whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and_ Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2021. The City reserves the right to exercise four (4) additional one-year options after the initial term for a total of five years. The selected consultant may request adjustments to the compensation rates after the initial term. Compensation adjustments shall be subject to the City's approval and must be tied to a relevant price index.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR- STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's represehtations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is ninety thousand dollars ($90,000), subject to Agreement with rownsend Public Affairs, Inc. Page 2
Rev. 07-01-18 ·
budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work perfonned or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A Tennination for Convenience. City shall have the right to tenninate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of tennination, but no later than ten (1 0) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their perfonnance of Services under this Agreement.
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perfonn any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Christine Jung, City Manager's Office
1500 Warburton Aven·ue
Santa Clara, CA 95050
and by e-mail at [email protected], and
[email protected]
And to Contractor addressed as follows:
Townsend Public Affairs, Inc.
Attention: Christopher Townsend, President
925 L Street, Suite 1404
Sacramento, CA 95814
and by e-mail at [email protected], and [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :OO p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument7id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 anq Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written c~nsent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United.States District Court, Northern District of California, San Jose, Califqrnia.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
Approved as to Form:
BRIAN DOYLE
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
"CITY"
AJ. SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
TOWNSEND PUBLIC AFFAIRS, INC.
A CALIFORNIA CORPORATION
By (Sign~;:~: ~~:.l
Title: President
Principal Place of 925 L Street, Suite 1404, Sacramento, CA Business Address: 95814 ----------------
Em a i I Address: [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
"CONTRACTOR"
Agreement with Townsend Public Affairs, Inc.
Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
Contractor shall provide state and federal legislative advocacy service.s, including:
• Conduct detailed orientation
• Develop legislative strategy
• Implement the legislative strategy
• Build and strengthen relevant relationships
• Leverage relationships for strategic advocacy plan
• Coordinate advocacy trips
• Track legislation
• Budget funding opportunities
• Grant application development and support
• Post-grant submittal advocacy
• Craft testimony and position letters
• Draft bill language
• Provide progress reports
• Prepare and file lobbying disclosure reports
Agreement with Townsend Public Affairs, lnc./Exhibit A-Scope of Services Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
The maximum compensation the City will pay the Consultant for all professional fees, costs, and expenses provided under this Agreement shall not exceed ninety thousand dollars ($90,000) during the term of the Agreement.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within thirty (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A shall be seven thousand and five hundred dollars ($7,500). The monthly fee shall include all reasonable business and travel expenses.
Agreement with Townsend Public Affairs, lnc./Exhibit 8-Schedule of Fees Page 1 Rev. 07-01-18 ·
EXHIBITC
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf' basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated sub~tances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and .each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 1 0 03 97 and CG 20 37 1 0 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. Cancellation.
4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement. ·
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara City Manager's Office
P.O. Box 100085- S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Ebix Insurance No. S200004470
AMENDMENT NO. 1
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs , Inc., a California corporation , (Contractor) . City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Townsend Public Affairs , Inc.", dated February 5, 2020 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide legislative advocacy services, and the Parties now wish to amend the Agreement to (a) extend the term of the Agreement through January 29, 2023; and (b) to increase the maximum compensation of this Agreement by $162,000 for a total of $252 ,000.
NOW, THEREFORE , the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement, entitled "TERM OF AGREEMENT" is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement , the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2023. The City reserves the right to exercise two (2) additional one-year options after the initial term for a total of five years. The selected consultant may request adjustments to the compensation rates after the initial term. Compensation adjustment shall be subject to the City's approval and must be tied to a relevant price index.
2. Section 6 of the Agreement, entitled "COMPENSATION AND PAYMENT" is amended to read as follows :
Amendment No. 1 to Agreement/Townsend Public Affairs Inc.
Rev. 10/25/19
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided · and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this agreement is two hundred and fifty-two thousand dollars ($252,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services . All work performed of materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
3. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES" is amended to read as follows:
The maximum compensation the City will pay the Contractor for all professional fees, costs, and expenses provided under this Agreement shall not exceed two hundred and fifty-two thousand dollars ($252,000) during the term of the Agreement. In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety thousand dollars ($90,000) for Year One of the initial term; seventy-two thousand dollars ($72,000) for Year Two of the initial term; and ninety thousand dollars ($90,000) for Year Three of the initial term, subject to annual budget appropriations .
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A for Year One of the initial term (January 30, 2020 - January 29, 2021) shall be seven thousand and five hundred dollars ($7,500); for Year Two of the initial term (January 30, 2021 - January 29, 2022) shall be six thousand dollars ($6,000); and for Year Three of the initial term (January 30, 2022 - January 29, 2023) shall be seven thousand and five hundred dollars ($7,500) . The monthly fee shall include all reasonable and travel expenses.
4. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In. case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
Amendment No. 1 to Agreement/Townsend Public Affairs, Inc.
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives .
SRI N DOYLE
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
h./ DEANN J SANTANA
'J City Man er
"CITY"
1500 Warburton Avenue
Santa Clara , CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation
By (Signature):/
Dated : Jan~r~, 2021 1
Name: _C_h __ · _-o~p-~I _T_o_w-1_n=s=e=n-d_ -_ -_-_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ -_ Title : President
Principal Place of 925 L Street, Suite 1404,
Business Address : Sacramento, CA 95814
Email Address : [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
"CONTRACTOR"
Amendment No. 1 to Agreement/Townsend Public Affairs, Inc.
Rev. 10/25/2019
DocuSign Envelope ID: 3921F735-943C-4033-BOCC-987412618BE9 Ebix Insurance No. S200004470
AMENDMENT NO. 2
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Townsend Public Affairs, Inc.", dated February 5, 2020 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated January 29, 2021, and is again amended by this Amendment No. 2. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide legislative advocacy services, and the Parties now wish to amend the Agreement as Amended to (a) extend the term of the Agreement through January 29, 2024; and (b) to increase the maximum compensation of tis Agreement by $90,000 for a total of $342,000.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled "TERM OF AGREEMENT" is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2024. The City reserves the right to exercise one (1) additional one-year option after the initial term for a total of five years. The selected consultant may request adjustments to the compensation rates after the initial term. Compensation Amendment No. 2 to AgreemenUTownsend Public Affairs, Inc.
Rev. 10/25/19
DocuSign Envelope ID: 3921F735-943C-4033-BOCC-987412618BE9 adjustment shall be subject to the City's approval and must be tied to a relevant price index.
2. Section 6 of the Agreement. Entitled "COMPENSATION AND PAYMENT' is amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this agreement is three hundred and forty-two thousand dollars ($342,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services. All work performed of materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
3. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES" is amended to read as follows:
The maximum compensation the City will pay the Contractor for all professional fees, costs, and expenses provided under this Agreement shall not exceed three hundred and forty-two thousand dollars ($342,000) during the term of the Agreement. In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety thousand dollars ($90,000) for Year One of the initial term; seventy-two thousand dollars ($72,000) for Year Two of the initial term; ninety thousand dollars ($90,000) for Year Three of the initial term; and ninety thousand dollars ($90,000) for Year Four of the initial term, subject to annual budget appropriations.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A for Year One of the initial term (January 30, 2020 - January 29, 2021) shall be seven thousand and five hundred dollars ($7,500); for Year Two of the initial term (January 30, 2021 - January 29, 2022) shall be six thousand dollars ($6,000); for Year Three of the initial term (January 30, 2022 - January 29, 2023) shall be seven thousand and five hundred dollars ($7,500); and for Year Four of the initial term (January 30, 2023- January 29, 2024) shall be seven thousand and five hundred dollars ($7,500). The monthly fee shall include all reasonable and travel expenses.
Amendment No. 2 to Agreement/Townsend Public Affairs, Inc.
Rev. 10/25/2019
DocuSign Envelope ID: 3921F735-943C-4033-B0CC-987412618BE9
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives .
CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Office otheClty Attorney
City of Santa Clara
Dated:
"CITY"
ev Batra
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
TOWNSEND PUBLIC AFFAIRS, INC.
a California corporation
Dated: ~~t<ia,y ,
By (Signature): E
1 :-4 Name: Cnns""'4f-op-1H""~"'r' __ T_o_w_n_s_e_n_d _________ _ Title: President
Principal Place of 925 L Street, Suite 1404
Business Address: Sacramento, CA 95814
Email Address: [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
"CONTRACTOR"
Amendment No. 2 to AgreemenUTownsend Public Affairs, Inc.
Rev. 10/25/2019
EBIX Insurance No. *S200004470
AMENDMENT NO. 3
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
TOWNSEND PUBLIC AFFAIRS, INC.
PREAMBLE
This Agreement (“Amendment No. 3”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Townsend Public Affairs, Inc., a California corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California, and Townsend Public Affairs, Inc.", dated February 5, 2020 (Agreement);
B. The Agreement was previously amended by Amendment No. 1, dated January 29, 2021, Amendment No. 2, dated November 7, 2022, and is again amended by this Amendment No. 3. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide legislative advocacy services, and the Parties now wish to amend the Agreement as Amended to (a) extend the term of the Agreement for through January 29, 2025; and (b) to increase the maximum compensation of this Agreement by $92,700 for a total of $434,700.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled “TERM OF AGREEMENT” is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on January 30, 2020 and terminate on January 29, 2025. Section 6 of the Agreement entitled “COMPENSATION AND PAYMENT” is amended to read as follows:
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this agreement is four hundred thirty-four thousand and seven hundred dollars ($434,700), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials, and equipment required to perform the Services. All work performed of materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
2. Exhibit B of the Agreement, entitled "SCHEDULE OF FEES" is amended to read as follows:
The maximum compensation the City will pay the Contractor for all professional fees, costs, and expenses provided under this Agreement shall not exceed four hundred thirty-four thousand and seven hundred dollars ($434,700) during the term of the Agreement. In no event shall the amount billed to City by Contractor for services under this Agreement exceed ninety thousand dollars ($90,000) for Year One of the initial term; seventy-two thousand dollars ($72,000) for Year Two of the initial term; ninety thousand dollars ($90,000) for Year Three of the initial term; ninety thousand dollars ($90,000) for Year Four of the initial term; and ninety-two thousand and seven hundred dollars ($92,700) for Year Five of the initial term, subject to annual budget appropriations.
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. City will pay Contractor within (30) days of City's receipt of an approved invoice.
The monthly fee for the full scope of services detailed under Exhibit A for Year One of the initial term (January 30, 2020 - January 29, 2021) shall be seven thousand and five hundred dollars ($7,500); for Year Two of the initial term (January 30, 2021 - January 29, 2022) shall be six thousand dollars ($6,000); for Year Three of the initial term (January 30, 2022 - January 29, 2023) shall be seven thousand and five hundred dollars ($7,500); for Year Four of the initial term (January 30, 2023 - January 29, 2024) shall be seven thousand and five hundred dollars ($7,500); and for Year Five of the initial term (January 30, 2024- January 29, 2025) shall be seven thousand, seven hundred and twenty-five dollars ($7,725). The monthly fee shall include all reasonable and travel expenses.
3. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
TOWNSEND PUBLIC AFFAIRS, INC.
A CALIFORNIA CORPORATION
Dated:
By (Signature):
Name: Christopher Townsend
Title: President
Principal Place of
Business Address:
925 L Street, Suite 1404
Sacramento, CA 95814
Email Address: [email protected]
Telephone: (916) 447-4086
Fax: (916) 244-0209
“CONTRACTOR”
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1335 Agenda Date: 12/12/2023
REPORT TO HOUSING AUTHORITY
SUBJECT
Action on Amendment No. 7 to the Exclusive Negotiation Agreement and Amendment No. 5 for the Amended and Restated License Agreement with Habitat for Humanity East Bay / Silicon Valley for 3575 De La Cruz Boulevard with an Option to Extend the Agreements for an Additional Year
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City selected Habitat for Humanity East Bay / Silicon Valley (Developer) in 2018 through a competitive process as the developer for a City-owned affordable housing site at 3575 De La Cruz Boulevard. The Property is currently a vacant 0.7-acre site. The site was previously developed with a City Fire Station, which was demolished in 2010. An 80-foot PG&E easement containing transmission lines supported on top of 100-foot tall PG&E lattice towers is located along the Property’s eastern edge. Surrounding land uses include light industrial buildings to the south, single-family residences to the east and north, and Montague Park to the west on the opposite side of De La Cruz Boulevard.
Golden State Baptist College is located to the southwest of the project site, also fronting on De La Cruz Boulevard adjacent to Montague Park.
Proposed Project
The proposed project is the construction of 15 new units (previously 13 units) of affordable housing at the site, available to a diverse range of mixed income families earning between 50 percent (previously 60 percent) and 120 percent of the Area Median Income (AMI). The units would be developed as a mix of townhomes and flats, using a cohesive design that maximizes cost efficiencies while providing homes that are attractive, energy efficient, and durable. The conceptual site plan is intended to maximize the number of affordable homes while strategically addressing various site constraints, including positioning the new homes to minimally impact the adjacent property owners and provide a transition to the industrial park to the south.
Exclusive Negotiation Agreement (ENA)
On April 9, 2019, the City Council approved an Exclusive Negotiation Agreement (ENA) with the Developer for the site (Attachment 1). The ENA provided an initial negotiating period of 18 months, commencing on the date the Agreement was fully executed, which could be extended for two additional periods of six months each by the City Manager upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. As allowed under the ENA, the City Manager previously granted two six-month extensions for the ENA (Amendment No. 1 and Amendment No. 2) on December 14, 2020 and the second on July 12, 2021, respectively. (Attachments 4 and 5) Since that time, four additional six-month extensions were signed extending the ENA until December 30, 2023. (Attachments 6,7,8,9) City of Santa Clara Printed on 12/8/2023Page 1 of 3
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23-1335 Agenda Date: 12/12/2023
DISCUSSION
This project has required several extensions to address design challenges, secure entitlements, and to close the funding gap. The project is making progress and was fully entitled at a Development Review Hearing (DRH) on February 1, 2023. It is important to understand that affordable homeownership projects cannot access tax credit equity or tax-exempt bond financing like rental projects can. Affordable homeownership projects are more impacted by changing interest rates, and interest rates have increased significantly in the last few years.
The CalHome Program provides grants to local public agencies and nonprofit corporations to enable low- and very low-income households to become or remain homeowners. The Developer applied for CalHome funding in early 2023, but the application was not awarded as the program is competitive.
The County Board of Supervisors will likely vote on allocating funding for this project by February 2024. Shortly after that, the Developer will apply again for CalHome funding. The Developer expects that the project will score higher with a County funding commitment. CalHome awards are expected to be announced by June 2024.
Once funding commitments from the County and the State are received, a senior construction lender will be able to complete underwriting and issue a commitment for a senior construction loan. The interest rates at that time will determine if the project is feasible. Once a construction loan commitment is in hand, City staff can bring a Disposition and Development Agreement (DDA) to City Council for consideration. The exact timing for the construction loan commitment is uncertain due to interest rate changes that may occur, but the Developer is aiming for late 2024.
Staff recommends extending the ENA for one year with a possible second year extension if certain conditions are met. This will allow the Developer additional time to secure a construction loan commitment in a climate of interest rate volatility and allow time for staff to prepare a Disposition and Development Agreement (DDA) for Council consideration in late 2024.
Staff also recommends an update to the City’s License Agreement with the Developer. The License Agreement provides temporary right of access and sets terms around access to the property for activities related to due diligence, such as conducting property surveys, geotechnical, environmental, and utility studies. The License Agreement must also be amended to allow access through the proposed extension to the ENA period.
Implementation of the Developer’s proposal for 3575 De La Cruz Boulevard would achieve the City’s objective for the development of a mix of affordable housing project types throughout the City, providing a relatively unique-small scale, family-oriented development. As proposed, the project achieves many of the goals and objectives of the City’s RFP for the property, including alignment with community interest in terms of the development program and City standards for financing and affordability. The Developer was also selected based on their well-established history in the production of affordable housing.
Conclusion
Staff is recommending the City Council approve Amendment No. 7 to the ENA with an option to extend for an additional one year period and Amendment No. 5 to the Amended and Restated License Agreement with an option to extend for an additional one year period with Habitat for Humanity East Bay / Silicon Valley to allow more time to secure funding and for staff to prepare a City of Santa Clara Printed on 12/8/2023Page 2 of 3
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23-1335 Agenda Date: 12/12/2023
DDA for City Council consideration within the next year. Staff proposes a one-year extension with a possible second year extension if the developer is not ready to enter into a DDA and provided that the City determines that good cause exists to extend the ENA. The proposed amendments are included as Attachments 2 and 3.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no cost to the City for these agreement amendments other than administrative time and expense.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
The project will continue to engage the public during the ENA term. Staff will continue to work closely with community members and other interested stakeholders throughout the process.
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]>.
RECOMMENDATION
1. Approve and authorize the City Manager to execute Amendment No. 7 to the Exclusive Negotiation Agreement (ENA), Amendment No. 5 to the Amended and Restated License Agreement with Habitat for Humanity East Bay / Silicon Valley for the Development of 3575 De La Cruz Boulevard, and any options to extend the agreements not to exceed one additional year, in final forms approved by the City Attorney.
Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Original ENA with HHEBSV
2. Draft Amendment 7 to the ENA with HHEBSV
3. Draft Amendment 5 to License Agreement with HHEBSV
4. First Amendment ENA Habitat
5. Second Amendment ENA Habitat
6. Third Amendment ENA Habitat
7. Fourth Amendment ENA Habitat
8. Fifth Amendment ENA Habitat
9. Sixth Amendment ENA Habitat
City of Santa Clara Printed on 12/8/2023Page 3 of 3
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EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT
(APN 101-15-049)
This Exclusive Negotiating Rights Agreement (this "Agreement") is entered into as of this M~\I qt]::. , 2019 by and between the City of Santa Clara (the "City") and Habitat for Humanity East Bay/Silicon Valley (the "Developer"). City and Developer may be referred to individually as a "Patiy" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A The City is the owner of a .69-acre parcel of real property in the City of Santa Clara located at 3575 De La Cmz Boulevard (APN 101-15-049), as shown on the map attached to this Agreement as Exhibit A and incorporated herein by this reference (the "Property").
B. After redevelopment agencies (RDA) were dissolved on Febmary 1, 2012, the City, as Housing Successor to the dissolved RDA, was designated to assume all housing assets (including land) of the fotmer redevelopment agency and these assets were placed into a Housing Successor Fund. The Housing Successor must initiate development activities on any land that it obtained from the former RDA consistent with the intent to provide housing that is 100% affordable to persons and families of low and moderate income.
C. On June 13, 2018, a Request for Proposals (RFP) was issued for the development of Property. On January 15, 2019, City Council noted and filed City staffs recommendation of Developer for development of the site and directed staff to draft an Exclusive Negotiations Agreement for Council consideration.
D. The Developer has proposed to develop the Property with 13 units of affordable ownership housing, including mixed-income townhomes and flats (the "Project"). The entire project is proposed to be affordable to households with income between 60% and 120% of Area Median Income (AMI).
E. The City is interested in exploring the feasibility of the Project and has selected the Developer as a potential developer of the Project. The City would convey fee title ownership of the Property through a grant deed and is considering offering a maximum subsidy of $100,000 per affordable housing unit to facilitate Project financing.
F. The Property is currently zoned as Public/Quasi-Public (B). The land is designated as Very Low Density Residential on the General Plan Land Use diagram. Redevelopment of the Property for new housing will subsequently require City approval, including City Council, Planning Commission approvals of a General Plan Amendment, Rezoning, Architectural Review and California Environmental Quality Act (CEQA) and potentially National Environmental Policy Act (NEPA) review.
G. The development of this Project will allow the City to meet its obligations as Housing Successor to provide low- and moderate-income housing on the Property and meet the -1-
deadline required by the State of California to commence development of the site within five years after the Department of Finance confirmed the Property as a housing asset.
H. The Parties intend to enter into this Agreement to establish procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the "DDA") pursuant to which the Developer will conduct specified development activities related to the Property. The Pmties further intend that this Agreement in itself will not grant the Developer the right to develop the Project, nor will it obligate the Developer to any activities or costs to develop the Project, except for the preliminary analysis and negotiations contemplated by this Agreement.
AGREEMENT
The Parties mutually agree as follows:
EXCLUSIVE NEGOTIATIONS RIGHT
1. Good Faith Negotiations. The City and the Developer shall negotiate diligently and in good faith, during the Negotiating Period described in Section 2, the terms of a DDA for the development of the Project on the Prope1ty. During the Negotiating Period, the Pmties shall use good faith eff01ts to accomplish the respective tasks outlined herein in Exhibit B to facilitate the negotiation of a mutually satisfactory DDA.
Among the issues to be addressed in the negotiations are the physical and land title conditions of the Property and remediation of any adverse conditions, the development schedule for the Project, and financing of the Project.
2. Negotiating Period. The negotiating period (the "Negotiating Period") under this Agreement shall be eighteen (18) months, commencing on the date this Agreement is fully executed, which may be extended for a period of an additional two periods of six ( 6) months each upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. Granting of such extension(s) shall be at the discretion of the City Manager and shall only be effective upon the execution of an amendment to the Agreement.
If a DDA has not been executed by the City and the Developer by the expiration of the Negotiating Period, then this Agreement shall terminate and neither Party shall have any fu1ther rights or obligations under this Agreement, except as set forth in Section 4 and Section 11. If a DDA is executed by the City and the Developer then, upon such execution, this Agreement shall te1minate, and all rights and obligations of the Parties shall be as set forth in the executed DDA.
3. Exclusive Negotiations. During the Negotiating Period, the City shall not negotiate with any individual, organization, or entity, other than the Developer, regarding the sale or development of the Prope1ty or any po1tion thereof or solicit or entertain bids or proposals to do so.
