11/02/2023
Board of Library Trustees Meeting Minutes 09/11/2023

STAFF REPORT
City Librarian Wong gave a verbal report on activities and issues having an impact on the Library, as well as updates on work plan priorities.

City Librarian Wong informed the Board that on October 23rd the Library hopes to expand open hours to 144 hours per week, each location to be open 7-9 hours per day, 6 days per week. The expanded hours plan is under review by the City Manager, and recruitments to support expanded hours are in progress. New Assistant City Librarian Mila Rianto will start September 18th.

City Librarian Wong informed the Board that the Library's Community Survey is open through September 23rd, and the Strategic Plan timeline has been updated, ratification pending. The Board was informed that at the December 4th Board of Library Trustees meeting, Strategic Plan consultants Fast Forward Libraries will share the Learning Report results with the Board.

City Librarian Wong informed the Board that their dinner with City Council is scheduled for December 5th at 5:00PM.

City Librarian Wong informed the Board that a draft New Trustee Handbook will be added to post meeting material, and feedback will be reported at next Board meeting.

City Librarian Wong recommended that the Board liaison to the Santa Clara City Library Foundation and Friends Board be selected in the next upcoming board meeting, as per Board interest.

City Librarian Wong recommended that a work plan for 2024 be drafted to repeat the priorities of the 2023 work plan, to be reviewed by the Board at the next upcoming board meeting, for the Board to review and ratify or amend.

City Librarian Wong recommended that staff provide some data about Library services and usage for the Board at future board meetings.

City Librarian Wong provided an update to the Board that the next steps for the cafe in Central Park Library are still in review, and that the EV charger replacement outside Central Park Library is being coordinated with a separate concrete repair project.

Per Board interest, several books from the American Library Association's City of Santa Clara Page 7 Printed on 11/02/2023
Board of Library Trustees Meeting Minutes 09/11/2023

TRUSTEES REPORT

ADJOURNMENT
(ALA's) 2023 Most Challenged Books List were shared at the meeting. The Board will receive an update on the Reconsideration Process and Intellectual Freedom at a future meeting, per Board interest.

Based on the Public Presentation provided by Patricia Wagner and Adam Esa, the Board will add homelessness to a future Board agenda.

The meeting was adjourned at 8:40PM.

A motion was made by Trustee Broughman, seconded by Trustee Ricossa, to adjourn the meeting in memory of lives lost on September 11, 2001.

Aye: Trustee Broughman, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
4 -

Absent: 1 - Trustee Tryforos
The Board of Library Trustees Meeting is adjourned to October 2, 2023, at 6:00 PM.

City of Santa Clara Page 8 Printed on 11/02/2023
Board of Library Trustees Meeting Minutes 09/11/2023
The time limit within which to commence any lawsuit or legal challenge to any quasiadjudicative 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.

City of Santa Clara Page 9 Printed on 11/02/2023

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Board of Library Trustees
Board
Approved
6:00 PM Hybrid Meeting, Edinger Room, Central Park Library, 2635 Homestead Rd, Santa Clara, CA 95051
10/02/2023
The City of Santa Clara is conducting the Board of Library Trustees meeting in a hybrid manner (inperson and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca-gov.zoom.us/j/85864257230
Meeting ID: 858 6425 7230 or
o Phone: 1(669) 900-6833
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, please exit the meeting.

CALL TO ORDER AND ROLL CALL
Chair Evans called the meeting to order at 6:04 PM.

Trustee Leonne Broughman, Trustee Debbie Tryforos, Vice Chair Jan Hintermeister, Trustee Stephen Ricossa, and Chair Jonathon Evans Present 5 -

CONSENT CALENDAR
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Board of Library Trustees Meeting Minutes 10/02/2023

PUBLIC PRESENTATIONS

GENERAL BUSINESS
1 23-1170
Tareq Faritous, community member, spoke on the expansion of hours on October 23, 2023, the need to hire additional staff, and inquired how long it would be until more programming would be available.

John Tello, student and local historian, attended the meeting and introduced himself to the Board.

JoAnn Davis, Executive Director of the Santa Clara City Library Foundation and Friends, updated the Board on the Foundation's booth at the Parade of Champions, an upcoming book sale, and Comic Con Lite.

Action to Recommend City Council Acceptance of the FY 2023/24 California Library Literacy Services (CLLS) Grant Awards for Read Santa Clara for a Total Amount of $169,115 and the Related Budget Amendment
Recommendation: That the Board of Library Trustees recommend that the City Council Accept the FY 2023/24 California Library Literacy Services (CLLS) Grant Awards in the Amount of $169,115 for Read Santa Clara, the Library’s Adult and Family Literacy Program and the Related Budget Amendment as described in this Report.

City Librarian Wong informed the Board that this is the largest CLLS grant the Library has received, demonstrating the good work of the program. Discussion was held on the use of the grant to support the Read Santa Clara literacy program.

A motion was made by Trustee Broughman, seconded by Chair Evans, to recommend that City Council accept the grant.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
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2 23-1206 Discussion and Action on a Board of Library Trustee 2023 Workplan Update for the Joint Council/Board Annual Dinner and Initial Discussion and Action on Work Plan Goals and Activities for 2024
Recommendation: It is recommended that the Board:

1. Review and discuss the Board accomplishments to be included in the report for the joint Council/Board dinner meeting update.

2. Approve the Chair (or an alternate) to present the report on behalf of the Committee

3. Review and discuss the status of 2023 workplan goals, identify which should be carried over for 2024 and if it is necessary to add additional goals for 2024
City Librarian Wong provided information to the Board about the upcoming dinner with City Council on December 5, 2023. The Board and City Librarian Wong discussed talking points for the dinner and planned to review Board accomplishments since COVID. The Trustees assigned themselves topics to discuss with Council at the dinner, and agreed to be prepared to give a presentation at the next Board meeting in order to prepare: Trustee Broughman to speak on expanded hours, Trustee Ricossa and Chair Evans to provide an overview of Board accomplishments and to speak on the General Plan, Chair Evans to speak on alternative funding, Trustee Tryforos to speak on communications, and Vice Chair Hintermeister to speak on board development and the strategic plan.

A motion was made by Trustee Broughman, seconded by Trustee Ricossa, to document the Trustees assignments for the dinner with City Council, and for Trustees to be prepared to give a presentation of their talking points at the next meeting.

A motion was made by Trustee Broughman, seconded by Trustee Tryforos, to request staff proceed to draft a work plan for 2024 for the Board to review at the next meeting.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
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Board of Library Trustees Meeting Minutes 10/02/2023
3 23-1207 Discussion and Action on the Selection of a Member of the Board of Library Trustees to Serve as a Liaison to the Board of the Santa Clara City Library Foundation and Friends Board of Directors for the period of 2024 Recommendation: Recommend that the Board of Library Trustees discuss and approve the selection of a member of the Board of Library Trustees to serve as a liaison to the Santa Clara City Library Foundation and Friends (SCCLFF) Board of Directors.

Reviewed by: Sami James, Management Analyst
Approved by: Patty Wong, City Librarian
Trustee Ricossa abstained from the vote, due to his position as President of the Santa Clara City Library Foundation and Friends Board of Directors.

A motion was made by Trustee Broughman, seconded by Chair Evans, to nominate Trustee Tryforos to serve as a liaison to the Santa Clara City Library Foundation and Friends Board of Directors.

Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, and Chair Evans
4 -
Abstained: 1 - Trustee Ricossa

STAFF REPORT

TRUSTEES REPORT

ADJOURNMENT
City Librarian Wong informed the Board of informational resources the Library can provide to unhoused persons, following up on the address at the September 11, 2023 Board meeting by unhoused patron Adam Esa.

City Librarian Wong provided information to the Board on Library data and statistics including cardholder, patron visit and circulation data.

City Librarian Wong provided information to the Board on Library recruitments.

The meeting was adjourned at 8:22 PM.

A motion was made by Trustee Broughman, seconded by Trustee Tryforos, to adjourn the meeting.

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Aye: Trustee Broughman, Trustee Tryforos, Vice Chair Hintermeister, Trustee Ricossa, and Chair Evans
5 -
The Board of Library Trustees Meeting is adjourned to November 6, 2023, at 6:00 PM.

City of Santa Clara Page 5 Printed on 11/02/2023
Board of Library Trustees Meeting Minutes 10/02/2023
The time limit within which to commence any lawsuit or legal challenge to any quasiadjudicative 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.

City of Santa Clara Page 6 Printed on 11/02/2023

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Audit Committee
Draft
2:00 PM Hybrid Meeting
Council Conference Room/Virtual
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
06/28/2023
The City of Santa Clara is conducting the Audit Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).

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

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

US: +1 669 900 6833

CALL TO ORDER AND ROLL CALL
Chairperson Park called the meeting to order at 2:08 PM.

Present 3 - Kathy Watanabe, Kevin Park, and Suds Jain

GENERAL BUSINESS
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1. 23-833 Overview of the Contracted Analysis of Past Stadium Construction Fund and Public Safety Transactions
Recommendation: Accept the report from J.S. Held LLC based on their review of construction fund and public safety transactions for the period November 10, 2013 through October 11, 2015, and recommend that these reports be forwarded for note and file to the full Council at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Timothy Gillihan, Senior Vice President of J.S. Held presented results.

Committee Members' questions and comments followed.

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

A motion was made by Member Jain, seconded by Chair Park, to accept the report from J.S. Held and recommend that these reports be forwarded for note and file to the full Council at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Member Watanabe did not support Member Jain's motion because the Harvey Rose report is not complete and there are still outstanding questions. The motion carried by the following vote:

Aye: 2 - Park, and Jain
Nay: 1 - Watanabe
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2. 23-669 Accept the Report on the Santa Clara Stadium Authority’s Non-NFL Events’ Documents by JS Held, LLC and Refer the Report to the Stadium Authority Board for Acceptance
Recommendation: Accept the Report on the Santa Clara Stadium Authority’s Non-NFL Events’ for fiscal years 2018, 2019, and 2020 by JS Held, LLC and recommend that this report be forwarded for note and file to the full Council at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Timothy Gillihan, Senior Vice President of JS Held gave a Powerpoint presentation.

Committee Members' questions and comments followed.

Audit Manager Noce and Timothy Gillihan addressed the Committee Members' questions.

A motion was made by Member Jain, seconded by Chair Park, to accept the report and direct staff to update information and examples in the presentation indicating why examples are from an earlier period and/or provide newer examples and refer the report for note and file at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting. Member Watanabe did not support Member Jain's motion due to an incomplete report. The motion carried by the following vote:

Aye: 2 - Park, and Jain
Nay: 1 - Watanabe
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3. 23-742 Accept the Report on the Review of the 2019 College Football Playoff Game Revenues and Expenses Performed by the PUN Group and Refer the Report to the Stadium Authority Board for Acceptance Recommendation: Accept the report from The PUN Group based on their review of the revenues and expenses related to the 2019 College Football National Championship Game and recommend that the report be forwarded for note and file to the full Council at a future joint Council and Authorities Concurrent and Stadium Authority Meeting.

A motion was made by Member Watanabe to not accept the report and explore additional procedures and look further into the findings for a clearer report. The motion failed due to a lack of a second.

A motion was made by Member Jain, seconded by Chair Park, to accept the report from the PUN Group and recommend that the report be forwarded for note and file to the full Council at a future joint Council and Authorities Concurrent and Stadium Authority Meeting with clarification on public safety costs and that they were reimbursed. The motion carried by the following vote:

Aye: 2 - Park, and Jain
Nay: 1 - Watanabe

ADJOURNMENT
Chair Park adjourned the meeting at 4:56 PM.

Meeting was adjourned by consensus.

Future Audit Committee Meetings will be scheduled at a later date.

MEETING DISCLOSURES
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Audit Committee Meeting Minutes 06/28/2023
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.

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

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

City of Santa Clara Page 5 Printed on 10/11/2023
City of Santa Clara
Meeting Minutes
Youth Commission
Draft
7:00 PM Cafeteria
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
10/10/2023
Special Meeting with Senior Advisory Commission
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the majority of the Youth Commission calls for a Combined Youth Commission and Senior Advisory Commission Meeting, to commence and convene on October 10, 2023, at 7:00 p.m. for a Special Meeting to be held in the City Hall Cafeteria located in the East Wing - Lower Level of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.

CALL TO ORDER AND ROLL CALL
The meeting was called to order by Chair Maben at 7:00pm.

Commissioner Simren Garg, Commissioner Fatimah Ismail,
Commissioner Namita Gaidhani, Commissioner Maryam Ismail, Commissioner Khadeejah Khan, Commissioner Kira Liang,
Commissioner Keith Maben, Commissioner Malia Martin,
Commissioner Hiranya Parekh, and Commissioner Samarth Suresh Present 10 -
Commissioner Aarav Gupta , Commissioner Ryan Kim,
Commissioner Samaira Mehta, Commissioner Sudeepthi Ravipati, and Commissioner Sarah Zuo
Absent 5 -
Members of the Senior Advisory Commission present included: Chair Judy Hubbard, Vice Chair Edmund Drozek, Commissioners Rick Andrews and Tom Freitas.

A motion was made by Commissioner Fatimah Ismali, seconded by Commissioner Parekh to excuse Commissioner Gupta,
Commissioner Kim, Commissioner Mehta, Commissioner Ravipati, Commissioner Zuo from the October 10th meeting. The motion carried by the following vote:

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Youth Commission Meeting Minutes 10/10/2023

Absent: Commissioner Gupta, Commissioner Kim, Commissioner Mehta, Commissioner Ravipati, and Commissioner Zuo
5 -

CONSENT CALENDAR

1.A 23-1197 Youth Commission Minutes of September 12, 2023 A motion was made by Commissioner Gaidhani, seconded by Commissioner Parekh, that this item be recommended for approval. (No action taken by the Senior Advisory Commission).

The motion carried by the following vote:

Aye: Commissioner Garg, Commissioner Ismail, Commissioner Gaidhani, Commissioner Ismail, Commissioner Khan, Commissioner Liang, Commissioner Maben, Commissioner Martin, Commissioner Parekh, and Commissioner Suresh
10 -
Excused: Commissioner Gupta, Commissioner Kim, Commissioner Mehta, Commissioner Ravipati, and Commissioner Zuo
5 -

1.B 23-1225 Adopt Youth Commission Calendar of Meetings for 2024 A motion was made by Commissioner Mehta, seconded by
Commissioner Martin, that this item be recommended for approval. (No action was taken by the Senior Advisory Commission).

The motion carried by the following vote:

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

2. 23-1198 Informational Presentation and Discussion on the Proposed Community Art Center Project in the Patrick Henry Drive Specific Plan Area The Commissioners received an informational presentation on the proposed Community Art Center Project in the Patrick Henry Drive specific City of Santa Clara Page 2 Printed on 10/20/2023
Youth Commission Meeting Minutes 10/10/2023
plan area.

Project Consultants presented the project overview, vision, and schedule for Community engagement. Youth Commissioners and Senior Advisory Commissioners provided ideas on the use of the Art Center.

STAFF REPORT
None

COMMISSIONERS REPORT
None

ADJOURNMENT
A motion was made to adjourn Commissioner Suresh, seconded by Commissioner Parekh, that this meeting be adjourned at 7:47 p.m. (No action was taken by the Senior Advisory Commission).

The motion carried by the following vote:

MEETING DISCLOSURES
City of Santa Clara Page 3 Printed on 10/20/2023
Youth Commission Meeting Minutes 10/10/2023
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.

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

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

City of Santa Clara Page 4 Printed on 10/20/2023
City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
10/25/2023
The City of Santa Clara is conducting Planning Commission meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment (available during the meeting) The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

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

Agendas, Staff Reports and associated documents for Planning Commission items may be viewed on the City's website at https://santaclara.legistar.com/Calendar.aspx 6:00 PM REGULAR MEETING
Call to Order
Secretary Bouza called the meeting to order at 6:09 pm
Pledge of Allegiance and Statement of Values
Commissioner Biagini read the Pledge of Allegiance and Statement of Values.

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Roll Call
It was announced that Chair Cherukuru would be joining the meeting late.

Commissioner Nancy A. Biagini, Commissioner Qian Huang, Commissioner Mario Bouza, Commissioner Lance Saleme, and Commissioner Eric Crutchlow
Present 5 -
Absent 2 - Vice Chair Yashraj Bhatnagar, and Chair Priya Cherukuru A motion was made by Commissioner Biagini, seconded by
Commissioner Huang to excuse Commissioner Bhatnagar from the meeting.

Aye: Commissioner Biagini, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -

Absent: 2 - Vice Chair Bhatnagar, and Chair Cherukuru

DECLARATION OF COMMISSION PROCEDURES
Commissioner Biagini read the Declaration of Commission Procedures.

CONTINUANCES/EXCEPTIONS
None.

CONSENT CALENDAR
A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme to Approve the Consent Calendar.

Commissioner Biagini abstained from voting on Item 1.A as she was not in attendance at that meeting.

Aye: Commissioner Biagini, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: 1 - Vice Chair Bhatnagar

Absent: 1 - Chair Cherukuru

1.A 23-879 Planning Commission Meeting Minutes of October 11, 2023 Meeting Recommendation: Approve the Planning Commission Special Meeting Minutes of the October 11, 2023 Meeting
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1.B 23-1135 Time Extension of a Use Permit and Architectural Review for construction of a six-story 396-room hotel with associated on-site Alcohol Beverage Sales and live indoor music entertainment at 312 Brokaw Road and 1240 and 1290 Coleman Avenue
Recommendation: 1. Adopt a Resolution to approve a two-year Time Extension of the Use Permit entitlement to allow construction of a 396-room hotel on a Light Industrial (ML) zoned project site and provide on-site alcohol beverage sales (Type 47 License) and live indoor music
entertainment at 312 Brokaw Road and 1240 and 1290 Coleman Avenue.

2. Adopt a Resolution to approve a Time Extension for the Architectural Review entitlement for site and building design of the hotel project.

PUBLIC PRESENTATIONS
None.

Chair Cherukuru joined the meeting at 6:23 pm.

PUBLIC HEARING
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2. 23-1115 Action on the Downtown Precise Plan, Downtown Form Based Zoning Code, Related Amendments to the General Plan, and Associated Environmental Impact Report and Mitigation Monitoring and Reporting Program.

Recommendation: That the Planning Commission adopt Resolutions recommending that the City Council:

1. Adopt a resolution approving and certifying the Final EIR prepared for the Santa Clara Downtown Precise Plan (SCH # 2022010282), including CEQA Findings and a Statement of Overriding
Considerations.

2. Adopt a resolution approving the Downtown Precise Plan.

3. Adopt a resolution approving a General Plan text amendment to modify the Downtown Core land use designation, and amending the General Plan Land Use diagrams for Phases II and III to reflect the Downtown Precise Plan.

4. Adopt an ordinance amending the zoning code to create the Downtown Zoning district.

Planning Manager Lesley Xavier provided the Staff presentation.

Commissioners discussed several items including:

If the State be involved and have the ability to make changes to the Form Based Zoning Code
Assistant City Attorney Alexander Abbe stated that the City is addressing current State laws; questions and concerns regarding what type of retail would be allowed in this Downtown area; how would community benefits be addressed. Commissioners expressed concerns regarding who the developer would be for this area; Downtown needs to be a destination; a need for grocery stores, the number of housing units, need for a vibrant arts common area; possibly having a partnership or sponsorship with EV supercharger area; the need for wide sidewalks.

Chair Cherukuru stated this was a historic moment and thanked staff, DCTF and HLC for their time and effort and mentioned the need for historic preservation and strict enforcement of the Form Based Zoning Code.

Chair also requested the Youth Commission be involved in this project.

Public Speakers:

Adam Thompson
Steve Ringer
Dan Ondrasek
Jonathon Evans
Sally Welsh
Rob Mayer
Noah McDonald
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Debra von Huene
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close Public Hearing.

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

Aye: Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
6 -
Excused: 1 - Vice Chair Bhatnagar
A motion was made by Commission Huang, seconded by
Commissioner Biagini to approve Staff Recommendation 2.

Aye: Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
6 -
Excused: 1 - Vice Chair Bhatnagar
A motion was made by Commissioner Crutchlow, seconded by Commissioner Bouza to approve Staff Recommendation 3.

Aye: Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
6 -
Excused: 1 - Vice Chair Bhatnagar
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items
Chair Cherukuru acknowledged the City Council Proclamation designating October as Community Planning Month in which staff and commissioners are acknowledged for their contributions to the Community Development Department and Planning efforts in the City of Santa Clara.

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2. Commissioner Travel and Training Reports, Requests to attend Trainings A motion was made by Commissioner Bouza, seconded by
Commission Huang to expend funds for up to two
commissioners to attend the Conference and to include
overnight accommodations costs due to the commute time
involved.

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

Absent: 1 - Vice Chair Bhatnagar

3. 23-1326 CLE CEQA Conference- December 7-8, 2023 in San Francisco, CA Recommendation: Determine Commissioner attendance at upcoming Conference and vote to expend funds for registration and associated costs.

Conference Registration is $995 per person or $895 for 2 or more participants.

DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

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

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

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

ADJOURNMENT:

The meeting adjourned at 8:29 pm. The regular scheduled meeting on November 8, 2023 has been canceled, then next meeting is a Special Meeting on November 15, 2023 at 6 pm in the Council Chambers and via Zoom.

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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.

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

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

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Planning Commission Meeting Minutes 10/25/2023
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara Page 8 Printed on 11/16/2023
City of Santa Clara
Meeting Minutes
Charter Review Committee
Final
7:00 PM Hybrid Meeting
Central Park Library, Redwood Room/Virtual
2635 Homestead Road
Santa Clara, CA 95051
09/21/2023
The Santa Clara Charter Review Committee is conducting its meetings in a hybrid manner (in-person and a method in which the public may participate remotely). • Via Zoom: https://santaclaraca.zoom.us/j/86317561077
• Webinar ID: 863 1756 1077
• By phone: 1 (669) 900-6833
How to Submit Written Public Comment Before Charter Review Committee Meeting:

By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Committee and will be uploaded to the Charter Review Committee Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.