4. City Consultant Costs Deposit. The Developer acknowledges that the City shall expend resources in the negotiation of the DDA and perf01mance of the tasks provided in -2-
Exhibit B. In order for this Agreement to remain in effect, the Developer and the City shall agree on an amount that the Developer shall submit to the City as a good faith and initial third-pa1iy consultant costs deposit, the sum of TWENTY-FIVE THOUSAND Dollars ($25,000) (the "Deposit") to be paid within thirty (30) days following execution of this Agreement by the City and the Developer. The Deposit shall be provided in the form of a check made to the order of the City and be placed in a separate City deposit account. Any interest earned on the Deposit and any subsequent deposits shall be added to the total Deposit amount and may be used in accordance with this Agreement.
The City shall have no obligation to begin the negotiation of the DDA or to retain third pmiy consultants until the Developer delivers the Deposit to the City. For the period of six (6) months following the date of the Agreement ("Due Diligence Period"), the Deposit shall be fully refundable, except for any costs incurred by the City as described below.
The City may use the Deposit to pay for the City's third-pmiy consultant costs and expenses in negotiating and preparing the DDA ( collectively, the "Transaction Documents"). Such costs may include but are not limited to reasonable fees and services of third-party consultants and attorneys, selected by the City at its sole discretion, relating to the Project and the preparation of the Transaction Documents ("Consultant Costs"). Prior to incun-ing any Consultant Costs, the City shall submit an outline budget for use of the Deposit describing the general scope of work, cost and timing of expenditure.
Following the Due Diligence Period, the Developer shall be responsible for all of the City's Consultant Costs subject to the restrictions contained in this Section 4. Prior to the City incurring Consultant Costs in excess of the Deposit, the City shall provide the Developer with a schedule of the Consultant Costs incurred to date and an estimate of the additional Consultant Costs anticipated to be incuned. The Developer shall reasonably approve or disapprove the Consultant Costs within seven (7) days following the City's submittal of the anticipated Consultant Costs. If Developer disapproves the City's Consultant Costs, the City and Developer will meet and in good faith evaluate the estimate and attempt to reach a compromised budget acceptable to both parties. The Developer shall deposit with the City the amount of the additional Consultant Costs as approved by the Developer within fou1ieen (14) days of such approval. The additional amount shall be added to the Deposit. The City shall be reimbursed for all additional Consultant Costs approved by the Developer and incmred by the City prior to the date of the termination of this Agreement.
To the extent this Agreement is terminated prior to or as of the end of the Negotiating Period and the City has incurred Consultant Costs that are less than the Deposit, and Developer has negotiated in good faith and is not in breach of this Agreement, the City shall return the unexpended balance of the Deposit to the Developer along with an accounting of the Consultant Costs incurred by the City.
If this Agreement is te1minated by the City due to a failure by the Developer to negotiate in good faith under this Agreement the Deposit and any interest earned thereon shall be retained by the City, as more fully provided in Section 10. Conversely, if this Agreement is terminated by the Developer due solely to a City default, the Deposit and any interest earned thereon shall be returned to the Developer.
-3-
5. Identification of Developer Representative. The Developer's representative to negotiate the DDA with the City is: Rob Simonds.
GENERAL PROVISIONS
6. Limitation on Effect of Agreement. This Agreement shall not obligate either the City or the Developer to enter into a DDA or to enter into any patticular DDA. By execution of this Agreement, the City is not committing itself to or agreeing to unde1take acquisition, disposition, or exercise of control over any property. City shall have final discretion and approval regarding the execution of a DDA and all proceedings and decisions in connection therewith. Any DDA resulting from negotiations pursuant to this Agreement shall become effective only if and after such DDA has been considered and approved by the City.
7. Notices. F01mal notices, demands and communications between the City and the Developer shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, postage prepaid, return receipt requested, or sent by express delivery or overnight courier service, to the office of the Patties shown as follows, or such other address as the Parties may designate in writing from time to time:
City:
Developer:
City of Santa Clara
1500 Warbmton A venue
Santa Clara, CA 95050
Attention: City Manager
Habitat for Humanity East Bay/Silicon Valley
2619 Broadway
Oakland, CA 94612
Attention: Janice Jensen
Such written notices, demands and communications shall be effective on the date shown on the delivery receipt as the date delivered.
8. Costs and Expenses. Except for the Developer's obligation to fund certain City Consultant Costs under Section 4, above, each Patty shall be responsible for its owns costs and expenses in connection with any activities and negotiations undertaken in connection with this Agreement, and the performance of each Patty's obligations under this Agreement.
9. No Commissions. The City shall not be liable for any real estate commissions or brokerage fees that may arise from this Agreement or any DDA that may result from this Agreement. The City represents that it has engaged no broker, agent or finder in connection with this transaction, and the Developer shall defend and hold the City hatmless from any claims by any broker, agent or finder retained by the Developer.
10. Defaults and Remedies.
(a) Default. Failure by either Patty to negotiate in good faith as provided in this Agreement shall constitute default hereunder. The non-defaulting Party shall give written notice of a default to the defaulting Patty, specifying the nature of the default and the required -4-
action to cure the default. If a default remains uncured thirty (30) days after receipt by the defaulting patty of such notice, the non-defaulting Patty may exercise the remedies set forth in subsection (b ).
(b) Remedies. In the event of an uncured default by the City, the Developer's sole remedy shall be to te1minate this Agreement, upon which te1mination the Developer shall be entitled to the return of the uncommitted portion of the Deposit, as set forth in Section 4, and any interest earned thereon. Following such termination and the return of the appropriate amount of the Deposit and any interest earned thereon, neither party shall have any further right, remedy or obligation under this Agreement; provided, however, that the Developer's indemnification obligation pursuant to Section 11 shall survive such termination.
In the event of an uncured default by the Developer, the City's sole remedy shall be to te1minate this Agreement and to retain any unexpended funds remaining in the Deposit and any interest earned thereon. Following such termination, neither Party shall have any right, remedy or obligation under this Agreement; provided; however, that the Developer's indemnification obligation pursuant to Section 11 shall survive such te1mination.
Except as expressly provided above, neither party shall have any liability to the other for damages or otherwise for any default, nor shall either party have any other claims with respect to performance under this Agreement. Each party specifically waives and releases any such rights or claims they may otherwise have at law or in equity.
11. Developer's Obligation to Indemnify City. Developer shall defend, indemnify, and hold harmless the City from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, reasonable attorneys' fees and costs of litigation, damage or liability of any nature whatsoever, arising directly or indirectly, in whole or in patt, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with perfo1mance of this Agreement on the patt of the Developer or any contractor or subcontractor of the Developer. The Developer shall pay immediately upon the City's demand any amounts owing under this indemnity. The duty of the Developer to indemnify includes the duty to defend the City, at the City's choosing, to pay the City's costs of its defense in any court action, administrative action, or other proceeding brought by any third Patty arising in any manner by reason of or incident to the performance of this Agreement on the patt of the Developer or any contractor or subcontractor of the Developer. The City shall have the right to approve any attorneys retained by the Developer to defend the City pursuant to this Section 11 and shall have the right to approve any settlement or compromise. The Developer's duty to indemnify the City shall survive the termination of this Agreement. Notwithstanding the above, the Developer shall have no obligation to defend, indemnify or hold hatmless the City, for any and all suits and causes of action, claims, losses, demands and expenses caused by, arising from, or related in any pmt to, any gross negligence, fraud or misconduct on the patt of the City or its employees, agents, assigns, officers, or officials.
12. Compliance with Laws. Developer shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Developer's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC -5-
Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Ce11ificate (SCCC section
3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally, Developer has read and agrees to comply with City's Ethical Standards (http:llsantaclaraca.govlhomelshowdocument?id=58299).
13. Nonliability of Officials, Officers, Members, and Employees. No member, official, officer, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or to its successor, or on any obligations under the terms of this Agreement.
No member, officer, or employee of the Developer shall be personally liable to the City, or any successor in interest, in the event of any default or breach by the Developer or for any amount which may become due to the City or to its successor, or on any obligations under the te1ms of this Agreement.
14. Assignment. The Developer shall not assign its rights or responsibilities under this Agreement, in whole or in part, except with the written consent of the City. Any attempted assignment without such prior written consent shall be invalid and void.
15. Governing Law. This Agreement shall be governed by and constrned in accordance with the laws of the State of California.
16. Entire Agreement. This Agreement, including the Exhibits, contains all the agreements, representations and understandings of the Pmties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written.
17. Counterparts. This Agreement may be executed in counterpmis, each of which shall be deemed an original but all of which together shall constitute one and the same agreement.
II
II
II
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The Patties acknowledge and accept the te1ms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
APPROVED AS TO FORM:
City Attorney
"CITY"
Dated : '7 \l, \9
~~cR DEA ~ ANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY
Developer
:~:: =J=5;;1~=~J:~n=~=e=:==- :\:
9 ~:::: :: __________ _
---------------------
Title: President & CEO ---------------------
Local Address: _2_6_19_B_ro_a_d_w_a_._y ______________ _ Oakland, CA 94612
Email Address: jjensen@HabitatEBSV .org
Telephone: 510-251-6304
Fax: 61 0 - 2. 5 I - G:.; 0 ~
"CONTRACTOR"
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EXHIBIT A
PROPERTY MAP
(APN: 101-15-049)
Exhibit A
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EXHIBITB
NEGOTIATION PERIOD & TENTATIVE WORK PLAN
NEGOTIATION PERIOD
1. Overview. To facilitate negotiation of the DDA, the Patties shall use reasonable good faith efforts to accomplish the tasks set forth in Exhibit B in a timeframe that will support negotiation and execution of a mutually acceptable DDA prior to the expiration of the Negotiating Period. Within the first thiity (30) days of this Agreement, the Patties will agree upon a work plan for tasks to be accomplished.
2. Site Plan. The Developer shall prepare and submit to the City a proposed site plan identifying the size and shape of the parcels which comprise the Prope1ty (the "Development Parcels") and the location of the Project improvements to be constrncted on each of the Development Parcels.
3. Developer Cooperation and Coordination with Adjacent Parcels. Developer acknowledges the adjacent parcels and shall plan the site to be sensitive to these neighborhoods.
4. Financing and Costs of Development. The Developer shall provide the City with a detailed financial pro forma for the Project containing, among other matters, a detailed development budget setting forth the costs of the tasks to be unde1taken by the Developer. The financial proforma will be used to evidence the financial feasibility of the Project and to assist in the negotiation of te1ms regarding payment of costs of land and development.
5. Documents. Prior to execution of a DDA, the Developer shall provide the City with its organizational documents as well as organization chart outlining key personnel's roles and responsibilities. Developer shall also submit to the City for its approval, copies of all operating agreements, joint venture agreements or other agreements between the members of the development entity, and such financial statements or tax returns reasonably required by the City to determine the Developer's financial capability, excluding confidential or proprietary inf01mation.
6. Environmental Review. The City shall prepare or cause to be prepared any environmental documentation required by the California Environmental Quality Act ("CEOA") for consideration of approval of the DDA; if any, provided, that nothing in this Agreement shall be constrned to compel the City to approve or make any patticular findings with respect to such environmental documentation. The Developer shall provide such information as may be required to enable the City to prepare or cause preparation and consideration of any CEQA-required document, and shall otherwise generally cooperate with the City to complete this task. The Developer shall be responsible for all costs associated with the preparation of the required CEQA documentation.
7. Due Diligence. During the Negotiating Period, the Developer shall conduct the following due diligence activities:
Exhibit B
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(a) Property Adequacy Determination. The Developer shall determine whether the Property is suitable for development of the Project, taking into account the geotechnical and soils conditions, the presence or absence of toxic or other hazardous materials, the zoning of the Property, the massing of the proposed Project improvements and the parking requirements imposed on projects of this type and the other environmental and regulatmy factors that the Developer deems relevant. If, in the Developer's judgment based on such investigations and analyses, the Prope1iy is not suitable for development, the Developer may notify the City in writing prior to the expiration of the Negotiating Period of its determination. Upon such timely notification by the Developer, the remaining balance of the Deposit shall be immediately refunded to the Developer and this Agreement shall be terminated without fu1iher action of either Party, and thereafter neither Pmiy shall have any further duties, obligations, rights, or liabilities under this Agreement; except as set fmih in Section 4 and Section 11 (b) Objections to Title. Promptly following the execution of this Agreement, the Developer shall cause Old Republic Title Company at 675 N. 1st St., #900, San Jose, California, to issue a Preliminary Title Report (the "Repmi") on the Prope1iy to the Developer and the City.
If the Developer objects to any exception appearing on the Report or should any title exception arise after the date of the Repmi, the Developer may object to such exception, provided such objection is made to the City in writing on or before 5 :00 P .M. on the thirtieth (30th) day following the date the Developer and the City receive the Report. If the Developer objects to any exception to title, the City, within fifteen (15) days ofreceipt of Developer's objection shall notify Developer in writing whether City elects to (i) cause the exception to be removed off record, (ii) obtain a commitment from for an appropriate endorsement to the policy of title insurance to be issued to the Developer, insuring against the objectionable exception, or (iii) terminate this Agreement, unless the Developer elects to take title subject to such exception. If either Pmiy elects to terminate this Agreement pursuant to this subsection, the remaining balance or the Deposit shall be immediately refunded to the Developer and neither Party shall thereafter have any obligations to or rights against the other hereunder, except as set fo1ih in Section 4 and Section 11 If the Developer fails to provide any notification to the City regarding this matter prior to expiration of the time period set forth herein, the condition set fo1ih in this subsection shall be deemed satisfied and this Agreement shall continue in effect. Notwithstanding the foregoing, City shall use good faith best efforts to keep the Property free and clear of any new liens or encumbrances during the Negotiating Period.
8. Site Access. No later than ten (10) days following execution of this Agreement, Developer and the City will enter into a separate agreement to provide Developer and its consultants with rights to enter, examine and conduct tests on the Property.
9. Repmis. The Developer shall provide the City with copies of all repmis, studies, analyses, c01Tespondence and similar documents, but excluding confidential or proprietary information, prepared or commissioned by the Developer with respect to this Agreement and the Project, promptly upon their completion. The City shall provide the Developer with copies of all reports, studies, analyses, c01Tespondence and similar documents (collectively, "Documents") prepared or commissioned by the City with respect to this Agreement and the Project, promptly following execution of this Agreement with respect to documents then in its possession or under its reasonable control, and promptly upon their completion with respect to any subsequently prepared documents.
Exhibit B
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While desiring to preserve its rights with respect to treatment of certain information on a confidential or proprietary basis, the Developer acknowledges that the City will need sufficient, detailed information about the proposed Project (including, without limitation, the financial information described in Section 10) to make informed decisions about the content and approval of the DDA. The City will work with the Developer to maintain the confidentiality of proprietary information subject to the requirements imposed on the City by the Public Records Act (Government Code Sections 6253, et seq.). The Developer acknowledges that the City may, subject to the limitations set forth in the preceding sentence, share information provided by the Developer of a financial and potential proprietary nature with third patty consultants and City Council members as pmt of the negotiation and decision making process. If this Agreement is te1minated without the execution of a DDA, the City shall return to the Developer any info1mation submitted by the Developer under this Agreement.
10. Schedule of Performance. During the Negotiating Period, the Developer and City will complete initial work and studies as described in Exhibit B. Following the Negotiating Period, the Developer shall provide the City with a detailed schedule of perfo1mance for the Project which shall include, but not be limited to: a plan setting f01th the proposed timeline for the preparation of development concepts, community outreach, and planning and environmental review/approval.
11. Progress Reports. Each Party on a monthly basis shall make oral or written progress reports advising the other party on studies being made and matters being evaluated by the reporting Party with respect to this Agreement and the Project.
Exhibit B
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TENTATIVE WORK PLAN
CITY
• Begin environmental documentation required by the California Environmental Quality Act ("CEOA");
• Facilitate meeting to review submittal for Planned Development Zoning, Planning and Development Permits and Tentative Map Application and circulation of Draft CEQA Analysis;
• Provide confirmation of all applicable City fees and waivers, including parks fees; • Arrange meetings for the negotiation of the DDA;
• Schedule Planning Commission Hearing;
• Schedule City Council Hearing;
• Provide City financing documentation for public finance applications; and • Other tasks as appropriate to meet project goals.
DEVELOPER (During Negotiation Period of ENA)
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Prepare a Scope of Development and Proposed Site Plan describing location and land uses of the proposed Project;
Prepare detailed Schedule of Performance for the Project and key partners; Submit a detailed pro fmma and begin negotiating a Te1m Sheet to discuss and evaluate the financial and operational components, including any requirements pertaining to the applicability of any prevailing wage requirements; Provide the City with organizational documents as well as an organization chaii outlining key personnel's roles and responsibilities;
Identify key stakeholders; Conduct and document Project Community Meetings for public input on site design and operations;
Preliminary Analysis of toxic and hazardous waste conditions throughout the Property;
Preliminary Analysis of geotechnical conditions of site surface and subsurface; DEVELOPER (Post execution ofDDA)
• Assessment of traffic and parking issues/constraints that may affect site development; • Assessment of major public and private utility capacities and connections for providing service to the Project;
• Assessment of site drainage and wate1way issues that may affect site development; • Submit Preliminary Planning Application
• Discuss with the City any subsequent deposits necessary, to offset the costs for retention of fi.niher consultants;
• Review of any site easements or other use restrictions that may affect site development;
• Create Construction drawings;
• Review of Title as it may affect site development and financing of development; • Obtain Planning and Development permits and tentative map; • Pursue necessary financing commitments; and
• Other tasks as appropriate to meet project goals.
Exhibit B
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Amendment No. 7 to Habitat ENA Page 1 of 4
AMENDMENT NO. 7
TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
PREAMBLE
This agreement (“Amendment No. 7”) is entered into on this 31st day of December, 2023, (“Effective Date”) by and between the City of Santa Clara, a chartered California municipal corporation (“City”), and Habitat for Humanity East Bay/Silicon Valley , Inc., a California Non-Profit Corporation (“Developer”). City and Developer may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. The City is the owner of a .69 -acre parcel of real property in the City of Santa Clara located at 3575 De La Cruz Boulevard (APN 101-15-049) (the “Property”). The Developer has proposed to develop the Property with 15 units of affordable ownership housing, including mixed-income townhomes and flats (the “Project”). The entire p roject is proposed to be affordable to households with income between 50% and 120% of Area Median Income (AMI).
B. The Parties previously entered into an agreement entitled “ Exclusive Negotiating Rights Agreement” dated April 9, 2019 and fully executed on June 17, 2019 (the “Original Agreement”). The Original Agreement provided a Negotiating Period of 18 months, which expired on December 17, 2020.
C. The Original Agreement establish ed procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the “DDA”) pursuant to which the Developer will conduct specified development activities related to the Property.
D. The Parties previously entered into an agreement entitled “Amendment No. 1 to the Exclusive Negotiating Rights Agreement” dated December 17, 2020 (First Amendment). The First Amendment to Agreement provided a six (6) month extension which expired on June 17, 2021.
E. The Parties previously entered into an agreement entitled “Amendment No. 2 to the Exclusive Negotiating Rights Agreement” dated July 12, 2021 (Second Amendment). The Second Amendment to Agreement provided a six (6) month extension which expired on December 30, 2021.
F. The Parties previously entered into an agreement entitled “Amendment No. 3 to the Exclusive Negotiating Rights Agreement” dated December 20, 2021 (Third Amendment). The Third Amendment to Agreement provided a six (6) month extension which expired on June 30, 2022.
G. The Parties previously entered into an agreement entitled “Amendment No. 4 to the Exclusive Negotiating Rights Agreement” dated October 11, 2022
Amendment No. 7 to Habitat ENA Page 2 of 4
(Fourth Amendment). The Fourth Amendment to Agreement provided a six (6) month extension which expired on December 30, 2022.
H. The Parties previously entered into an agreement entitled “Amendment No. 5 to the Exclusive Negotiating Rights Agreement” dated March 20, 2023 (Fifth Amendment). The Fifth Amendment to Agreement provided a six (6) month extension which expired on June 30, 2023.
I. The Parties previously entered into an agreement entitled “Amendment No. 6 to the Exclusive Negotiating Rights Agreement” dated June 16, 2023 (Sixth Amendment). The Sixth Amendment to Agreement provided a six (6) month extension which shall expire on December 30, 2023.
J. Developer has requested an extension of an ENA in order to complete certain tasks before a disposition and development agreement can be presented to the City Council. This S eventh Amendment to Agreement provides a twelve (12) month extension which is set to expire on December 30, 2024.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Sixth Amendment Agreement, entitled “Negotiating Period,” is hereby deleted and replaced in its entirety to read as follows:
“2. Negotiating Period . The negotiating period (the " Negotiating Period") under this Agreement shall be twelve (12) months, commencing on the date this Agreement is fully executed, for a Negotiating Period of December 31, 2023 through December 30, 2024. The Parties mutually agree d to extend the negotiating period for twelve (12) months , c ommencing on December 17, 2020 and terminating at 11:59 p.m. on June 17, 2021. The Parties mutually agreed to a second extension of t he negotiating period for six (6) months, terminating at 11:59 p.m. on December 30, 2021. The Parties mutually agreed to a third extension of the negotiating period for six (6) months, terminating at 11:59 p.m. on June 30, 2022 . The Parties mutually agreed to a fourth extension of the negotiating period for six (6) months, terminating at 11:59 p.m. on December 30, 2022. The Parties mutually agree d to a fifth extension of the negotiating period for six (6) months, commencing on December 3 0, 2022 and terminating at 11:59 p.m. on June 30, 2023. The Parties mutually agreed to a sixth extension of the negotiating period for six (6) months terminating at 11:59 a.m. on December 30, 2023. The Parties mutually agree to this seventh extension of the negotiating period for twelve (12) months, commencing on December 31, 2023 and terminating at 11:59 p.m. on December 30, 2024.
In the event that the Developer is not ready to enter into a DDA by December 30, 2024, and provided that the City determines that good
Amendment No. 7 to Habitat ENA Page 3 of 4
cause exists in its reasonable discretion, an eight h non-automatic twelve-month extension extending the ENA from December 31, 2024 to December 30, 2025 may be granted with the written consent of the Developer. If, after an eight h non-automatic extension is granted by the City, and a DDA has not been executed by the City and the Developer (or its affiliate) by December 31, 2025, and no additional extension has been approved through an additional amendment to the eighth Agreement, then the eighth Agreement shall terminate and no party shall have any further rights or obligations under th e eight h Agreement, except as set forth in Section 4 and Section 11. If a DDA is executed by the City and the Developer (or its affiliate), then, upon such execution, th e eighth Agreement shall terminate , and all rights and obligations of the Parties shall be as set forth in the executed DDA.”
2. Except as set forth herein, a ll other terms and conditions of the Original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement , Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, Amendment No. 6 or this Amendment No. 7, the provisions of this Amendment No. 7 shall control.
3. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
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Amendment No. 7 to Habitat ENA Page 4 of 4
The Parties acknowledge and accept the terms and conditions of this Amendment No. 7 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
Glen R. Googins
City Attorney
Jōvan Grogan
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Dated: _______________________________
________________________________
Janice Jensen
President & CEO
2619 Broadway
Oakland, CA 94612
[email protected]
Telephone: (510) 251-6304
Fax: (510) 251-6309
“DEVELOPER”
Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 1 of 8 Rev: 02-01-15
EBIX No. S200004223
AMENDMENT NO. 5 TO THE AMENDED AND RESTATED
REPLACEMENT LICENSE AGREEMENT
GRANTING RIGHT OF ENTRY TO AND ALLOWING ACCESS ON
CERTAIN CITY OWNED PROPERTY PREAMBLE
This license agreement (“License”) is entered into by and between the City of Santa Clara, California, a chartered California municipal corporation, with its principal place of business located at 1500 Warburton Avenue, Santa Clara, CA 95050 (“City”), and Habitat for Humanity East Bay/Silicon Valley, a 501(c)(3) not-for-profit organization, with its principal place of business located at 2619 Broadway, Oakland, CA 94612, (“Licensee”), for the purpose of providing Licensee the temporary right of access to Property described in this License and the right to use it for the activities referred to in this License. City and Licensee may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this License.”
The Parties to this License agree that the rights, privileges, and obligations granted by this License are set forth as follows:
LICENSE PROVISIONS:
1. PERMITTED ACTIVITIES
In response to Licensee’s request that City grant a temporary license to Licensee for access to certain City owned real property located at 3575 De La Cruz Boulevard (the “Property”) and in consideration of the sum of Zero dollars ($0.00) and other good and valuable consideration, City hereby grants Licensee a revocable license to use Property for the specific and limited use and purpose as set forth in this License. The Property is more specifically described in Exhibit A, attached and incorporated by this reference.
Said temporary access to the Property is granted to Licensee, its employees, agents and contractors for the sole purpose of conducting the following activities:
A. Use. Licensee, its employees, agents and contractors are authorized to enter on and cross over Property only for the limited purpose of conducting a property survey and geotechnical, environmental, and utility studies and to perform the necessary activities related to such limited purpose. It is understood by the Parties that the use(s) permitted under this License is/are limited to the purposes described above.
B. Access. Licensee is granted limited rights of access to the Property by this License. Licensee’s access to the Property will be from De La Cruz Boulevard, the public road adjacent to the Property. Vehicular travel on the Property will be
Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 2 of 8 Rev: 02-01-15
limited to areas outlined in Exhibit A. Licensee must provide notice to the City requesting access to the Property as outlined in Exhibit B.
C. Gates. Licensee agrees to keep all gates it utilizes closed if found to be closed, or open if found to be open.
D. Weather. All activities will be conducted on a “weather permitting” basis.
Licensee shall use its best efforts to keep surface disturbances to a minimum and avoid rutting of any roads. Any damage caused to the Property or any underground electrical ducts, storm sewer and water lines, manholes and appurtenances located on or under the surface of the Property or to any roads shall be promptly repaired by Licensee. The roads or any other area shall not be left in a rutted or otherwise damaged condition.
E. Prohibitions and Limitations. Except as may be required to accomplish the permitted use(s) described in subsection 1A, above, the use(s) and activities authorized under this License shall not:
1. significantly disturb the surface of the Property
2. be inconsistent with those permitted on the Property
3. interfere in any way with the City’s ownership rights and privileges on the property; and/or
4. cause or contribute in any way to the contamination of all or any portion of the Property, by any substance, especially Hazardous Materials as that term is defined in section 4 of this License.
2. TERM OF THE LICENSE
In order to align with the term of Amendment No. 7 to the Exclusive Negotiating Rights Agreement between the City of Santa Clara, California and Habitat for Humanity East Bay/Silicon Valley, Inc., City grants this License for temporary access to the Property to Licensee for a time period commencing on the Effective date of the License and ending on December 30, 2024. Upon prior written approval by the City Manager or his designee, a twelve (12) month extension of the term of this License may be granted after Licensee submits a written request to City which justifies the extension.
3. RETURN PROPERTY TO EXISTING CONDITION
Immediately upon completion of the use of the Property permitted by this License, or upon the expiration of the term of this License, whichever occurs first, Licensee shall restore the Property to substantially the same condition as it was existing prior to Licensee’s use, as determined by City representatives. At that time, Licensee shall remove from the Property any and all equipment or materials used in conducting the
Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 3 of 8 Rev: 02-01-15
permitted activities. Licensee expressly acknowledges its financial obligation to fulfill this condition promptly. Licensee shall repair any damage caused to the existing underground electric ducts, storm sewer and water lines, manholes and\or appurtenances located on, above or under the surface of the Property.
4. HAZARDOUS MATERIALS ON THE PROPERTY
A. Licensee shall not use or store Hazardous Materials of any kind on or near the Property which could contaminate the Property, without prior written permission from City. Subject to Section 4.D. below, in the event that any Hazardous Material is spilled or leaked or otherwise released on the Property or any area in the vicinity of the Property as a result of Licensee’s exercise of this License, Licensee shall promptly take all steps necessary to remove any contamination resulting from such activities. Licensee accepts full responsibility for all activities and costs incurred related to cleaning up the Property from the effects of such spill or leak. Licensee shall be responsible for meeting, and possess the means to satisfy, the requirements of all federal, state and local controlling agencies, such as the Bay Area Water Quality Management District and/or the Environmental Protection Agency, which may have jurisdiction over the region in which the Property is located or over the substance being used by Licensee on the Property.
B. Hazardous Materials Defined. The term “Hazardous Material(s)” shall mean any toxic or hazardous substance, material or waste or any pollutant or contaminant or infectious or radioactive material, including but not limited to, those substances, materials or wastes regulated now or in the future under any of the following statutes or regulations and any and all of those substances included within the definitions of “hazardous substances,” “hazardous waste,” “hazardous chemical substance or mixture,” “imminently hazardous chemical substance or mixture,” “toxic substances,” “hazardous air pollutant,” “toxic pollutant” or “solid waste” in the (a) “CERCLA” or “Superfund” as amended by SARA, 42 U.S.C.
Sec. 9601 et seq., (b) RCRA, 42 U.S.C. Sec. 6901 et seq., (c) CWA., 33 U.S.C.
Sec. 1251 et seq., (d) CAA, 42 U.S.C. 78401 et seq., (e) TSCA, 15 U.S.C. Sec. 2601 et seq., (f) The Refuse Act of 1899, 33 U.S.C. Sec. 407, (g) OSHA, 29 U.S.C. 651 et seq. (h) Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq., (i) USDOT Table (40 CFR Part 302 and amendments) or the EPA Table (40 CFR Part 302 and amendments), (j) California Superfund, Cal. Health & Safety Code Sec. 25300 et seq., (k) Cal. Hazardous Waste Control Act, Cal.
Health & Safety Code Section 25100 et seq., (l) Porter-Cologne Act, Cal. Water Code Sec. 13000 et seq., (m) Hazardous Waste Disposal Land Use Law, Cal.
Health & Safety Code Sec. 25220 et seq., (n) “Proposition 65,” Cal. Health and Safety Code Sec. 25249.5 et seq., (o) Hazardous Substances Underground Storage Tank Law, Cal. Health & Safety Code Sec. 25280 et seq., (p) California Hazardous Substance Act, Cal. Health & Safety Code Sec. 28740 et seq., (q) Air Resources Law, Cal. Health & Safety Code Sec. 39000 et seq., (r) Hazardous
Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 4 of 8 Rev: 02-01-15
Materials Release Response Plans and Inventory, Cal. Health & Safety Code Secs. 25500-25541, (s) TCPA, Cal. Health and Safety Code Secs. 25208 et seq., and (t) regulations promulgated pursuant to said laws or any replacement thereof, or as similar terms are defined in the federal, state and local laws, statutes, regulations, orders or rules. Hazardous Materials shall also mean any and all other substances, materials and wastes which are, or in the future become regulated under applicable local, state or federal law for the protection of health or the environment, or which are classified as hazardous or toxic substances, materials or wastes, pollutants or contaminants, as defined, listed or regulated by any federal, state or local law, regulation or order or by common law decision, including, without limitation, (i) trichloroethylene, tetrachloroethylene, perchloroethylene and other chlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste.
C. Hazardous Materials Indemnity. Subject to Section 4.D. below, Licensee shall indemnify, defend (by counsel reasonably acceptable to City), protect and hold City harmless from and against any and all claims, liabilities, penalties, forfeitures, losses and/or expenses (including, without limitation, diminution in value of the Property, damages for the loss or restriction on use of the rentable or usable space or of any amenity of the Property, damages arising from any adverse impact or marketing of the Property and sums paid in settlement of claims, response costs, cleanup costs, site assessment costs, attorneys’ fees, consultant and expert fees, judgments, administrative rulings or orders, fines, costs of death of or injury to any person or damage to any property whatsoever (including, without limitation, groundwater, sewer systems and atmosphere), arising from, or caused or resulting, either prior to or during the term of this License, in whole or in part, directly or indirectly, by the presence or discharge in, on, under or about the Property by Licensee, Licensee’s agents, employees, licensees or invitees or at Licensee’s direction of Hazardous Material, or by Licensee’s failure to comply with any Hazardous Materials Law, whether knowingly or by strict liability.
Licensee’s indemnification obligations shall include, without limitation, and whether foreseeable or unforeseeable, all costs of any required or necessary Hazardous Materials management plan, investigation, repairs, cleanup or detoxification or decontamination of the Property, and the presence and implementation of any closure, remedial action or other required plans, and shall survive the expiration of or early termination of the term of this License. For purposes of the indemnity provided herein, any acts or omissions of Licensee, or its employees, agents, customers, sublessees, assignees, contractors or subcontractors of Licensee (whether or not they are negligent, intentional, willful or unlawful) shall be strictly attributable to Licensee.
D. Notwithstanding anything to the contrary contained in this Section 4 Licensee shall not be liable for clean up of the exacerbation of pre-existing Hazardous
Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 5 of 8 Rev: 02-01-15
Materials located on the Property (“Pre-existing Materials”) that might be caused by Licensee’s activities hereunder, including, but not limited to, the movement of Hazardous Materials between levels of soils or into groundwater, nor shall Licensee’s indemnification in Section 4.C. apply to any discovery or exacerbation of Pre-existing Materials.
5. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Licensee hereby agrees to protect, defend, hold harmless, and indemnify City, its council, officers, employees, agents, successors, and assigns, from and against all claims, injury, liability, loss, cost, and expense, or damage however same may be caused, including without limitation, all costs and reasonable attorney’s fees in providing a defense to any claim arising therefrom, or any loss of or damage to property (real and/or personal), and for personal injury to or the death of any person or persons, arising out of, occurring by reason of, or in any way connected with, Licensee’s operations, acts, errors, omissions or use of the Property or exercise of it rights under this License, except to the extent arising out of the negligence or willful misconduct of City.
6. INSURANCE REQUIREMENTS
During the term of this License, Licensee, and each of its contractors and agents which enter onto the Property to carry out permitted activities, shall each maintain in full force and effect the following insurance policies:
A. Commercial general liability policy (bodily injury and property damage); B. Comprehensive automobile liability insurance policy; and C. Worker’s Compensation and employer’s liability policy.
Said policies shall be maintained with respect to employees, volunteers, participants and spectators and vehicles using the Property with coverage amounts and including the required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C, attached and incorporated by this reference.
7. CITY’S RIGHTS
City reserves the right to use the Property in any manner, provided such use does not unreasonably interfere with the rights granted to the Licensee in this License.
8. ASSIGNMENT - EXCLUSIVE TO LICENSEE
The access rights granted in this License are personal and limited solely to Licensee and its employees for the stated purpose set forth in this License. Licensee agrees not to commit waste or to construct, allow or maintain any use, construction or operate any equipment which constitutes a nuisance on the Property or which may in any way
Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 6 of 8 Rev: 02-01-15
interfere with the use, enjoyment or possession of the Property by City, or the City’s lessee(s) or licensee(s) on the Property, if any. The Property shall not be used by any person or entity, including the Licensee or its employees, for any purpose other than stated in this License. Neither this License, nor the rights granted to Licensee within it, shall be assignable or otherwise transferable without the prior written consent of City.
Unless specifically stated to the contrary in any written consent to an assignment, no assignment or other transfer will release or discharge the Licensee from any duty, responsibility or liability under this License.
9. REVOCATION OR TERMINATION OF LICENSE
This License may be revoked or terminated with or without cause by City immediately upon providing written notice of said revocation or termination to Licensee, or its representative. If any notice given pursuant to the License is not personally delivered to Licensee, said notice shall be deemed to be delivered five (5) days after deposit of said notice in a sealed envelope, postage fully prepaid, in a mailing facility regularly maintained by the United States Post Office Department, addressed as follows:
If to Licensee:
Janice Jensen
Habitat for Humanity East Bay/Silicon Valley
2619 Broadway
Oakland, CA 94612
and to City at:
City of Santa Clara
Attention: City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
or by facsimile at (408) 241-6771
10. AUTHORITY TO GRANT LICENSE
City warrants that it is the owner of the Property and that it has the full rights and authority to grant the rights to the Licensee which are contained in this License.
11. LICENSE TO BE CARRIED ON SITE
This License, or a copy of the License, must be in the immediate possession of Licensee’s representative at all times while on the Property.
Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 7 of 8 Rev: 02-01-15
12. COUNTERPARTS
This License may be executed in two counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
13. FACSIMILE SIGNATURE
The Parties agree that signatures on this License, including those transmitted by facsimile, shall be sufficient to bind the Parties.
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Amendment No.5 Amend/Restated Replacement License Agreement/Habitat for Humanity Page 8 of 8 Rev: 02-01-15
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
Dated: ________________________
Glen R. Googins
City Attorney
“CITY”
Jōvan Grogan
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Dated:
S:\Attorney\AGREEMENTS\License\Right of Entry License Agreement (Form).doc
By:
Signature of Person executing the Agreement
(
)
Name:
Janice J
ensen
Address:
2619
Broadway
Oakland, CA
94612
Telephone
510
-
251
-
6304
Fax:
510
-
251
-
6309
“LICENSEE”
AMENDMENT NO. 5 TO AMENDED AND RESTATED
REPLACEMENT LICENSE AGREEMENT
GRANTING RIGHT OF ENTRY TO AND ALLOWING ACCESS ON
CERTAIN CITY OWNED PROPERTY
EXHIBIT A
Amendment No.5 Amend/Restated Replacement License Agreement/ Habitat for Humanity /Exhibit A Page 1 of 1 Rev: 02-01-15
APN: 101-15-049
NOTICES
All access notices required under this Agreement shall be in writing and shall be delivered with a minimum 24 hour notice prior to requesting access. Notices shall be delivered to the City at:
City of Santa Clara
Attention: Housing and Community Services Division
1500 Warburton Avenue
Santa Clara, CA 95050
If by electronic mail:
[email protected]
copy to: [email protected]
The notice of request for site access shall include the following:
• Date/Time of requested access
• Anticipated length of time needed at the site
• Name(s) of firms and individuals to be on site
• Scope of work (i.e., the activities to be conducted) with a confirmation that any appropriate permits have been secured.
A representative of the City will arrange for the gates to be opened at its earliest convenience.
AMENDMENT NO. 5 TO AMENDED AND RESTATED
REPLACEMENT LICENSE AGREEMENT
GRANTING RIGHT OF ENTRY TO AND ALLOWING ACCESS ON
CERTAIN CITY OWNED PROPERTY
EXHIBIT B
Amendment No.5 Amend/Restated Replacement License Agreement/ Habitat for Humanity /Exhibit B Page 1 of 1 Rev: 02-01-15
The Insurance Certificate Must:
* The Insurance Certificate must: Be an original document. * List all subsidiaries or DBA’s covered by the certificate provided. * Provide at least 30 days’ notice of cancellation.
* Show complete insurance carrier names as listed in the A.M. Best Property & Casualty Guide * Be completed in its entirety and signed. Binders are not acceptable.
Commercial General Liability (CGL)
Occurrence form – requires coverage not less than:
$1,000,000 General Aggregate
$1,000,000 Products and Completed Operations Aggregate $1,000,000 Personal and Advertising Injury
$1,000,000 Each Occurrence
* Coverage must be placed with a carrier rated not less than A- VI by A.M. Best & Co. * Additional Insured Endorsement Required. Attach a CG 2026 11/85 Additional Insured Endorsement, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent, or CGL 090 74 18. * Additional Insured Wording must read: The City of Santa Clara, its City Council, commissions, officers, employees, agents and volunteers.
* Coverage must be Primary and Non-Contributory above any other insurance The City of Santa Clara, its City Council, commissions, officers, employees, agents and volunteers may carry.
Commercial Automobile Liability:
Must indicate coverage for Any Auto or Owned, Hired or Borrowed, and Non-owned Vehicles $1,000,000 Combined Single Limit
$1,000,000 Bodily Injury per Accident
Coverage must be placed with a carrier rated not less than A- VI by A.M. Best & Co.
Workers’ Compensation:
State Statutory Limits
Employers’ Liability Coverage
$1,000,000 Each Accident
$1,000,000 Disease – Policy Limit
$1,000,000 Disease – Each Employee
Certificate Holder:
City of Santa Clara
c/o Ebix BPO – Insurance Compliance
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097EBIX Inc.
Fax documents for compliance & verification of insurance requirements to (770) 325-0409 or Email to [email protected] - For customer service and inquires, call (951)766-2280 AMENDMENT NO. 1
TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into on this I~]]: day of DQ<.'t?lv\M)t 2020, ("Effective Date") by and between the City of Santa Clara, a chartered California municipal corporation ("City"), and Habitat for Humanity East Bay/Silicon Valley, Inc., a California Non-Profit Corporation ("Developer"). City and Developer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Exclusive Negotiating Rights Agreement" dated April 9, 2019 and fully executed on June 17, 2019 (the "Original Agreement ").
B. The City is the owner of a .69-acre parcel of real property in the City of Santa Clara located at 3575 De La Cruz Boulevard (APN 101-15-049) (the "Property") . The Developer has proposed to develop the Property with 13 units of affordable ownership housing, including mixed-income townhomes and flats (the "Project") . The entire project is proposed to be affordable to households with income between 60% and 120% of Area Median Income (AMI).
C. The Original Agreement established procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the "ODA") pursuant to which the Developer will conduct specified development activities related to the Property .
D. The Original Agreement provided a Negotiating Period of 18 months, which is set to expire on December 17, 2020. The Original Agreement also authorized two extensions of six (6) months each, upon presentation of a written request by the Developer, and provided that an amendment to the Original Agreement was executed by the Developer and the City Manager.
E. On November 12, 2020, the Developer submitted a written request for the first six-month extension . Through this Amendment No. 1, the Parties intend to approve that first six-month extension .
NOW, THEREFORE , the Parties agree as follows:
AMENDMENT T ERMS AND CONDITIONS
1. Section 2 of the Original Agreement, entitled "Negotiating Period," is hereby deleted and replaced in its entirety to read as follows:
Amendmen t No. I to Habitat ENA Page I of3
"2. Negotiating Period. The negotiating period (the "Negotiating Period") under this Agreement shall be eighteen (18) months, commencing on the date this Agreement is fully executed, for an initial Negotiating Period of June 17, 2019 to December 17, 2020.
The parties have mutually agreed to extend the negotiating period for six (6) months, commencing on December 17, 2020 and terminating at 11 :59 p.m. on June 17, 2021.
The Developer may request an additional six (6) month extension by submitting a written request together with a schedule of tasks to be accomplished during the additional period. Granting of such extension shall be at the discretion of the City Manager and shall only be effective upon the execution of a subsequent amendment to the Agreement.
If a DOA has not been executed by the City and the Developer (or its affiliate) by June 17, 2021, and no additional extension has been approved through an additional amendment to this Agreement, then this Agreement shall terminate and no party shall have any further rights or obligations under this Agreement, except as set forth in Section 4 and Section 11. If a DOA is executed by the City and the Developer (or its affiliate), then, upon such execution, this Agreement shall terminate, and all rights and obligations of the Parties shall be as set forth in the executed DOA."
2. Except as set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
3. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
Amendment No. I to Habitat ENA Page 2 of3
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: ___ l'H_l'-f_._,_WJ;-_' _o ____ _ ~f.--
BRIAN DOYLE
City Attorney
~ . ~~ ~/ DEA~JSANTANA
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Amendment No . I to Habitat ENA
Dated: I 2.- \ l-\ L-\
2619 Broadway
Oakland, CA 94612
[email protected]
Telephone: (510) 251-6304
Fax: (510) 251-6309
"DEVELOPER"
AMENDMENT NO. 2
TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
PREAMBLE
This agreement ("Amendment No. 2") is entered into on this \11li day of :fUL '\I , 2021, ("Effective Date") by and between the City of Santa Clara, a charteredCa!Tornia municipal corporation ("City"), and Habitat for Humanity East Bay/Silicon Valley, Inc., a California Non-Profit Corporation ("Developer"). City and Developer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Exclusive Negotiating Rights Agreement" dated April 9, 2019 and fully executed on June 17, 2019 (the "Original Agreement").
B. The Parties previously entered into an agreement entitled "Amendment No. 1 To The Exclusive Negotiating Rights Agreement" dated December 17, 2020 (First Amendment).