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

CALL TO ORDER AND ROLL CALL
Chair Houston called the meeting to order.

Member Clysta Seney, Vice Chair Chiragkumar Patel, Member Christine Koltermann, Member Joyce Davis, Chair Jeff Houston, Member Daniel Huynh, and Member Satish Chandra
Present 7 -

PUBLIC PRESENTATIONS

GENERAL BUSINESS

1. 23-1156 Staff Response to Questions from the 2023 Charter Review Committee Recommendation: It is recommended that the Committee note and file the staff report.

A motion was made by Member Koltermann, seconded by Member Huynh, to note and file the staff report.

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Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
7 -
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2. 23-1165 Discussion and Action on Preliminary Committee Recommendations on Charter Provisions Related to the Elected Chief of Police and City Clerk Recommendation: It is recommended that the Committee:

1. Provide direction to staff on the preferred option(s) and request that staff bring forward the appropriate draft ballot language for review and consideration by the Committee at its October 17, 2023 meeting.

Assistant City Manager Cynthia Bojorquez led the Committee Members through a decision-making map related to the questions before the Committee (RTC 23-1165, Attachment 1: "Decision-Making Map for Chief of Police and City Clerk"). During her instructions, Assistant City Manager Bojorquez stated that the goal of the process was to provide direction to City Staff prior to the final Committee meeting.

Votes were taken at each step of the decision-making map for both the City Clerk and Chief of Police positions.

Member Davis, Member Seney, Chair Houston, Vice Chair Patel, Member Huynh, and Member Koltermann voted that as of the Sept. 21, 2023 meeting, they were inclined to recommend to the City Council that the position of City Clerk be appointed. Member Chandra voted that as of the Sept. 21, 2023 meeting, he was inclined to recommend to the City Council that the position of City Clerk be elected.

All Committee members voted that as of the Sept. 21, 2023 meeting, they were inclined to recommend to the City Council that if the City Clerk position is appointed, the appointing authority be the City Manager.

Member Davis, Member Seney, Chair Houston, Vice Chair Patel, Member Huynh, and Member Koltermann voted that as of the Sept. 21, 2023 meeting, they were inclined to recommend to the City Council that the position of Chief of Police be appointed. Member Chandra voted that as of the Sept. 21, 2023 meeting, he was inclined to recommend to the City Council that the position of Chief of Police be elected.

All Committee members voted that as of the Sept. 21, 2023 meeting, they were inclined to recommend to the City Council that if the Chief of Police position is appointed, the appointing authority be the City Manager.

Public Comment was received from Wesley Mukoyama, Gary Bondaug, and two individuals who did not provide their names.

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STAFF REPORT
Assistant City Manager Bojorquez provided preliminary information on the Community Survey.

ADJOURNMENT
A motion was made by Member Huynh, seconded by Member
Koltermann, to adjourn the meeting at 9:05 p.m.

MEETING DISCLOSURES
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Charter Review Committee Meeting Minutes 09/21/2023
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.

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

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

City of Santa Clara Page 5 Printed on 10/26/2023
City of Santa Clara
Meeting Minutes
Charter Review Committee
Final
7:00 PM Hybrid Meeting
Central Park Library, Redwood Room
2635 Homestead Rd
Santa Clara, CA 95051
09/14/2023
The City of Santa Clara is conducting Charter Review Committee meetings in-person and continues to have methods for the public to participate remotely or in-person. • Via Zoom: https://santaclaraca.zoom.us/j/88263757862
• Webinar ID: 882 6375 7862
• By phone: 1 (669) 444-9171
To submit written public comment before meeting:

Send email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to Committee members and will be uploaded as supplemental meeting material.

Note: Emails received as public comment will not be read aloud during the meeting.

CALL TO ORDER AND ROLL CALL
Chair Houston called the meeting to order at 7:00 p.m.

Deputy City Clerk Michelle Estabillo announced that Committee Member Chandra would be participating virtually under the AB 2449 provision “Just Cause” due to an illness.

Member Clysta Seney, Vice Chair Chiragkumar Patel, Member Christine Koltermann, Member Joyce Davis, Chair Jeff Houston, Member Daniel Huynh, and Member Satish Chandra
Present 7 -

PUBLIC PRESENTATIONS
There were no public presentations.

GENERAL BUSINESS
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1. 23-1121 Presentation on the Attributes and Constraints of an Elected and an Appointed Chief of Police and City Clerk
Recommendation: It is recommended that the Committee:

1. Note and file the presentations

2. Provide direction to staff on additional research information that may be desired in light of the August 24 and September 14 presentations in advance of the September 21 Committee meeting.

Town Clerk Wendy Wood and retired Chief of Police Max Bosel presented on their experiences as appointees in the positions of City Clerk and Chief of Police, respectively.

Comments and questions were asked by the Committee.

Public Comment on the elected City Clerk position was heard from Teresa O'Neill and Gary Bondaug.

Public Comment on the elected Chief of Police position was heard from Gary Bondaug, Wesley Mukoyama, and Reverend Jethroe Moore II.

Chair Houston thanked the speakers for their participation.

2. 23-1118 Community Forum on Whether to Consider Charter Change(s) to the City of Santa Clara Elected Positions of Police Chief and City Clerk Recommendation: Note and file community input.

Public Comment was received from Pilar Furlong, Wesley Mukoyama, LaDonna Yumori-Kaku, Reverend Jethroe Moore II, Sean Allen, Gary Bondaug, Teresa O'Neill, Hosam Haggag, and Wesley Mukoyama.

3. 23-1119 Reconsideration of the Committee Action Taken August 24, 2023 on the Minutes of the August 10, 2023 Charter Review Committee Meeting Recommendation: Staff recommends that the Charter Review Committee approve the minutes for the August 10, 2023 meeting as originally submitted at the August 24, 2023 meeting.

A motion was made by Member Seney, seconded by Vice Chair Patel, to approve the minutes of the August 10, 2023 Charter Review Committee Meeting.

4. 23-1120 Action on the Minutes of the August 24, 2023 Charter Review Committee Meeting
Recommendation: Approve the Charter Review Committee Minutes of the August 24, 2023 meeting.

A motion was made by Member Seney, seconded by Member Davis, to approve the minutes of the August 24, 2023 Charter Review Committee Meeting.

Aye: Member Seney, Vice Chair Patel, Member Koltermann, Member Davis, Chair Houston, Member Huynh, and Member Chandra
7 -

STAFF REPORT
Assistant City Manager Cynthia Bojorquez gave an overview of the format for the upcoming September 21, 2023 Charter Review Committee meeting.

ADJOURNMENT
A motion was made by Member Davis, seconded by Member Seney, to adjourn the meeting at 8:37 p.m.

MEETING DISCLOSURES
City of Santa Clara Page 3 Printed on 10/26/2023
Charter Review Committee Meeting Minutes 09/14/2023
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.

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

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

City of Santa Clara Page 4 Printed on 10/26/2023
City of Santa Clara
Meeting Minutes
Parks & Recreation Commission
Draft
7:00 PM Hybrid Meeting
Cafeteria - City Hall East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
10/17/2023
The City of Santa Clara is conducting the Parks & Recreation Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).

Via Zoom:
https://santaclaraca.zoom.us/j/91316665755
Meeting ID: 913 1666 5755
Or join by phone: 669-900-6833

CALL TO ORDER AND ROLL CALL
Chair Caldwell called the meeting to order at 7:07 PM.

Chair Dana Caldwell, Commissioner Maureen Chu, Commissioner Eversley Forte, Commissioner Kelly Cox, Vice Chair Sajid Hai, Commissioner Brittany Ricketts, and Commissioner Vikas Gupta Present 7 -

CONSENT CALENDAR

1.A 23-1212 Action on the Parks & Recreation Commission Minutes of the September 19, 2023 Meeting
Recommendation: Approve the Parks & Recreation Commission Minutes of the September 19, 2023 Meeting.

Commissioner Forte made a motion, seconded by Vice-Chair Hai, to approve the September 19, 2023 Minutes of the Meeting as amended.

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -

PUBLIC PRESENTATIONS
There was no public presentation for this meeting.

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GENERAL BUSINESS

2. 23-1209 Consideration of the Schematic Design - Master Plan for the New Public Neighborhood Park at 2200 Calle Del Luna (Holland Partner Group - Tasman East Specific Plan)
Recommendation: Recommend that Council approve the proposed Schematic Design - Master Plan for the New Public Neighborhood Park at 2200 Calle De Luna.

Commissioner Chu made a motion, seconded by Vice-Chair Hai, to recommend that Council approve the proposed Schematic Design - Master Plan for the New Public Neighborhood Park at 2200 Calle De Luna.

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -

3. 23-1223 Parks & Recreation Commission Calendar of Meetings for 2024 (Continued from September 19, 2023)
Recommendation: Recommend that Council Approve a Resolution to Set the Parks & Recreation Commission Calendar of Meetings for 2024.

Vice-Chair Hai made a motion, seconded by Commissioner Forte, to recommend that Council approve a Resolution to set the Parks & Recreation Commission Calendar of Meetings for 2024.

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -

4. 23-1224 Recommend Nominee(s) for Consideration as the “2023 Honorary Holiday Tree Lighter” for the Annual Holiday Tree Lighting Ceremony on Friday, December 1, 2023. (Continued from September 19, 2023)
Recommendation: Staff has no recommendation.

Commissioner Chu made a motion, seconded by Vice-Chair Hai, to recommend Ana Vargas-Smith as the Nominee for consideration as the "2023 Honorary Holiday Tree Lighter" for the Annual Holiday Tree Lighting Ceremony on Friday, December 1, 2023.

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -
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5. 23-1213 Develop Initial Draft of the Commission Work Plan Goals and Activities for FY2023/24 (Continued from September 19, 2023)
Recommendation: Develop a Parks & Recreation Commission Work Plan for FY2023/24 including goals, supporting activities and subcommittee assignments.

Vice-Chair Hai made a motion, seconded by Commissioner Gupta, to adopt as amended, the work plan goals from the previous FY for FY2023/24 with the addition of work plan goal, (E) Participate in the Parks & Recreation Master Plan process.

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -
Adopt Work Plan Goals for FY2023/24.

Commissioner Chu made a motion, seconded by Vice-Chair Hai, to approve all work plan goals for FY2023/24. A: 1) Review park site and facility condition assessments and recommend priorities given existing and anticipated service levels and available resources; B:
1) Review and solicit community input on the existing City park rehabilitation projects based on the current Capital Improvement Program (CIP) Budget and schedule; and 2) review residential developer proposed schematic designs for new neighborhood parks that serve new residential development; C: 1) Host and develop recommendations for the annual Santa Clara Art & Wine Festival 2024; and 2) participate in Citywide Special events; D: 1) Partner with at least one other City commission to build on/expand at least one existing Parks & Recreation event by adding one extra element for patrons to interact with during the event; and E: 1) Participate in the Parks & Recreation Master Plan process.

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -
Creation of Subcommittees
Vice-Chair Hai made a motion, seconded by Commissioner Chu, to create subcommittees with staff support, spearheaded by Commissioners Chu, Hai, and Gupta. This item is to be continued in the November 21, 2023 Parks & Recreation Commission meeting.

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -
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STAFF REPORT
Acting Director Dale Seale updated the Commission regarding the following parks: Fairway Glen Restroom installation is continuing. Warburton Park and Henry Schmidt Park: both consultants for the respective parks are in their initial schematic design stage. The Central Park Entrance Project is at about 95% of construction plans and estimates, and it is being reviewed by city departments. Magical Bridge All-Inclusive Playground Project is progressing on schedule, and those who are visiting Central Park can see the progress with construction. Westwood Oaks Park Playground Rehabilitation Project construction is underway. For more information regarding park improvements and developer park projects, please see the Park Projects page on the City of Santa Clara website. The Montague Park Building is almost finished, and soft opening is expected at the end of the year.

Recreation Manager Kimberly Castro advised the Commission that they should have received an invitation to attend the ethics training by the City Attorney which will be on Thursday, October 26, from 5 p.m. to 8 p.m., in Council Chambers. On Thursday, October 19, the Senior Center is celebrating Oktoberfest, from 12 noon to 1 p.m., and all commissioners are welcome to come. Summer Concerts in the Park series and Sunset Cinemas have wrapped up for the calendar year. Manager Castro thanked commissioners for their participation, attendance, and support.

A question was raised about the ethics training: If one has already taken the ethics training online, is the October 26 training still required, or optional? The ethics training is not required. However, the training is comprehensive and will cover such topics as: Ethics Principles, Conflicts of Interest Laws, Perquisites and Temptations of Office, Government Transparency Laws, and Fair Process Laws. All city boards, commissions, committees, staff and the community, are invited to attend.

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COMMISSIONERS REPORT
Commissioner Chu attended the last of the Concert at the Park series at the North Side. Commissioner Chu shared that her neighbors in the north side of the City were excited for all the events on their side of town. Many of them didn't know about the concerts, heard the music, and came out. Everybody was saying, “I thought this is only at Central Park.” Commissioner Chu also thanked staff for getting the Agnews Historic Park restrooms opened according to the established city park schedule. Her neighbor who inquired about this was very happy. Her Girl Scout Troop continues to meet at the Lick Mill Park building, which is a great resource.

Commissioner Cox thanked everyone for the Art & Wine Festival efforts. She shared that she has had a sighting of a cayote at Ulistac Park. Commissioner Cox also mentioned about the mechanical horse public art display joint venture of Santa Clara University’s School of Engineering, College and Science and the Performing Arts Center and the City of Santa Clara. The City contributed the most to the art installation; the horse is on display at the Sobrato Campus for Diversity and Inclusion (SCDI). It's one of these partnerships where we are trying to get more people to venture onto campus and check out things.

Commissioner Cox was glad that the Mayor was at the event. Commissioners, and the University President were also present. Santa Clara University is like a full city within the city, and a quick stroll to downtown Santa Clara.

Commissioner Forte attended the Concert in the Park at Live Oak Park.

Commissioner Gupta attended the Parade of Champions; for the first time, he saw the rendition of the national anthem by Dorothy McPherson-O’Donnell who was riding on a horse. He also saw olympian Donna de Varona who was one of the grand marshals. He mentioned that his son was also in the parade. He took strolls in Central Park. Commissioner Gupta mentioned that staff are constantly cleaning up after the geese, and was curious about how the community can help to assist with effort. He is happy help. For next month's Regular Meeting, Commissioner Gupta will be attending via Zoom.

Commissioner Hai went to Westwood Oaks Park and Jenny Strand Park.

Commissioner Ricketts attended the Art & Wine Festival in September. The Wade Brummal subcommittee also met and could have a report for the upcoming meeting. She is looking forward to the Fall events.

Chair Caldwell visited Alvarez Park and Central Park - Magical Bridge All-Inclusive Playground to see the progress. Chair Caldwell is also thankful for the new garbage cans in Maywood Park.

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Parks & Recreation Commission Meeting Minutes 10/17/2023

ADJOURNMENT
Commissioner Chu made a motion, seconded by Vice-Chair Hai, to adjourn the meeting at 8:00 p.m., until the next Parks & Recreation Commission meeting on Tuesday, November 21, 2023, at 7:00 p.m..

Aye: Chair Caldwell, Commissioner Chu, Commissioner Forte, Commissioner Cox, Vice Chair Hai, Commissioner Ricketts, and Commissioner Gupta
7 -

MEETING DISCLOSURES
City of Santa Clara Page 6 Printed on 11/14/2023
Parks & Recreation Commission Meeting Minutes 10/17/2023 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.

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

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

City of Santa Clara Page 7 Printed on 11/14/2023
City of Santa Clara
Meeting Minutes
Senior Advisory Commission
Draft
10:00 AM Hybrid Meeting
City Manager's Conf. Room
City Hall - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
10/23/2023
The City of Santa Clara is conducting the Senior Advisory Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).

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

CALL TO ORDER AND ROLL CALL
The regular meeting was called to order by Vice-Chair Drozek at 10:12 a.m.

A motion was made by Commissioner Sterling, seconded by Commissioner Freitas to excuse Commissioners Andrews and Hubbard.

Aye: Vice Chair Drozek, Commissioner Freitas, Commissioner Sterling, and Commissioner Vaz
4 -

Absent: 2 - Chair Hubbard, and Commissioner Andrews

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

Aye: Vice Chair Drozek, Commissioner Freitas, Commissioner Sterling, and Commissioner Vaz
4 -
Excused: 2 - Chair Hubbard, and Commissioner Andrews
City of Santa Clara Page 1 Printed on 11/14/2023
Senior Advisory Commission Meeting Minutes 10/23/2023

1.A 23-1254 Senior Advisory Commission Minutes of September 25, 2023 Recommendation: Approve the Senior Advisory Commission Minutes of September 25, 2023

PUBLIC PRESENTATIONS

GENERAL BUSINESS
City of Santa Clara Page 2 Printed on 11/14/2023

2. 23-1255
None
Senior Advisory Commission Work Plan & Goals for FY2023/24 Commissioners choose to serve on subcommittees to work on the goals and objectives, with the stipulation that subcommittees must have less than a quorum (no more than 3) of the Commission assigned to each subcommittee. The following subcommittees were formed:

Goal #1: Advocate for Affordable and Convenient Housing a. Educate the Senior Advisory Commission on current lowincome projects in Santa Clara i. Provide education presentations at Senior Advisory
Commissions meetings - Commissioners Freitas,
Hubbard, and Vaz
Goal #2: Encourage and Promote the use of Outdoor Spaces and Buildings
a. Work with the Parks & Recreation Department to promote pickle ball in Santa Clara.
i. Meet with Parks & Recreation staff monthly for
updates. - Commissioners Freitas and Hubbard
Goal #3: Advocate for Affordable, Convenient, and Safe Transportation and Streets
a. Educate the Older Adult community on transportation
resources in Santa Clara
i. Schedule presentation at the Senior Center. -
Commissioners Sterling and Vaz
b. Review and provide feedback to the Pedestrian Master Plan for potential access improvements, and provisions for general safety and develop strategies to address excessive speeding on bike paths.
i. Send representative(s) to attend Bicycle and
Pedestrian Committee Meetings. - Commissioners
Drozek and Freitas
Senior Advisory Commission Meeting Minutes 10/23/2023
Goal #4: Develop Opportunities to Promote Health, Wellness, and Nutrition
a. Review current Senior Needs Assessment and provide
input on survey content and outreach plan to conduct a
new survey in 2024 - All Commissioners will discuss with a separate agendized item.

Goal #5: Provide Access to Community Resources and Information a. Appoint representative(s) to attend ADA Committee
Meetings. - Commissioners Freitas and Hubbard
b. Help market and promote awareness to the older adult community of City outreach opportunities. - Commissioners needed.
c. Staff a Senior Advisory Commission Exhibitor Booth at the "Be Strong, Live Long" Health & Wellness Fair -
Commissioners Drozek, Freitas, and Vaz
City of Santa Clara Page 3 Printed on 11/14/2023

3. 23-1256 Informational Report Related to Discussion Items from the Joint Meeting with the City Council on September 12, 2023
Recommendation: Staff has no recommendation.

STAFF REPORT
The Commission reviewed the informational report and inquired about the email log. Staff provided a copy and reported that it will be shared monthly.

Recreation Supervisor Herb reported on the following:
- City Attorney Glen Googins is leading on Open Government and Ethics training from 5 p.m. to 8 p.m. on Thursday, October 26 at Santa Clara City Hall, Council Chambers. Topics to be covered include State Open Meeting laws (the Brown Act), the Public Records Act, Conflicts of Interest rules, Gift limitation/disclosure requirements, and a variety of other rules governing the conduct of local public officials in California. A general presentation on the City of Santa Clara’s ethics rules will also be provided.

Senior Advisory Commission Meeting Minutes 10/23/2023
- The City of Santa Clara has permitted e-scooter vendor, Lime, to begin phasing the deployment of 300 e-scooters throughout Santa Clara as part of the City's Shared Mobility Program.
- The United Way is looking for volunteers to help with their Free Tax Help Program.
- The October Email Log is available for the Senior Advisory Commission.

COMMISSIONERS REPORT
Commissioner Vaz shared that she is interested in a tour of the Agrihood Senior Community before making the decision to apply for housing.

ADJOURNMENT
A motion was made by Commissioner Sterling, seconded by Commissioner Freitas that the meeting be adjourned at 11:51 a.m.

Aye: Vice Chair Drozek, Commissioner Freitas, Commissioner Sterling, and Commissioner Vaz
4 -
Excused: 2 - Chair Hubbard, and Commissioner Andrews

MEETING DISCLOSURES
City of Santa Clara Page 5 Printed on 11/14/2023
Senior Advisory Commission Meeting Minutes 10/23/2023
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.

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

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

City of Santa Clara Page 6 Printed on 11/14/2023
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1281 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on the Santa Clara Convention Center FY 2023/24 1st Quarter Financial Status Report

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

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

Staff is transmitting OVG’s SCCC status report to Council for compliance with agreement terms.

DISCUSSION
This report transmits for Council information, OVG’s SCCC Financial Status Report for the 1st quarter ending September 30, 2023 (attached). This report is unaudited and, therefore, subject to change.

As OVG’s 1st quarter report indicates, there were 57 events hosted at the SCCC, 6 more than the budgeted 51 events. There were 14 events in July 2023, 13 events in August 2023, and 30 events in September 2023.

The first month of the quarter was strong with August and September performing well. Based on event needs, OVG staffing levels varied from 30-32 throughout the quarter.

For the 1st quarter ending September 30, 2023, OVG reported a net operating gain of $322,809, compared to a net operating gain of $352,517 for the 1st quarter of FY 2022/23. Total revenues were $3,560,256, or $230,707 more than the budgeted revenues of $3,329,549. Total expenses for the quarter were $3,237,447 or $225,292 less than the budgeted amount of $3,462,739. Additionally, OVG recognized $80,120 of other revenues in the 1st quarter primarily from cancelation fees and interest income.