C. The City is the owner of a .69-acre parcel of real property in the City of Santa Clara located at 3575 De La Cruz Boulevard (APN 101-15-049) (the "Property"). The Developer has proposed to develop the Property with 13 units of affordable ownership housing, including mixed-income townhomes and flats (the "Project"). The entire project is proposed to be affordable to households with income between 60% and 120% of Area Median Income (AMI).
D. The Original Agreement established procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the "ODA") pursuant to which the Developer will conduct specified development activities related to the Property .
E. The Original Agreement provided a Negotiating Period of 18 months, which is set to expire on December 17, 2020 . The Original Agreement also authorized two extensions of six (6) months each, upon presentation of a written request by the Developer, and provided that an amendment to the Original Agreement was executed by the Developer and the City Manager .
F. The First Amendment to Agreement provided a six (6) month extension which is set to expire on June 17, 2021 . The Original Agreement authorizes one more extension of six (6) months.
NOW, THEREFORE, the Parties agree as follows :
Amendme nt No . 2 to Habitat ENA Page I of3
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the First Amendment Agreement, entitled "Negotiating Period," is hereby deleted and replaced in its entirety to read as follows:
"2. Negotiating Period. The negotiating period (the "Negotiating Period") under this Agreement shall be eighteen (18) months, commencing on the date this Agreement is fully executed, for an initial Negotiating Period of June 17, 2019 to December 17, 2020.
The parties mutually agreed to extend the negotiating period for six (6) months, commencing on December 17, 2020 and terminating at 11 :59 p.m. on June 17, 2021. The parties have mutually agreed to a second extension of the negotiating period for six (6) months, commencing on the date this Amendment is fully executed and terminating at 11 :59 p.m. on December 30, 2021.
If a DOA has not been executed by the City and the Developer ( or its affiliate) by December 30, 2021, and no additional extension has been approved through an additional amendment to this Agreement, then this Agreement shall terminate and no party shall have any further rights or obligations under this Agreement, except as set forth in Section 4 and Section 11. If a DOA is executed by the City and the Developer (or its affiliate), then, upon such execution, this Agreement shall terminate, and all rights and obligations of the Parties shall be as set forth in the executed DOA."
2. Except as set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement, Amendment No. 1, or this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
3. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 as evidenced by the following signatures of their duly authorized representatives.
Amendment No. 2 to Habitat ENA Page 2 of3
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: __ 1_[ {_i-_/~ __ ( ___ _
BRIAN DOYLE
City Attorney
~ ~ANA
Cit~
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: ( 408) 615-2210
Fax: (408) 241-6771
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Amendment No. 2 to Habitat ENA
Dated: ~,~ / ZoZ.l
By ~ ~ JAICJENSEN
Pr .\ nt & CEO
2619 Broadway
Oakland, CA 94612
[email protected]
Telephone: (510) 251-6304
Fax: (510) 251-6309
"DEVELOPER"
AMENDMENT NO. 3
TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
PREAMBLE
This agreement ("Amendment No. 3") is entered into on this ,io-ot day of Q~~h'\~ 2021 , ("Effective Date") by and between the City of Santa Clara, a chartered California municipal corporation ("City"), and Habitat for Humanity East Bay/Silicon Valley, Inc., a California Non-Profit Corporation ("Developer' '). City and Developer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Exclusive Negotiating Rights Agreement" dated April 9, 2019 and fully executed on June 17, 2019 (the "Original Agreement").
B. The Parties previously entered into an agreement entitled "Amendment No. 1 To The Exclusive Negotiating Rights Agreement" dated December 17, 2020 (First Amendment).
C. The Parties previously entered into an agreement entitled "Amendment No. 2 to the Exclusive Negotiating Rights Agreement" dated July 12, 2021 (Second Amendment).
C. The City is the owner of a .69-acre parcel of real property in the City of Santa Clara located at 3575 De La Cruz Boulevard (APN 101-15-049) (the "Property"). The Developer has proposed to develop the Property with 13 units of affordable ownership housing, including mixed-income townhomes and flats (the "Project"). The entire project is proposed to be affordable to households with income between 60% and 120% of Area Median Income (AMI).
D. The Original Agreement established procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the "ODA") pursuant to which the Developer will conduct specified development activities related to the Property.
E. The Original Agreement provided a Negotiating Period of 18 months, which expired on December 17, 2020.
F. The First Amendment to Agreement provided a six (6) month extension which expired on June 17, 2021.
G. The Second Amendment to Agreement provided a six (6) month extension which is set to expire on December 30, 2021.
Ame ndment No. 3 to Habitat ENA Page I of3
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Second Amendment Agreement, entitled "Negotiating Period," is hereby deleted and replaced in its entirety to read as follows:
"2. Negotiating Period. The negotiating period (the "Negotiating Period") under this Agreement shall be eighteen (18) months, commencing on the date this Agreement is fully executed, for an initial Negotiating Period of June 17, 2019 to December 17, 2020.
The parties mutually agreed to extend the negotiating period for six (6) months, commencing on December 17, 2020 and terminating at 11 :59 p.m. on June 17, 2021. The parties mutually agreed to a second extension of the negotiating period for six (6) months, terminating at 11 :59 p.m. on December 30, 2021. The parties have mutually agreed to a third extension of the negotiating period for six (6) months, commencing on December 30, 2021 and terminating at 11 :59 p.m. on June 30, 2022. This date may be extended for a period of an additional six (6) months upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. Granting of such extension shall be at the discretion of the City Manager and shall only be effective upon the execution of an amendment to this agreement.
If a DOA has not been executed by the City and the Developer (or its affiliate) by June 30, 2022, and no additional extension has been approved through an additional amendment to this Agreement, then this Agreement shall terminate and no party shall have any further rights or obligations under this Agreement, except as set forth in Section 4 and Section 11. If a DOA is executed by the City and the Developer (or its affiliate), then, upon such execution, this Agreement shall terminate, and all rights and obligations of the Parties shall be as set forth in the executed DOA."
2. Except as set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement, Amendment No. 1, Amendment No. 2, or this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
3. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.
Amendment No. 3 to Habitat ENA Page 2 of3
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: __ /L..-~.;;;;;+f ...... ~~/4>~D.--=o/---- Office ~ y Attorney
City of Santa Clara
4JV' D NN J. SAN AN
t Ci Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY "
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Amendment No . 3 to Habitat ENA
Dated: l/ ( 1~/ZDZ-I
By: __ -+------------
JA IC JENSEN
Pres· & CEO
2619 Broadway
Oakland, CA 94612
[email protected]
Telephone: (510) 251-6304
Fax: (510) 251-6309
"DEVELOPER "
AMENDMENT NO. 4
TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
PREAMBLE
This agreement ("Amendment No. 4") is entered into on this ( ( ~ day of Ooh,1::,er 2022, ("Effective Date") by and between the City of Santa Clara, a chartered California municipal corporation ("City"), and Habitat for Humanity East Bay/Silic.on Valley, Inc., a California Non-Profit Corporation ("Developer''). City and Developer may be referred to individually as a "Party" or collectively as the "Parties " or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Exclusive Negotiating Rights Agreement" dated April 9, 2019 and fully executed on June 17, 2019 (the "Original Agreement").
B. The Parties previously entered into an agreement entitled "Amendment No. 1 to the Exclusive Negotiating Rights Agreement" dated December 17, 2020· (First Amendment). ·
C. The Parties previously entered into an agreement entitled "Amendment No. 2 to the Exclusive Negotiating Rights Agreement" dated July 12, 2021 (Second Amendment) .
D. The Parties previously entered into an agreement entitled "Amendment . No. 3 to the Exclusive Negotiating Rights Agreement" dated December 20, 2021 (Third Amendment). ·
E. The City is the owner of a .69-acre parcel of real property in the City of Santa Clara located at 3575 De La Cruz Boulevard (APN 101-15-049) (the "Property "). The Developer has proposed to develop the Property with 15 units of affordable ownership housing, including mixed-income townhomes and flats (the "Project "). The entire project is proposed to be affordable to households with income between 50% and 120% of Area Median Income (AMI). ·
F. The Original Agreement established procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the "DOA") pursuant to which the Developer will conduct specified development activities related to the Property.
G. The Original Agreement provided a Negotiating Period of 18 months, which expired on December 17, 2020.
H. The First Amendment to Agreement provided a six (6) month extension which expired on June 17, 2021.
Amendment No. 4 to Habitat ENA Page I of4
I. The Second Amendment to Agreement provided a six (6) month extension which expired on December 30, 2021.
J. The Third Amendment to Agreement provided a six (6) month extension which expired on June 30, 2022.
K. This Fourth Amendment to Agreement provides a six (6) month extension which is set to expire on December 30, 2022.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Second Amendment Agreement, entitled "Negotiating Period," is hereby deleted and replaced in its entirety to read as follows:
"2. Negotiating Period. The negotiating period (the "Negotiating Period") under this Agreement shall be eighteen (18) months, commencing on the date this Agreement is fufly executed, for an initial Negotiating Period of June 17, 2019 to December 17, 2020.
The parties mutually agreed to exterid the negotiating period for six (6) months, commencing on December 17, 2020 and terminating at 11 :59 p.rn. on June 17, 2021. The partie·s mutually agreed to a second extension of the negotiating period. for six (6) months, terminating at 11 :59 p.m. on December 30, 2021. The parties mutually agreed to a third extension of the negotiating period for six (6) months, commencing on December 30, 2021 and terminating at 11 :59 p.m. on June 30, 2022. The parties have mutually agreed to a fourth extension of the negotiating period for six (6) months, commencing on July 1, 2022 and terminating at 11 :59 p.m. on December 30th, 2022. This date may be extended for a period of an additional six (6) months upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. Granting of such extension shall be at the discretion of the City Manager" and shall only be effective upon the execution of an amendment to this agreement.
If a DOA has not been executed by the City and the Developer (or its affiliate) by December 30, 2022, and no additional extension has been approved through an additional amendment to this Agreement, then this Agreement shall terminate and no party shall have any further rights or obligations under this Agreement, except as set forth in Section 4 and Section 11. If a ODA is executed by the City and the Developer (or its affiliate), then, upon such execution, this Agreement shall terminate, and all rights and obligations of the Parties shall be as set forth in the executed DOA."
Amendment No. 4 to Habitat ENA Page 2 of4
2. Except as set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, or this Amendment No. 4, the provisions of this Amendment No. 4 shall control.
3. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Amendment No. 4 to Habitat ENA Page 3 of 4
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
ApprJ-s to Form :
Office of the City Attorney .
City of Santa Clara
Dated:
f
"CITY "
Ra·~ v Batra
Cit Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615 -2210
Fax : (408) 241-6771
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Amendment No. 4 to Habitat ENA
Dated: IO f OS-/ 2...02..2-
By· ~-
-~ ENSEN
President & CEO
2619 Broadway
Oakland, CA 94612
jjensen@HabitatEBSV .org
Telephone: (510) 251 -6304
Fax : (510) 251-6309
"DEVELOPER"
DocuSign Envelope ID: 84093AF0-1A26-4EF4-AC5E-E982D9EDDCC7 AMENDMENT NO. 5
TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
PREAMBLE
This agreement ("Amendment No. 5") is entered into on this 6~ day of Dtt~~ 2022, ("Effective Date") by and between the City of Santa Clara, a chartered California municipal corporation ("City"), and Habitat for Humanity East Bay/Silicon Valley, Inc., a California Non-Profit Corporation ("Developer"). City and Developer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A The Parties previously entered into an agreement entitled "Exclusive Negotiating Rights Agreement" dated April 9, 2019 and fully executed on June 17, 2019 (the "Original Agreement").
B. The Parties previously entered into an agreement entitled "Amendment No. 1 to the Exclusive Nego\iating Rights Agreement" dated December 17, 2020 (First Amendment).
C. The Parties previously entered into an agreement entitled "Amendment No. 2 to the Exclusive Negotiating Rights Agreement" dated July 12, 2021 (Second Amendment).
D. The Parties previously entered into an agreement entitled "Amendment No. 3 to the Exclusive Negotiating Rights Agreement" dated December 20, 2021 (Third Amendment) .
E. The Parties previously entered into an agreement entitled "Amendment No. 4 to the Exclusive Negotiating Rights Agreement" dated October 11, 2022 (Fourth Amendment).
F. The City is the owner of a .69-acre parcel of real property in the City of Santa Clara located at 3575 De La.Cruz Boulevard (APN 101-15-049) (the "Property"). The Developer has proposed to develop the Property with 15 units of affordable ownership housing, including mixed-income townhomes and flats (the "Project"). The entire project is proposed to be affordable to households with income between 50% and 120% of Area Median Income (AMI).
G. The Original Agreement established procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the "DOA") pursuant to which the Developer will conduct specified development activities related to the Property.
H. The Original Agreement provided a Negotiating Period of 18 months, which expired on December 17, 2020 . .
Amendment No. 5 to Habitat ENA Page 1 of4
DocuSign Envelope ID: 84093AF0-1A26-4EF4-AC5E-E9B2D9EDDCC7 I. The First Amendment to Agreement provided a six (6) month extension which expired on June 17, 2021.
J. The Second Amendment to Agreement provided a six (6) month extension which expired on December 30, 2021.
K. The Third Amendment to Agreement provided a six (6) month extension which expired on June 30, 2022.
L. The Fourth Amendment to Agreement provided a six (6) month extension which will expire on December 30, 2022.
M. This Fifth Amendment to Agreement provides a six (6) month extension which is set to expire on June 30, 2023.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Fourth Amendment Agreement, entitled "Negotiating Period," is hereby deleted and replaced in its entirety to read as follows:
"2. Negotiating Period. The negotiating period (the "Negotiating Period") under this Agreement shall be six (6) months, commencing on the date this Agreement is fully executed, for a Negotiating Period of December 30, 2022 through June 30, 2023. The parties mutually agreed to extend the negotiating period for six (6) months, commencing on December 17, 2020 and terminating at 11 :59 p.m. on June 17, 2021. The parties mutually agreed to a second extension of the negotiating period for six (6) months, terminating at 11 :59 p.m. on December 30, 2021. The parties mutually agreed to a third extension of the negotiating period for six (6) months, terminating at 11 :59 p.m. on June 30, 2022. The parties mutually agreed to a fourth extension of the negotiating period for six (6) months, terminating at 11 :59 p.m. on December 30, 2022. The parties mutually agree to this fifth extension of the negotiating period for six (6) months, commencing on December 30, 2022 and terminating at 11 :59 p.m. on June 30, 2023. This date may be extended for a period of an additional six (6) months upon presentation of a written request from the Developer together with a schedule of tasks to be accomplished during the additional period. Granting of such extension shall be at the discretion of the City Manager and shall only be effective upon the execution of an amendment to this agreement.
If a DOA has not been executed by the City and the Developer (or its affiliate) by June 30, 2023, and no additional extension has been approved through an additional amendment to this Agreement, then this Agreement shall terminate and no party shall have any further Amendment No. 5 to Habitat ENA Page 2 of4
· DocuSign Envelope ID: 84093AF0-1A26-4EF4-AC5E-E9B2D9EDDCC7 rights or obligations under this Agreement, except as set forth in Section 4 and Section 11. If a DOA is executed by the City and the Developer (or its affiliate), then, upon such execution, this Agreement shall terminate, and all rights and obligations of the Parties shall be as set forth in the executed DOA"
2. Except as set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, or this Amendment No. 5, the provisions of this Amendment No. 5 shall control.
3. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Amendment No. 5 to Habitat ENA Page 3 of 4
DocuSign Envelope ID: 84093AF0-1A26-4EF4-AC5E -E9B2D9EDDCC7 The Parties acknowledge and accept the terms and conditions of this Amendment No. 5 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated: _ __._.3~ lw,.,......,._,_+-'=/c)(, ......... ?..3:'-=-3 _ _ _ (f/j/
Office of the City Attorney
City of Santa Clara
"CITY"
1 ·ce of the City Man
C y Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Amendment No. 5 to Habitat ENA
Dated: J, /\3/2 02..:)
By:,~
J JENSEN
President & CEO
2619 Broadway
Oakland, CA 94612
[email protected]
Telephone: (510) 251-6304
Fax: (510) 251-6309
"DEVELOPER"
DocuSign Envelope ID: 72100BF9-A646 -4EB7-AD75-D8325417D098 AMENDMENT NO. 6
TO THE EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT BETWEEN
THE CITY OF SANTA CLARA, CALIFORNIA
AND HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC;
PREAMBLE
This agreement ("Amendment No. 6") is entered into on this .21-..µ..day of J,.u, f..- , 2023, ("Effective Date") by and between the City of Santa Clara, a chartered California municipal corporation ("City"), and Habitat for Humanity East Bay/Silicon Valley, Inc., a California Non-Profit Corporation ("Developer"). City and Developer may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The City is the owner of a .69-acre parcel of real property in the City of Santa Clara located at 3575 De La Cruz Boulevard (APN 101-15-049) (the "Property"). The Developer has proposed to develop the Property with 15 units of affordable ownership housing, including mixed-income townhomes and flats (the "Project"). The entire project is proposed to be affordable to households with income between 50% and 120% of Area Median Income (AMI).
B. The Parties previously entered into an agreement entitled "Exclusive • Negotiating Rights Agreement" dated April 9, 2019 and fully executed on June 17, 2019 (the "Original Agreement"). The Original Agreement provided a Negotiating Period of 18 months, which expired on December 17, 2020 .
C. The Original Agreement established procedures and standards for the negotiation by the City and the Developer of a Disposition and Development Agreement (the "DOA") pursuant to which the Developer will conduct specified development activities related to the Property.
D. The Parties previously entered into an agreement entitled "Amendment No. 1 to the Exclusive Negotiating Rights Agreement" dated December 17, 2020 (First Amendment). The First Amendment to Agreement provided a six (6) month extension which expired on June 17, 2021.
E. The Parties previously entered into an agreement entitled "Amendment No. 2 to the Exclusive Negotiating Rights Agreement" dated July 12, 2021 (Second Amendment). The Second Amendment to Agreement provided a six (6) month extension which expired on December 30, 2021.
F. The Parties previously entered into an agreement entitled !'Amendment No. 3 to the Exclusive Negotiating Rights Agreement" dated December 20, 2021 (Third Amendment). The Third Amendment to Agreement provided a six (6) month extension which expired on June 30, 2022.
Amendment No. 6 to Habitat ENA Pagel of4
DocuSign Envelope ID: 72100BF9-A646-4EB7-AD75-D8325417D098 G. The Parties previously entered into an agreement entitled "Amendment No. 4 to the Exclusive Negotiating Rights Agreement" dated October 11, 2022 (Fourth Amendment). The Fourth Amendment to Agreement provided a six (6) month extension which expired on December 30, 2022.
H. The Parties previously entered into an agreement entitled "Amendment No. 5 to the Exclusive Negotiating Rights Agreement" dated March 20, 2023 (Fifth Amendment). The Fifth Amendment to Agreement provided a six (6) month extension which expired on June 30, 2023.
I. Developer has requested an extension of an ENA in order to complete certain tasks before a disposition and development agreement can be presented to the City Council. This Sixth Amendment to Agreement provides a six (6) month extension which is set to expire on December 30, 2023.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Fifth Amendment Agreement, entitled "Negotiating Period," is hereby deleted and replaced in its entirety to read as follows:
"2. Negotiating Period. The negotiating period (the "Negotiating Period") under this Agreement shall be six (6) months, commencing on the date this Agreement is fully executed, for a Negotiating Period of July 1, 2023 through December 30, 2023. The parties mutually agreed to extend the negotiating period for six (6) months, commencing on December 17, 2020 and terminating at 11 :59 p.m. on June 17, 2021. The parties mutually agreed to a second extension of the negotiating period for six (6) months, terminating at 11 :59 p.m. on December 30, 2021. The parties mutually agreed to a third extension of the negotiating period for six (6) months, terminating at 11 :59 p.m. on June 30, 2022. The parties mutually agreed to a fourth extension of the negotiating period for six (6) months, terminating at 11 :59 p.m. on December 30, 2022. The parties mutually agreed to a fifth extension of the negotiating period for six (6) months, commencing on December 30, 2022 and terminating at 11 :59 p.m. on June 30, 2023. The parties mutually agree to this sixth extension of the negotiating period for six (6) months, commencing on July 1, 2023 and terminating at 11 :59 p.m. on December 30, 2023.
If a ODA has not been executed by the City and the Developer (or its affiliate) by December 30, 2023, and no additional extension has been approved through an additional amendment to this Agreement, then this Agreement shall terminate and no party shall have any further rights or obligations under this Agreement, except as set forth in Section 4 and Section 11. If a DOA is executed by the City and the Amendment No. 6 to Habitat ENA Page 2 of4
DocuSign Envelope ID: 72100BF9-A646-4EB7-AD75-D8325417O098 Developer (or its affiliate), then, upon such execution, this Agreement shall terminate, and all rights and obligations of the Parties shall be as set forth in the executed DOA."
2. Except as set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. In case of a conflict in the terms of the Original Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, or this Amendment No. 6, the provisions of this Amendment No. 6 shall control.
3. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
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Amendment No. 6 to Habitat ENA Page 3 of 4
DocuSign Envelope ID: 72100BF 9-A646-4EB7-AD75-D8325417D098 The Parties acknowledge and accept the terms and conditions of this Amendment No. 6 as evidenced by the following signatures of their duly authorized representatives.
Glen R. Googins
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: &/ ,z_7 / 2-_:3
~~
,.___ Jovan Grogan
"CITY "
City Manager
1500 Warburton Avenue
Santa Clara , CA 95050
Telephone: (408) 615-2210
Fax: (408)'241-6771
HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC.
a California non-profit corporation
Amendme nt No. 6 to Habitat ENA
Dated: 6/1 9/20 23
By: Q::':;:su.,,
JANter Ejtf!.l'§EN
President & CEO
2619 Broadway
Oakland , CA 94612
[email protected]
Telephone: (510) 251-6304
Fax : (510) 251-6309
"DEVELOPER "
-
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1453 Agenda Date: 12/12/2023
REPORT TO COUNCIL
SUBJECT
Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at Various Locations
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Section 1310 of the Santa Clara City Charter (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.” In 2014, Silicon Valley Power (SVP) developed a position called Fiber Splicing Technician as an in- house position to primarily perform maintenance and repairs to meet the performance standards of fiber customers, which includes City departments and commercial customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning, and positioning fiber optic equipment for new connections to the fiber network. Fiber Splicing Technicians also perform fusion splicing at building entrances and in maintenance spaces. Currently, SVP employs two Fiber Splicing Technicians.
DISCUSSION
Currently, the SVP fiber optic network serves SVP, other City departments, and various commercial customers. The Fiber Splicer Technician performs a variety of specialized activities from maintenance and repair to new or re-spliced interconnections to the SVP Fiber Enterprise. Each interconnection can be unique involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network. Technician time is tracked hourly and not on a per fiber basis.
Large or extensive projects involving extending fiber cable being laid along new paths or significant distances or adding conduit or related infrastructure are performed by a construction contractor through a public works contract. SVP spends up to $1 million per year on these public works contracts.
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Staff believes that the work described below is better performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining and repairing the fiber optic system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings.
Therefore, staff recommends that the City Council declare and determine that City forces can better perform the following fiber optic projects and approve the use of City forces for such projects:
Estimate Number: FWM#1538
Location: 2201 Laurelwood Road
Type of Service: Fiber
Description of Work: Air-Blow, splice, terminate, and test fiber for customer.
Estimated Cost: $31,963
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development, Design & Expansion
Source of Revenue: Developer Contribution
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 (d) (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations, as the proposed work involves the construction or installation of a limited number of small fiber utility facilities.
FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $31,963, are included in the Fiscal Year 2023/24 Budget, Fiber Development, Design, and Expansion project in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and
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2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2201 Laurelwood Road are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of this public work consistent with this authorization.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1062 Agenda Date: 12/12/2023
REPORT TO COUNCIL
SUBJECT
Action on 2024 Legislative Advocacy Positions
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On October 9, 2018, Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy (Attachment 1). The purpose of the LAP Policy is to establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, State, and federal levels of government and to provide guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues. The LAP Policy requires Council to adopt or update the LAPs at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed below:
· Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara
· Protect local revenue sources and prevent unfunded mandates · Protect and/or increase funding for specific programs and services · Protect and/or increase local government discretion
· Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan
Staff is presenting eleven (11) 2024 LAPs (Attachment 2) for the Council’s consideration and adoption. If approved, staff and the City’s legislative consultant, Townsend Public Affairs, LLC (Townsend), will use these LAPs to track, monitor and advocate for legislation that is consistent with the City’s outlined priorities and provide quarterly legislative updates to the Council on those efforts as required by the LAP Policy.
DISCUSSION
In October 2023, Townsend conducted legislative briefings with staff and Councilmembers to provide updates on current State and federal legislative activity and to identify legislative priorities for 2024.
The proposed 2024 LAPs reflect Council and departments’ feedback and will provide guidance during a legislative year that is anticipated to be busy with policy changes and new opportunities for local government.
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on key policy issues. Key updates for the 2024 LAPs are summarized below:
Broadband, Cable Services, and Wireless Telecommunications Facilities The wireless telecommunications industry has made efforts to limit or preempt local control over placement of wireless facilities and supporting structures in and outside the rights-of-way. Over the past several years, actions by federal and State lawmakers have resulted in the adoption of regulations and orders controlling local authority over placement of wireless facilities, including the adoption of “shot clocks” requiring local agencies to complete review of projects within a specified time period.
Additionally, through the Federal Communications Commission’s proposed rulemaking, there have been efforts in recent years to address whether local franchising authorities (LFAs) can regulate incumbent cable operators and cable television services. The City has its own government access channel (Santa Clara City Television on Comcast cable channel 15 and AT&T U-verse 99), which may be negatively impacted by such rulings and similar legislation and activities. Santa Clara City Television is used to provide important information to the public, such as live and recorded airings of Council meetings, City special events, programs, and public service announcements.
Recommended Updates
: Staff recommends updating this LAP to expand existing position statements to include supporting efforts to increase access to broadband to address the digital equity divide and supporting efforts to both retain and expand local control of permitting wireless telecommunications and non-cable services facilities in the public right of way.
Community Services
The City of Santa Clara offers a wide range of community services through Santa Clara City library, parks and recreational facilities, and in partnership with community organizations and non-profits.
The Santa Clara City Library is a dynamic community hub that provides access to information, literacy resources, educational programming, and civic engagement opportunities for the Santa Clara community. Through its three branches at Central Park Library, Northside Branch Library, and Mission Branch Library and the Bookmobile, Santa Clara City Library delivers high quality, efficient services in collections, technology and information access, literacy and English as a Second Language (ESL), programming, community partnerships, and facilities. The City’s Parks and Recreation Department provides planning, development, operation, maintenance, and rehabilitation of the City's twenty-seven (27) neighborhood parks, thirteen (13) mini parks, two (2) community parks, three (3) open space sites, ten (10) recreation buildings, four (4) trails, eleven (11) joint use facilities, and eleven (11) bodies of water at five sites. Facilities include community centers, neighborhood park buildings, community gardens, playgrounds, pools, restrooms, picnic areas, turf, trees, vegetation, athletic fields, and joint use facilities. The Department also assists the public with facility rentals, community services, cultural programs, special events, enhanced natural environments, fitness and wellness programs, as well as sports and aquatics opportunities.
Recommended Updates
: Staff recommends updating this LAP to include position statements to support funding and efforts to provide resource and recreational services for unhoused individuals and resources for training staff who come in contact with vulnerable populations and support the California Library Association’s positions on priority legislation that benefits Santa Clara. Staff also recommends moving an existing position statement from the Emergency Management LAP related to supporting funding and resources to provide free meals to students to this LAP and expanding it to include education opportunities.
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Emergency Management
As exemplified by the COVID-19 Pandemic and recent all-hazard emergencies, emergency preparedness and management are essential to the City’s ability to effectively respond and provide continued services to the community. In the event of any all-hazard emergency, the City will closely monitor County, State and federal orders, guidance and legislation to see how they apply to Santa Clara, advocate for regional, State, and federal resources and funding to provide as needed assistance to individuals and businesses that have been negatively impacted, and focus on economic recovery.
Recommended Updates
: Staff recommends updating the Emergency Management LAP to further focus on general emergency management which will allow the City to advocate for legislation items that benefit the Santa Clara community in the case of any future emergencies. Staff recommends updating this LAP to delete and/or move position statements that were specific to the Covid-19 Pandemic and add position statements to support legislation efforts and funding for emergency management infrastructure, oppose efforts to reduce local jurisdictions’ autonomy as it relates to disaster recovery and management, and monitor homeowner and renters’ insurance efforts and legislation, and advocate for reasonable, affordable, and accessible programs for Santa Clara residents.
Energy Legislation, Regulations and Issues
The City’s electric utility, Silicon Valley Power (SVP), has a mission to be a progressive, service- oriented utility, offering reliable, competitively priced services for the benefit of Santa Clara and its customers. Additionally, SVP has an adopted Strategic Plan that is intended to address the challenges facing the utility over a ten-year period. This LAP works to further the objectives outlined in the Strategic Plan and complements the other LAPs adopted by the City.
Recommended Updates
: Staff recommends updating the LAP to include minor edits that reflect Councilmember(s)’ feedback such as adding the example of CEQA streamlining to facilitate energy generation and transmission infrastructure expansion as something the City would support.
Housing
The City is committed to being a leader at the local level in providing affordable housing, as well as making a fair share contribution to the overall need for housing production within Silicon Valley, and will continue to proactively take concrete steps to realize new housing production within the City.
Santa Clara is also prepared to participate in broader regional efforts that are collaborative, recognize the unique characteristics of local jurisdictions, and provide opportunities for local representation. The City is monitoring potential measures imposed at the State or regional level that can reduce local control, recognizing that in some instances such measures can be necessary or helpful to advance common goals across multiple jurisdictions, but also recognizing that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of consideration of localized circumstances.
Recommended Updates
: Staff recommends expanding and/or making clarifications to a number of existing position statements within the LAP related to supporting increased access to resources, collaborating with stakeholders to leverage available resources and bring in new funding streams for the housing system, opposing efforts to reduce funding for federal programs, and including a new position statement to monitor legislation related to the facilitation/streamlining of housing in Industrial City of Santa Clara Printed on 12/8/2023Page 3 of 6
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Zoning districts or General Plan designations that would further reduce local discretion on such projects.
Human Resources and Public Sector Employment
The City of Santa Clara provides a myriad of services to the community, including police, fire, public works, electric utility, planning, parks and recreation, and library services. The City employs over 1,100 part-time/seasonal and full-time employees that provide these and other services to the community. These services provide opportunities and careers for all types of interests, and the City should endeavor to leverage the rewards and benefits that come with working for the City.
Recommended Updates
: Staff recommends updating the LAP to include a position statement related to monitoring efforts to regulate the use of artificial intelligence by public agencies to reflect Councilmember(s)’ feedback
Public Safety
As a City that is consistently named one of the safest cities in the country, Santa Clara is committed to promoting a living and working environment that allows for the best quality of life. The City believes that crime prevention and enforcement efforts are integral to creating and maintaining a safe environment for residents and visitors. At the same time, the City recognizes that crime prevention and enforcement efforts alone cannot foster community safety and wellness; education, intervention and prevention efforts on various public safety topics, such as gun violence, gang activity, alcohol and tobacco use, driver and bicycle safety, and driving under the influence, are equally important.
Additionally, as the State and region continues to experience civil unrest and an unprecedented number of natural and man-made disasters, the City recognizes the importance of a comprehensive risk management approach to emergency preparedness.
Recommended Updates
: Staff recommends updating this LAP to include position statements to support legislation that promotes third-party communication and translation resources and professional development resources among First Responders to increase the number of multi-lingual professionals and enhance written communication tools to the public, support legislation and efforts that aim to provide public safety resources that will be used and implemented to ensure safe and successful major events throughout the City, and monitor the California Police Chiefs Association positions on legislation and advocate for those that benefit Santa Clara and align with the League of California Cities’ position.
Regional Issues and Collaboration
While the City of Santa Clara is unique in many ways, it experiences many of the same issues as other cities in the region. As described in other LAPs, the City works closely with other jurisdictions to address a variety of issues that impact residents and businesses in the San Francisco Bay Area, such as affordable housing, transportation, water conservation, and airplane noise. The City recognizes the importance of regional collaboration and participates in various regional organizations to not only advance the City’s goals but to contribute to regional work efforts.
Recommended Updates
: Staff recommends updating this LAP to expand an existing position statement on water conservation efforts, and include a new position statement to support regional, State, and federal funding and resources that will assist the City, Santa Clara Stadium Authority, and City of Santa Clara Printed on 12/8/2023Page 4 of 6
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greater San Francisco Bay Area with hosting upcoming major events at Levi’s Stadium.
Sustainability and Environmental Protection
The City of Santa Clara is committed to creating a sustainable city for its residents and businesses.
The City strives to conduct its operations in a way that is environmentally conscious and promotes sustainability. The City is dedicated to collaborating with regional stakeholders to improve the air quality, water quality, and overall environmental quality of life for the residents and businesses of the City. Interest in sustainability and environmental issues, at both the State and federal levels, will likely continue to result in new legislation and regulation changes that could significantly impact the City.
Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation and regulations align with the City’s interests in providing sustainable services to its residents and businesses.
Recommended Updates
: Staff recommends updating this LAP to include a new position to oppose legislation and regulatory efforts that create new reporting requirements that may be duplicative and resource intensive for local jurisdictions.
Transportation Issues
The City of Santa Clara believes that a robust transportation network, and related infrastructure, is a critical element to a successful and thriving community. The City works with the federal government, State government, and regional stakeholders to ensure that residents and businesses have access to traditional modes of transportation and promote alternative modes that would alleviate traffic congestion and pollution. Additionally, it is important for the City’s transportation network to continue to evolve to best serve the future needs of the community.
Recommended Updates
: The LAP in its current form is sufficient for advocacy purposes so no updates were recommended.
Water Supply and Conservation
The City of Santa Clara operates 19 wells that tap the underground aquifers and make up about 62% of the City's potable water supply. The underground aquifers are replenished from local reservoirs by the Santa Clara Valley Water District (SCVWD) water recharge program. The remaining water is supplied by water imported from the SCVWD and the San Francisco Public Utilities Commission (SFPUC) through the Hetch-Hetchy Reservoir.
For certain approved non-potable uses, recycled water from the San Jose/Santa Clara Regional Wastewater Facility's South Bay Water Recycling (SBWR) facility is used. This highly treated water delivered through separate pipelines makes up about 19% of the water sales in the City. Recycled water offsets the use of potable sources in drought-prone California and is a reliable source for conservation of potable sources. The City continues to work closely with SBWR in order to increase recycled water supplies in order to meet existing demands within the City.
Recommended Updates
: The LAP reflects edits to an existing position related to water conservation based on Councilmember(s)’ feedback and staff’s recommendation to include a position statement on supporting regional partners and wholesale water providers to ensure water supply reliability by protecting against water right curtailments.
ENVIRONMENTAL REVIEW
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The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There are no costs associated with this report except for staff time.
The City has an existing agreement with Townsend Public Affairs for State and federal legislative advocacy services, which includes conducting detailed orientations and developing and implementing a legislative strategy as part of the City’s monthly retainer.
COORDINATION
This report was coordinated with the City Attorney’s Office. The LAPs were coordinated with Townsend, Silicon Valley Power, and the Community Development, Fire, Human Resources, Library, Parks and Recreation, Police, Public Works, and Water and Sewer Utilities Departments.
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]> .
RECOMMENDATION
Adopt the amended 2024 Legislative Advocacy Positions on Broadband, Cable Services, and Wireless Telecommunications Facilities; Community Services; Emergency Management; Energy Legislation, Regulations and Issues; Housing; Human Resources and Public Sector Employment; Public Safety; Regional Issues and Collaboration; Sustainability and Environmental Protection; Transportation Issues; and Water Supply and Conservation in the form presented.
Prepared by: Christine Jung, Assistant to the City Manager Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Legislative Advocacy Position Policy
2. 2024 Legislative Advocacy Positions - Clean
3. 2024 Legislative Advocacy Positions - Redline
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City of Santa Clara
Policy and Procedure Manual
LEGISLATIVE ADVOCACY POSITION POLICY
PURPOSE To establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and nati
onal boards, committees, and commissions
when they are asked to review public policy matters and issues.
POLICY To attain a comprehensive review of legislation affecting cities, to obtain the Council position on proposed legislation, to make the City’s position known, and to maintain a record of pertinent information, the following guidelines shall be followed.
All legislative reviews are to be made on the basis of the effect on the City and citizens as a whole, and taking into account existing City posi tions, policies, or goals, rather than on the individual’s personal feelings.
The guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara. • Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s St atement of Values, the General Plan, or the Climate Action Plan.
Annually, Legislative Advocacy Positions ( LAP) shall be adopted or updated by the City Council at the beginning of the calendar year to identify specific legislative priorities outside of the legislative guiding principles listed above and posted on the City’s website.
PROCEDURE
FOR
EVALUATING
AND
SUPPORTING
LEGISLATIVE
ADVOCACY
Legislation and issues of interest are brought to the City’s attention through several means: the League of Cali
fornia Cities, the National League of
Cities, the Cities Association of Santa Clara County, Council Members, city staff, citizens, and professional or governmental organizations and legislators. All legislation or issues of interest are to be referred to the City Manager’s Office.
1. City Manager’s Office (CMO) reviews the proposed legislation and, if warrants, requests assistance from one or more departments.
Adopted 10/9/2018
Resolution No. 18-8611
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City of
Santa Clara
The Center of What's Possible
LEGISLATIVE ADVOCACY POSITION POLICY (cont.)
2. CMO/Department evaluates the bill for its impact upon Santa Clara, recommends a position and potential action, and drafts a position statement or support/opposition letter.
3. If Council has previously adopted a policy directly relevant to the legislation or the proposed legislation is generally consistent with the City’s overall guiding principles for legislative advocacy or LAP, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the city as further detailed below.
4. If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.
5. Letters and other communications expressing the City’s position on legislation will customarily bear the signature of the Mayor in accordance with City Charter Section 704.2 – 704.3. If the legislation’s principal impact affects the City’s operation, the communication may be signed by the City Manager.
6. In order to keep the Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items in the Council Meeting Agendas.
7. Staff will provide and/or coordinate quarterly legislative updates on public policy items of interest to Council and departments.
Adopted 10/9/2018
Resolution No. 18-8611
P&P 052 Page 2 of 2
RESOLUTION NO. 18-8611
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING A LEGISLATIVE ADOVACY POSITION POLICY AND
RESCINDING COUNCIL POLICY 018 POSITION ON NON-CITY
RELATED ISSUES
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, establishing a Legislative Advocacy Position Policy will provide guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government; and,
WHEREAS, establishing a Legislative Advocacy Position Policy will provide guidance for City officials who serve on regional, state, and national boards, committees, and commission when they are asked to review public policy matters and issues; and, WHEREAS, the Legislative Advocacy Position Policy, attached hereto as Attachment 1, will expedite and streamline the City of Santa Clara's legislative advocacy processes.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the Legislative Advocacy Position Policy, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.
2. That Council Policy 018 Position on Non-City-Related Issues is hereby rescinded.
II
II
II
II
II
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Resolution/Adoption of Legislative Advocacy Position Policy Rev: 11 /22/17
3. Effective date . This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 9th DAY OF OCTOBER, 2018, BY THE FOLLOWING VOTE:
AYES : COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS :
ABSTAINED : COUNCILORS :
Attachments incorporated by reference:
1. Legislative Advocacy Position Policy
Davis, Kolstad, Mahan, O'Neill, and Watanabe and
Mayor Gillmor
None
None
None
JENNIFER YAMAGUMA
ACTING CITY CLERK
CITY OF SANTA CLARA
Resolution/Adoption of Legislative Advocacy Position Policy Rev: 11 /22/17
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
BROADBAND, CABLE SERVICES, AND WIRELESS TELECOMMUNICATIONS FACILITIES Overview
The wireless telecommunications industry has made efforts to limit or preempt local control over placement of wireless facilities and supporting structures in and outside the rights of way. Over the past several years, actions by federal and state lawmakers have resulted in the adoption of regulations and orders controlling local authority over placement of wireless facilities, including the adoption of “shot clocks” requiring local agencies to complete review of projects within a specified time period.
Additionally, through the Federal Communications Commission’s proposed rulemaking, there have been efforts in recent years to address whether local franchising authorities (LFAs) can regulate incumbent cable operators and cable television services. The City has its own government access channel (Santa Clara City Television on Comcast cable channel 15 and AT&T U-verse 99), which may be negatively impacted by such rulings and similar legislation and activities. Santa Clara City Television is used to provide important information to the public, such as live and recorded airings of Council meetings, City special events, programs, and public service announcements.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
The City believes that it should maintain local authority over the placement of wireless telecommunications facilities, in order to ensure that a balance is reached between the infrastructure needs and the needs of the community. As such, the City:
• Supports efforts to increase access to broadband to address the digital equity divide, including in underserved urban communities, while ensuring the placement and installation of needed equipment does not undermine local permitting authority and does not pose an undue nuisance for residents.
• Supports efforts to retain and expand local control of permitting wireless telecommunications and non-cable services facilities in the public-right-of-way. • Supports legislation that provides opportunity for public input on the placement of wireless telecommunications facilities.
• Monitors legislation related to distributed energy generation via back-up power at wireless telecommunications facilities.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Oppose legislation and efforts to limit the amount of time, or scope, of local review of the placement of wireless facilities.
Legislative Advocacy Position
For City Council Consideration on December 12, 2023
COMMUNITY SERVICES
Overview
The City of Santa Clara offers a wide range of community services through Santa Clara City Library, parks and recreational facilities, and in partnership with community organizations and non-profits. The Santa Clara City Library is a dynamic community hub that provides access to information, literacy resources, educational programming, and civic engagement opportunities for the Santa Clara community. Through its three branches at Central Park Library, Northside Branch Library, and Mission Branch Library and the Bookmobile, Santa Clara City Library delivers high quality, efficient services in collections, technology and information access, literacy and English as a Second Language (ESL), programming, community partnerships, and facilities. The City’s Parks and Recreation Department provides planning, development, operation, maintenance, and rehabilitation of the City's twenty-seven (27) neighborhood parks, thirteen (13) mini parks, two (2) community parks, three (3) open space sites, ten (10) recreation buildings, four (4) trails, eleven (11) joint use facilities, and eleven (11) bodies of water at five sites. Facilities include community centers, neighborhood park buildings, community gardens, playgrounds, pools, restrooms, picnic areas, turf, trees, vegetation, athletic fields, and joint use facilities. The Department also assists the public with facility rentals, community services, cultural programs, special events, enhanced natural environments, fitness and wellness programs, as well as sports and aquatics opportunities.
Additionally, the City partners with community organizations and non-profits like Triton Museum of Art to provide the Santa Clara community with services such as free public access to art exhibitions and educational programs.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
With the goal of enhancing community sports and its recreational and arts assets, the City:
• Supports legislation and efforts that provide direct funding to cities based on needs, regardless of cities’ income level, for community services including staffing, infrastructure, and materials.
. r City of
· Santa Clara
The Center of What's Possible
Legislative Advocacy Position
For City Council Consideration on December 12, 2023
• Supports collaborative efforts between local water districts and local jurisdictions to address carbon sequestration and water retention to directly benefit parks and city facilities.
• Supports efforts to restore the nature environment specially through parks: revegetation, reforestation, urban forestry programs.
• Supports funding for accessibility improvements that support developmentally based play for all ages and abilities.
• Supports funding and efforts that enhance programs that serve low-income seniors.
• Support funding and efforts to provide resource and recreational services for unhoused individuals, as well as resources for training staff who come in contact with vulnerable populations.
• Supports California Library Association’s positions on priority legislation that benefits Santa Clara.
• Supports funding and efforts to promote early literacy, family literacy, and life-long learning.