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23-1281 Agenda Date: 12/5/2023
Financial Summary
Quarter ending September 30, 2023Quarter ending September 30, 2022 Projected in
Budget
Actual Budgeted
Overage /
(Underage)
Projected in
Budget
Actual Budgeted
Overage /
(Underage)
Gross Revenue $3,329,549 $3,560,256 $230,707 $2,122,598 $2,757,861 $635,263 Total Expense $3,462,739 $3,237,447 ($225,292) $2,829,062 $2,405,344 $423,718 Net Income ($133,190) $322,809 $455,999 ($706,464) $352,517 $1,058,981

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

FISCAL IMPACT
The net operating gain incurred by the Convention Center for the 1st quarter FY 2023/24 is $322,809.

This amount does not include any fiscal impact related to TOT, TID, and/or sales tax activity.

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

RECOMMENDATION
Note and file the Santa Clara Convention Center Financial Status Report for the 1st Quarter ending September 30, 2023, as submitted by OVG.

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

ATTACHMENTS

1. SCCC Activity Report for 1st Quarter FY 2023/24
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FY 2023/24 QUARTERLY REPORT – 1st Quarter Ended September 30, 2023 l\'G360 October 25, 2023
Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 1 of 17 Table of Contents
1st Quarter Highlights.................................................................................................... 2 Strategic Highlights ................................................................................................... 2 Financial Highlights................................................................................................... 2 Event Highlights......................................................................................................... 3 Operational Highlights .............................................................................................. 4 Other Noteworthy Highlights .................................................................................... 4 Financial Summary ....................................................................................................... 5 Financial Results ....................................................................................................... 5 Event Statistics .......................................................................................................... 7 Event Revenue ........................................................................................................... 7 Partners ...................................................................................................................... 7 Indirect Expenses ...................................................................................................... 8 Other Activities.............................................................................................................. 9 Key Performance Indicators (KPIs) ........................................................................... 10 Forecast ....................................................................................................................... 12 FY 2023/24 Capital Improvement Projects (CIP)....................................................... 13 Community Involvement............................................................................................. 15 Santa Clara Convention Center is strategically located in the heart of Silicon Valley, a prime location for conventions, trade shows and exhibitions. The Santa Clara Convention Center is minutes from hotels, restaurants, Levi’s Stadium, California’s Great America Theme Park, and many of the largest and most influential technology companies in the world, with easy access to freeways and Norman Y.

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

For more information, visit www.santaclaraconventioncenter.com.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 2 of 17 1st Quarter Highlights
This quarterly report covers fiscal operations of the Santa Clara Convention Center for the first quarter ended September 30, 2023. This report is unaudited and, therefore, subject to change.
72,030
Total Attendance
57 Total Events
$1,510,956
Total Revenue
Strategic Highlights
Oak View Group (OVG 360) continues to be actively involved with the City and its partners at the Silicon Valley/Santa Clara DMO, Inc dba Discover Santa Clara®. The OVG General Manager (GM) participated in the interview and onboarding processes for a new Sales Manager who started work in September. As a Board Member/Officer of the DMO, the OVG 360 GM remained engaged in various activities of the organization including the development of the financial SOP’s.

OVG 360 continued a high level of involvement in a wide array of activities, spanning partner meetings, contract evaluations, and negotiations. OVG 360 extended its labor agreements with Local 853 – Teamsters, explored upcoming revenue prospects with partners, and concentrated on enhancing operational processes and revenuegenerating strategies. Notably, capital projects were a key focus, involving discussions about electrical contractors, signage projects, and facility maintenance. OVG 360, along with Levy, Smart City, and Encore, continued utilizing the booking policy and actively sought new business opportunities aimed at attracting impactful events to the facility.

The dedicated sales efforts of the Center team resulted in the booking of 71 events in the quarter, with 33 of them classified as new business.

OVG 360 continued to monitor event load and potential revenue throughout the quarter.

All employees were brought back in accordance with California’s Rehiring and Retention Law.

Financial Highlights
After a very slow July, the first quarter saw better business trends in August and September. Gross revenue July through September was $3,560,256 representing 129.93% of the overall budget for revenue. Conversely, expenses totaled $3,237,447,

85.02% of the budgeted expenses for the quarter, resulting in an overall profit of $322,809 for Q1.
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Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 3 of 17 Event Highlights
Fifty-seven events took place during the quarter, six higher than the budgeted number of 51. Six events rescheduled their dates in Q1, four events canceled due to either a reduction in registration numbers or other reasons within the quarter. A total of 23 clients did not move forward with their proposal.

Sneaker Con Bay Area was the ultimate sneaker experience, held at the Santa Clara Convention Center (SCCC) July 15 & 16, 2023 attracted over 8,000 attendees. In August, the Flash Memory Summit (FMS) returned to the Center for its 36th annual event. FMS is one of the largest shows highlighting digital storage technologies. Flash Memory continued to have robust attendance and participation. September was highlighted by the Golden State International Wushu Championships. This competition is one of the largest Wushu events in the United States. Seventy-one Wushu teams from 15 countries and regions participated, with nearly 1,800 athletes, and the total number of participants exceeded 4,000 over two days of live and online competition.

Golden State International
Wushu Championships
Sneaker Con 2023
36th Annual Flash Memory Summit
Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 4 of 17 Operational Highlights
 As mentioned above, 57 events took place in the first quarter. Fourteen in July,13 in August, and 30 in September.
 The OVG 360 GM continued to monitor event load and staffing levels based on business quantity at the Center. Additionally, the Center experienced staff turnover and throughout the quarter, a few employees resigned to accept new positions elsewhere. Therefore, employee levels varied from 30 to 32 throughout the quarter.  The OVG GM signed and executed a Letter of Understanding with the Teamsters, Local 853 on an extension of its Collective Bargaining Agreement through June of 2024.
 The OVG GM and the sales department attended a meeting with both Cvent (event lead generator) and SimpleView (the customer relationship management software/CRM) to discuss further integration of the two platforms to create a more efficient manner of tracking and documenting leads.
 The OVG 360 GM, Director of Events, and Human Resources team conducted multiple interviews to replace an Event Manager position that became available when the previous employee left for a new opportunity.
 The OVG 360 GM presented the leadership team with their annual performance reviews.

Other Noteworthy Highlights
 In Q1, OVG 360 hosted 18 site tours for potential future events at the Convention Center.
 The OVG 360 GM updated and reissued its Work from Home policy for the SCCC ensuring its relevance and effectiveness for the team.
 OVG 360, Levy and the DMO met to review and finalize the definition of “Lost Business”. OVG 360 held meetings to thoroughly review and finalize the definition of "Lost Business," setting the standard for reporting by all entities in the future.  After meetings with JLL, the City’s consultant, the OVG 360 GM meticulously performed manual data entry for all SCCC events spanning from October 2021 to June 2023. This data will be instrumental in creating a new model for optimizing the building.
 OVG 360 met with Local 853 – Teamsters where it was indicated that the SCCC employees who are Teamsters were being transferred from Local 853 to Local 2785.

It is expected that the transfer will be completed by October 1, 2023.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 5 of 17 Financial Summary
Financial Results
Historically, the first quarter tends to be the slowest of the fiscal year and while revenues were slow in July, business conditions improved in August and September.

During these months, the Center welcomed back several annual clients, resulting in increased audio-visual and electrical commissions. As a result, OVG 360 and its partners generated $3,560,256 in gross revenue during the quarter exceeding the budgeted amount by $230,707. Net income for Q1 was $322,809 or $455,999 more than the budgeted loss of $133,190.

Financial Summary – 1st Quarter Ended September 30, 2023 Projected in Budget Actual Difference
Gross Revenue $3,329,549 $3,560,256 $230,707
Total Expense 3,462,739 3,237,447 225,292
Net Income ($133,190) $322,809 $455,999
Total expenses for the quarter were $3,237,447 or $225,292 less than the budgeted amount of $3,462,739. There was $80,120 of other revenue recognized in Q1 primarily from cancelation fees and interest income.

Clane Gessel and Flowers by Edgar
Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 6 of 17 Income Statement

SANTA CLARA CONVENTION CENTER

QUARTERLY GROSS INCOME STATEMENT
For the Three Months Ending September 30, 2023
QUARTER 1 TO DATE YEAR TO DATE

BUDGET ACTUAL VARIANCE BUDGET ACTUAL VARIANCE
Number of Events 51 57 6 51 57 6
Number of Event Days 136 133 (3) 136 133 (3)
Attendance 65,864 72,030 6,166 65,864 72,030 6,166
Event Revenue
Rental 944,615 872,789 (71,826) 944,615 872,789 (71,826) Services 38,347 90,242 51,895 38,347 90,242 51,895
IT/Telecom 268,226 278,527 10,301 268,226 278,527 10,301 Food & Beverage 1,829,562 1,273,347 (556,215) 1,829,562 1,273,347 (556,215) Electrical 31,979 309,766 277,787 31,979 309,766 277,787 Audio Visual 178,440 655,465 477,025 178,440 655,465 477,025 Total Event Revenue 3,291,169 3,480,136 188,967 3,291,169 3,480,136 188,967 Event Expenses
Services - 21,957 (21,957) - 21,957 (21,957)
IT/Telecom 198,487 189,398 9,089 198,487 189,398 9,089
Food & Beverage 1,610,359 1,154,531 455,828 1,610,359 1,154,531 455,828 Electrical 22,385 234,146 (211,761) 22,385 234,146 (211,761) Audio Visual 119,555 449,270 (329,715) 119,555 449,270 (329,715) Total Event Expenses 1,950,786 2,049,302 (98,516) 1,950,786 2,049,302 (98,516) Net Event Income (Loss) 1,340,383 1,430,834 90,451 1,340,383 1,430,834 90,451 Other Revenue 38,380 80,120 41,740 38,380 80,120 41,740 Total Net Event & Other
Revenue
1,378,763 1,510,954 132,191 1,378,763 1,510,954 132,191 Indirect Expenses
Executive 102,821 75,276 27,545 102,821 75,276 27,545
Finance 110,358 76,966 33,392 110,358 76,966 33,392
Event Services 130,789 102,314 28,475 130,789 102,314 28,475 Sales/Marketing 108,060 82,568 25,492 108,060 82,568 25,492 Operations 681,926 574,789 107,137 681,926 574,789 107,137 Overhead 377,999 276,232 101,767 377,999 276,232 101,767 Transition Costs
Total Indirect Expenses 1,511,953 1,188,145 323,808 1,511,953 1,188,145 323,808 Net Operating Income (133,190) 322,809 455,999 (133,190) 322,809 455,999 Other Income/(Expense)
Net Income (133,190) 322,809 455,999 (133,190) 322,809 455,999 Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 7 of 17 Event Statistics
There were 57 events scheduled in Q1 with $3,480,136 in revenue and $2,049,302 in expenses. ‘Conventions’ and ‘Trade shows’ generated the largest amount of revenue in the quarter.

Event Revenue
Event Net Revenue – 1st Quarter Ended September 30, 2023 Event Types Gross Revenue Cost of Sales Net Revenue
Banquets $116,817 $105,714 $11,103
Meetings 643,940 410,391 233,549
Consumer Shows 155,298 84,169 71,129
Trade Shows 517,273 223,882 293,391
Conventions 1,678,352 1,074,088 604,264
Special Events 252,427 129,288 123,139
Miscellaneous Events - - -
Sporting Events 116,028 21,769 94,259
Totals $3,480,135 $2,049,301 $1,430,834
This quarter, there was a profit of $1,430,834. Revenues generated were higher than anticipated due to increased audio-visual and electrical activity. Event expenses were slightly over budget due to the increase in event revenue for the quarter.

Partners
Partner Revenue – 1st Quarter Ended September 30, 2023
Partner Gross
Revenue
Cost of
Sales
Net
Revenue
Levy Restaurants $1,273,347 $1,154,531 $118,816
Smart City (IT services) 278,527 189,398 89,129
ENCORE-AV (AV services) 655,465 449,270 206,195
Electrical 309,766 234,146 75,620
Totals $2,517,105 $2,027,345 $489,760
Partner revenue for Q1 was $2,517,105. The cost of sales was $2,027,345 for a net profit of $489,760.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 8 of 17 Indirect Expenses
Total indirect expenses were $1,188,145 for the quarter.

Departments Expense Description Indirect Cost
Executive Senior personnel $75,276
Marketing Sales and marketing related 76,966
Finance Finance and Human Resources 102,314
Events Staffing to manage events 82,568
Operations
Engineering, building services, security, and
all other related expenses to operate the
building
574,789
Overhead Non-departmental expenses 276,232
Transition Costs Costs related to the transition to OVG - Totals $1,188,145
Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 9 of 17 Other Activities
OVG 360 entered into a new agreement with a local ATM provider in July. Postpandemic the SCCC had eliminated ATMs within the facility as most services had become “cashless”. However, since there are a handful of events, including Sneaker Con and some of the other public shows, that deal specifically in cash; it was determined there was a need to reestablish this service.

OVG 360, with assistance from the DMO, hired a photographer to capture updated and new photos of the facility and events, e.g., Sneaker Con 2023 and Conference Concepts/Flash Memory Summit in July and August.

Working in conjunction with Levy, the DMO, the City and JLL, the sales team reconfirmed its prospect goals for FY 2023/24. OVG 360’s goal for the year is to average 220 active business prospects throughout the fiscal year. At of the end of the first quarter, OVG 360’s sales team is actively working 272 sales prospects. Applying the goals of the booking strategy, OVG 360 has put an emphasis on prospecting and generating leads for Priority 3 business. OVG 360 is aiming to convert 20% of those prospects into tentative1 business. Of those tentative events, OVG 360 will work to reach a conversion rate of 20% into definite2 business throughout the fiscal year. The partners and sales team continue to discuss and identify ideas or concepts that will differentiate the Santa Clara Convention Center from its competitors.

Additionally, in the first quarter, OVG 360 created and submitted its Building Condition and Maintenance report to the City outlining the previous year’s maintenance. The OVG 360 GM also attended the City’s annual State of the City address. OVG 360 also worked with the City on preparing and hosting a meeting with a Japanese delegation for business development. The meeting is scheduled to take place on October 3, 2023, at the Center.
1 A tentative is defined as having dates held and/or proposals issued to the client. 2 A definite is realized when a client signs its Use License Agreement for an event at Convention Center.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 10 of 17 Key Performance Indicators (KPIs)
Gross revenue was $3,560,256 and net income was $322,809 for Q1. Through the first quarter, the event mix shows the Convention Center hosted five of its targeted P3’s, ten of its P4 goal and 42 of its P5 mark. Prospecting numbers remain strong as the Sales Manager continues to focus on bringing new business to the facility. KPI Q1 and YTD results are reported below.
• Priority 1 (P1) event – Large multi-day convention and/or conference that utilizes all venue space at the Convention Center, utilizes significant venue services such as food and beverage, audio-visual and information technology, and draws a substantial number of out-of-town visitors that stay in multiple Santa Clara hotels. Based on projected combined building spend and peak hotel room nights booked, has an 18+ month booking window.
• Priority 2 (P2) event – Primarily large multi-day convention and/or conference that utilizes most of the venue space at the Convention Center, utilizes venue services such as food and beverage, audiovisual and information technology, and draws out of town visitors that stay in multiple Santa Clara hotels. Based on projected combined building spend and peak hotel room nights booked, has a 12 – 18 month booking window.
• Priority 3 (P3) event – Multiple or single day event that utilizes space at the Convention Center.

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

Attendees are primarily local. Special events (e.g., graduations), smaller meetings and/or smaller Performance Measures
2023/24
Target YTD NOTES
$15,663,770 $3,560,256

2. Net Income $104,170 $322,809
26,591 4,933

4. Economic Impact $24,444,969 $9,634,211
85% - Reported at year-end

0.5% 0.00%
1 0

1.0% 0.00%
2 0

15.0% 8.77%
33 5

19.5% 17.54%
43 10

64.0% 73.68%
141 42
Total Events 220 57

7. Community Benefit
2 0
60% 0% Reported at year-end
20% 0% Reported at year-end
220 272 Average for the year of P3, P4, P5

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

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

5. Customer Service Survey Results (overall satisfaction)

3. Number of Room Nights Consumed

1. Convention Center Gross Revenue
OVG Venue Management – Santa Clara Convention Center
Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 11 of 17 trade and consumer shows are examples of P4 events. Based on projected combined building spend and peak hotel room nights booked, has a 6 – 9 month booking window. • Priority 5 (P5) event – Usually a single day event. Examples of P5 events are banquets, galas, other social type events and meetings. Based on projected combined building spend and peak hotel room nights booked, has a 0 – 6 month booking window.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 12 of 17 Forecast

SANTA CLARA CONVENTION CENTER

ROLLING FORECAST
FY 2023/2024

ACTUAL YTD PROJECTED TOTAL ORIGINAL
Jul - Sep Oct - Jun PROJECTED BUDGET VARIANCE
FY 2024 FY 2024 FYE 6/30/24 FYE 6/30/24
# OF EVENTS 57 119 176 220 (44)
DIRECT EVENT INCOME $ 1,030,203 $ 2,636,662 $ 3,666,865 $ 4,348,663 $ (681,798) ANCILLARY INCOME 400,632 1,401,365 1,801,997 1,872,840 (70,844)

TOTAL NET EVENT
INCOME
1,430,834 4,038,027 5,468,861 6,221,504 (752,641)
OTHER INCOME 80,120 120,000 200,120 163,770 36,350
EXECUTIVE 75,276 300,920 376,196 437,636 61,440
MARKETING 76,966 331,553 408,519 466,447 57,927
FINANCE 102,314 391,047 493,361 547,041 53,681
EVENTS OPERATIONS 82,568 325,227 407,795 463,116 55,321 OPERATIONS 574,790 2,265,967 2,840,757 2,854,867 14,110 OVERHEAD 276,232 1,220,773 1,497,005 1,511,997 14,992
INDIRECT EXPENSES 1,188,146 4,835,487 6,023,633 6,281,104 257,471

OPERATING NET

INCOME (LOSS)
322,809 (677,460) (354,651) 104,170 (458,820)
NET INCOME (LOSS) $ 322,809 $ (677,460) $ (354,651) $ 104,170 $ (458,820) The Center operated at a profit of $322,809 through Q1 as a result of higher audiovisual and electrical revenues. For the remainder of FY 2023/24, revenues are projected at a $677,460 loss resulting in an overall loss of $354,651 for the fiscal year. If these projections hold, the Center will miss its budgeted profit of $104,170 by $458,820.

However, this number is fluid and with sales leads being strong, OVG 360 anticipates that the projected deficit will continue to decrease in the coming months, thanks to new business bookings scheduled in the year and for the year.

The financial landscape for FY 2023/24 is mixed. While there's an encouraging revenue increase, profitability is likely to decline due to higher expenses, notably in insurance and daily operational costs.
• FY 2023/24 sees a substantial increase in the gross revenue budget, suggesting potential income growth.
• However, even if FY 2023/24 achieves the same revenue level as FY 2022/23, the higher budgeted revenue means profitability is expected to decrease. • Expenses are higher, especially property insurance coverage, which had a nearly 70% increase over the previous year to $280,000 annually. • Other expenses are also fluctuating due to factors like inflation and availability of product.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 13 of 17 FY 2023/24 Capital Improvement Projects (CIP)
CIP Project Updates
• OVG 360 updated and reissued a memo outlining the on-going challenges with the Air Wall System in the Grand Ballroom.
• At the direction of the City, OVG 360 prepared and presented a list of high priority capital projects needed at the SCCC.
• After OVG 360’s original electrical contractor withdrew from the Center’s Digital Signage project, the OVG 360 GM created a scope of work and RFB for a public bid.
• Levy brought in their new automated coffee machine for the Connect Café. They are still awaiting permits to be approved before it becomes active. • OVG 360 GM met with the City to review and balance the current Capital projects list.
• OVG 360 issued the public bid for an Electrical Contractor to assist in completing both the Digital Signage project and Levy’s kitchen upgrades. • OVG 360 engaged Kitchell to complete a full Electrical Assessment of the Convention Center.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 14 of 17 CIP Project Budget
Proj. # Project Name Phase CITY/OVG 360

REVISED BUDGET
LEVY TOTAL BUDGET Actual Exp. Balance
003 Convention Center HVAC - BMS System Completed FY 2019/20 $ 20,450 $ - $ 20,450 $ 20,450 $ - 004 Convention Center HVAC Portable A/C Units Completed FY 2020/21 $ 75,350 $ - $ 75,350 $ 75,350 $ - 005 Convention Center Security System Completed FY 2021/22 $ 172,831 $ - $ 172,831 $ 172,831 $ - 006 Convention Center Lobby Roof (Glass
Pyramids) Assessment and Repair
Completed FY 2021/22 $ 479,300 $ - $ 479,300 $ 479,300 $ - 008 Convention Center Interior Digital Signage
and Display System
Implementation $ 1,035,386 $ - $ 1,035,386 $ 810,541 $ 224,845 009 Convention Center Interior Paint Completed FY 2021/22 $ 648,052 $ - $ 648,052 $ 648,052 $ - 012 Convention Center Riding Vacuum Purchase Completed FY 2019/20 $ 31,238 $ - $ 31,238 $ 31,238 $ - 013 Convention Center Carpet Replacement Completed FY 2021/22 $ 1,509,869 $ 241,856 $ 1,751,725 $ 1,751,725 $ - 014 Balance - Contingency (Electrical
Assessment)
- $ 137,524 $ - $ 137,524 $ 32,924 $ 104,600
015 Kitchen/Tech Café/Stand B Planning $ - $ 1,757,065 $ 1,757,065 $ 297,594 $ 1,459,471 TOTAL $ 4,110,000 $ 1,998,921 $ 6,108,921 $ 4,320,005 $ 1,788,916 Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 15 of 17 Community Involvement
In the first quarter, OVG 360 began a new community partnership with the Triton Art Museum. Starting in August, the Santa Clara Convention Center showcased “The Big Red Chair Project” by Eve Page Mathias. It is a collection of paintings done by the artist immediately following the repeal of the “shelter in place” order during the COVID-19 pandemic. The paintings feature portraits the artist’s close female friends. The exhibition is expected to be on display at the Center for approximately six months. Visit https://www.tritonmuseum.org/past-exhibitions/the-big-red-chair-project/2023 for more information on this project.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 16 of 17 Also, in Q1, the OVG 360 team met to discuss and strategize its Community Involvement plan for FY 2023/24. Throughout the year, OVG 360 intends be involved in the following community activities:
• OVG 360 employees will continue to volunteer for the Academy of Travel & Tourism program at Milpitas High School as mentors and judges - A small learning community that focuses on Hospitality, Tourism, and Recreation in partnership with local businesses. Teachers will integrate class subjects and projects.
• OVG 360 GM will continue to serve as a Volunteer Board Member for the Extended Opportunity Programs and Services (EOPS) program at Mission College - EOPS is a state-funded, services-oriented program, combining financial assistance with support services designed to inform, recruit, admit, and academically motivate low-income and educationally disadvantaged full-time students to pursue a college education.
• OVG 360 employees will conduct a Creek Trail clean up behind the Convention Center – The SCCC team will volunteer to pick up trash along the Creek Trail behind the Convention Center from Tasman to Great America Parkway. • Will host the 2nd Annual Frosty Fest – In partnership with Levy and other SCCC partners, OVG 360 will host a community holiday event for the general public in mid-December.
• As part of Frosty Fest, OVG 360 will set up the SCCC as a drop off location for the Bill Wilson Center’s family adoption program for the holidays – This continues OVG 360’s commitment to adopting a local family in need for the holidays. • Will host the 2nd Annual June Bloom – In partnership with Levy and other SCCC partners, OVG 360 will host a community event for the general public in June.