• Supports legislation that promote equity, diversity, and inclusion-related staffing, collections, and programming.
• Supports funding and efforts to increase afterschool enrichment activities for students.
• Supports legislation, funding, and resources to offer wraparound services to vulnerable populations.
• Supports funding and efforts to provide programs and services that encourage sustainable practices in the community.
• Supports funding, additional resources, and additional staffing to provide outreach and mental health resources to communities that currently lack adequate access to these services.
• Support state and federal funding and resources to provide free meals and accompanying education opportunities to students.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
EMERGENCY MANAGEMENT
Overview
As exemplified by the COVID -19 Pandemic and recent all -hazard emergencies, emergency preparedness and management are essential to the City’s ability to effectively respond and provide continued services to the community. The City’s Office of Emergency Services maintains an Emergency Operations Center (EOC) in “response-ready” condition to serve as the City’s hub for emergency management activities in support of large-scale emergencies or planned events.
In the event of any all -hazard emergency, the City will closely monitor county, state and federal orders, guidance and legislation to see how they apply to Santa Clara, advocate for regional, state, and federal resources and funding to provide as needed assistance to individuals and businesses that have been negatively impacted, and focus on economic recovery.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities’ and National League of Cities’ positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to adequately prepare for and manage emergencies to protect the community, the City of Santa Clara:
• Supports efforts to provide direct relief funding to local jurisdictions, especially small and medium-sized cities, which can be utilized to mitigate, prepare, respond to, and recover from any all-hazard emergencies and emergent crises and threats, including offsetting lost revenue and reimbursing incurred costs.
• Supports the temporary suspension of certain time-specific statutory and meeting requirements and flexibility to adjust city services as needed to mitigate, prepare, respond to, and recover from any future all-hazard emergencies. • Supports federal and state efforts to help mitigate the economic impacts from all-hazard emergencies on the City and its’ businesses and residents. • Supports public health efforts and resources to help mitigate the spread of infectious disease, including providing access to personal protective equipment and encouraging residents to receive approved vaccinations.
• Supports legislative efforts and funding for mutual aid to assist with emergency operations and streamline reimbursement processes.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Supports legislation efforts and funding for emergency management infrastructure. • Oppose efforts to reduce local jurisdictions ’ autonomy as it relates to disaster recovery and management.
• Opposes efforts to shift responsibility, to the City, of programs that have traditionally been carried out, or funded, by federal, state, or county governments. • Monitor homeowner and renters’ insurance efforts and legislation, and advocate for reasonable, affordable, and accessible programs for Santa Clara residents.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
ENERGY LEGISLATION, REGULATIONS AND ISSUES
Overview
The City’s electric utility, Silicon Valley Power (SVP) has a mission to be a progressive, service- oriented utility, offering reliable, competitively priced services for the benefit of Santa Clara and its customers. Additionally, S VP has an adopted Strategic Plan that is intended to address the challenges facing the utility over a ten-year period. The Strategic Plan contains over thirty strategic initiatives in four distinct areas: Utility Performance Excellence; Customer Engagement and Satisfaction; Progress and Innovation Focus; and Community and Environmental Stewardship. The Legislative Advocacy Position works to further the objectives outlined in the Strategic Plan, and complements the other Legislative Advocacy Positions adopted by the City.
Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.
Legislative Advocacy Position
In order to ensure the City can provide safe, reliable, and affordable energy to ratepayers, while operating in an environmentally and fiscally conscious manner, the City will:
• Support policies that will help ensure that transmission level Public Safety Power Shut- offs (PSPS) events do not unnecessarily burden local communities that are dependent on investor owned utility (IOU) transmission infrastructure. • Support legislation that would provide local public agencies with financial resources to prepare for, and mitigate the impacts from, planned power outage events. • Support efforts to align wildfire-related liability with fault, safeguarding public utility customers against exorbitant rate increases when their utility acts prudently. • Support efforts to expand energy generation and transmission infrastructure, including CEQA streamlining, that will help the City meet the pace of decarbonization goals. • Support legislation and efforts to enhance funding for clean energy, energy storage, and transmission development.
• Support policies that recognize energy affordability and provide financial incentives or assistance to residents and businesses.
• Support legislation or regulatory efforts that would allow Tier 4 diesel generators or better to run to help support the grid during peak demand periods.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Monitor PG&E’s rate-making and regulatory activities to ensure it meets its obligations and agreements and advocate for changes that would mitigate adverse impacts to SVP and other publicly owned utilities (POUs).
• Monitor the development of new market initiatives from state and regional grid operator s which may result in new energy-related products and changes to electric grid operations.
Staff will advocate for changes that would benefit or protect SVP ratepayers. • Monitor and participate with federal, state and local governments and stakeholders in the development of new regulations and advocate for changes that enhance system reliability and mitigate operational and ratepayer impacts.
• Monitor and support transmission related activities focusing on enhancing the reliability and deliverability of clean energy resources and advocating for greater transparency and assurance that transmission access charges are allocated equitably between the various beneficiaries.
• Oppose legislation and efforts that limit the amount of time, or scope, of local review of energy-related developments within the City.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
HOUSING
Overview
The lack of affordable housing in the State and region continues to have an increasingly profound impact on the City of Santa Clara. In January 2022, Santa Clara County conducted its biennial Point-in-Time Count and found that there were over 10,028 individuals living on the streets, in shelters across the county, reflecting a more than 3% increase in the homeless population over a 3-year period. During the same period, homelessness increased in the City of Santa Clara by 35%. As c ities across the state struggle to address the growing affordable housing and homelessness crisis as housing prices continue to soar, housing continues to be a key legislative priority for the State Legislature and regional agencies.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
The City of Santa Clara is committed to being a leader at the local level in providing affordable housing, as well as making a fair share contribution to the overall need for housing production within Silicon Valley, and will continue to proactively take concrete steps to realize new housing production within the City. Santa Clara is also prepared to participate in broader regional efforts that are collaborative, recognize the unique characteristics of local jurisdictions , and provide opportunities for local representation.
The City is concerned about potential measures imposed at the State or regional level that reduce local control, recognizing that in some instances such measures can be necessary or helpful to advance common goals across multiple jurisdictions, but is also recognizing that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of consideration of localized circumstances.
In an effort to achieve these goals, the City will:
• Advocate for more regional, state and federal resources (e.g., funding, more housing vouchers, legal authority, technical s upport, streamlining administrative processes) to address local housing needs.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Support legislation that would establish additional ongoing funding streams for the construction, preservation, and operation of local affordable housing developments. • Support legislation and efforts that provide increased access to resources to address the needs of the most vulnerable residents through street outreach and assessment, case management services, capital and operating dollars for shelter, interim and transitional housing, supportive housing, extremely low -income affordable housing, and homelessness prevention services.
• Support legislation and efforts that provide resources for small to medium sized cities to plan and implement strategies that address the impacts of homelessness on public facilities and services.
• Support efforts to collaborate with the State, County, local jurisdictions, business sector, non-profit, and philanthropic partners to leverage available resources and bring in new funding streams to expand the reach of the interim and supportive housing system. • Support federal efforts to preserve and strengthen the low -income housing tax credit program and federal tax exemptions for private activity bonds. • Support legislation preserving and expanding, federal tax exemptions for state and local taxes, including state and local property, sales, and income taxes, and maintaining federal tax exemptions for mortgage interest payments on primary residences. • Support legislation that provides local jurisdictions with authority over land use decisions and fully incorporates the involvement of local community members and an understanding of the conditions unique to the community.
• Support efforts to streamline California Environmental Quality Act provisions to facilitate the production of affordable housing and reduce delays due to unmerited litigation. • Support provisions to allow school districts to effectively mitigate the impacts of new development, including the ability to consider increasing the allowable school mitigation fee level.
• Support efforts to increase and index school mitigation fee rates to more realistically reflect current school facility costs.
• Support legislation that aims to increase homeownership, particularly for first-time buyers and workforce housing, through down payment assistance, increasing the ability to borrow money, or through other forms of assistance.
• Oppose measures that reduce local control over land use and planning decisions and are punitive in nature towards local government.
• Oppose efforts to reduce local, state, and/or federal funding for affordable housing, rehabilitation of substandard housing, new park facilities, neighborhood improvements, and public services, such as public safety and emergency response. • Monitor legislation related to the zoning and development of housing in Very High Fire Hazard Severity Zones.
• Monitor legislation related to the facilitation/streamlining of housing in Industrial Zoning districts or General Plan designations, which would further reduce local discretion on such projects.
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For City Council Consideration on December 12, 2023
Legislative Advocacy Position
HUMAN RESOURCES AND PUBLIC SECTOR EMPLOYMENT
Overview
The City of Santa Clara provides a myriad of services to the community, including police, fire, public works, electric utility, planning, parks and recreation, and library services. The City employs over 1,100 part-time/seasonal and full-time employees that provide the and other services to the community. These services provide opportunities and careers for all types of interests, and the City should endeavor to leverage the rewards and benefits that come with working for the City.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to ensure that the City can compete with other local municipalities, and the private sector, to attract, hire and retain a talented workforce, the City:
• Supports efforts to preserve local government’s ability to manage its own employment issues, including, but not limited to, hiring, evaluating, disciplining, and negotiating collective bargaining agreements.
• Supports working with City bargaining units in finding solutions to address the service delivery needs of the community while being mindful of the City’s revenue and expenditures, and recruitment and retention of the City’s workforce. • Supports efforts to increase the long-term financial stability of CalPERS. • Supports federal and state efforts to create a more informed, engaged, and welcoming experience for immigrants.
• Supports comprehensive immigration reform which provides opportunities to achieve economic and educational success and contribute to our community. • Supports and increase in work visas allowing employers to hire foreign workers that require advanced technical skills, as well as support programs that stimulate the economy through job creation and capital investment by foreign investors. • Supports efforts that protect children, including undocumented children, with the continuation of the Deferred Action for Childhood Arrivals (DACA) Program and the Dream Act.
City of
Santa Clara
The Center of What's Possible
For City Council Consideration on December 12, 2023
• Monitor efforts to regulate the use of artificial intelligence by public agencies. • Opposes new federal or state unfunded mandates that would increase the City’s post- employment obligations.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
PUBLIC SAFETY
Overview
As a city that is consistently named one of the safest cities in the country, Santa Clara is committed to promoting a living and working environment that allows for the best quality of life.
The City believes that crime prevention and enforcement efforts are integral to creating and maintaining a safe environment for residents and visitors. At the same time, the City recognizes that crime prevention and enforcement efforts alone cannot foster community safety and wellness; education, intervention and prevention efforts on various public safety topics, such as gun violence, gang activity, alcohol and tobacco use, pedestrian, driver and bicycle safety, and driving under the influence, are equally important.
As the State and region continues to experience civil unrest and an unprecedented number of natural and man-made disasters, the City recognizes the importance of a comprehensive risk management approach to emergency preparedness.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to maintain public health and safety, and promote the best quality of life, the City will:
• Support legislation that seeks to impose stricter gun violence laws and/or requires the safe storage of unattended firearms, including background checks and training requirements for gun sales.
• Support legislation that toughens penalties for chronic criminals. • Support efforts to reduce the list of who can seek early parole and re-classify some theft crimes from misdemeanors to felonies by reforming Assembly Bill 109 (approved by the Legislature in 2011), Proposition 47 (approved by voters in 2014) and Proposition 57 (approved by voters in 2016).
• Support the expansion of the number of crimes where DNA is collected, a list that was limited when some crimes were reclassified from felonies to misdemeanors. • Support legislation that preserves, or expands, funding levels for public safety programs, services, reimbursement of administrative costs associated with grant implementation, record keeping and reporting, and equipment, such as the Edward Byrne Memorial Justice Assistance Grants.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Support initiatives that maintain existing tools/resources available to officers to respond to calls for service, enhance investigation resources, and aide in crime fighting while increasing officer and public safety.
• Support legislation that addresses crime trends and attempts to curb illegal activity, including but not limited to, illegal street racing and sideshow activity , thefts from automobile burglaries, and organized retail thefts, all of which are growing trends in our region.
• Support efforts to test speed enforcement cameras and corresponding legislation to mitigate traffic-related injuries and deaths.
• Support efforts to fund the towing of abandoned vehicles, including unoccupied recreational vehicles (RVs).
• Support legislation that identifies new funding sources for fire and law enforcement agencies to promote First Responder wellness and employee training. • Support legislation that recognizes the importance of a comprehensive risk management approach to emergency preparedness, fire prevention, fire suppression, and emergency medical services.
• Support legislation that provides funding for emergency preparedness, including community risk reduction strategies like community education programs (e.g., CERT, CPA), staff training, interagency cooperation, and enhanced equipment and technology. • Support legislation that expands the implementation and testing of emergency alert systems and emergency public information outreach.
• Support legislation that enhances public safety professionals’ ability to respond to all types of emergencies and communicate within and across jurisdictions. • Support measures that aim to return revenue generated from the enforcement of crimes back to the originating agency to sustain their efforts. • Support the local regulation of Unmanned Aircraft Systems (UAVs), including the right to authorize use of UAVs by public safety agencies and the right to restrict or prohibit UAV use that interferes with, or poses a threat to, emergency operations or public safety. • Support legislation that aims to assist individuals in crisis, including those who may be homeless, be the victim of human trafficking, domestic violence victims and survivors, and other vulnerable populations.
• Support legislation and efforts that recognizes the importance of developing a comprehensive preparedness strategy (e.g. mutual aid, unified command, interoperability, cyber disobedience, critical infrastructure, social media, etc.) to respond to civil unrest with input from emergency responders and allied stakeholders for local response. • Support more training and funding for law enforcement, and non-law enforcement, response to individuals experiencing mental health and substance abuse issues, including de-escalation training.
• Support legislation that promotes third-party communication and translation resources (e.g., sign language and/or foreign language training, document translation, etc.) as well as professional development resources among First Responders to increase the nu mber of multi-lingual professionals and enhance written communication tools to the public. • Support the i nclusion of stipends, reimbursement and/or allocation associated with new legislation that increases data collection and reporting, particularly when there is a need for specialized software or equipment to do so.
For City Council Consideration on December 12, 2023
• Support legislation and efforts that aim to provide public safety resources that will be used and implemented to ensure safe and successful major events throughout the City. • Monitor the California Police Chiefs Association positions on legislation and advocate for those that benefit Santa Clara and align with the League of California Cities’ position. • Oppose public safety legislation that imposes unfunded mandates on local agencies for new programs or increased service levels.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
REGIONAL ISSUES AND COLLABORATION
Overview
While the City of Santa Clara is unique in many ways, it experiences many of the same issues as other cities in the region . The City works closely with other jurisdictions to address a variety of issues that impact residents and businesses in the San Francisco Bay Area, such as affordable housing, transportation, water conservation, and airplane noise.
Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.
Legislative Advocacy Position
The City recognizes the importance of regional collaboration and, as such, the City:
• Contributes to, and supports the efforts of, regional organizations such as Santa Clara County Cities Association and Silicon Valley Economic Development Alliance to advance regional goals that benefit the San Francisco Bay Area/Silicon Valley. • Supports federal and state legislation to provide funding for regional solutions to problems, such as housing, homelessness, emergency management and response, water supply and resiliency, and transportation.
• Continues to support regional efforts to work with local agencies and federal representatives to mitigate the effects of aircraft noise. • Supports legislation that provides funding to assist with the mitigation of impacts from aircraft noise.
• Supports efforts to engage local public agencies and members of the community prior to any changes in flight paths, or airport operations that may impact surrounding areas. • Supports state and regional water conservation efforts as Santa Clara moves to adopting “Making Water Conservation a California Way of Life” regulations while advocating for state funding and technical assistance to limit impacts on rate payers. The City also supports efforts to work with local, state and federal partners to mitigate the effects future droughts on water supply reliability using a streamlined and flexible regulatory framework. • Supports efforts to mitigate supply chain and workforce issues across energy, water, transportation, development and maintenance sectors.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Supports regional, State, and federal funding and resources that will assist the City, Santa Clara Stadium Authority, and greater San Francisco Bay Area with hosting upcoming major events at Levi’s Stadium.
• Monitors regional issues and new legislation to ensure that they benefit the region and its residents.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
SUSTAINABILITY AND ENVIRONMENTAL PROTECTION
Overview
The City of Santa Clara is committed to creating a sustainable city for its residents and businesses. The City strives to conduct its operations in a way that is environmentally conscious and promotes sustainability. The City is dedicated to collaborating with regional stakeholders to improve the air quality, water quality, and overall environmental quality of life for the residents and businesses of the City.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
There continues to be a strong interest in sustainability and environmental issues at both the state and federal levels which will likely result in new legislation and regulatory changes that could significantly impact the City. Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation and regulations align with the City’s interests in providing sustainable services to its residents and businesses through the following:
• Support opportunities to further reform the California Environmental Quality Act process to match California’s very ambitious and accelerated goals related to sustainability and environmental protection, including Greenhouse Gas emissions reductions while protecting local land use authority.
• Support energy goals and policies that remain technology agnostic and commercially available, and oppose policies that choose specific technologies or energy procurement mandates that can lead to increased customer costs while discouraging innovation. • Support legislation that removes barriers to the electrification of buildings and transportation, as well as legislation that provides regulatory streamlining of reporting and other actions that preserve local decision-making authority. • S upport a comprehensive approach to climate policy that optimizes GHG reductions across multiple sectors (transportation, electricity, buildings, etc.). • Support funding opportunities and other financial incentives that facilitate the installation of electric vehicle charging infrastructure at multi-family housing complexes, schools, and other publicly accessible spaces.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Advocate for the flexibility to optimize the portfolio of GHG emiss ions reduction opportunities identified in the City’s Climate Action Plan and includes , but not limited to , new renewable energy and storage procurement, water conservation and energy efficiency, smart grid solutions, increase waste diversion, sustainable land use, increase tree canopy, building decarbonization, transportation electrification among other actions in the portfolio.
• Support efforts to streamline permitting and construction of compost and other facilities that enable jurisdictions to comply with SB 1383 and efforts to broaden procurement requirements for local jurisdiction to comply with SB 1383. • Support legislation and funding related to recycled water state, regional, and local efforts to reduce imported water supplies and supplant the use of potable water and preserve local groundwater supplies.
• Support legislation and regulatory efforts that aid the City’s Pretreatment Program, Fats, Oils & Grease (FOG) Inspection Program, and Operations and Maintenance of the sanitary sewer collections system.
• Support urban runoff pollution regulations, water conservation and recycling, and pollution controls that benefit the City.
• Support legislation and regulatory efforts that enable the City to collect fees to support the storm drain collection system.
• Support legislation, regulations , and funding to strengthen forest management and fire prevention activities and improve emergency preparedness and response. These include, but are not limited to, the modernization of vegetation and forest management practices for wildfire prevention and carbon sequestration and biomass production for energy, forest thinning, and other activities to improve the health of forests damaged by infestation of bark beetles, plant pathogens, drought, or other hazards that exponentially increase wildfire dangers.
• Support California Energy Commission (CEC) and California Public Utilities Commission (CPUC) efforts to accelerate building and transportation decarbonization through Title 24 Part 6 (CalGreen) code with consideration of cost effectiveness studies. • Support telework policies that reduce carbon emissions and traffic congestion. • Support transitioning from diesel backup generators to battery -based or other environmentally sustainable backup generators technology as appropriate. • Support legislation that provides residents and businesses with incentives for undertaking decarbonization activities, such as replacing aging heat pumps, hot water heaters, and appliances.
• Support efforts to expand energy generation and transmission infrastructure that will help the City meet the pace of decarbonization goals.
• Oppose federal or state efforts to permit additional oil drilling off the California coast to maintain consistency with the City’s Climate Action Plan and efforts to reduce dependency on fossil fuels.
• Oppose legislation and regulatory efforts that create new reporting requirements that may be duplicative and resource intensive for local jurisdictions. • Monitor energy related legislation including but not limited to that which impacts renewable energy, energy efficiency and conservation, resiliency, smart grid solutions, energy storage, demand response, distributed energy and building and transportation electrification.
For City Council Consideration on December 12, 2023
• Monitor legislation and regulatory efforts that may have a regional and local impact on greenhouse gas (GHG) emissions and advocate for effective and equitable approaches to emissions reduction.
• Monitor legislation and water quality regulations related to contaminants of emerging concern and advocate for funding for treatment of these contaminants. • Monitor Lead and Copper Rule Revision legislation and support funding to better protect communities from exposure to lead in drinking water.
• Monitor research and regulations on Pe r-and Poly-fluoroalkyl Substances (PFASs) and their impacts on the environment and drinking water, and advocate for funding for treatment of PFASs.
• Monitor legislation and regulatory efforts related to recycling and solid waste and advocate for legislation and regulations that enable mixed waste processing and composting to remain viable pathways for waste compliance.
• Monitor legislation and regulations related to the National Pollutant Discharge Elimination System and support efforts that are attainable and reflect local conditions and circumstances and oppose those that do not.
• Monitor legislation and regulations related to the San Jose/Santa Clara Regional Wastewater Facility (RWF), and support efforts related to the National Pollutant Discharge Elimination System. The RWF is regulated by the National Pollutant Discharge Elimination System permit under the Clean Water Act administered by San Francisco Bay Regional Water Quality Control Board. New regulations are focused on Contaminants of Emerging Concern, Toxicity, and Nutrient Reduction.