Santa Clara Convention Center FY 2023/24 1st Quarter Report Page 17 of 17 Santa Clara Convention Center
5001 Great America Parkway
Santa Clara, CA 95054
Tel: (408) 748-7000
www.santaclaraconventioncenter.com
General Manager: Kelly Carr
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1221 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action to Accept Federal Safe Streets and Roads for All Grant Funding to Establish a Santa Clara Vision Zero Plan, Authorize the City Manager to Execute All Documents Related to Accepting Federal Funding, and Approve the Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructures

BACKGROUND
Vision Zero has been publicized as a strategy to help eliminate traffic fatalities and severe injuries, while increasing safe, healthy, equitable mobility for all. First implemented in Sweden in the 1990s, Vision Zero programs have been implemented around the world and locally in California as well as Santa Clara County. The City’s Bicycle Plan and Pedestrian Master Plan have objectives that include studying the implementation of a Vision Zero Plan before 2024. On November 16, 2021, the City Council held a study session that provided information to the City Council and the public on the background concepts and approaches of a potential Vision Zero program, Vision Zero efforts in other jurisdictions, a draft work plan for a Santa Clara Vision Zero Plan, and potential funding sources. City Council requested the Department of Public Works (DPW) to seek outside funding sources, including grants, to fund the development of a Vision Zero Plan.

The United States Bipartisan Infrastructure Law established a new Safe Streets and Roads for All (SS4A) grant program that provides funding opportunities to develop comprehensive safety action plans (such as Vision Zero Plans) as well as implement projects identified within those safety action plans. In September 2022, DPW applied for SS4A grant funding to develop a Vision Zero Plan for Santa Clara and was notified in February 2023 that the City will receive a $450,000 grant award.

Since that time, staff worked with the Federal Highway Administration (FHWA) to finalize the grant agreement (Attachment 1) and prepare a Request for Proposals (RFP) for consultant services to support a Santa Clara Vision Zero Plan.

DISCUSSION
The Santa Clara Vision Zero Plan (Plan) will include robust community engagement and a comprehensive citywide safety analysis to identify the highest types, locations, severity, and demographics of collisions occurring within the City. The Plan will develop a collision countermeasure toolbox, which will include programmatic measures and roadway design features that address traffic safety issues. Additionally, a list of potential traffic improvements will be developed and prioritized.

After completion of the Plan, the City will have the opportunity to apply for future implementation grant opportunities under the SS4A program.

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23-1221 Agenda Date: 12/5/2023
to develop the Plan. Per SS4A grant requirements, the deadline to complete the Plan is two years after the grant agreement execution date. Staff is also requesting that Council authorize the City Manager to execute all documents related to accepting the federal funding.

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 a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
The FY 2022/23 and FY 2023/24 Adopted Biennial Capital Improvement Program Budget includes an unfunded Transportation project titled “Vision Zero Plan”. The proposed budget amendment modifies the title of the project from “Vision Zero Plan” to “Santa Clara Vision Zero Plan”, recognizes the Federal SS4A grant funding of $450,000, provides required local match funding of $120,000, and appropriates a total of $570,000 for the Santa Clara Vision Zero Plan. Local match funds are available in the Streets and Highways Fund - Pedestrian and Bicycle Enhancement Facilities Project that is used to provide local grant matching funds and supplement funding for other bicycle lane and pedestrian improvements.

The table below summarizes the recommended budget amendment needed for the Project.

Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Streets and Highways Capital Fund
Revenues
Other Agencies Revenue (Federal SS4A
Grant Funding)
$22,482,316 $450,000 $22,932,316
Expenditures
Transfer From
Pedestrian and Bicycle Enhancement
Facilities Project (533-1220)
$1,166,480 ($120,000) $1,046,480
Expenditures
Santa Clara Vision Zero Plan (Project 1268
formerly Vision Zero Plan)
$0 $570,000 $570,000

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

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23-1221 Agenda Date: 12/5/2023

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. Accept $450,000 in federal funding under the Safe Streets and Roads for All Grant Program and authorize the City Manager to execute all documents related to accepting federal funding for the Santa Clara Vision Zero Plan in final forms approved by the City Attorney; and

2. Approve a FY2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies revenue estimate in the amount of $450,000 to recognize Safe Streets and Roads for All funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $120,000, and increase the Santa Clara Vision Zero Plan, formerly named Vision Zero Plan, by $570,000. (five affirmative Council votes required to appropriate additional revenue).

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

ATTACHMENTS

1. SS4A Funding Agreement
City of Santa Clara Page 3 of 3 Printed on 12/1/2023
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1. Award No.
693JJ32440008

2. Effective Date
See No. 17 Below

3. Assistance
Listings No.

20.939

4. Award To
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Unique Entity Id.: RK62GLSXRUK9
TIN No.: 94-6000426

5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590

6. Period of Performance
24 Months from Effective Date of
Award

7. Total Amount
Federal Share:

Recipient Share:

Other Federal Funds:

Other Funds:

Total:
$450,000
$120,000
$0
$0
$570,000

8. Type of Agreement
Grant

9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)

10. Procurement Request No.

HSSP230276PR

11. Federal Funds Obligated
$450,000.00

12. Submit Payment Requests To
See article 20.

13. Payment Office
See article 20.

14. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.41010.61006600

15. Description of Project
Development of a City of Santa Clara Vision Zero Plan through a comprehensive traffic safety analysis. The project will include community engagement events, countermeasure recommendations, and other potential opportunities to increase traffic safety.

RECIPIENT

16. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Jovan Grogan
Title: City Manager

FEDERAL HIGHWAY ADMINISTRATION

17. Signature of Agreement Officer
______________________________________
Signature Date
Name: Ryan Mavis
Title: Agreement Officer
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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the Federal Highway Administration (the “FHWA”) and the City of Santa Clara (the “Recipient”).

This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Santa Clara Vision Zero Plan.

The parties therefore agree to the following:

ARTICLE 1

GENERAL TERMS AND CONDITIONS

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,” dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.

Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
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ARTICLE 2

APPLICATION, PROJECT, AND AWARD

2.1 Application.

Application Title: Santa Clara Vision Zero Plan
Application Date: 9/14/2022

2.2 Award Amount.

SS4A Grant Amount: $450,000

2.3 Award Dates.

Period of Performance End Date: See Section 6 on page 1

2.4 Budget Period
Budget Period End Date: See Section 6 on page 1

2.5 Action Plan Grant or Implementation Grant Designation.

Designation: Action Plan

2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1.

ARTICLE 3

SUMMARY PROJECT INFORMATION

3.1 Summary of Project’s Statement of Work.

The award will be used by the City of Santa Clara to develop a comprehensive safety action plan.
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3.2 Project’s Estimated Schedule.

ACTION PLAN SCHEDULE
Milestone Schedule Date
Planned Draft Action Plan Completion
Date:

June 2025
Planned Action Plan Completion Date: December 2025
Planned Action Plan Adoption Date: April 2026
Planned SS4A Final Report Date: June 2026

3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $450,000
Other Federal Funds::

State Funds:

Local Funds: $120,000
In-Kind Match:

Other Funds:

Total Eligible Project Cost: $570,000
(b) Supplemental Estimated Budget
Cost Element Federal Share Non-Federal Share Total Budget Amount
Direct Labor $0.00 $0.00 $0.00
Fringe Benefits $0.00 $0.00 $0.00
Travel $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00
Contractual/Consultant $450,000.00 $120,000.00 $570,000.00 Other $0.00 $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
Total Budget $450,000.00 $120,000.00 $570,000.00
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ARTICLE 4

RECIPIENT INFORMATION

4.1 Recipient’s Unique Entity Identifier.

RK62GLSXRUK9

4.2 Recipient Contact(s).

Ralph Garcia
Senior Civil Engineer
City of Santa Clara
1500 Warburton Avenue, Santa Clara, CA 95050
408-615-3026
[email protected]

4.3 Recipient Key Personnel.

Name Title or Position
Ralph Garcia Senior Civil Engineer
Carol Shariat Principal Transportation Engineer
Michael Liw Assistant Director of Public Works

4.4 USDOT Project Contact(s).

Darren Thacker
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.

Washington, DC 20590 (202) 366-6409
[email protected]
and
Ashley Cucchiarelli
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33
12300 W Dakota Ave
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Lakewood, CO 80228
(720) 963-3589
[email protected]
and
Vince Mammano
Agreement Officer’s Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]
and
Steve Pyburn
California Division Office Point of Contact
Design Program Manager
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
(916) 498-5057
[email protected]
ARTICLE 5

USDOT ADMINISTRATIVE INFORMATION

5.1 Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management

SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).

Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.

Note: This clause is only applicable to Action Plan Grants.

Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work 7 of 11
under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/subrecipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement.

The following subawards and contracts are currently approved under the Agreement by the AO.

This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment)

5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer’s Representative (the “AOR”) reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
(e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
Washington DC 20590-0001
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or
[email protected].

If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to:

DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn: Agreement Specialist
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.

ARTICLE 6

SPECIAL GRANT TERMS

6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section [wherever the date it is in this agreement].

6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.

6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.

6.4 There are no other special grant requirements for this award. 9 of 11

ATTACHMENT A

PERFORMANCE MEASUREMENT INFORMATION
Study Area: City of Santa Clara
Baseline Measurement Date: April 2026
Baseline Report Date: June 2026
Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Equity
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
End of period of
performance
Costs
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
End of period of
performance
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:

Description of lessons learned and any
recommendations relating to future
projects of strategies to prevent death and
serious injury on roads and streets.

End of period of
performance
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ATTACHMENT B

CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See section 10.1.

Scope: None requested
Schedule: None requested
Budget: None requested
The table below provides a summary comparison of the project budget.

Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
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ATTACHMENT C

RACIAL EQUITY AND BARRIERS TO OPPORTUNITY

1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.

The Recipient states that rows marked with “X” in the following table are accurate:

A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.

X
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.

2. Supporting Narrative.

Action Plan outreach materials regarding public meetings will be sent in English, Spanish, and Chinese (the three most commonly spoken languages in Santa Clara). In addition, translators will be available at public meetings if requested by attendants.

Finally, improvement projects identified in Action Plan will consider geographic equity including areas of the City considered Equity Priority Communities.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1311 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on Award of Purchase Orders to Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc. for the Purchase of Steel Transmission Poles for an Aggregate Maximum Amount of $6,500,000 Funded by Silicon Valley Power

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Silicon Valley Power (SVP) has several planned transmission line extension and rebuild projects that will require placing multiple orders of steel transmission poles over the next few years. These projects include the Laurelwood Substation (CIP 2443), Martin Avenue Junction Substation (CIP 2450), Bowers Avenue Junction (CIP 2457), Northern Receiving Station (NRS) Kifer Receiving Station (KRS) 115kV Line (CIP 2455), Scott Receiving Station (SRS) Rebuild and Replacement (CIP 2456), KRS Rebuild and Replacement (CIP 2453), and Loop 1 (Reconfigure Northwest & Center Loops (CIP 2459). SVP estimates it will place orders for over 250 poles in the next five years.

DISCUSSION
Pursuant to City Code Section 2.105.140(d), a formal Request for Bids (RFB) to procure steel transmission poles was conducted. On August 8, 2023, the RFB was published on the City’s eprocurement system to solicit bids from qualified vendors to fabricate and deliver galvanized tubular steel transmission poles. To submit a bid, vendors were required to meet certain minimum requirements including having the capability to manufacture steel transmission poles of at least 140 feet and experience in steel poles fabrication for electrical transmission lines. Bidders were also required to submit unit prices based on length and class for standard poles and price per pound of steel for custom poles.

One bid from Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc. (Western) was received by the deadline. Staff deemed Western’s bid prices to be fair and reasonable by comparing them to the costs of previous projects. Due to volatility of steel prices, Western’s original bid prices for the steel poles will be adjusted at the time of order based on the change in cost per pound between (1) original bid unit prices and (2) the unit prices of steel on the month prior to the purchase order issuance, as published in the Bureau of Labor Statistics Producer Price Index (PPI).

Staff requests approval to issue purchase orders to Western using predetermined rates subject to price adjustments based on the change in the PPI, with an aggregate maximum compensation of $6,500,000 through December 31, 2028. Staff will publish a new RFB for purchases issued after December 31, 2028, or when the maximum compensation is reached, whichever occurs first.

Approval of this recommendation will streamline the procurement process and ensure timely City of Santa Clara Page 1 of 2 Printed on 12/1/2023
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deliveries of steel transmission poles required to support the above projects.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b) of Title 14 of the California Code of Regulations as it involves the purchase of supplies for City electric infrastructure projects. These projects and associated work will undergo or have already undergone environmental review under CEQA.

FISCAL IMPACT
Funding for the purchases associated with this contract will be through the individual projects allocated funds through approved Capital Improvement Program accounts in the Electric Utility Capital Fund.

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

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

RECOMMENDATION

1. Authorize the City Manager to issue purchase orders to Wireless Structures Consulting, Inc. DBA Western Utility Telecom, Inc. for the purchase of steel transmission poles with an aggregate maximum compensation of $6,500,000 for the time period beginning on the date of this authorization through December 31, 2028, with price escalations based on adjustments to the Bureau of Labor Statistics Producer Price Index, subject to the appropriation of funds; and

2. Authorize the City Manager to take any actions as necessary to implement and administer the purchase orders.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
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23-1278 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on the Award of Purchase Orders Greater than $250,000 for Vehicles and Equipment for the Fire, Finance, Silicon Valley Power, Public Works, Police, and Water and Sewer Utilities Departments to be Funded in the Vehicle Replacement Fund and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Department of Public Works (DPW) maintains approximately 760 fleet assets citywide with an original acquisition value of approximately $45,000,000. In addition, DPW is responsible for purchasing replacements and new additions to the fleet which have been approved by the City Council to support mission-critical operations performed by City departments. DPW procures vehicles and equipment through either cooperative purchase agreements established by another public agency (pursuant to Santa Clara City Code Section 2.105.270) or by conducting its own competitive solicitation utilizing vehicle and equipment specifications developed with the City departments (pursuant to Santa Clara City Code Section 2.140).

Section 2.105.300(a) of the Santa Clara City Code authorizes the City Manager to execute purchase orders and agreements on behalf of the City in amounts up to and including $250,000. Purchases of vehicles and equipment from a single vendor over $250,000 require approval by the City Council.

Santa Clara, like other cities and corporations, often order multiple vehicles from a single vendor to save time and costs. As such, City Council approval is needed even though many of the individual vehicles cost less than $250,000.

DISCUSSION
Funds for replacement and new fleet purchase costs are appropriated in the FY 2023/24 budget and FY 2024/25 Adopted Biennial Operating Budget. Each department has confirmed the need to acquire new assets to either replace aged vehicles/equipment with increased maintenance costs or to fulfill new operating demands. Purchase orders for the vehicles and equipment listed below need to be approved to secure the order and purchase price of each asset. Each of the following may result in a purchase price of over $250,000 to specific vendors below which requires City Council approval. · Downtown Ford: estimated aggregate price $1,154,000 for 18 light/medium duty vehicles (Fire, Finance, Police, DPW, SVP, Water and Sewer Utility) · Altec Industries, Inc.: estimated purchase price of $685,000 for one aerial bucket truck (SVP) · Elk Grove Auto Group: estimated aggregate price $250,000 for six light-duty vehicles (Finance, Police)
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The availability of vehicles and equipment has declined significantly over the last few years and purchase prices have significantly outpaced previous inflation projections. It is important to secure orders to avoid potential price increases and missed ordering opportunities. The pricing provided in the estimates is not fixed until purchase orders are opened. In order to successfully complete the purchase orders without additional approval, DPW is requesting authorization of a five percent contingency in the amount of $105,000, in addition to the estimated aggregate purchase amount of $2,089,000, for a not-to-exceed total of $2,194,000. This total amount includes all applicable taxes and fees.

Approval of the recommendation will enable DPW to avoid any potential delays in procuring vehicles.

DPW will coordinate with the Finance Department to ensure that vehicle purchases are consistent with the City’s established purchasing policies.

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(2) because the purchase of vehicles and equipment is not considered a project.

FISCAL IMPACT
The combined total to purchase the 24 light/medium duty vehicles, one aerial bucket trucks is estimated to be $2,089,000. With the five percent contingency of $105,000, the purchasing authority requested is $2,194,000. A majority of the funding for the purchase of these vehicles has been approved in the FY 2023/24 and FY 2024/25 Adopted Biennial Operating Budget in the Vehicle Replacement Fund.

A budget amendment below allocates Water and Sewer Utilities Department funds to transfer into the Vehicle Replacement Fund for additional costs of three light/medium duty vehicles (two electric pickups and one utility truck).

Staff also recommends deferring nine budgeted Parks & Recreation Department vehicle replacements to FY 2024/25 and bringing forward three Fire Department vehicle replacements to FY 2023/24 which were planned for FY 2024/25. This funding shift is recommended to align with suitable electric vehicle types, which are currently available for the Fire Department but not for Parks Department needs. Funding for the Fire replacements is provided by the budgeted electric vehicle replacement program in the Vehicle Replacement Fund.

Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Water Utility Fund (092)
Transfers To
Vehicle Replacement Fund $0 $36,560 $36,560
Ending Fund Balance
Unrestricted Ending Fund Balance $2,204,595 ($36,560) $2,168,035 Water Recycling Fund (097)
Transfers To
Vehicle Replacement Fund $0 $9,140 $9,140
Ending Fund Balance
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Transfers To
Vehicle Replacement Fund $0 $36,560 $36,560
Ending Fund Balance
Unrestricted Ending Fund Balance $2,204,595 ($36,560) $2,168,035 Water Recycling Fund (097)
Transfers To
Vehicle Replacement Fund $0 $9,140 $9,140
Ending Fund Balance
Unrestricted Ending Fund Balance $1,301,845 ($9,140) $1,292,705 Vehicle Replacement Fund (050)
Transfers From
Water Utility Fund $0 $36,560 $36,560
Water Recycling Fund $0 $9,140 $9,140
Expenditures
Capital Outlay $2,975,000 $45,700 $3,020,700

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

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

RECOMMENDATION

1. Approve and authorize the City Manager to execute purchase orders, in final forms approved by the City Attorney, in an aggregate not-to-exceed amount of $2,194,000, with Downtown Ford, Altec Industries, Inc., and Elk Grove Auto Group for the purchase of vehicles and equipment for the Fire, Finance, Silicon Valley Power, Public Works, Police and Water and Sewer Utilities Departments, to be funded by amounts approved in the City’s Operating Budget for Fiscal Years 2023/24 & 2024/25.

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

A. In the Water Utility Fund, increase the transfer to the Vehicle Replacement Fund and reduce the unrestricted ending fund balance by $36,560 (five affirmative Council votes required for the use of unused balances );
B. In the Water Recycling Fund, increase the transfer to the Vehicle Replacement Fund and reduce the unrestricted ending fund balance by $9,140 (five affirmative Council votes required for the use of unused balances ); and
C. In the Vehicle Replacement Fund, increase the transfer in from the Water Utility Fund by $36,560, increase the transfer in from the Water Recycling Fund by $9,140, and increase the Capital Outlay budget by $45,700 (five affirmative Council votes required to appropriate additional revenue) .

Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
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23-1322 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on Award of a Purchase Order to L.N. Curtis and Sons for Personal Protective Equipment for the Fire Department

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The Fire Department purchases and maintains personal protective equipment (PPE) for emergency response personnel to wear during responses to medical calls, fires, vehicle accidents, wildland deployments, and other calls for service. The PPE, which includes turnouts (heat-resistant protective clothing for firefighting), helmets, gloves, and boots has a recommended lifespan of 10 to 15 years, according to the National Fire Protection Agency (NFPA) section 1851.

The Fire Department replaces aging or failing PPE, as required, and provides PPE to new personnel attending academy classes.