• Track the progress of the South Bay Salt Ponds Restoration Project and its proximity and potential impacts to the Regional Wastewater Facility, which Santa Clara jointly owns with the City of San Jose, and support regional planning and funding efforts. • Track the progress of the South San Francisco Bay Shoreline Study and support associated regional resiliency planning and funding efforts to ensure that Santa Clara’s infrastructure and community assets are considered and protected as the Bay Area plans and constructs resiliency projects.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
TRANSPORTATION ISSUES
Overview
The City of Santa Clara believes that a robust transportation network, and related infrastructure, is a critical element to a successful and thriving community. The City works with the federal government, state government, and regional stakeholders to ensure that residents and businesses have access to traditional modes of transportation and promote alternative modes to alleviate traffic congestion and pollution. Additionally, it is important for the City’s transportation network to continue to evolve to best serve the future needs of the community. To that end, local efforts are underway to promote and provide funding for alternative modes of transportation, such as updates to the City’s Traffic Impact Fee program, the City’s Multimodal Improvement Plan, Bicycle Master Plan Update 2018, Pedestrian Master Plan, and Creek Trail Network Expansion Master Plan. Additionally, City staff is working with other transportation agencies to support their significant regional projects, including BART Phase II (VTA), Caltrain Electrification and Caltrain Business Plan, and the High Speed Rail project.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
To ensure that the City and greater region are able to meet the current transportation needs of the community and plan for future needs, the City is advocating for the following positions:
• Support legislative, regulatory, funding, and regional efforts to reduce the amount of traffic congestion on area freeways and County expressways and reduce vehicle miles traveled. • Support legislation and efforts that provide funding for diverse transportation projects, such as local streets and roads improvements, shuttle programs, public transit, railroad crossing improvements, bicycle and pedestrian projects, intelligent transportation system improvements, corridor capacity improvements, and highway interchange improvements. • Support efforts to ensure accountability and fairness during the implementation of regional transportation ballot measures.
• Support efforts that will alleviate traffic congestion and promote alternative modes of transportation that benefit Santa Clara residents and businesses and that support the City’s commitment to environmental sustainability.
• Support efforts to integrate fare payments, schedules, transfers, and technology across multiple transit agencies to enhance regional transit service connectively.
City of
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For City Council Consideration on December 12, 2023
• Monitor efforts to place regional transportation funding measures on the ballot for consideration by voters.
• Monitor legislation related to local operations and regulation of municipal roadways, shared mobility uses in municipalities, and how municipalities study traffic congestion or vehicle miles traveled to measure transportation impacts of projects. • Oppose efforts to reduce the City’s representation on regional transportation planning agencies.
• Oppose efforts to reduce local government access to SB 1 local streets and roads funding.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
WATER SUPPLY AND CONSERVATION
Overview
The City of Santa Clara operates 19 wells that tap the underground aquifers and make up about 62% of the City's potable water supply. The underground aquifers are replenished from local reservoirs by the Santa Clara Valley Water District (SCVWD) water recharge program. The remaining water is supplied by water imported from the SCVWD and the San Francisco Public Utilities Commission (SFPUC) through the Hetch-Hetchy Reservoir.
For certain approved non-potable uses, recycled water from the San Jose/Santa Clara Regional Wastewater Facility's South Bay Recycled Water (SBWR) facility is used. This highly treated water delivered through separate pipelines makes up about 19% of the water sales in the City.
Recycled water offsets the use of potable sources in drought-prone California and is a reliable source for conservation of potable sources. The City continues to work closely with SBWR in order to increase recycled water supplies in order to meet existing demands within the City.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to ensure that the City is able to maintain an affordable and reliable supply of quality water, the City maintains the following advocacy positions:
• Support and implement water conservation, or demand reduction, measures for businesses and residents including state regulatory efforts which build on ongoing efforts to “Making Water Conservation a California Way of Life.” • Support California Municipal Utilities Association (CMUA) positions on legislation that benefit Santa Clara.
• Support State initiatives to fund water supply projects to improve water supply conditions including expediting permitting for recharge and other projects to mitigate the ongoing climate-driven emergency drought conditions.
• Support regional water conservation including potable and recycled water supply efforts in cooperation with agencies such as Santa Clara Valley Water District, City of San Jose, San Francisco Public Utilities Commission (SFPUC), and the Bay Area Water Supply and Conservation Agency.
• Support efforts to establish alternative funding sources for water infrastructure and improved water quality projects.
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For City Council Consideration on December 12, 2023
• Support state and regional efforts to delivery water to Santa Clara customers using clean energy and other environmentally sustainable practices. • Support legislation and funding to protect the public health of the community from the exposure to water quality contaminants including lead in drinking water at daycares, school facilities, residences, and commercial facilities.
• Support legislation with regional partners that allows purified recycled water to be added to the potable water supply through indirect and direct applications that improve local water resiliency for residents and businesses.
• Support regional partners and wholesale water providers in their efforts to ensure water supply reliability by protecting against any water rights curtailments under the California current water rights system that might impact Santa Clara customers. • Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.
• Monitor federal, state, and regional activity related to the Bay-Delta Plan. Support a comprehensive Bay -Delta watershed voluntary settlement agreement between stakeholders that includes SFPUC.
• Oppose legislative efforts to impose new taxes or fees on drinking water.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
BROADBAND, CABLE SERVICES, AND WIRELESS TELECOMMUNICATIONS FACILITIES Overview
The wireless telecommunications industry has made efforts to limit or preempt local control over placement of wireless facilities and supporting structures in and outside the rights of way. Over the past several years, actions by federal and state lawmakers have resulted in the adoption of regulations and orders controlling local authority over placement of wireless facilities, including the adoption of “shot clocks” requiring local agencies to complete review of projects within a specified time period.
Additionally, through the Federal Communications Commission’s proposed rulemaking, there have been efforts in recent years to address whether local franchising authorities (LFAs) can regulate incumbent cable operators and cable television services. The City has its own government access channel (Santa Clara City Television on Comcast cable channel 15 and AT&T U-verse 99), which may be negatively impacted by such rulings and similar legislation and activities. Santa Clara City Television is used to provide important information to the public, such as live and recorded airings of Council meetings, City special events, programs, and public service announcements.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
The City believes that it should maintain local authority over the placement of wireless telecommunications facilities, in order to ensure that a balance is reached between the infrastructure needs and the needs of the community. As such, the City:
• Supports efforts to increase access to broadband to address the digital equity divide, including in underserved urban communities, while ensuring the placement and installation of needed equipment does not undermine local permitting authority and does not pose an undue nuisance for residents.
• Supports efforts to retain and expand local control of permitting wireless telecommunications and non-cable services facilities in the public-right-of-way. • Supports legislation that provides opportunity for public input on the placement of wireless telecommunications facilities.
• Monitors legislation related to distributed energy generation via back-up power at wireless telecommunications facilities.
City of
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The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Oppose legislation and efforts to limit the amount of time, or scope, of local review of the placement of wireless facilities.
Legislative Advocacy Position
For City Council Consideration on December 12, 2023
COMMUNITY SERVICES
Overview
The City of Santa Clara offers a wide range of community services through Santa Clara City Library, parks and recreational facilities, and in partnership with community organizations and non-profits. The Santa Clara City Library is a dynamic community hub that provides access to information, literacy resources, educational programming, and civic engagement opportunities for the Santa Clara community. Through its three branches at Central Park Library, Northside Branch Library, and Mission Branch Library and the Bookmobile, Santa Clara City Library delivers high quality, efficient services in collections, technology and information access, literacy and English as a Second Language (ESL), programming, community partnerships, and facilities. The City’s Parks and Recreation Department provides planning, development, operation, maintenance, and rehabilitation of the City's twenty-seven (27) neighborhood parks, thirteen (13) mini parks, two (2) community parks, three (3) open space sites, ten (10) recreation buildings, four (4) trails, eleven (11) joint use facilities, and eleven (11) bodies of water at five sites. Facilities include community centers, neighborhood park buildings, community gardens, playgrounds, pools, restrooms, picnic areas, turf, trees, vegetation, athletic fields, and joint use facilities. The Department also assists the public with facility rentals, community services, cultural programs, special events, enhanced natural environments, fitness and wellness programs, as well as sports and aquatics opportunities.
Additionally, the City partners with community organizations and non-profits like Triton Museum of Art to provide the Santa Clara community with services such as free public access to art exhibitions and educational programs.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
With the goal of enhancing community sports and its recreational and arts assets, the City:
• Supports legislation and efforts that provide direct funding to cities based on needs, regardless of cities’ income level, for community services including staffing, infrastructure, and materials.
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The Center of What's Possible
Legislative Advocacy Position
For City Council Consideration on December 12, 2023
• Supports collaborative efforts between local water districts and local jurisdictions to address carbon sequestration and water retention to directly benefit parks and city facilities.
• Supports efforts to restore the nature environment specially through parks: revegetation, reforestation, urban forestry programs.
• Supports funding for accessibility improvements that support developmentally based play for all ages and abilities.
• Supports funding and efforts that enhance programs that serve low-income seniors.
• Support funding and efforts to provide resource and recreational services for unhoused individuals, as well as resources for training staff who come in contact with vulnerable populations.
• Supports California Library Association’s positions on priority legislation that benefits Santa Clara.
• Supports funding and efforts to promote early literacy, family literacy, and life-long learning.
• Supports legislation that promote equity, diversity, and inclusion-related staffing, collections, and programming.
• Supports funding and efforts to increase afterschool enrichment activities for students.
• Supports legislation, funding, and resources to offer wraparound services to vulnerable populations.
• Supports funding and efforts to provide programs and services that encourage sustainable practices in the community.
• Supports funding, additional resources, and additional staffing to provide outreach and mental health resources to communities that currently lack adequate access to these services.
• Support state and federal funding and resources to provide free meals and accompanying education opportunities to students.
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For City Council Consideration on December 12, 2023
Legislative Advocacy Position
EMERGENCY MANAGEMENT
Overview
As exemplified by the COVID -19 Pandemic and recent all -hazard emergencies, emergency preparedness and management are essential to the City’s ability to effectively respond and provide continued services to the community. The City’s Office of Emergency Services maintains an Emergency Operations Center (EOC) in “response-ready” condition to serve as the City’s hub for emergency management activities in support of large-scale emergencies or planned events.
In the event of any all -hazard emergency, the City will closely monitor county, state and federal orders, guidance and legislation to see how they apply to Santa Clara, advocate for regional, state, and federal resources and funding to provide as needed assistance to individuals and businesses that have been negatively impacted, and focus on economic recovery.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities’ and National League of Cities’ positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to adequately prepare for and manage emergencies to protect the community, the City of Santa Clara:
• Supports efforts to provide direct relief funding to local jurisdictions, especially small and medium-sized cities, which can be utilized to mitigate, prepare, respond to, and recover from any in response to all-hazard emergencies and emergent crises and threats , including offsetting lost revenue and reimbursing incurred costs. • Supports the temporary suspension of certain time-specific statutory and meeting requirements and flexibility to adjust city services as needed to mitigate, prepare, respond to, and recover from any future all-hazard emergencies. • Supports federal and state efforts to help mitigate the economic impacts from all-hazard emergencies on the City and its’s businesses and residents. • Supports public health efforts and resources to help mitigate the spread of infectious disease, including providing access to personal protective equipment and encouraging residents to receive approved vaccinations.
• Supports legislative efforts and funding for mutual aid to assist with emergency operations and streamline reimbursement processes.
City of
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For City Council Consideration on December 12, 2023
• Supports efforts to establish protocols and provide funding that continue to allow schools to maintain in-person instruction in a safe manner.
• Supports funding and efforts to provide free meals to students. • Supports legislation efforts and funding for emergency management infrastructure. • Oppose efforts to reduce local jurisdictions’ autonomy as it relates to disaster recovery and management.
• Opposes efforts to shift responsibility, to the City, of programs that have traditionally been carried out, or funded, by federal, state, or county governments. • Monitor homeowner and renters’ insurance efforts and legislation, and advocate for reasonable, affordable, and accessible programs for Santa Clara residents.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
ENERGY LEGISLATION, REGULATIONS AND ISSUES
Overview
The City’s electric utility, Silicon Valley Power (SVP) has a mission to be a progressive, service- oriented utility, offering reliable, competitively priced services for the benefit of Santa Clara and its customers. Additionally, S VP has an adopted Strategic Plan that is intended to address the challenges facing the utility over a ten-year period. The Strategic Plan contains over thirty strategic initiatives in four distinct areas: Utility Performance Excellence; Customer Engagement and Satisfaction; Progress and Innovation Focus; and Community and Environmental Stewardship. The Legislative Advocacy Position works to further the objectives outlined in the Strategic Plan, and complements the other Legislative Advocacy Positions adopted by the City.
Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.
Legislative Advocacy Position
In order to ensure the City can provide safe, reliable, and affordable energy to ratepayers, while operating in an environmentally and fiscally conscious manner, the City will:
• Support policies that will help ensure that transmission level Public Safety Power Shut- offs (PSPS) events do not unnecessarily burden local communities that are dependent on investor owned utility (IOU) transmission infrastructure. • Support legislation that would provide local public agencies with financial resources to prepare for, and mitigate the impacts from, planned power outage events. • Support efforts to align wildfire-related liability with fault, safeguarding public utility customers against exorbitant rate increases when their utility acts prudently. • Support efforts to expand energy generation and transmission infrastructure, including CEQA streamlining, that will help the City meet the pace of decarbonization goals. • Support legislation and efforts to enhance funding for clean energy, energy storage, and transmission development.
• Support policies that recognize energy affordability and provide financial incentives or assistance to residents and businesses.
• Support legislation or regulatory efforts that would allow Tier 4 diesel generators or better to run to help support the grid during peak demand periods.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Monitor PG&E’s rate-making and regulatory activities to ensure it meets its obligations and agreements and advocate for changes that would mitigate adverse impacts to SVP and other publicly owned utilities (POUs).
• Monitor the development of new market initiatives from state and regional grid operator s which may result in new energy-related products and changes to electric grid operations.
Staff will advocate for changes that would benefit or protect SVP ratepayers. • Monitor and participate with federal, state and local governments and stakeholders in the development of new regulations and advocate for changes that enhance system reliability and mitigate operational and ratepayer impacts.
• Monitor and support transmission related activities focusing on enhancing the reliability and deliverability of clean energy resources and advocating for greater transparency and assurance that transmission access charges are allocated equitably between the various beneficiaries.
• Oppose legislation and efforts that limit the amount of time, or scope, of local review of energy-related developments within the City.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
HOUSING
Overview
The lack of affordable housing in the State and region continues to have an increasingly profound impact on the City of Santa Clara. In January 20220, Santa Clara County conducted its biennial Point-in-Time Count and found that there were over 10,028 individuals were living on the streets, in shelters across the county, reflecting a more than 3% increase in the homeless population over a 3-year period. During the same period, homelessness increased in the City of Santa Clara by 35%. As c ities across the state struggle to address the growing affordable housing and homelessness crisis as housing prices continue to soar, housing continues to be a key legislative priority for the State Legislature and regional agencies.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
The City of Santa Clara is committed to being a leader at the local level in providing affordable housing, as well as making a fair share contribution to the overall need for housing production within Silicon Valley, and will continue to proactively take concrete steps to realize new housing production within the City. Santa Clara is also prepared to participate in broader regional efforts that are collaborative, recognize the unique characteristics of local jurisdictions , and provide opportunities for local representation.
The City is concerned about potential measures imposed at the State or regional level that reduce local control, recognizing that in some instances such measures can be necessary or helpful to advance common goals across multiple jurisdictions, but is also recognizing that such efforts may have unintended consequences, limited effectiveness, or create inequities due to a lack of consideration of localized circumstances.
In an effort to achieve these goals, the City will:
• Advocate for more regional, state and federal resources (e.g., funding, more housing vouchers, legal authority, technical support, streamlining administrative processes) to address local housing needs.
City of
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The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Support legislation that would establish additional ongoing funding streams for the construction, preservation, and operation of local affordable housing developments. • Support legislation and efforts that provide increased access to resources to address the needs of the most vulnerable residents through street outreach and assessment, case management services, capital and operating dollars for shelter, interim and transitional housing, supportive housing, extremely low -income affordable housing, and homelessness prevention services.
• Support legislation and efforts that provide resources for small to medium sized cities to plan and implement strategies that address the impacts of homelessness on public facilities and services.
• Support efforts to collaborate with the State, County, local jurisdictions, business sector, non-profit, and philanthropic partners to leverage available resources and bring in new funding streams to expand the reach of the interim and supportive housing system. • Support federal efforts to preserve and strengthen the low -income housing tax credit program and federal tax exemptions for private activity bonds. • Support legislation preserving and expanding, federal tax exemptions for state and local taxes, including state and local property, sales, and income taxes, and maintaining federal tax exemptions for mortgage interest payments on primary residences. • Support legislation that provides local jurisdictions with authority over land use decisions and fully incorporates the involvement of local community members and an understanding of the conditions unique to the community.
• Support efforts to streamline California Environmental Quality Act provisions to facilitate the production of affordable housing and reduce delays due to unmerited litigation. • Support provisions to allow school districts to effectively mitigate the impacts of new development, including the ability to consider increasing the allowable school mitigation fee level.
• Support efforts to increase and index school mitigation fee rates to more realistically reflect current school facility costs.
• Support legislation that aims to increase homeownership, particularly for first-time buyers and workforce housing, through down payment assistance, increasing the ability to borrow money, or through other forms of assistance.
• Oppose measures that reduce local control over land use and planning decisions and are punitive in nature towards local government.
• Oppose efforts to reduce local, state, and/or federal funding for federal entitlement programs that are used to promote affordable housing, rehabilitaterehabilitation of substandard housing, build new park facilities, provide neighborhood improvements, and fund public services, such as public safety and emergency response. • Monitor legislation related to the zoning and development of housing in Very High Fire Hazard Severity Zones.
• Monitor legislation related to the facilitation/streamlining of housing in Industrial Zoning districts or General Plan designations, which would further reduce local discretion on such projects.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
HUMAN RESOURCES AND PUBLIC SECTOR EMPLOYMENT
Overview
The City of Santa Clara provides a myriad of services to the community, including police, fire, public works, electric utility, planning, parks and recreation, and library services. The City employs over 1,100 part-time/seasonal and full-time employees that provide the and other services to the community. These services provide opportunities and careers for all types of interests, and the City should endeavor to leverage the rewards and benefits that come with working for the City.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to ensure that the City can compete with other local municipalities, and the private sector, to attract, hire and retain a talented workforce, the City:
• Supports efforts to preserve local government’s ability to manage its own employment issues, including, but not limited to, hiring, evaluating, disciplining, and negotiating collective bargaining agreements.
• Supports working with City bargaining units in finding solutions to address the service delivery needs of the community while being mindful of the City’s revenue and expenditures, and recruitment and retention of the City’s workforce. • Supports efforts to increase the long-term financial stability of CalPERS. • Supports federal and state efforts to create a more informed, engaged, and welcoming experience for immigrants.
• Supports comprehensive immigration reform which provides opportunities to achieve economic and educational success and contribute to our community. • Supports and increase in work visas allowing employers to hire foreign workers that require advanced technical skills, as well as support programs that stimulate the economy through job creation and capital investment by foreign investors. • Supports efforts that protect children, including undocumented children, with the continuation of the Deferred Action for Childhood Arrivals (DACA) Program and the Dream Act.
City of
Santa Clara
The Center of What's Possible
For City Council Consideration on December 12, 2023
• Monitor efforts to regulate the use of artificial intelligence by public agencies. • Opposes new federal or state unfunded mandates that would increase the City’s post- employment obligations.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
PUBLIC SAFETY
Overview
As a city that is consistently named one of the safest cities in the country, Santa Clara is committed to promoting a living and working environment that allows for the best quality of life.
The City believes that crime prevention and enforcement efforts are integral to creating and maintaining a safe environment for residents and visitors. At the same time, the City recognizes that crime prevention and enforcement efforts alone cannot foster community safety and wellness; education, intervention and prevention efforts on various public safety topics, such as gun violence, gang activity, alcohol and tobacco use, pedestrian, driver and bicycle safety, and driving under the influence, are equally important.
As the State and region continues to experience civil unrest and an unprecedented number of natural and man-made disasters, the City recognizes the importance of a comprehensive risk management approach to emergency preparedness.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to maintain public health and safety, and promote the best quality of life, the City will:
• Support legislation that seeks to impose stricter gun violence laws and/or requires the safe storage of unattended firearms, including background checks and training requirements for gun sales.
• Support legislation that toughens penalties for chronic criminals. • Support efforts to reduce the list of who can seek early parole and re-classify some theft crimes from misdemeanors to felonies by reforming Assembly Bill 109 (approved by the Legislature in 2011), Proposition 47 (approved by voters in 2014) and Proposition 57 (approved by voters in 2016).
• Support the expansion of the number of crimes where DNA is collected, a list that was limited when some crimes were reclassified from felonies to misdemeanors. • Support legislation that preserves, or expands, funding levels for public safety programs, services, reimbursement of administrative costs associated with grant implementation, record keeping and reporting, and equipment, such as the Edward Byrne Memorial Justice Assistance Grants.
City of
Santa Clara
The Center of What 's Possible
For City Council Consideration on December 12, 2023
• Support initiatives that maintain existing tools/resources available to officers to respond to calls for service, enhance investigation resources, and aide in crime fighting while increasing officer and public safety.
• Support legislation that addresses crime trends and attempts to curb illegal activity, including but not limited to, illegal street racing and sideshow activity , thefts from automobile burglaries, and organized retail thefts, all of which are growing trends in our region.
• Support efforts to test speed enforcement cameras and corresponding legislation to mitigate traffic-related injuries and deaths.
• Support efforts to fund the towing of abandoned vehicles, including unoccupied recreational vehicles (RVs).
• Support legislation that identifies new funding sources for fire and law enforcement agencies to promote First Responder public safety, wellness and employee training. • Support legislation that recognizes the importance of a comprehensive risk management approach to emergency preparedness, fire prevention, fire suppression, and emergency medical services.
• Support legislation that provides funding for emergency preparedness, including community risk reduction strategies like community education programs (e.g., CERT , CPA), staff training, interagency cooperation, and enhanced equipment and technology. • Support legislation that expands the implementation and testing of emergency alert systems and emergency public information outreach.
• Support legislation that enhances public safety professionals’ ability to respond to all types of emergencies and communicate within and across jurisdictions. • Support measures that aim to return revenue generated from the enforcement of crimes back to the originating agency to sustain their efforts. • Support the local regulation of Unmanned Aircraft Systems (UAVs), including the right to authorize use of UAVs by public safety agencies and the right to restrict or prohibit UAV use that interferes with, or poses a threat to, emergency operations or public safety. • Support legislation that aims to assist individuals in crisis, including those who may be homeless, be the victim of human trafficking, domestic violence victims and survivors, and other vulnerable populations.