DISCUSSION
This recommendation is pursuant to City Code Section 2.105.270(c) which states that the City may, without observing competitive procurement requirements, contract directly with a vendor under a contract awarded using pre-established cooperative purchasing agreements when such agreement results from a competitive bid process that meets or exceeds the City’s competitive bid process. Staff recommends using the Sourcewell cooperative purchasing agreement with L.N. Curtis to purchase the PPE.

Sourcewell is a service cooperative created by the Minnesota legislature as a local unit of government and is governed by local elected municipal officials and school board members. In January 2020, a Request for Proposal (RFP) was conducted by Sourcewell for firefighting personal protective equipment, apparel, and accessories. Nineteen proposals were received in response to the RFP, and L.N. Curtis was one of the vendors awarded a contract. Under the Sourcewell contract, the pricing offered by L.N. Curtis is a 40% discount off list prices for the turnout jackets and pants.

The maximum compensation for the initial term from December 11, 2023 to May 7, 2024, is $602,350. This will enable the Fire Department to purchase PPE for approximately four to five new recruits for each academy held through May 2024. In addition, staff is requesting authorization to exercise an option to extend the term through May 7, 2025 for a maximum additional not-to-exceed compensation amount of $497,650, subject to budget appropriations. These terms are consistent with the terms of the Sourcewell agreement with L.N. Curtis.

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ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(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 maximum total compensation for the purchase order is $1,100,000, including $602,350 for the initial term and $497,650 for the option to extend term, to replace the PPE through May 2025. The Fire Department has approved funding for purchases through the initial term of the Sourcewell agreement in the Fire Capital Fund (Protective Equipment Replacement Project) and the Fire Operating Budget. The $497,650 funding for the subsequent option to extend the term will be subject to budget appropriations. The Five-Year Capital Improvement Program Budget programmed a portion of the funding for the option period in FY 2024/25.

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. Authorize the City Manager to execute a purchase order with L.N. Curtis and Sons for personal protective equipment for the Fire Department starting on or around December 11, 2023, to May 7, 2024, for a maximum amount not-to-exceed $602,350, to be funded by amounts approved in the Fire Department’s annual Capital Improvement Project Fund and Fire Operating Budget for Fiscal Year 2023/24; and

2. Authorize the City Manager to exercise an option to extend the term of the purchase order through May 7, 2025, for a maximum additional not-to-exceed amount of $497,650 for the option term, subject to appropriation of funds.

Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan D. Grogan, City Manager
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23-1050 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on a Vesting Tentative Subdivision Map for 22 Townhouse Units at 3378-3386 El Camino Real.

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The Applicant, VeGuard USA LLC, requests approval of a Vesting Tentative Subdivision Map (File No. PLN23-00024) to allow the subdivision of a 0.88 acre parcel (APN: 290-02-102) for the development of 22 for-sale townhouse units, three of which will be restricted for affordability, vehicular driveways, required parking, and common and private open spaces. A one-story vacant commercial building with surface parking currently occupies the subject site. The project density will be 25 dwelling units per acre.

The site is zoned Thoroughfare Commercial (CT) and has a General Plan Land Use Designation of Community Mixed Use that allows for a residential density of 20 to 36 dwelling units per acre. It is also within the El Camino Real Focus Area as identified in the General Plan.

On August 16, 2023, the project received Architectural Review approval (File No. PLN22-00304) at a Development Review Hearing (DRH). As part of the DRH approval, it was determined that rezoning is unnecessary for the project since the project utilizes Assembly Bill (AB) 3194 (2018). Pursuant to AB 3194, the project was found to comply with the objective standards of the Mixed Use Combining (MU) zoning district, which allows for a density range of 19-25 dwelling units per acre and is consistent with the site’s Community Mixed Use General Plan land use designation. It was also noted that the project does not meet one of the development standards of the MU zone, the rear setback standard; however, based on the incorporation of affordable housing units into the project, the project is entitled to one concession (exception) from development standards under State density bonus law and this exception was applied to the rear setback requirement.

On October 11, 2023, the Planning Commission reviewed the application for the Subdivision Map Vesting Tentative Map and made a recommendation of approval to Council.

DISCUSSION
Tentative Subdivision Map applications are reviewed for General Plan and Zoning Code consistency and conformance with the Subdivision Map Act. Planning Commission review and a recommendation to the City Council are required under Santa Clara City Code (SCCC) section 17.05.300(g) for Subdivision Map applications. Tentative Maps are ultimately approved by the City Council.

A “Vesting” Tentative Map is approved in the same manner. Under the Subdivision Map Act City of Santa Clara Page 1 of 3 Printed on 12/1/2023
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(California Government Code § 66474(a)), a developer has the right to indicate that a map application will be proceeding as a “vesting” map, which gives the developer a right, upon map approval, to develop in substantial compliance with the ordinances, policies, and standards in effect on the date in which the developer’s application is complete.

The Map Act requires all subdivision maps to be consistent with the General Plan. Staff confirmed that the proposed subdivision will not result in any inconsistencies with the General Plan land use designation for the property, Building Code, or other applicable requirements. The City’s Subdivision Clearance Committee reviewed the proposed Vesting Tentative Subdivision Map and determined the project to be complete and in conformance with the Subdivision Map Act on June 27, 2023. The proposed subdivision is consistent with the approved site plan, improvements, private street, surface parking, landscaped open space areas, and associated utilities on the project site for the development of 22 townhouse units as set forth in File No. PLN22-00304. For reference, Attachment 4 includes the August 16, 2023 staff report for the DRH on the Architectural Review. The DRH determined the project’s consistency with the General Plan.

For subdivisions resulting in five or more parcels, the City Council reviews applications after Planning Commission recommendation, pursuant to SCCC section 17.05.300(g). On October 11, 2023, the Planning Commission reviewed the application for the Vesting Tentative Subdivision Map and recommended approval. For reference, Attachment 1 includes the Planning Commission staff report.

The Commission voted 5-0-2 (Commissioner Biagini and Chair Cherukuru absent) to recommend to the City Council approval of the Tentative map without any questions for the applicant or staff or discussion by the Commission.

ENVIRONMENTAL REVIEW
An Initial Study and Mitigated Negative Declaration (IS/MND) were prepared for the project in accordance with the California Environmental Quality Act (CEQA) to address the potential environmental impacts of the project. The IS did not find any substantial evidence that the project will have a significant effect on the environment after implementation of required mitigation measures.

The MND and Notice of Availability were posted on the City’s website ( <https://www.santaclaraca.gov/our-city/departments-a-f/community-development/planningdivision/environmental-review-ceqa>) and were circulated for 30-day public review on July 3, 2023.

The MND and Mitigation, Monitoring and Reporting Program (MMRP) was adopted at the publicly noticed DRH on August 16, 2023. The MMRP outlines the mitigations necessary for the project to implement and reduce identified significant environmental impacts to less than significant.

The proposed Vesting Tentative Subdivision Map is consistent with the approved MND and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense for the processing of this application.

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

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PUBLIC CONTACT
On September 27, 2023, a notice of Planning Commission and City Council hearing was published in The Weekly, a newspaper of general circulation, and on September 28, 2023, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site.

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.

At the time of this report, the Planning staff has not received any public comments regarding the proposed Vesting Tentative Subdivision Map.

RECOMMENDATION

1. Determine that the proposed subdivision is within the scope of the adopted Mitigated Negative Declaration (MND) prepared for the project and no further analysis is required

2. Adopt a resolution to approve the Vesting Tentative Subdivision Map to subdivide the parcel (290-02-102) with 22 Townhouse Units at 3378-3386 El Camino Real, subject to findings and conditions of approval set forth therein.

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

ATTACHMENTS

1. Planning Commission Staff Report of October 11, 2023

2. Resolution approving the Vesting Tentative Subdivision Map

3. Conditions of Vesting Tentative Subdivision Map Approval

4. DRH Staff Report of August 16, 2023

5. Vesting Tentative Subdivision Map
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23-1049 Agenda Date: 10/11/2023

REPORT TO PLANNING COMMISSION

SUBJECT
Action on a Vesting Tentative Subdivision Map for 22 Townhouse Units at 3378-3386 El Camino Real

REPORT IN BRIEF
Applicant: Lynn Wang, VeGuard USA LLC
Owner: VeGuard USA LLC
General Plan: Community Mixed Use
Zoning: Thoroughfare Commercial (CT)
Site Area: 0.88 acres
Existing Site Conditions: A single-story commercial building with surface parking.

Surrounding Land Uses:

North: El Camino Real
South: Multi-family apartment complex
East: Used car dealership
West: Four story mixed-use development under construction Issues: Consistency with the City’s General Plan and conformance with the Subdivision Map Act.

Staff Recommendation: Approve the Vesting Tentative Subdivision Map for 22 Townhouse Units at 3378-3386 El Camino Real, subject to findings and conditions of approval.

BACKGROUND
The Applicant, VeGuard USA LLC, requests approval of a Vesting Tentative Subdivision Map (File No. PLN23-00024) to allow the subdivision of a 0.88 acre parcel (APN: 290-02-102) to accommodate a project with 22 townhouse units, vehicular driveways, required parking, and common and private open spaces. The subject site is currently occupied with a one-story vacant commercial building and surface parking.

The project received architectural review approval (File No. PLN22-00304) at a Development Review Hearing (DRH) on August 16, 2023. The project utilizes Assembly Bill (AB) 3194 (2018), and therefore does not require rezoning. Instead, the project was found to comply with the objective standards of the Mixed Use Combining (MU) zoning district, which allows for a density range of 19-25 dwelling units per acre and is consistent with the site’s Community Mixed Use General Plan land use designation.

Planning Commission review and a recommendation to the City Council are required under Santa Clara City Code (SCCC) section 17.05.300(g) for Subdivision Map applications. Vesting Tentative Maps are ultimately approved by the City Council.

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23-1049 Agenda Date: 10/11/2023
Project Summary
The site is zoned Thoroughfare Commercial (CT) and has a General Plan Land Use Designation of Community Mixed Use that allows for a residential density of 20 to 36 dwelling units per acre. It is also within the El Camino Real Focus Area as identified in the General Plan. Per State Law (AB 3194), even though the project is inconsistent with the existing CT zoning designation, the project may proceed without rezoning provided that it complies with the City’s General Plan density range.

The project density will be 25 dwelling units per acre and consist of 22 for-sale units. This includes three units (13.6% of the total units) which will be income restricted for sale at a moderate level of affordability (100% of Area Median Income) and paying an in-lieu fee for an additional fractional amount to be consistent with the City’s 15% affordable housing requirement. To sell each unit separately, the applicants must receive approval of the Vesting Tentative Map.

DISCUSSION
Vesting Tentative Subdivision Map applications are reviewed for consistency with the General Plan and Zoning Code and for conformance with the Subdivision Map Act.

Because the site has already received architectural review approval, the Vesting Tentative Map must be consistent with that approval, as well as certain applicable zoning requirements. The Architectural Review (File No. PLN22-00304) of the 22-unit development on the subject site was approved at the DRH on August 16, 2023. The project proponents utilized the provisions of AB 3194, which provides that if a project site has a zoning designation that is inconsistent with the General Plan, a project will nevertheless be in compliance with the zoning through conformity to the objective standards of a zoning district that is consistent with the site’s General Plan land use designation. At the DRH, the City made findings that the project is consistent with the objective standards of the MU zoning district, which is consistent with the Community Mixed Use General Plan designation. The project does not meet one of the development standards of the MU zone, rear setback, but the project is entitled to one exception from development standards under State density bonus law.

The Subdivision Map Act requires that all subdivision maps be consistent with the General Plan, Government Code § 66474(a). The Architectural Review approval determined that the project was consistent with the General Plan. The staff report for the DRH on August 16, 2023 is provided as Attachment 3 for reference.

The proposed subdivision is consistent with the approved site plan, improvements, private street, surface parking, landscape open space areas, and associated utilities on the project site for the development of 22 townhouse units as set forth in File No. PLN22-00304, and consistent with the applicable provisions of the Zoning Code and General Plan.

The proposed Vesting Tentative Subdivision Map was reviewed by the City’s Subdivision Clearance Committee and determined to be complete and in conformance with the Subdivision Map Act on June 27, 2023. Staff confirmed that the proposed subdivision is consistent with the General Plan and zoning designations for the property, Building Code, or other applicable requirements.

Findings for approval are provided in Attachment 1. Conditions of Approval have been prepared and are provided as Attachment 2.

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ENVIRONMENTAL REVIEW
An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA) to address the potential environmental impacts of the project. The IS did not find any substantial evidence that the project will have a significant effect on the environment after implementation of required mitigation measures.

The MND and Notice of Availability were posted on the City’s website and were circulated for 30-day public review on July 3, 2023 and was approved at the DRH on August 16, 2023, a publicly noticed meeting.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense for the processing of this application.

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

PUBLIC CONTACT
On September 27, 2023, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on September 28, 2023, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site. At the time of this report, the Planning staff has not received any public comments regarding the Tentative Map. Public comments received at the time of architectural approval and the IS/MND are included with the DRH staff report Public contact was also made by posting the Commission 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. Recommend that the City Council find that the proposed subdivision is within the scope of the adopted Mitigated Negative Declaration (MND) prepared for the project and no further analysis is required.

2. Adopt a resolution to recommend the City Council approve the Vesting Tentative Subdivision Map to subdivide the parcel (290-02-102) with 22 Townhouse Units at 3378-3386 El Camino Real, subject to findings and conditions of approval.

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

ATTACHMENTS

1. Resolution Recommending Council Approval of the Vesting Tentative Subdivision Map

2. Conditions of Vesting Tentative Subdivision Map Approval

3. DRH Staff Report 08.16.23

4. Vesting Tentative Subdivision Map
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Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 1 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA RECOMMENDING

THAT THE CITY COUNCIL APPROVE A VESTING TENTATIVE
SUBDIVISION MAP (PLN23-00024) AT 3378-3386 El CAMINO

REAL, SANTA CLARA

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

WHEREAS, on January 12, 2022, VeGuard USA LLC (“Applicant”) (“Property Owners”) filed an application (PLN23-00024) to develop the 0.88 acres city owned parcel, located at 3378-3386 El Camino Real (“Project Site”) with 22 townhouse units;
WHEREAS, on August 16, 2023, the Architectural Review (PLN22-00304) to construct 22 townhome units utilizing Assembly Bill (AB) 3194 (2018) was approved at the Development Review Hearing (DRH);
WHEREAS, the application (PLN23-00024) is for a Vesting Tentative Subdivision Map to subdivide the parcel into 22 for-sale townhouse units, driveway, required parking, common and private open spaces, and a common parcel to serve the development; WHEREAS, the proposed subdivision is consistent with the approved site plan and improvements on the Project Site for the development of 22 townhouse unit arrangement with surface parking, landscaped open space areas, and associated utilities as approved on August 16, 2023;
WHEREAS, pursuant to Section 17.05.210 of the Code of the City of Santa Clara (“SCCC”), a Tentative Subdivision Map shall be required for all divisions of land into five or more parcels; WHEREAS, on June 27, 2023, the Subdivision Clearance Committee determined that the application was complete and that the proposed Vesting Tentative Subdivision Map should proceed to the Planning Commission in conformance with Section 17.05.300 of the SCCC; Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 2 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19
WHEREAS, SCCC Section 17.05.300(g) requires that the Planning Commission make recommendations of denial, approval or conditional approval to the City Council on the Tentative Subdivision Map;
WHEREAS, the proposal is to create 22 for-sale townhouse units with common areas to serve the development (“Project”) as shown on the Vesting Tentative Subdivision Map, attached hereto and incorporated herein by this reference;
WHEREAS, a Mitigated Negative Declaration was prepared in accordance with State CEQA Guidelines to address the potential environmental impacts of the project, and was adopted at the Development Review Hearing on August 16, 2023, at a publicly noticed meeting; WHEREAS, the proposed Vesting Tentative Subdivision Map is consistent with the previously approved Project (Architectural Review approval) and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact; WHEREAS, on September 28, 2023, notices of the public hearing on the Vesting Tentative Subdivision Map were posted within 300 feet of the Project Site and mailed to all property owners within 500 feet of the property, according to the most recent Assessor’s roll; WHEREAS, a notice of the public hearing was published in The Weekly, a newspaper of general circulation, on September 27, 2023 for the Planning Commission Hearing to be conducted on October 11, 2023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 11, 2023, at which time all interested persons were given an opportunity to provide testimony and the Commission considered the information presented in the Staff Report, and all verbal and written evidence.

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

1. That the Planning Commission hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

Resolution/ 3378-3386 El Camino Re - Vesting Tentative Subdivision Map Page 3 of 5 Rev. Rev: 11/22/17

2. Vesting Tentative Subdivision Map Findings. Pursuant to California Government Code Sections 66426 and 66428 and SCCC Section 17.05.300(h), the Planning Commission finds and determines that:

A. The Vesting Tentative Subdivision Map is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan in that the Vesting Tentative Subdivision Map subdivides the existing 0.88 acre Project Site into 22 for-sale townhouse units to effectuate the previously approved residential development of 22 townhouse units, driveway, required parking, common and private open spaces, and a common parcel to serve the development with shared maintenance of the building and public and private site improvements compatible with neighboring residential developments to the west and to the south, and the commercial uses to the east and across the street from El Camino Real to the north of the project site, subject to conditions set forth in the Conditions of Vesting Tentative Subdivision Map Approval, attached hereto and incorporated by this reference.

B. The design and improvements of the proposed subdivision are consistent with the City’s General Plan, in that the Vesting Tentative Subdivision Map facilitates development of affordable housing stock and construction of ownership housing opportunities for the community; and furthermore complies with General Plan Land Use and Transitional Goals and Polices of the General Plan in that it transforms the vacant lot to a medium density residential development that would transition in scale and intensity of use with existing and planned land uses; and is in proximity to transit with multi-modal connections to local and regional transit service to support transit ridership and reduce vehicle miles traveled.

C. The site is physically suitable for the proposed type of development, in that the Project is compatible with the existing adjacent commercial and residential uses.

D. The site is physically suitable for the proposed intensity of development, in that the Project Site is located in an urbanized area and is served by existing utilities and infrastructure.

Resolution/ 3378-3386 El Camino Re - Vesting Tentative Subdivision Map Page 4 of 5 Rev. Rev: 11/22/17
E. The design of the subdivision and type of improvements are not likely to cause serious health problems, in that the proposed residential subdivision will implement Covenants Conditions and Restrictions for operation and maintenance of the building and site improvements and does not propose the use of hazardous materials.

F. The design of the subdivision and type of improvements are not likely to cause substantial environmental damage and will not substantially or unavoidably injure fish or wildlife or their habitat in that the Project Site is located in an urbanized setting, is a developed site, and the proposed subdivision includes mitigation measures, as identified in the Mitigated Negative Declaration, that will reduce impacts to less-than-significant levels.

G. The design of the subdivision and type of improvements will not conflict with easements acquired by the public at large or use of property within the proposed subdivision in that it is designed to avoid encroachment and conflicts with public easements in the site design.

H. The Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating or cooling opportunities, in that it would allow flexibility in the development standards to maximize the benefits of green building standards for site and building design.

3. Based on the findings set forth in this Resolution and the evidence in the Staff Report and such other evidence as received at the public hearings on this matter before the Planning Commission, the Planning Commission hereby recommends approval of the Vesting Tentative Subdivision Map to the City Council, substantially in the form on file as shown on the attached Vesting Tentative Subdivision Map and Conditions of Vesting Tentative Subdivision Map Approval, hereby incorporated by this reference.

Resolution/ 3378-3386 El Camino Re - Vesting Tentative Subdivision Map Page 5 of 5 Rev. Rev: 11/22/17

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

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

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 11TH DAY OF OCTOBER 2023, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

ANDREW CRABTREE

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Vesting Tentative Subdivision Map

2. Conditions of Vesting Tentative Subdivision Map Approval ________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission October 11, 2023 PLN23-00024

CONDITIONS OF VESTING TENTATIVE SUBDIVISION MAP APPROVAL

GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

B. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
a) Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code. a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurpppw2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
• https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmentalprograms/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD4. No construction code review or analysis is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged.
• During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
• Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.

BD5. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

BD6. Temporary Certificates of Occupancy will not be routinely issued and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.

BD7. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code. • Chp. 15.36 – Energy Code for “all electric” provisions for new construction. ________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
• Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

PLANNING DIVISION
P1. The project shall comply with the Conditions of Architectural Review approvals (PLN22-00304) and the mitigation measures identified in the IS/MND prepared for the project.

PUBLIC WORKS

ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit.

Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.

Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Submit public improvement/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.

E4. All work within State right-of-way shall require a Caltrans encroachment permit.

E5. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E6. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E7. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development and pay all fees.

E8. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.

E9. Obtain City Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction. Vacate electric easement Book of Records 4375 Page 229 as required.

E10. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the ________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees. Subdivision map shall be recorded prior to building permit issuance.

WATER & SEWER
W1. Related Approvals: Applicant shall comply with all related City approvals, entitlements, permits, or requirements associated with the subject property, unless explicitly superseded or revised by the Director of Water and Sewer Utilities.

W2. Separate Services: Applicant shall provide separate water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way services for each parcel to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Services cannot cross a different parcel than the one it serves. No parcel shall be created that requires an easement from an adjacent parcel in order to be served. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W3. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement. Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-760 Agenda Date: 8/16/2023

REPORT TO DEVELOPMENT REVIEW HEARING

SUBJECT
Adoption of a Mitigated Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and Action on Architectural Review for the Demolition of an Existing Commercial Building and the Construction of 22 Townhouse Units in Four, Three-Story Buildings Consistent with Assembly Bill (AB) 3194 Located at 3378-3386 El Camino Real
File No.(s): PLN22-00304
Location: 3378-3386 El Camino Real, an approximately 0.88-acre parcel located on the south side of El Camino Real, between Flora Vista Avenue and Pomeroy Avenue; APN: 290- 02-102; the property is zoned Thoroughfare Commercial (CT).

Applicant: Lynn Wang, VeGuard USA LLC
Owner: VeGuard USA LLC
Request: Adoption of a Mitigated Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and action on Architectural Review for the demolition of an existing commercial building and the construction of 22 townhouse units in four, three-story buildings consistent with AB 3194 located at 3378-3386 El Camino Real Project Data
The Project Data Table is included as Attachment 1.

Points for Consideration
Summary
· The 0.88-acre project site (site) is bounded by El Camino Real to the north, a used car dealership to the east, a multi-family apartment complex to the south, and a mixed-use development (File No. PLN2017-12578) that will be four stories tall currently under construction to the west. The site currently includes an approximately 8,559 square foot onestory commercial building that will be demolished to construct the project. · The site is zoned Thoroughfare Commercial (CT) and has a General Plan Land Use Designation of Community Mixed Use that allows for a residential density of 20 to 36 dwelling units per acre. It is within the El Camino Real Focus Area. · The request is submitted pursuant to Santa Clara City Code (SCCC) Section 18.76.020(c)(3) for new multi-family developments.
· The project utilizes Assembly Bill (AB) 3194, and therefore does not require rezoning. Instead, the project would be required to comply with the objective standards of the Mixed Use Combining (MU) zoning district, which allows for a density range of 19-25 dwelling units per acre and is consistent with the General Plan designation for the site.

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23-760 Agenda Date: 8/16/2023
· Under AB3194, the project must comply with the General Plan density range. The project proposes a density of 25 dwelling units per acre. The project will construct 22 for-sale units.

This includes three units (13.6% of the total units) at a moderate level of affordability and paying an in-lieu fee for the fractional amount to be consistent with the City’s 15% affordable housing requirement.
· The project utilizes an incentive under the density bonus law, Government Code Section 65915, and provide a rear setback of only 10 feet, where 20 feet is required in the MU zoning district.
· Applicant submitted a draft Transportation Demand Management (TDM) plan to reduce Vehicle Miles Travelled (VMT) by 20 percent with a 10 percent reduction through active TDM measures in alignment with the City’s Climate Action Plan (2022). · The applicant submitted a Tentative Map to allow a subdivision of the units to sell individually and that will be processed following the Architectural Review approval at the Development Review Hearing.
· A neighborhood notice was distributed within a 500-foot radius of the subject site for this project review.

Building Design
· The project involves the development of 22 units, totaling approximately 40,149 square feet distributed into four townhouse buildings. The maximum height of each of the buildings would be 38 feet (three-stories).
· The project is designed in Spanish architectural style, using a mix of exterior materials including light sand finish stucco, Mahogany cementitious panels, decorative wooden railings, dark bronze vinyl windows, metal elements, decorative tile and a Spanish ‘S’ tile roofing. · Each building is perpendicular to El Camino Real. Residential entries are mostly oriented towards private walkways and a central paseo that leads to the public sidewalk on El Camino Real. End units fronting El Camino Real have entries that face the street. Residential development should include front doors, windows, stoops, porches, and bay windows or balconies along street frontages, consistent with the El Camino Real Focus Area. · There are a variety of unit sizes- 1 two-bedroom unit and 7 three-bedroom units, and 14 fourbedroom unit. Units range in size from 1,876 square feet to 2,479 square feet (including garages).

Open Space and Landscaping
· The project provides approximately 9,887 square feet of common open space including a central paseo and 3,114 square feet of private open space. The total 13,001 square feet of open landscaped area is 34%, exceeding the MU zone requirement of 30%. · A total of 22 24-inch box trees and 10 36-inch box trees will be planted onsite along with five 15-gallon shrubs along the property lines and along the two entryways to the site. The planting guide plan includes Western Redbud, Jacaranda standard, Saratoga Hybrid, Chinese Pistache, Saw leaf Zelkova and other native shrubs and ground covers. · A new common trash enclosure will be constructed in the southeast corner of the property for City of Santa Clara Page 2 of 5 Printed on 8/9/2023
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23-760 Agenda Date: 8/16/2023
on-site pick up.

Parking
· The project would be accessed by two new full-access driveways along El Camino Real, replacing the existing two driveways.
· A two-car garage for each of the units provides a total of 44 parking spaces for the project. · The proposed project would provide one bicycle parking space per unit for a total of 22 Class one (long-term) bicycle parking onsite and two Class two (short-term) bicycle parking.

Findings
1) That any off-street parking area, screening strips and other facilitates and improvements necessary to secure the purpose and intent of this title and the general plan of the City area a part of the proposed development, in that;
· The development provides a total of 44 on-site parking spaces and provides adequate circulation for vehicular access.
2) That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard, in that; · The proposed project would not generate an increase in vehicle trips to the level of a significant impact as determined in the Initial Study prepared for the project. · On balance, the project is consistent with the City’s General Plan as discussed in Table 2 of Attachment 1.
3) That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this title and the general plan of the City, in that; · The development includes four three-story residential structures and other on-site improvements including landscaping that is compatible with the existing residential uses in the area.
4) That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development, and will not be materially detrimental to the public welfare or injuries to property or improvements in said neighborhood, in that; · The project is subject to the California Building Code and City Code requirements, which serve to regulate new construction to protect public health, safety, and general welfare.
· The use, scale, and design of the development, as conditioned, are consistent with the General Plan and is designed to be compatible with the uses in the surrounding area. 5) That the proposed development, as set forth in the plans and drawings, are consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division City of Santa Clara Page 3 of 5 Printed on 8/9/2023
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from time to time by the City Council, which set shall be maintained in the planning division office. The policies and criteria so approved shall be fully effective and operative to the same extent as if written into and made a part of this title, in that; · The proposed design and form of the building is consistent with the City’s Design Guidelines and General Plan policies.
· The project provides for an attractive and functional site arrangement of the buildings and other improvements on a site transitioning from commercial to provide a variety of residential units consistent with the General Plan.It provides a high-quality architectural and landscape design.

CONDITIONS OF APPROVAL
Conditions of Approval are available as Attachment 2.

ENVIRONMENTAL REVIEW
The action being considered takes into account the potential environmental impacts of the project addressed in a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA). The MND and Notice of Availability were posted on the City’s website and were circulated for 30-day review on July 3, 2023, and closed on August 2, 2023, in accordance with CEQA.

The MND analyzed the project’s impact in the various environmental topics covered by CEQA. Most topics were found to have less than significant impact or no impact. The following topics were found to have potential impacts that could be reduced to less than significant with mitigation: air quality, biological resources, cultural resources, Geology and soils, hazards and hazardous materials, and tribal cultural resources. The mitigations and responsible parties for mitigation are included in the MMRP (Attachment 4).

Findings
There is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis.

Public comments received on the IS/MND are available as Attachment 6.

PUBLIC CONTACT
On August 3, 2023, a notice of public hearing of this item was posted in three conspicuous places within 300 feet of the project site and mailed to property owners within 500 feet of the project site.

An applicant-led virtual Community Meeting was held on August 22, 2022, to gather community input on the proposal. Two members of the public attended the meeting.

The Planning Staff has received couple of comments about the project and are available as Attachment 6 with this report.

RECOMMENDATION
Adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) based on findings and approve the Architectural Review for the demolition of an existing commercial building and construction of 22 townhouse units in four, three-story buildings consistent City of Santa Clara Page 4 of 5 Printed on 8/9/2023
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23-760 Agenda Date: 8/16/2023
with AB 3194 located at 3378-3386 El Camino Real, subject to findings and conditions of approval.

Prepared by: Nimisha Agrawal, Senior Planner, Community Development Approved by: Lesley Xavier, Planning Manager, Community Development Attachments:

1. Project Data and General Plan Consistency Table

2. Conditions of Approval

3. Link to the Environmental Documents

4. Mitigation Monitoring and Reporting Program (MMRP)

5. Development Plans

6. Public Comments Received
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PLN22-00304; 3378-3386 El Camino Real
DRH August 16, 2023
TABLE 1: PROJECT DATA
*Following Mixed-Use Combining (MU) zoning development standards pursuant to AB 3194 requirements.

TABLE 2: PROJECT CONSISTENCY WITH SANTA CLARA GENERAL PLAN LAND

USE POLICIES
Land Use Policies Project Consistency

5.3.1-P2: Encourage advance notification
and neighborhood meetings to provide an
opportunity for early community review of
new development proposals.

The project included a community meeting
that was held on August 22, 2022 to gather
community input on the proposal.

A Notice of Development Proposal was
posted on the project site.

5.3.1‐P8 Work with property owners to
improve or redevelop underutilized and
vacant properties.

5.3.1‐P9: Require that new development
provide adequate public services and
facilities, infrastructure, and amenities to
serve the new employment or residential
growth.

The project would utilize the currently
underutilized property for the construction of
22 residential units with onsite amenities and
infrastructure improvements that include
private street and utilities, parking, and
landscape recreation and open space to serve
the development.

5.3.1‐P10: Provide opportunities for
increased landscaping and trees in the
community, including requirements for new
There are existing nine trees on-site, seven
co-owned trees and 15 off-site trees. The
project will plant 22 24” box trees and 10 36”
Existing Proposed
General Plan Designation Community Mixed Use No Change
Zoning Designation Throughfare Commercial
(CT)
No change*
Land Use Commercial Residential
Lot Size 0.88 acre No change
Building Square Footage
(Sq. ft.) 8,559 40,149
Residential Units None 22
Lot Coverage (%) 22 35
Height (ft.) Single-story 38 (3-story buildings)
Open Landscaped Area
(sq. ft.) 2,200 (6%)
Common Area; 9,887
Private Area: 3,114
Total: 13,001 (34%)
Parking 56 44 covered parking
Bicycle Parking None 22 Class one; One per residential
unit; 2 Class two
Flood Zone X No Change
PLN22-00304; 3378-3386 El Camino Real
DRH August 16, 2023
Land Use Policies Project Consistency
development to provide street trees and a
minimum 2:1 on‐ or off‐site replacement for
trees removed as part of the proposal to help
increase the urban forest and minimize the
heat island effect.
box trees with 15-gallon shrubs along the
property lines.

5.3.1‐P12: Encourage convenient
pedestrian connections within new and
existing developments.

The project includes a new 10-foot wide
sidewalk with a 4 foot wide landscape strip
along the project frontage.

5.3.1-P26: Support a community-initiated
planning process so that existing
neighborhoods can participate in developing
more detailed plans for street, landscape
and pedestrian facility improvements.

The community engagement process was
initiated early on, in advance of the formal
Planning application submittal.

5.3.1‐P29 Encourage design of new
development to be compatible with, and
sensitive to, nearby existing and planned
development, consistent with other
applicable General Plan policies.

The single three-story building is oriented
away from the existing single-family
development to avoid any privacy concerns.

The project would plant trees and shrubs to
address the privacy concerns of the existing
multifamily along the rear property line.

5.3.2‐P6 Provide adequate choices for
housing tenure, type and location, including
higher density, and affordability for low‐ and
moderate‐income and special needs
households.

The project will construct 22 for-sale
townhome units that include 3 moderateincome units. Project provides a variety of unit sizes- 1 two-bedroom unit and 7 threebedroom units, and 14 four-bedroom unit.

The unit sizes range from 1,876 square feet
to 2,479 square feet (including garages).

5.3.2‐P8: Require new residential
development to comply with applicable
regulations for the provision of affordable
housing.

The project provides 13.6% units at a
moderate level of affordability and would pay
the in-lieu fee as included in the projects
conditions of approval.

5.4.6‐P11: Require new buildings to
maintain a consistent setback/build‐to‐line
from the public right-of-way in order to
create a well‐defined public sidewalk and
street.

The project provides 10’ front and side
setbacks and a well-defined 10-foot detached
sidewalk along the project frontage.

5.4.6‐P14: Encourage sensitive design and
site planning to minimize the scale of larger
The project provides features with visual
interest such fenestrations and recesses.

PLN22-00304; 3378-3386 El Camino Real
DRH August 16, 2023
Land Use Policies Project Consistency
buildings through use of building massing,
setbacks, façade articulation, fenestration,
varied parapets and roof lines, and
pedestrian‐scaled architectural details.

Material changes and color are introduced to
help minimize the scale of the building.

5.5.2-P1: Require that new development
incorporate building articulation and
architectural features, including front doors,
windows, stoops, porches or bay windows
along street frontages, to integrate new
development into the existing
neighborhoods.

Residential entries are oriented towards the
public sidewalk on El Camino Real.

Residential development should include front
doors, windows, stoops, porches, and bay
windows or balconies along street frontages,
consistent with the El Camino Real Focus
Area.

5.5.2‐P4 Provide adequate separation
between incompatible land uses in order to
minimize negative effects on surrounding
existing and planned development.

5.5.2‐P5 Require that new development
provide an appropriate transition to
surrounding neighborhoods.

5.5.2‐P9 Improve pedestrian amenities,
including sidewalks and bicycle paths, to
promote neighborhood compatibility
The proposed building is centered on the site
providing the required 10 foot front and side
setback. A concession is used to provide a 10
foot rear setback where a 20 foot setback is
required in the MU Zoning district. On site
landscaping provides adequate separation
and transition from multifamily to single family
development. A continuous bike lane will be
installed along the project frontage on El
Camino Real.
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CONDITIONS OF APPROVAL

GENERAL

1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

2. Comply with all applicable codes, regulations, ordinances and resolutions.

COMMUNITY DEVELOPMENT

BUILDING DIVISION
BD1. Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer. The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
• Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map:
https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
• https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmentalprograms/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD4. No construction code review or analysis is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 2 of 16 Development Review Hearing 8.16.23
(19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged.
• During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above.

L1. All stair shafts shall be min. 1 hour rated.

L2. All elevator shafts shall be min. 1 hour rated.

L3. All trash chute shafts shall be min. 1 hour rated.

L4. Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room.

L5. Any trash rooms shall be min. 1 hour rated all sides and above.

BD7. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code.

1. Chp. 15.36 – Energy Code for “all electric” provisions for new construction.

2. Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

HOUSING & COMMUNITY SERVICES DIVISION
H1. In accordance with the Santa Clara City Code chapter 17.40, this project is subject to the affordable housing requirements and impact fee for the proposed 22 units for-sale residential development.

The Applicant shall provide not less than fifteen percent (15%) of the units (or 3.3 units) to affordable households made available at affordable sales prices to extremely low, very low, low and/or moderateincome households as long as the distribution of affordable units averages to a maximum of onehundred (100) percent of Area Median Income. All prices are set in accordance with the City’s Below Market Purchase (BMP) Program Policies and Procedures Manual (subject to updates and changes).

Applicant shall be responsible for cost incurred under the California Building Standards (California Code of Regulations, Title 24) for the each affordable for- sale residential unit.

Additionally, where the calculation of affordable housing requirements results in a fractional unit, the Applicant shall either pay an In-Lieu Fee or the Applicant shall provide an additional unit to satisfy the requirement. Any in-lieu fee payment due to the City by the Applicant shall be payable prior to the issuance of the certificate of occupancy. The in-lieu fee amount shall be equal to the difference between the unrestricted appraised market value ("Initial Market Value") and the Affordable Sales Price ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 3 of 16 Development Review Hearing 8.16.23
of one of the BMP units at completion, multiplied by the fractional unit. The Initial Market Value of the last BMP unit sold shall be the basis for calculating the in-lieu fee to be paid by Applicant.

Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement (AHA) with the City that will determine the Affordable Sales Price, identify the actual unit to be sold as the Affordable Unit, and apply all terms and covenants guaranteeing the prescribed affordability.

Satisfaction of the affordable housing obligation shall be memorialized in the AHA and subject to City Council approval. There will be a fee for the preparation of the AHA in the amount of $4,020 which will be due prior to execution of the AHA. Please note all fees are based on the current Municipal Fee Schedule in effect at the time the project is approved.

H2. Applicant have elected to provide 3 units as affordable units and will pay fractional in lieu of the 0.3 of a unit.

PLANNING DIVISION
P1. Submit plans for final architectural review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to site plans, floor plans, elevations, landscaping, lighting and signage. Landscaping installation shall meet City water conservation criteria in a manner acceptable to the Director of Community Development.

P2. Obtain required permits and inspections from the Building Official and comply with the conditions thereof. If this project involves land area of 1 acre or more, the developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A storm water pollution prevention plan is also required with the NOI.

P3. Comply with all requirements of Building and associated codes (the CBC. CEC, CMC, CPC, California Green Building Code, the California Energy Code, etc.) current at the time of application for Building Permit, that includes grading and site utility permits.

P4. The Developer shall comply with the Mitigations Monitoring and Reporting Program identified in the Initial Study / Mitigated Negative Declaration and shall be incorporated in the Conditions of Approval for this project.

P5. A change in the original number of unit and any subsequent division or increase in the number of units shall require a discretionary development permit.

P6. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P7. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of permits. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Inspection Division for incorporation into construction drawings and specifications.

P8. An erosion control plan shall be prepared, and copies provided to the Planning Division and to the Building Inspection Division for review and approval prior to the issuance of grading permits or building permits that involve substantial disturbance of substantial ground area.

P9. Commercial, industrial, and multi-family residential buildings must have enclosures for solid waste and recycling containers. The size and shape of the enclosure(s) must be adequate to serve the estimated solid waste and recycling needs and size of the building(s) onsite and should be designed and located on the property so as to allow ease of access by collection vehicles. As a general rule, the size of the enclosure(s) for the recycling containers should be similar to the size of the trash enclosure(s) provided onsite. Roofed enclosures with masonry walls and solid metal gates are the preferred design. Any required enclosure fencing (trash area, utility equipment, etc.) if not see-thru, shall have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures shall be locked.
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P10. The Final Storm Water Management Plan (SWMP) must be certified by a third-party consultant from SCVURPP’s current list of qualified consultants. Five copies of the approval letter from the certified third party review (wet stamped and signed) must be submitted prior to the issuance of grading or building permit.

P11. Prior to the issuance final occupancy, the applicant shall enter into an Operations and Maintenance (O&M) agreement with the City. The project operator is responsible for the operations and maintenance of the SWMP and stormwater BMPs consistent with the O&M agreement throughout the life of the project.

P12. A complete landscape plan that includes, type, size and location of all plant species shall be required as part of architectural review of the project. Review and approval of the complete landscape plan, including water conservation calculations and irrigation plan shall be required prior to issuance of building permits. Installation of landscaping is required prior to occupancy permits.

P13. Site landscaping shall be maintained in good condition throughout the life of the Development and no trees shall be removed without City review and approval.

P14. Trees permitted by the City for removal shall be replaced at a 2:1 ratio with 24-inch box specimen trees reviewed, or equal alternative as approved by the Director of Community Development.

P15. The project shall provide complete streets, 10’ minimum separated sidewalk with 4’ landscape strip, along the project frontage on El Camino Real
P16. Construct six-foot masonry wall along property lines abutting commercial and residential properties in accordance with Zoning Ordinance requirements or to the satisfaction of the Director of Community Development.

P17. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P18. Minor changes to the project would be subject to Planning Division review and approval prior to issuance of building permits.

P19. Construction activity not confined within a building shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and not permitted on Saturdays and Sundays for projects within 300 feet of a residential use.

Construction activity confined within a building shall be limited to the hours of 7:00 A.M. to 6:00 P.M. following on weekdays other than holidays, Monday through Friday, inclusive; and within the hours of 9:00 A.M. to 6:00 P.M. following, inclusive, on any Saturday which is not a holiday. Construction activity shall not be allowed on recognized State holidays, as noted in Section 9.10.230 of the SCCC, as amended.

P20. The Developer/Owner shall implement the project Transportation Demand Management (TDM) program that includes elements to reduce the VMT by 20 percent with 10% through active TDM measures per 2022 Climate Action Plan.

P21. Applicant/property owner shall monitor the project TDM program and submit an annual report to the Director of Planning and Inspection.

P22. The project shall provide electrical vehicle (EV) parking requirements as specified in the Reach Codes adopted in 2021.

FIRE
F1. Prior to Building Permit Issuance, a Phase II environmental assessment is required to be submitted to CRRD for review. If hazards are present that require site mitigation, cleanup, or management of chemical contaminants in soil, soil vapor, or groundwater a separate permit from one of the regulatory agencies below will be required. The type and extent of contamination on site(s) will govern which of the regulatory agencies noted below can supervise the cleanup:
a. Department of Toxic Substances Control (DTSC);
b. State Water Resources Control Board; or
c. Santa Clara County, Department of Environmental Health.

F2. Prior to Building Permit Issuance, a permit for Construction Safety & Demolition shall be submitted to the fire department for review and approval in compliance with the fire department Construction Safety & Demolition standard.
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F3. Prior to Building Permit Issuance, provide documentation from the City of Santa Clara Water & Sewer Department that the minimum required fire-flow can be met. Fire Department fire-flow will be based on the current California Fire Code as amended (maximum reduction is 25-percent). The most restrictive departments requirement shall apply.

F4. Prior to Building Permit Issuance, a separate fire department construction permit for fire hydrants shall be obtained from the fire department. The required number, location and distribution of fire hydrants for the buildings will be based on the current California Fire Code, Appendix C as amended. The required number of fire hydrants will be based on the fire-flow before the reduction for fire sprinklers. Both public and private fire hydrants will be required.

F5. Prior to Building Permit Issuance, the five-foot all-weather perimeter pathway around the entire perimeter of the buildings to facilitate firefighter access is required to be incorporated into the Building permit submittal.

F6. Prior to the issuance of the Building Permit, a fire department construction permit from the fire department apparatus access roads is required to be submitted for review and approval. Roadways must be provided to comply with all the following requirements:

F7. Prior to the issuance of the Building Permit, a fire department construction permit from the fire department apparatus access roads is required to be submitted for review and approval. Roadways must be provided to comply with all the following requirements:
a. Fire apparatus access roadways shall be provided so that the exterior walls of the first story of the buildings are located not more than 150 feet from fire apparatus access as measured by an approved route around the exterior of each building. In addition, aerial apparatus roadways must be located so aerial apparatus will have clear access to the “entire” face/sides of the building. The minimum number of sides is project-specific and depends on the building configuration, building design, occupancy, and construction type, etc. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. b. The roadways between the buildings shall be identified as fire lanes and provided with signage and red curbs. Details must be incorporated into the Building Permit Submitta c. The “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches. d. The “minimum” width of aerial roadways for aerial apparatus is 26 feet. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. e. The minimum inside turning radius shall be 30 feet.
f. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. g. Overhead utility and power lines easements shall not be located over fire apparatus access roads or between the aerial fire apparatus roads and the buildings to avoid the possibility of injury and equipment damage from electrical hazards. Any electrical lines fronting the property must be undergrounded.
h. Fire apparatus access roadways shall be all-weather surface(s) designed to support a gross vehicle weight of 75,000-pounds.
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i. Emergency escape and rescue window access must be provided in accordance with fire department requirements. If fire department has to walk on the roof assemblies to access the openings a pathway must be provided and capable of supporting a 1000-lbs. These details must be incorporated into the Building permit set.
j. Trees at full development must not exceed 30’ in height and not impair fire department operations. Other obstructions such as site lighting, bio-retention, and architectural features are reviewed case-by-case to ensure they do not obstruct aerial and ground ladder access. k. Traffic control/calming devices are not permitted on any designated fire access roadway unless approved. A separate Fire Department permit is required for any barrier devices installed alone fire department apparatus access roads.
l. All fire department apparatus access roadways on private property are required to “be recorded” with the County of Santa Clara as Emergency Vehicle Access Easements (EVAE’s).

F8. Prior to Building Permit Issuance, provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.

F9. Prior to the start of construction, roadways and water supplies for fire protection are required to be installed and made serviceable and maintained throughout the course of construction.

F10. Prior to any Certificate of Occupancy Issuance (temporary or permanent), fire-life safety systems installations must be fully installed, functional, and approved.

PARKS & RECREATION
PR1. This memo assumes the Project is a subdivision and the Quimby Act provisions will apply. The project will generate an estimated 53 residents (2.4 persons/household x 22 units). Based on the Quimby Act standard of 3.0 acres/1000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately 0.1584-acres. The equivalent fee due in lieu of parkland dedication is therefore $1,156,342. The City will accept a fee in lieu of parkland dedication for this project with less than 50 units.

PR2. Application for Credit. It is unlikely the Project could achieve the requirements needed to qualify for credit.

PR3. Dwelling Unit Tax. According to City Code Chapter 3.15, a dwelling unit tax is also due based upon the number of units and additional bedrooms. The Project mix includes 1 two-bedroom units and 7 threebedroom units and 14 four-bedroom units [$15 x 22 bedrooms) + ($5 x 57 additional bedrooms)] for a total DUT of $615.00.

PR4. Final calculations will depend upon the actual number and type of units and the mix of parkland dedicated and remaining fee due, at the discretion of the City, as well as the current Fee Resolution when the project is deemed complete by Planning Dept.

POLICE
The property should be fenced off during demolition and construction as a safety barrier to the public and deterrent to theft and other crime. Consider not having any screening material on the fence so passing Police Patrol checks will be able to see into the site.

PD2. Address numbers should be a minimum of twelve (12) inches in height for commercial or industrial buildings. Consider illuminated numbers during the hours of darkness, and in a color that is contrasting to the background material. They shall be clearly visible from the street. Where multiple units or buildings occupy the same property, each unit/building address shall be clearly visible. A monument sign, preferably at all entrances to the property, should be prominently displayed showing all unit/building numbers, addresses, etc. A map is recommended for large complexes with multiple streets or walkways.

PD3. Each distinct unit within the building shall have its address displayed on or directly above both front and rear doors.
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PD4. Landscaping should follow the National Institute of Crime Prevention standards. That standard describes bushes/shrubs not exceeding 2’ in height at maturity, or maintained at that height, and the canopies of trees should not be lower than 6’ in height. Crime deterrent vegetation is encouraged along the fence and property lines and under vulnerable windows.

PD5. Lighting for the project to be at the IES (Illuminating Engineering Society of North America) standards and include the features listed below: White light source, Pedestrian Scale, Full cut-off or shoebox design, Unbreakable exterior,Tamperproof Housings,Wall mounted lights/10’ high. These features increase natural surveillance, support and/or enhance security camera capabilities, and increase Police Patrol effectiveness.

PD6. Any required enclosure fencing (trash area, utility equipment, etc.) would preferably be see-thru. If for aesthetic reasons prohibit that, the fencing should have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures should be locked.

PD7. If the project includes any benches, these benches should not be longer than 5 feet in length, and should have arm rests at both ends. If the benches are longer than 5 feet in length, there should be a divider (arm rest or similar) in the middle of the bench in addition to the arm rests on both ends. This helps prevent unlawful lodging and/or skateboarding. Another option to benches could be cubes, knee walls, or other creative types of seating possibilities.

PD8. The developer should install skate stoppers on any low clearance wall of 36 inches in height or lower to prevent vandalism/damage to the wall from skateboarding or similar activities. If there is outdoor seating associated with a restaurant or similar business which is near vehicle parking stalls, the outdoor space will be designed to ensure the safety of the public from possible vehicular related incidents.

PD9. All exterior doors should be adequately illuminated at all hours with their own light source.

PD10. All construction of dwelling units shall conform to the requirements of the Uniform Building Security Code as adopted by the City of Santa Clara City Council.

PD11. Other line of sight obstructions (including recessed doorways, alcoves, etc.) should be avoided on building exterior walls and interior hallways.

PD12. The installation and use of interior and exterior security cameras and recording devices PD13. Alcoves and other visual obstructions that might constitute a hiding place should be eliminated whenever structurally possible. Pillars, columns, and other open construction should be considered over a solid wall design.

PD14. Applicant shall install signage to prevent theft from vehicles in the parking lots. In addition, the use of quality lighting, installation of high-quality video cameras/recorders, and license plate readers are highly encouraged to prevent thefts from vehicles.

PUBLIC WORKS

ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted within a Single Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E4. All work within State right-of-way shall require a Caltrans encroachment permit. ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 8 of 16 Development Review Hearing 8.16.23
E5. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E7. 6” sanitary sewer laterals shall be connected by “Tap-Tite” connections to City sanitary sewer main a minimum 5’ downstream from existing manholes with property line cleanout, 2% minimum slope, and minimum SDR-26 pipe material.

E8. Developer shall provide a complete storm drain study for the 10-year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

E9. Storm drain laterals shall connect to existing storm drain manholes or catch basins, be RCP and 12” minimum with property line cleanout.

E10. All storm drain mains and laterals, sanitary sewer mains and laterals shall be outside the drip line of mature trees or 10’ clear of the tree trunk whichever is greater.

E11. Provide root barriers when the drip line of the mature trees covers the sidewalk. Root barriers for sidewalk protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 1.5' deep, and centered on trees. Root barriers for curb and gutter protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 2’ deep, and centered on trees.

E12. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development and pay all fees.

E13. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.

E14. Obtain City Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction. Vacate electric easement Book of Records 4375 Page 229 as required.

E15. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

Subdivision map shall be recorded prior to building permit issuance.

E16. Trash enclosure shall be roofed.

E17. Pavement treatment shall be 2” grind and overlay for the half street width of El Camino Real along the project frontage.

E18. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction.

E19. Provide loading/unloading zone on-site.

E20. Provide a minimum of 2 Class II bicycle rack spaces at the main entrance and/or high visible areas.

E21. Improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.

E22. All proposed driveways shall be ADA compliant per City Standard ST- 8.

E23. Unused driveways in the public right-of-way shall be replaced with City standard curb, gutter, and sidewalk per City Standard Detail ST-12.

E24. Along project frontage of El Camino Real, install R28S(CA) signs with double arrow to implement parking removal approved by City Council via Resolution 22-9047. ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 9 of 16 Development Review Hearing 8.16.23
E25. Caltrans permit will be required for all work within the right-of-way along El Camino Real.

E26. Provide 10’ minimum separated sidewalk with 4’ landscape strip along El Camino Real property frontage.

E27. Provide trash pick-up/drop-off on-site.

STREETS DIVISION
Landscape
L1. 2:1 tree replacement for all trees to be removed from the site. If replacement ratio cannot be met, developer must pay city in-lieu fees set by the Department of Public Works. Minimum tree replacement size will be a 24-inch box for all on-site plantings, with all Street trees to be a minimum 36-inch box. Street tree selection shall be per City specifications; spacing, and specie to be determined by City Arborist.

L2. No cutting of any part of public trees, including roots, shall be done without following City tree preservation specifications and securing approval and direct supervision from the City Arborist at (408) 615-3080.

Applicant is advised to contact City Arborist to obtain required tree removal permits in the event trees are removed.

L3. No cutting of any part of private trees, including roots, shall be done without direct supervision of a certified arborist (Certification of International Society of Arboriculture).

Solid Waste
SW1. The applicant shall complete and provide the Post-Construction Solid Waste Generation Estimation and Collection Form, which includes the estimation of trash and recycling materials generated from the project. Use the City’s Solid Waste Guidelines for New and Redevelopment Projects as specified by the development type. Contact the Public Works Department at [email protected] or (408) 615-3080 for more information.

SW2. The applicant shall provide a site plan showing all proposed locations of solid waste containers, chutes, compactors, trash enclosures and trash staging areas. The site plan shall show the route or access for trash and recycling collectors (trucks) including vertical clearance, turning radius and street/alley widths.

All plans shall comply with the City’s Solid Waste Guidelines. Private roads must be constructed to accommodate weights of 60,000 pounds. Haulers are not responsible for normal wear and tear damage to private roadways.

SW3. For projects that involve construction, demolition or renovation of 5,000 square feet or more, the applicant shall comply with City Code Section 8.25.285 and recycle or divert at least sixty five percent (65%) of materials generated for discard by the project during demolition and construction activities. No building, demolition, or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. Applicant shall create a Waste Management Plan and submit, for approval, a Construction and Demolition Debris Recycling Report through the City’s online tracking tool at http://santaclara.wastetracking.com/.

SW4. Prior to obtaining a Temporary or Final Certificate of Occupancy, individual weight tickets for all materials generated for discard or reuse by the project during demolition and construction activities shall be uploaded to Green Halo and submitted for review and approval by Environmental Services. At a minimum two (2) weeks review time is required.

SW5. This project is subject to the City’s Accumulation, Transportation and Disposal of Solid Waste Ordinance (Chapter 8.25 of the Municipal Codes), which requires the handling and disposal of waste by authorized service haulers. Insert the General Notes for the Construction & Demolition (C&D) Waste Management into construction plans in accordance with the City’s municipal codes prior to the issuance of a Building or Grading permit. Provide the Green Halo waste online tracking number to Building staff prior to the issuance of a demolition or building permit.

SW6. Project applicant shall contact the Public Works Department, Street Maintenance Division at (408) 615- 3080 to verify if the property falls within the City’s exclusive franchise hauling area. If so, the applicant is required to use the City’s exclusive franchise hauler and rate structure for any hired debris boxes. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the Construction and Demolition (C&D) / Waste Management Rules and Regulations Form. ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 10 of 16 Development Review Hearing 8.16.23
SW7. All refuse from all residential properties within the city shall be collected at least once a week, unless otherwise approved in writing (SCCC 8.25.120). Garbage service level required for residential developments (single-family and multi-family) shall be no less than twenty (20) gallons per unit. All projects shall submit to the Public Works Department the preliminary refuse service level assessment for approval.StormwaterST1. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, the Special Project Narratives and Worksheet (as appropriate), and an Erosion and Sediment Control Plan.

Stormwater
ST1. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, the Special Project Narratives and Worksheet (as appropriate), and an Erosion and Sediment Control Plan.

ST2. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter shall be submitted with the Plan.

ST3. For project that disturbs a land area of one acre or more, the applicant shall provide a copy of the Notice of Intent (NOI) with WDID number for coverage under the State Construction General Permit.

Active projects with NOI will be inspected by the City once per month during the wet season (October – April).

ST4. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans.

ST5. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.

ST6. During the construction phase, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. The City reserves the right to review the 3rd party inspection reports on the C.3 stormwater facilities installation.

ST7. Applicant shall install biotreatment soil media that meets the minimum specifications as set forth in the SCVURPPP C.3 Stormwater Handbook. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix (the date of such document shall not be older than 3 months).

ST8. As-Built drawing shall be submitted to the Public Works Department. Include C.3 Stormwater Treatment Facilities Construction general notes on the improvement plans.

ST9. Permeable Pavement, Media Filter vaults, Interceptor Trees and Trash Full Capture Devices shall be inspected by a third-party reviewer and/or manufacturer representative for conformance with the details and specifications. If necessary, percolation test shall be performed to ensure proper installation. A map displaying the number, location and details of full trash capture devices shall be prepared as an attachment to the Operations and Maintenance (O&M) Agreement with the City.

ST10. Stormwater treatment facilities must be designed, installed, and maintained to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook (Chapter 6 and Appendix C).

ST11. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures and full trash capture devices in perpetuity. Applicants should contact Public Works Dept. - Environmental Services at (408) 615-3080 or [email protected] for assistance completing the Agreement. For more information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 11 of 16 Development Review Hearing 8.16.23
at http://santaclaraca.gov/stormwater. Inspection of permeable pavement, media filter vaults and full trash capture devices is to be done annually by December 31 of each year.

ST12. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement.

ST13. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.

ST14. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST15. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST16. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.

ST17. Decorative and recreational water features such as fountains, pools, and ponds shall be designed and constructed to drain to the sanitary sewer system only.

ST18. The use of architectural copper is discouraged. If such material is used, all wastewater generated by the installation, cleaning, treating, or washing of the surface of copper architectural features, including copper roofs, shall not be discharged to the City’s storm drain system.

SILICON VALLEY POWER
SVP1. Decorative streetlights along EL Camino will remain in place. Single streetlight that has been called out to be relocated will be transferred to the new foundation. Refer to UG-1540 standard for decorative streetlight foundation details. SVP will remove and install the streetlight on the developer provided foundation. SVP will wire all streetlighting circuits and bill developer for actual costs incurred for the relocation.

SVP2. Existing streetlight conduit shown under new proposed trees will need to be relocated inside the new SVP trench along the frontage. All relocation costs are actual costs incurred to be paid for by the developer.

SVP3. All offsite substructure work to be designed and constructed by developer. SVP trench extension will need to tie into existing SVP Pull box#168.

SVP4. All secondary, streetlight, and utility electric systems to be designed in detailed design. An approved SVP developers work drawing will be required for any encroachment permit or building permit approval.

SVP5. Clearances: (Make sure job notes do not conflict with SVP clearance requirements) a. EQUIPMENT
i. Ten (10) foot minimum clearance is required in front of equipment access doors. (UG1000 sheet 11)
ii. Five (5) foot minimum clearance from pad is required on sides without equipment access doors. (UG1000 sheet 11)
iii. Eighteen (18) foot minimum width, shall be provided and maintained on one side of the equipment pad to allow an electric dept. line truck to drive up next to the pad for installation and maintenance of equipment. (UG1000 Sheet 11). iv. Barrier pipes are required only on sides accessible to vehicles. (UG1000 Sheet 12).

1. Thirty (30) inches from side of equipment sides.

2. Forty Eight (48) inches in front of access doors.
a. Barrier Pipes in front of access doors shall be removable. b. CONDUITS
i. Five (5) foot minimum longitudinal clearance between new conduits or piping systems (open trench installation) and any existing or proposed SVP conduit system. This is for longitudinal. (UG1250 sheet 5)
ii. Twelve (12) inch minimum vertical clearance between new conduit/pipes installed perpendicular to existing SVP conduits for open trench installations. (UG1000 sheet 36, UG1250 Sheet 6)
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 12 of 16 Development Review Hearing 8.16.23
iii. Three (3) foot six (6) inches clearance is required from poles for open trench installation.

Exceptions are for riser conduit. (UG1250 Sheet 7)
iv. Three (3) foot minimum clearance is required between sign posts, barrier pipes or bollards, fence posts, and other similar structures. ( UG1250 sheet 10). v. Five (5) foot minimum from new splice boxes, pull boxes, manholes, vaults, or similar subsurface facilities. (UG1000 sheet 8)
vi. Five (5) foot minimum clearance from walls, footings, retaining wall, landscape planter, tree root barrier or other subsurface wall or structure. (UG1250 sheet 9). vii. Five (5) foot minimum clearance is required between fire hydrant thrust block. The thrust block extends 5’ foot on either side of the fire hydrant in line with the radial water pipe connected to the hydrant.
c. VAULTS/MANHOLES
i. Ten (10) foot minimum clearance is required between adjacent Vaults or Manholes. ii. Five (5) foot minimum clearance is required between adjacent conduits. iii. Minimum 36” from face of curb, or bollards required. d. Poles (Electrolier, Guy Stub poles, service clearance poles, self-supporting steel poles and lighting poles.)
i. Three (3) foot six (6) inches clearance is required from poles for open trench installation.

Exceptions are for riser conduit. (UG1250 Sheet 7)
e. Guy Anchors
i. Five (5) foot minimum clearance is required between center of anchor line and any excavation area. (UG1250 sheet 15).
f. Trees
i. OH 1230 for Overhead Lines
ii. SD 1235 for Tree Planting Requirements near UG Electric Facilities SVP6. Reference listed SVP standards for clearances.
a. Installation of Underground Substructures by Developers b. UG1250 – Encroachment Permit Clearances from Electric Facilities c. UG0339 – Remote Switch Pad
d. OH1230 – Tree Clearances From Overhead Electric Lines e. SD1235 – Tree Planting Requirements Near Underground Electric Facilities SVP7. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits.

SVP8. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

SVP9. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

SVP10. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

SVP11. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Standard MS-G7, Rev. 2.

SVP12. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter

17.15.110).

SVP13. If the “legal description” (not “marketing description”) of the units is condominium or apartment, then all electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. If they are townhomes or single-family residences, then each unit shall have it’s own meter, located on the structure. A double hasp locking arrangement ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 13 of 16 Development Review Hearing 8.16.23
shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided. Utility room door(s) shall not be alarmed.

SVP14. If transformer pads are required, City Electric Department requires an area of 17’ x 16’-2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk. Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

SVP15. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

SVP16. Any relocation of existing electric facilities shall be at Developer’s expense.

SVP17. Electric Load Increase fees may be applicable.

SVP18. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property.

Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at his cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system (Santa Clara City Code chapter 17.15.210 (2)).

SVP19. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Title 17 Appendix A (Table III)).

SVP20. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-TransitionMode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

SVP21. Encroachment permits will not be signed off by Silicon Valley Power until Developers Work substructure construction drawing has been completed.

SVP22. All SVP-owned equipment is to be covered by an Underground Electric Easement (U.G.E.E.) This is different than a PUE. Only publically-owned dry utilities can be in a UGEE. Other facilities can be in a joint trench configuration with SVP, separated by a 1’ clearance, providing that they are constructed simultaneously with SVP facilities. See UG 1000 for details.

SVP23. Proper clearance must be maintained from all SVP facilities, including a 5’ clearance from the outer wall of all conduits. This is in addition to any UGEE specified for the facilities. Contact SVP before making assumptions on any clearances for electric facilities.

SVP24. Transformers and Switch devices can only be located outdoors. These devices MAY be placed 5’ from an outside building wall, provided that the building wall in that area meets specific requirements. (See UG 1000 document for specifics) EXAMPLE: If there are any doors, windows, vents, overhangs or other wall openings within 5’ of the transformer, on either side, then the transformer MUST be 10’ or more away from the building. These clearances are to be assumed to be clear horizontally 5’ in either direction and vertically to the sky.

SVP25. All existing SVP facilities, onsite or offsite, are to remain unless specifically addressed by SVP personnel by separate document. It is the Developers responsibility to maintain all clearances from equipment and easements. Developer to contact SVP outside of the PCC process for clear definitions of these clearance requirements. Developer should not assume that SVP will be removing any existing facilities without detailed design drawings from SVP indicating potential removals. Simply indicating that ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 14 of 16 Development Review Hearing 8.16.23
SVP facilities are to be removed or relocated on conceptual plans does not imply that this action has been approved by SVP.

SVP26. SVP does not utilize any sub-surface (below grade) devices in its system. This includes transformers, switches, etc.

SVP27. All interior meter rooms at ground level are to have direct, outside access through only ONE door.

Interior electric rooms must be enclosed in a dedicated electric room and cannot be in an open warehouse or office space.

SVP28. In the case of podium-style construction, all SVP facilities and conduit systems must be located on solid ground (aka “real dirt”), and cannot be supported on parking garage ceilings or placed on top of structures.

SVP29. Applicant is advised to contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal. Please provide a site plan to Leonard Buttitta at 408-615-6620 to facilitate plan review.

WATER & SEWER
W1. Development Impact Analysis: A Development Impact Analysis request has been submitted for the project and the impacts are currently being analyzed. If there is a deficiency in the existing potable water distribution or storage infrastructure, the developer will be required to upgrade the potable water system as determined and approved by the City. The required potable water system upgrades will be at developer's expense. The evaluation may change based on pending development applications and future projects. The potable water hydraulic analysis does not guarantee or in any way reserves or holds distribution capacity until developer has Final Approval for the project.

W2. Recycled Water Ready: All onsite plumbing for non-domestic water uses (e.g. irrigation, industrial processes, cooling, etc.) shall be designed for recycled water use and shall comply with all Recycled Water regulations.

W3. Potable Water Main: The applicant shall install a new 12" DIP pipe water main connecting the two existing water mains on El Camino Real.

W4. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W5. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details.

Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.

W6. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 15 of 16 Development Review Hearing 8.16.23
(fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W7. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W8. City Standard Meters and Backflows: All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W9. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.

W10. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.

W11. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).

W12. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.

W13. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities.

W14. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000.

A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.

W15. Record Drawings: Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.

W16. Water Shortage Response Actions: Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 16 of 16 Development Review Hearing 8.16.23

Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.

This project is subject to all the requirements and restrictions of the Water Shortage Response Actions in place or adopted during the duration of the project. For more information, visit the City of Santa Clara Water & Sewer Utilities website at www.santaclaraca.gov/waterconservation. 3378-3386 El Camino Real Residential Project
Link to Environmental Documents:
https://www.santaclaraca.gov/Home/Components/BusinessDirectory/BusinessDirectory/485/364 9?npage=2
DRAFT

MITIGATION MONITORING AND REPORTING PROGRAM
3378-3386 El Camino Real Residential Project

CITY OF SANTA CLARA
May 25, 2023

P R E F A C E
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation.

The Initial Study/Mitigated Negative Declaration concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the Initial Study/Mitigated Negative Declaration concluded that mitigation measures would not be required to reduce significant impacts.
3378-3386 El Camino Real Residential Project 1 MMRP
City of Santa Clara May 2023

Construction activities
associated with the
proposed project would
expose the project’s
off-site maximum
exposed individual
(MEI) to a cancer risk
of 33.92 cases per one
million (for infants)
which exceeds the Bay
Area Air Quality
Management District
(BAAQMD) threshold
of 10 cases per one
million.

MM AIR 3.1: Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Director of Community Development or Director’s
designee demonstrating that the off-road equipment used onsite for project construction would achieve a fleet-wide average 75 percent reduction or greater in diesel particulate matter (DPM) exhaust emissions. The plan shall be accompanied by a letter signed by an air quality specialist, verifying that the equipment included in the plan meets the standards set forth below. One feasible plan to achieve this reduction would include the following:
 All diesel-powered, off-road equipment larger than 25 horsepower used at the site for more than two continuous days shall use equipment that meet U.S. Environmental
Protection Agency (EPA) Tier 4 emission standards for
particulate matter (PM10 and PM2.5).
 If Tier 4 equipment is not available, all construction equipment larger than 25 horsepower used at the site for more than two continuous days shall use equipment that
meet U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to California Air Resources Board (CARB) Level 3 verifiable diesel emission control devices that altogether achieve a 75 percent reduction in diesel particulate matter emissions in Prior to the
issuance of any
demolition,
grading, or
building permits
(whichever
occurs earliest)
Project applicant Director of
Community
Development or
Director’s
designee
3378-3386 El Camino Real Residential Project 2 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
comparison to uncontrolled equipment; alternatively (or in combination).
 Use of non-diesel fueled or electric equipment.

Alternatively, the project applicant may develop a construction operations plan that demonstrates that the construction equipment used on-site would reduce construction DPM
emissions by a minimum of 75 percent or greater. Such a plan shall be reviewed and approved by the Director of Community Development or Director’s designee prior to issuance of any demolition, grading, and/or building permits (whichever occurs earliest). Elements of the plan could include a combination of the following measures:
 The use of equipment that meets U.S. EPA Tier 4 emission standards or alternatively fueled equipment (as mentioned above),
 Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,  Use of electrically-powered equipment,
 Forklifts and aerial lifts used for exterior and interior building construction shall be electric or propane/natural gas powered,
 Change in construction build-out plans to lengthen phases, and
3378-3386 El Camino Real Residential Project 3 MMRP
City of Santa Clara May 2023

Biological Resources
Impact BIO-1:

Construction activities
associated with the
proposed project could
result in the loss of
fertile eggs, nesting
raptors or other
migratory birds, or nest
abandonment, which
would constitute a
significant impact
under the Migratory
Bird Treaty Act
(MBTA) and California
Fish and Game Code
Sections 3503, 3503.5,
and 3800.

MM BIO-1.1: The project applicant shall schedule demolition and construction activities to avoid the nesting season if feasible. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1 st through August 31st (inclusive).

MM BIO-1.2: If demolition and construction cannot be
scheduled between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1st through April 30th inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st inclusive).

During this survey, the ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist shall determine the extent of a construction For preconstruction
surveys, no more
than 14 days
prior to the
initiation of
grading, tree
removal, or other
demolition or
construction
activities during
the early part of
the breeding
season (February
1 st through April
30th) and no
more than 30
days prior to the
initiation of these
activities during
the late part of
the breeding
season (May 1
st
Project applicant
and
Qualified
ornithologist
Director of
Community
Development or
the Director’s
designee
3378-3386 El Camino Real Residential Project 4 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests shall not be disturbed during project construction.

Prior to any tree removal, or approval of any grading or demolition permits (whichever occurs first), the ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Community Development Director or Director’s designee.
through August
31st)
Survey results
shall be
submitted prior
to any tree
removal, or
approval of any
grading or
demolition
permits
(whichever
occurs first)
Cultural Resources
Impact CUL-2:

Construction of the
proposed project could
result in impacts to as
yet unidentified buried
archaeological
resources.

MM CUL-2.1: Prior to commencement of any grounddisturbing activity on-site, the project applicant shall retain a registered professional archaeologist to be present during all ground-disturbing activity associated with the project. For the purposes of these conditions, ground-disturbing activities shall be defined as any ground disturbance, including but not limited to, excavation, grading, grubbing, scarring, drilling, scraping, blading, trenching, vegetation removal, or demolition of the existing structure or site improvements within the development area shown on the project plans. A registered professional archaeologist shall be given five days’ written notice prior to Prior to
commencement
of any grounddisturbing
activity on-site
Project applicant
and a registered
professional
archaeologist
Director of
Community
Development or
Director’s
designee
3378-3386 El Camino Real Residential Project 5 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
the start of any ground-disturbing activity. The project applicant shall document receipt of notification in writing.

MM CUL-2.2: In the event that buried, or previously
unrecognized archaeological deposits or materials of any kind are inadvertently exposed during any construction activity, work within 50 feet of the find shall cease until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. The archaeologist, in consultation with the project applicant, shall make the necessary plans for treatment of the find(s) if the resource is eligible for listing on the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR). Construction within a radius determined by the
archaeologist shall not recommence until the assessment is complete.

Impact CUL-3.1:

Construction activities
on-site could result in
the exposure or
destruction of as yet
undiscovered human
remains.

MM CUL-3.1: In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped. The Santa Clara County Coroner shall be notified and shall make a
determination as to whether the remains are of Native
American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner shall notify the Native American
Heritage Commission (NAHC) immediately. Once NAHC
identifies the most likely descendants, the descendants will In the event that
human remains
are discovered
during
excavation
and/or grading
of the site
Project applicant Santa Clara
County Coroner
and
Native American
Heritage
Commission
(NAHC)
3378-3386 El Camino Real Residential Project 6 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the California Environmental Quality Act (CEQA) Guidelines.

Geology and Soils
Impact GEO-1: The
project site is located
within a liquefaction
zone which could result
in major damage to
buildings during a
seismic event.

MM GEO-1.1: Consistent with General Plan Policy 5.10.5-P6, the project would be built using standard engineering and seismic safety design techniques. Building design and
construction at the site shall be completed in conformance with the recommendations of the February 2022 design-level
geotechnical investigation prepared by Wayne Ting &
Associates, Inc. for the project. The report shall be reviewed and approved by the City of Santa Clara’s Building Division as part of the building permit review and issuance process to confirm the findings of the report and consistency of the project plans with the recommendations. The building shall meet the requirements of applicable Building and Fire Codes, including the latest California Building Code, as adopted or updated by the City. The project shall be designed to withstand potential geologic hazards identified on the site, including liquefaction and shrink swell capacity of soils, and the project shall be designed to reduce the risk to life or property to the extent feasible and in compliance with the Building Code.

As part of the
building permit
review and
issuance process
Project applicant
and contractors
City of Santa
Clara’s Building
Division
3378-3386 El Camino Real Residential Project 7 MMRP
City of Santa Clara May 2023

Construction activities
would disturb soils onsite and could increase
erosion and
sedimentation until
project construction is
complete.

MM GEO-2.1: All excavation and grading work shall be
scheduled in dry weather months or construction sites would be weatherized1to withstand or avoid erosion.

MM GEO-2.2: Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting during construction.

MM GEO-2.3: Vegetation in disturbed areas shall be replanted as quickly as possible.

During all
phases of
construction
Project applicant
and contractors
Community
Development
Director or
Director’s
designee
Regional Water
Quality Control
Board
Hazards and Hazardous Materials
IMPACT HAZ-1:

Construction activities
associated with the
proposed project could
expose construction
workers and/or nearby
residents to
contaminated soils
from previous
agricultural operations.

MM HAZ-1.1: Prior to demolition and excavation of the
project site, a limited Phase II Environmental Site Assessment (Phase II ESA) shall be completed to determine if agricultural chemicals are present in the soil and groundwater at the site.

The site shall be sampled for organochlorine pesticides, lead, petroleum hydrocarbons, and other metals prior to the issuance of grading permits. Phase II ESA sampling activities shall be coordinated with the Santa Clara Fire Department.

MM HAZ-1.2: In the event that impacted soil is identified onsite, the Director of Community Development or Director’s designee shall be notified and the lateral and vertical extent of soil containing contaminant concentrations greater than the San Prior to
demolition and
excavation of the
project site
Project applicant Director of
Community
Development or
Director’s
designee
Santa Clara Fire
Department
Department of
Toxic
Substances
Control (DTSC)

1 Weatherized refers to measures that would protect exposed soils from rain and stormwater runoff. 3378-3386 El Camino Real Residential Project 8 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Francisco Bay Regional Water Quality Control Board’s
(RWQCB’s) environmental screening levels (ESLs) will be notified. Sample results shall be submitted to the Santa Clara Fire Department for review.

Contaminated soil shall be handled separately from “clean” soil. Common and potentially applicable remedial measures for the impacted soil may include: 1) excavation and off-site disposal at a permitted facility; 2) the use of engineering and administrative controls, such as consolidation and capping of the soil on-site and land use covenants restricting certain activities/uses; and 3) a combination of the above. Remedial activities at the site, if warranted, shall be overseen by an appropriate regulatory agency, such as the Department of Toxic Substances Control (DTSC) or the Santa Clara County
Department of Environmental Health (SCCDEH).
or the Santa
Clara County
Department of
Environmental
Health
(SCCDEH)
Noise and Vibration
IMPACT NOI-1:

Construction noise
levels would exceed the
exterior threshold of 80
dBA Leq at residential
land uses adjoining the
MM NOI-1.1: A qualified acoustical consultant shall prepare a construction noise control plan to be submitted to the City for review and approval prior to issuance of a demolition and/or grading permit, including, but not limited to, the following available controls.

Prior to issuance
of a demolition
and/or grading
permit
Project applicant
and a qualified
acoustical
consultant
Director of
Community
Development or
the Director’s
designee
3378-3386 El Camino Real Residential Project 9 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
site to the south when
construction is
concentrated closer to
the southern boundary
and at 90 dBA Leq for
commercial land uses
when construction
occurs along the shared
boundaries to the east
and to the west.
 Excavating, grading and filling, and other construction activities (including the loading and unloading of materials and truck movements) within 300 feet of residentially
zoned property, including hotels, are limited to the hours of 7:00 AM to 6:00 PM on weekdays and between the hours
of 9:00 AM and 6:00 PM on Saturdays. No construction is permitted on Sundays or holidays.
 Temporary noise barriers along the perimeter of the project site shall be constructed.
 All internal combustion engine-driven equipment shall be equipped with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
 Unnecessary idling of internal combustion engines shall be strictly prohibited.
 Stationary noise-generating equipment, such as air
compressors or portable power generators, shall be located as far as possible from sensitive receptors. If stationary noise-generating equipment must be located near receptors, adequate muffling (with enclosures where feasible and
appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors.
 Construction staging areas shall be established at locations that will create the greatest distance between the
construction-related noise sources and noise-sensitive
3378-3386 El Camino Real Residential Project 10 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
receptors nearest the project site during all project
construction.
 Material stockpiles, as well as maintenance/equipment staging and parking areas, shall be located as far as feasible from residential receptors.
 Noise from construction workers’ radios shall be controlled so that it is not audible at existing residences bordering the project site.
 A detailed construction schedule for major noise-generating construction activities shall be prepared by the contractor.

The construction plan shall identify a procedure for
coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
 A “noise disturbance coordinator” shall be designated to respond to any local complaints about construction noise.

The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. A telephone number for the noise disturbance coordinator shall be conspicuously posted at the
construction site. The notice sent to neighbors regarding the construction schedule shall be included in the posted sign. 3378-3386 El Camino Real Residential Project 11 MMRP
City of Santa Clara May 2023

Construction vibration
levels would exceed the

0.03 in/sec Peak
Particle Velocity (PPV)
threshold for the
southern and western
buildings located
within 20 feet of the
project boundary.

MM NOI-2.1: The project applicant or the applicant’s
contractor shall implement the following measures during construction to reduce construction vibration generated by the project:
 Vibration-inducing equipment shall be limited to the extent feasible within 20 feet of existing structures adjoining the southern and western boundaries.
 Use of heavy vibration-generating construction equipment shall be prohibited within 20 feet of the adjacent buildings to the south and west.
 A smaller vibratory roller, such as the Caterpillar model CP433E vibratory compactor, shall be used when
compacting materials within 20 feet of adjacent structures to the south and west.
 Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
 Alternative methods for breaking up existing pavement, such as a pavement grinder, shall be used instead of
dropping heavy objects, within 20 feet of adjacent buildings to the south and west.
 Hoe rams, large bulldozers, drill rigs, loaded trucks, and other similar equipment shall not be used within 20 feet of adjacent buildings to the south and west.

During
construction
Project applicant
or contractors
Director of
Community
Development or
the Director’s
designee
3378-3386 El Camino Real Residential Project 12 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Tribal Cultural Resources
Impact TCR-1: As
mitigated, the project
would not cause a
substantial adverse
change in the
significance of a tribal
cultural resource that is
listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
Section 5020.1(k).

Same mitigation as Mitigation Measures CUL-2.1, CUL-2.2, and CUL-3.1.

Prior
commencement
of any grounddisturbing
activity on-site
OR
In the event that
human remains
are discovered
during
excavation
and/or grading
of the site
Project applicant
and a registered
professional
archaeologist
Director of
Community
Development or
Director’s
designee
Santa Clara
County Coroner
and
Native American
Heritage
Commission
(NAHC)
Impact TCR-2: As
mitigated, the project
would not cause a
substantial adverse
change in the
significance of a tribal
cultural resource that is
determined by the Lead
Agency, in its
discretion and
Same mitigation as Mitigation Measures CUL-2.1, CUL-2.2, and CUL-3.1.

Prior
commencement
of any grounddisturbing
activity on-site
OR
In the event that
human remains
Project applicant
and a registered
professional
archaeologist
Director of
Community
Development or
Director’s
designee
Santa Clara
County Coroner
and
3378-3386 El Camino Real Residential Project 13 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of
Public Resources Code
Section 5024.1.
are discovered
during
excavation
and/or grading
of the site
Native American
Heritage
Commission
(NAHC)
In addition to mitigation measures listed above, there are also Conditions of Approval the project shall implement, including the following:

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Construction Dust Emissions Best Management Practices
 All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.
 All vehicle speeds on unpaved roads shall be limited to 15 miles-per-hour (mph).  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
 Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 3378-3386 El Camino Real Residential Project 14 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Ventilation System Filtration to Reduce PM2.5 (Non-CEQA)  Install air filtration for the residential units. Air filtration devices shall be rated MERV13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, shall filter all fresh air that would be circulated into the dwelling units.
 The ventilation system shall be designed to keep the building at positive pressure when doors and windows are closed to reduce the intrusion of unfiltered outside air into the building.
 As part of implementing this measure, an ongoing maintenance plan for the buildings’ heating, ventilation, and air conditioning (HVAC) air filtration system shall be required that includes regular filter replacement.  Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed.

Asbestos-Containing Materials and Lead-Based Paint
 In conformance with state and local laws, a visual inspection/pre-demolition survey, and possible sampling, shall be conducted prior to the demolition of on-site building(s) to determine the presence of asbestos-containing materials (ACMs) and/or lead-based paint (LBP).  During demolition activities, all building materials containing LBP shall be removed in accordance with California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing LBP or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed. 3378-3386 El Camino Real Residential Project 15 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 All potentially friable ACMs shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.  A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.  Materials containing more than one-percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations.

Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.
 During demolition activities, all hazardous and universal wastes shall be properly disposed of in accordance with California Health & Safety Code, Chapter 6.5 and California Code of Regulations, Title 22.

Polychlorinated biphenyls
 The building shall be screened for the presence of Polychlorinated biphenyls (PCBs) prior to the issuance of a demolition permit.  If on-site building contains PCBs that exceed threshold limits, the project applicant shall follow applicable federal and state laws, which may include reporting to such agencies as the Environmental Protection Agency (EPA), Regional Water Quality Control Board (RWQCB), and Department of Toxic Substances Control (DTSC), which may require additional sampling and abatement of PCBs.

Construction Water Quality Best Management Practices
 Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains;  Earthmoving or other dust-producing activities shall be suspended during period of high winds;  All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary;  Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered;  All trucks hauling soil, sand, and other loose materials shall be covered;  All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers);
 Establish and maintain effective perimeter controls;
3378-3386 El Camino Real Residential Project 16 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 All construction entrances and exits shall be stabilized to sufficiently control erosion and sediment discharges; and  Vegetation in disturbed areas shall be replanted as quickly as possible.

Post-Construction Water Quality
 When the construction phase is complete, a Notice of Termination (NOT) for the General Permit for Construction would be filed with the RWQCB and the City of Santa Clara. The NOT shall document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post-construction stormwater management plan is in place as described in the SWPPP for the project site.
 All post-construction Treatment Control Measures (TCMs) shall be installed, operated, and maintained by qualified personnel. On-site inlets shall be cleaned out at a minimum of once per year, prior to the wet season.  The property owner/site manager shall enter into an Operation and Maintenance (O&M) Agreement with the City of Santa Clara for all installed stormwater treatment measures.
 The property owner/site manager shall keep a maintenance and inspection schedule and record to ensure the TCMs continue to operate effectively for the life of the project. Copies of the schedule and record must be provided to the City upon request and must be made available for inspection on-site at all times.

Interior Noise Building Design Measures
 Provide a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units on the project site, so windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.  Residential units along the northern, eastern, and western façades within 120 feet of the El Camino Real centerline shall require windows and doors with a minimum rating of 31 to 34 Sound Transmission Class (STC) with adequate forced-air mechanical ventilation to meet the interior noise threshold of 45 A-weighted decibel (dBA) Community Noise Equivalent Level (CNEL).  Residential units along the eastern and western façades located between 120 to 190 feet of the El Camino Real centerline shall require windows and doors with a minimum rating of 28 to 30 STC with adequate forced-air mechanical ventilation to meet the interior noise threshold of 45 dBA CNEL.
3378-3386 El Camino Real Residential Project 17 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 A qualified acoustical specialist shall prepare a detailed analysis of interior residential noise levels from all exterior sources during the design phase pursuant to requirements in the California Building Standards Code. The study shall establish appropriate criteria for noise levels inside the residential spaces affected by environmental noise. The study shall review the final site plan, building elevations, and floor plans prior to construction and recommend building treatments to reduce residential interior noise levels to 45 dBA DNL. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit-by-unit basis during final design of the project.

Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit.

Water Supply
 Install a new 12-inch connection between the existing water mains on both sides of El Camino Real.

Sources: City of Santa Clara. Draft Initial Study for the 3378-3386 El Camino Real Residential Project. May 2023.

July 22, 2023
City of Santa Clara, Planning Division
Nimisha Agrawal, Senior Planner
1500 Warburton Avenue
Santa Clara, CA 95050
Fax 408-247-9857
Dear Mr. Agrawal,
I am writing to you as a concerned landlord of a property adjacent to 3378-3386 El Camino Real.

I am responding to a notice sent by the city regarding project title: 3378-3385 El Camino Rea! Residential Project, File PLN22-00304 and PLN23-00024. We are the owners of 3362 and 3368 El Camino Real in Santa Clara, CA 95051, APN 290-02-103. Our property is immediately to the east of 3378-3386 El Camino Real. We would like to express our concerns and possible negative implications of the development of Twenty two 3- story town homes, as proposed. The development may have a SIGNIFICANT impact of obstruction of our billboard signage with our leasing agreement with OUTFRONT Inc. We have had a 25+ year business relationship with OUTFRONT INC and its predecessor companies. This effect may have significant negative financial consequences with our leasing agreement.

Additionally, this project may also obstruct the signage from view from the streets of our current tenants, EURO AUTO SALES. We request a thorough inquiry, investigation, and due diligence that the proposed project will not have a negative effect on visual access to the billboard sign from the street level.

Thank you for your attention.

Sincerely yours,
~ ~ /
Guey Ming Hwang and Victor Hwang- Owners of 3362 and 3368 El Camino Real, APN 290-02-103 Contact: [email protected]. Cell Phone 925-457-4884
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov
July 28, 2023 SCH #: 2023060805
GTS #: 04-SCL-2023-01214
GTS ID: 30307
Co/Rt/Pm: SCL/82/13.94
Nimisha Agrawal, Senior Planner
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Re: 3378-3386 El Camino Real Residential– Initial Study/Mitigated Negative Declaration (IS/MND)
Dear Nimisha Agrawal:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the 3378-3386 El Camino Real Residential. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.

The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the June 2023 IS/MND.

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage.

Additional site features include bike parking and approximately 9,887 square feet of common open space.

The project site is located directly adjacent to State Route (SR)-82, within the Priority Development Area and Transit-Rich Area identified in Metropolitan Transportation Commission (MTC)’s Plan Bay Area 2050.

CALI FORN IA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVER NOR California Department of Transportation
Nimisha Agrawal, Senior Planner
July 28, 2023

Page 2 ends

City Council and Authorities ConcurrentDecember 5, 2023

City Council and Authorities Concurrent
December 5, 2023