• Support legislation and efforts that recognizes the importance of developing a comprehensive preparedness strategy (e.g. mutual aid, unified command, interoperability, cyber disobedience, critical infrastructure, social media, etc.) to respond to civil unrest with input from emergency responders and allied stakeholders for local response. • Support more training and funding for law enforcement, and non-law enforcement, response to individuals experiencing mental health and substance abuse issues, including de-escalation training.
• Support legislation that promotes third-party communication and translation resources (e.g., sign language and/or foreign language training, document translation, etc.) as well as professional development resources among First Responders to increase the number of multi-lingual professionals and enhance written communication tools to the public. • Support the i nclusion of stipends, reimbursement and/or allocation associated with new legislation that increases data collection and reporting, particularly when there is a need for specialized software or equipment to do so.
For City Council Consideration on December 12, 2023
• Support legislation and efforts that aim to provide public safety resources that will be used and implemented to ensure safe and successful major events throughout the City. • Monitor the California Police Chiefs Association positions on legislation and advocate for those that benefit Santa Clara and align with the League of California Cities’ position. • Oppose public safety legislation that imposes unfunded mandates on local agencies for new programs or increased service levels.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
REGIONAL ISSUES AND COLLABORATION
Overview
While the City of Santa Clara is unique in many ways, it experiences many of the same issues as other cities in the region . The City works closely with other jurisdictions to address a variety of issues that impact residents and businesses in the San Francisco Bay Area, such as affordable housing, transportation, water conservation, and airplane noise.
Guiding Principles
The City follows the below guiding principles for all areas of legislative advocacy:
• Support the positions of the League of California Cities, and National League of Cities, on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services that benefit the City of Santa Clara and its residents.
• Protect and/or increase local government discretion.
• Advance approved policies, such as the City’s Statement of Values, the General Plan, and the Climate Action Plan.
Legislative Advocacy Position
The City recognizes the importance of regional collaboration and, as such, the City:
• Contributes to, and supports the efforts of, regional organizations such as Santa Clara County Cities Association and Silicon Valley Economic Development Alliance to advance regional goals that benefit the San Francisco Bay Area/Silicon Valley. • Supports federal and state legislation to provide funding for regional solutions to problems, such as housing, homelessness, emergency management and response, water supply and resiliency, and transportation.
• Continues to support regional efforts to work with local agencies and federal representatives to mitigate the effects of aircraft noise. • Supports legislation that provides funding to assist with the mitigation of impacts from aircraft noise.
• Supports efforts to engage local public agencies and members of the community prior to any changes in flight paths, or airport operations that may impact surrounding areas. • Supports state and regional water conservation efforts as Santa Clara moves to adopting “Making Water Conservation a California Way of Life” regulations while advocating for state funding and technical assistance to limit impacts on rate payers. The City also supports efforts to work with local , state and federal agencies partners to mitigate the effects of the ongoing emergency drought future droughts on water supply reliability using a streamlined and flexible regulatory framework.
• Supports efforts to mitigate supply chain and workforce issues across energy, water, transportation, development and maintenance sectors.
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For City Council Consideration on December 12, 2023
• Supports regional, State, and federal funding and resources that will assist the City, Santa Clara Stadium Authority, and greater San Francisco Bay Area with hosting upcoming major events at Levi’s Stadium.
• Monitors regional issues and new legislation to ensure that they benefit the region and its residents.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
SUSTAINABILITY AND ENVIRONMENTAL PROTECTION
Overview
The City of Santa Clara is committed to creating a sustainable city for its residents and businesses. The City strives to conduct its operations in a way that is environmentally conscious and promotes sustainability. The City is dedicated to collaborating with regional stakeholders to improve the air quality, water quality, and overall environmental quality of life for the residents and businesses of the City.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
There continues to be a strong interest in sustainability and environmental issues at both the state and federal levels which will likely result in new legislation and regulatory changes that could significantly impact the City. Monitoring and advocacy efforts will be geared towards ensuring that emerging legislation and regulations align with the City’s interests in providing sustainable services to its residents and businesses through the following:
• Support opportunities to further reform the California Environmental Quality Act process to match California’s very ambitious and accelerated goals related to sustainability and environmental protection, including Greenhouse Gas emissions reductions while protecting local land use authority.
• Support energy goals and policies that remain technology agnostic and commercially available, and oppose policies that choose specific technologies or energy procurement mandates that can lead to increased customer costs while discouraging innovation. • Support legislation that removes barriers to the electrification of buildings and transportation, as well as legislation that provides regulatory streamlining of reporting and other actions that preserve local decision-making authority. • Support a comprehensive approach to climate policy that optimizes GHG reductions across multiple sectors (transportation, electricity, buildings, etc.). • Support funding opportunities and other financial incentives that facilitate the installation of electric vehicle charging infrastructure at multi-family housing complexes, schools, and other publicly accessible spaces.
City of
Santa Clara
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For City Council Consideration on December 12, 2023
• Advocate for the flexibility to optimize the portfolio of GHG emiss ions reduction opportunities identified in the City’s Climate Action Plan and includes , but not limited to , new renewable energy and storage procurement, water conservation and energy efficiency, smart grid solutions, increase waste diversion, sustainable land use, increase tree canopy, building decarbonization, transportation electrification among other actions in the portfolio.
• Support efforts to streamline permitting and construction of compost and other facilities that enable jurisdictions to comply with SB 1383 and efforts to broaden procurement requirements for local jurisdiction to comply with SB 1383. • Support legislation and funding related to recycled water state, regional, and local efforts to reduce imported water supplies and supplant the use of potable water and preserve local groundwater supplies.
• Support legislation and regulatory efforts that aid the City’s Pretreatment Program, Fats, Oils & Grease (FOG) Inspection Program, and Operations and Maintenance of the sanitary sewer collections system.
• Support urban runoff pollution regulations, water conservation and recycling, and pollution controls that benefit the City.
• Support legislation and regulatory efforts that enable the City to collect fees to support the storm drain collection system.
• Support legislation, regulations , and funding to strengthen forest management and fire prevention activities and improve emergency preparedness and response. These include, but are not limited to, the modernization of vegetation and forest management practices for wildfire prevention and carbon sequestration and biomass production for energy, forest thinning, and other activities to improve the health of forests damaged by infestation of bark beetles, plant pathogens, drought, or other hazards that exponentially increase wildfire dangers.
• Support California Energy Commission (CEC) and California Public Utilities Commission (CPUC) efforts to accelerate building and transportation decarbonization through Title 24 Part 6 (CalGreen) code with consideration of cost effectiveness studies. • Support telework policies that reduce carbon emissions and traffic congestion. • Support transitioning from diesel backup generators to battery -based or other environmentally sustainable backup generators technology as appropriate. • Support legislation that provides residents and businesses with incentives for undertaking decarbonization activities, such as replacing aging heat pumps, hot water heaters, and appliances.
• Support efforts to expand energy generation and transmission infrastructure that will help the City meet the pace of decarbonization goals.
• Oppose federal or state efforts to permit additional oil drilling off the California coast to maintain consistency with the City’s Climate Action Plan and efforts to reduce dependency on fossil fuels.
• Oppose l
egislation and regulatory efforts that create new reporting requirements that may be duplicative and resource intensive for local jurisdictions. • Monitor energy related legislation including but not limited to that which impacts renewable energy, energy efficiency and conservation, resiliency, smart grid solutions, energy storage, demand response, distributed energy and building and transportation electrification.
For City Council Consideration on December 12, 2023
• Monitor legislation and regulatory efforts that may have a regional and local impact on greenhouse gas (GHG) emissions and advocate for effective and equitable approaches to emissions reduction.
• Monitor legislation and water quality regulations related to contaminants of emerging c
oncern and advocate for funding for treatment of these contaminants. • Monitor Lead and Copper Rule Revision legislation and support funding to better protect communities from exposure to lead in drinking water.
• Monitor research and regulations on Pe r-and Poly-fluoroalkyl Substances (PFASs) and their impacts on the environment and drinking water, and advocate for funding for treatment of PFASs.
• Monitor legislation and regulatory efforts related to recycling and solid waste and advocate for legislation and regulations that enable mixed waste processing and composting to remain viable pathways for waste compliance.
• Monitor legislation and regulations related to the National Pollutant Discharge Elimination System and support efforts that are attainable and reflect local conditions and circumstances and oppose those that do not.
• Monitor legislation and regulations related to the San Jose/Santa Clara Regional Wastewater Facility (RWF), and support efforts related to the National Pollutant Discharge Elimination System. The RWF is regulated by the National Pollutant Discharge Elimination System permit under the Clean Water Act administered by San Francisco Bay Regional Water Quality Control Board. New regulations are focused on Contaminants of Emerging Concern, Toxicity, and Nutrient Reduction.
• Track the progress of the South Bay Salt Ponds Restoration Project and its proximity and potential impacts to the Regional Wastewater Facility, which Santa Clara jointly owns with the City of San Jose, and support regional planning and funding efforts. • Track the progress of the South San Francisco Bay Shoreline Study and support associated regional resiliency planning and funding efforts to ensure that Santa Clara’s infrastructure and community assets are considered and protected as the Bay Area plans and constructs resiliency projects.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
TRANSPORTATION ISSUES
Overview
The City of Santa Clara believes that a robust transportation network, and related infrastructure, is a critical element to a successful and thriving community. The City works with the federal government, state government, and regional stakeholders to ensure that residents and businesses have access to traditional modes of transportation and promote alternative modes to alleviate traffic congestion and pollution. Additionally, it is important for the City’s transportation network to continue to evolve to best serve the future needs of the community. To that end, local efforts are underway to promote and provide funding for alternative modes of transportation, such as updates to the City’s Traffic Impact Fee program, the City’s Multimodal Improvement Plan, Bicycle Master Plan Update 2018, Pedestrian Master Plan, and Creek Trail Network Expansion Master Plan. Additionally, City staff is working with other transportation agencies to support their significant regional projects, including BART Phase II (VTA), Caltrain Electrification and Caltrain Business Plan, and the High Speed Rail project.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
To ensure that the City and greater region are able to meet the current transportation needs of the community and plan for future needs, the City is advocating for the following positions:
• Support legislative, regulatory, funding, and regional efforts to reduce the amount of traffic congestion on area freeways and County expressways and reduce vehicle miles traveled. • Support legislation and efforts that provide funding for diverse transportation projects, such as local streets and roads improvements, shuttle programs, public transit, railroad crossing improvements, bicycle and pedestrian projects, intelligent transportation system improvements, corridor capacity improvements, and highway interchange improvements. • Support efforts to ensure accountability and fairness during the implementation of regional transportation ballot measures.
• Support efforts that will alleviate traffic congestion and promote alternative modes of transportation that benefit Santa Clara residents and businesses and that support the City’s commitment to environmental sustainability.
• Support efforts to integrate fare payments, schedules, transfers, and technology across multiple transit agencies to enhance regional transit service connectively.
City of
Santa Clara
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For City Council Consideration on December 12, 2023
• Monitor efforts to place regional transportation funding measures on the ballot for consideration by voters.
• Monitor legislation related to local operations and regulation of municipal roadways, shared mobility uses in municipalities, and how municipalities study traffic congestion or vehicle miles traveled to measure transportation impacts of projects. • Oppose efforts to reduce the City’s representation on regional transportation planning agencies.
• Oppose efforts to reduce local government access to SB 1 local streets and roads funding.
For City Council Consideration on December 12, 2023
Legislative Advocacy Position
WATER SUPPLY AND CONSERVATION
Overview
The City of Santa Clara operates 19 wells that tap the underground aquifers and make up about 62% of the City's potable water supply. The underground aquifers are replenished from local reservoirs by the Santa Clara Valley Water District (SCVWD) water recharge program. The remaining water is supplied by water imported from the SCVWD and the San Francisco Public Utilities Commission (SFPUC) through the Hetch-Hetchy Reservoir.
For certain approved non-potable uses, recycled water from the San Jose/Santa Clara Regional Wastewater Facility's South Bay Recycled Water (SBWR) facility is used. This highly treated water delivered through separate pipelines makes up about 19% of the water sales in the City.
Recycled water offsets the use of potable sources in drought-prone California and is a reliable source for conservation of potable sources. The City continues to work closely with SBWR in order to increase recycled water supplies in order to meet existing demands within the City.
Guiding Principles
The City of Santa Clara’s guiding principles for legislative advocacy include and are not limited to:
• Support the League of California Cities and National League of Cities positions on priority bills that benefit Santa Clara.
• Protect local revenue sources and prevent unfunded mandates. • Protect and/or increase funding for specific programs and services. • Protect and/or increase local government discretion.
• Advance approved policies such as the City’s Statement of Values, the General Plan, or the Climate Action Plan.
Legislative Advocacy Position
In order to ensure that the City is able to maintain an affordable and reliable supply of quality water, the City maintains the following advocacy positions:
• Support and implement water conservation, or demand reduction , measures for businesses and residents including state regulatory efforts which build on ongoing efforts to “Mmaking Wwater Cconservation a California Wway of Llife.” • Support California Municipal Utilities Association (CMUA) positions on legislation that benefit Santa Clara.
• Support State initiatives to fund water supply projects to improve water supply conditions including expediting permitting for recharge and other projects to mitigate the ongoing climate-driven emergency drought conditions.
• Support regional water conservation including potable and recycled water supply efforts in cooperation with agencies such as Santa Clara Valley Water District, City of San Jose, San Francisco Public Utilities Commission (SFPUC), and the Bay Area Water Supply and Conservation Agency.
• Support efforts to establish alternative funding sources for water infrastructure and improved water quality projects.
City of
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For City Council Consideration on December 12, 2023
• Support state and regional efforts to delivery water to Santa Clara customers using clean energy and other environmentally sustainable practices. • Support legislation and funding to protect the public health of the community from the exposure to water quality contaminants including lead in drinking water at daycares, school facilities, residences, and commercial facilities.
• Support legislation with regional partners that allows purified recycled water to be added to the potable water supply through indirect and direct applications that improve local water resiliency for residents and businesses.
• Support regional partners and wholesale water providers in their efforts to ensure water supply reliability by protecting against any water rights curtailments under the California current water rights system that might impact Santa Clara customers. • Work with regional partners to maintain the reliability of the water supply and water sustainability to support current customers and to allow for expected growth in the near future and beyond.
• Monitor federal, state, and regional activity related to the Bay -Delta Plan. Support a comprehensive Bay -Delta watershed voluntary settlement agreement between stakeholders that includes SFPUC.
• Oppose legislative efforts to impose new taxes or fees on drinking water.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1291 Agenda Date: 12/12/2023
REPORT TO COUNCIL
SUBJECT
Action on the Santa Clara Police Department’s Recommendation to Name the Police Building’s Motorcycle Garage the “Pete Malae Traffic Unit Motorcycle Garage”
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The Police Building complex on El Camino Real includes an ancillary building that houses Records Unit retention, Bicycle Unit garage, the Traffic Unit’s Motorcycle Garage, Special Response Team equipment and employee fitness facilities.
The Traffic Unit (Motorcycle Unit) is part of the Field Operations Division. The primary goal of the Traffic Unit is to reduce injury collisions through engineering, education and enforcement. This is achieved by enforcing traffic laws, responding to collisions, and investigating major injury accidents and fatalities. Community Services Officers in this Unit are responsible for the enforcement of parking violations. This team works closely with the City's Department of Public Works’ Traffic Engineering Division to solve traffic issues in the City.
Retired Police Officer Peter “Pete” Malae Sr. worked for the City from January 1977 through August 2003 and was instrumental in the development of the Department’s Traffic Unit and was the inaugural motorcycle officer in 1979. Pete was the lead trainer for new riders for the majority of his career and spent 25 unprecedented years as a motorcycle officer. He also utilized his military training to create the framework for our Department’s SWAT team (currently referred to as the Special Response Team). Many of his officer safety teachings continue to be utilized in both units.
Prior to joining the Police Department, Pete enlisted in the Army in 1965 and was assigned to Company C, 1st Battalion (Airborne), 503d Infantry Regiment, 173rd Airborne Brigade, a Special Warfare Unit. From 1966 through 1968, Specialist Malae served in Vietnam. His courageous actions and heroism earned him a Silver Star with Valor, two Bronze Stars with Valor and a third Bronze Star.
Following his service, he played football for Westfield College in Coalinga before being recruited by Bill McPherson to play football for Santa Clara University.
DISCUSSION
In accordance with Council Policy 035 “Naming of Facilities” (Attachment 1), the Governance and Ethics Committee heard this item at their December 4, 2023 meeting (Agenda, Attachment 2). The Committee voted unanimously to forward a recommendation to the full City Council to honor retired Police Officer, Peter “Pete” Malae Sr by naming of the Santa Clara Police Department’s Motorcycle City of Santa Clara Printed on 12/8/2023Page 1 of 2
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23-1291 Agenda Date: 12/12/2023
Garage the “Pete Malae Traffic Unit Motorcycle Garage.” Should the Council approve the recommendation, the family will be notified and a sign will be ordered. The Department will conduct an unveiling ceremony with the family and current and former employees, at a future date.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
If the Council approves naming of the Motorcycle Garage in Pete Malae’s honor, the Police Department would utilize federal Asset Forfeiture Funding to purchase one sign for the entrance of the Motorcycle Garage. This sign is expected to have a minimal cost.
A pending Report to Council will further highlight the equitable sharing amount the Police Department intends to receive via Asset Forfeiture Funds as well as the intended uses of the funds.
COORDINATION
This report was coordinated by the City Manager’s office and Mayor and Council Offices.
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
Approve the naming of the Santa Clara Police Department’s Motorcycle Garage the “Pete Malae Traffic Unit Motorcycle Garage”
Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Council Policy 035 - Naming of Facilities
2. December 4, 2023 Governance and Ethics Committee Agenda (RTC #23-1290) City of Santa Clara Printed on 12/8/2023Page 2 of 2
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City of Santa Clara
Council Policy Manual
NAMING OF FACILITIES
Revised 10/10/2023
Council Policy 035 Page 1 of 3
Reso. No. _________
PURPOSE To establish the criteria and procedures for the naming of City of Santa Clara (City) buildings and facilities. The policy’s overarching objectives are to establish and maintain a system to ensure that decisions on naming opportunities are made in an equitable and consistent manner and that the naming actions maintain current and future alignment with the City’s Mission Statement and Code of Ethics and Values.
POLICY
The City Council shall name municipal buildings/facilities in rec ognition and consideration of the following:
• Individuals, living or deceased, who have made outstanding contributions to the City or Santa Clara community
• Individuals, living or deceased, who have made contributions of local, state, national or worldwide significance
• Honoring the important contributions and accomplishments of individuals from underrepresented communities
• Opportunities to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
• Geographic location, demographic information, or prominent environmental feature(s) of the area that the building/facility is located
• Naming Rights Agreement: Agreements may provide a financial benefit to the City with sponsorships or naming rights agreements for City-owned facilities which aligns with the City ’s mission and values.
Naming proposals will require thorough research to ensure alignment with this policy and with the City’s Mission Statement and Code of Ethics and Values.
The renaming of existing municipal buildings/facilities shall be discouraged and shall occur only under extraordinary circumstances, after thorough study. The process of renaming may be done only after undertaking thorough and comprehensive research and deliberation.
Individuals after whom buildings are named, and who later are found to violate the City’s Co de of Ethics and Values or Mission Statement City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
NAMING OF FACILITIES
Revised 10/10/2023
Council Policy 035 Page 2 of 3
Reso. No. _________
may have their names removed from the buildings that bear their names.
Naming Proposals
PROCEDURE 1. Proposals for naming of municipal bui ldings or facilities shall be referred to the responsible Department.
2. Upon receipt of a naming or renaming proposal of a City building or facility, the Department Head will review if the proposed name is reflective of at least one of the following criteria:
a. An individual, living or deceased, who has made outstanding contributions to the City or Santa Clara community
b. An individual, living or deceased, who has made contributions of local, state, national, or worldwide significance
c. Honors the most important contributions and accomplishments of individuals from communities underrepresented in the Named City Facilities List.
d. Presents an opportunity to foster a more welcoming, equitable, and inclusive environment as well as to reflect and connect with the City’s diverse community
e. Geographic location and demographic information of the area that the building or facility is located
f. P rominent geographic or environmental feature(s) of the area that the building or facility is located
The City will maintain an inventory list of all Santa Clara facilities and buildings that have been named, including any available background of why the name was selected (“Named City Facilities List”). Any naming proposal will be reviewed against the Named City Facilities List to confirm that it is not duplicative of previously approved proposals.
If the naming or renaming proposal is reflective of at least one of the criteria, the Depart
ment Head will refer the proposal to the
appropriate City Board, Commission, or Committee.
If the naming or renaming proposal is not reflective of at least one of City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
NAMING OF FACILITIES
Revised 10/10/2023
Council Policy 035 Page 3 of 3
Reso. No. _________
the criteria, the Department head will extend appreciation of input to the proposer and explain City’s policy regarding naming of facilities.
3. After the Department Head forwards the proposal, the City Board, Commission, or Committee, shall review all naming proposals at a publicly noticed meeting and make a recommendation to the, Governance and Ethics Committee which shall consist of three City Councilmembers appointed by vote of t he Council, and the City Manager.
4. The Governance and Ethics Committee shall review all naming recommendations at a publicly noticed meeting and make a recommendation to the City Council for final approval.
5. The City Council shall consider the naming recomm endation(s) at a publicly noticed meeting and will have final approval of all naming recommendations.
6. Upon Council approval, the approved naming recommendation shall be added to the Named City Faci lities List with all associated information.
Renaming Proposals
The process for renaming existing municipal buildings/facilities will follow the same steps as outlined in this procedure. In addition, it will require the proposer to include any and all research supporting the claim that there has been a violation of the City’s Code of Ethics and Values or Mission Statement.
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Meeting Agenda
Governance and Ethics Committee
City Hall Council Chambers /
Hybrid Meeting
1500 Warburton Avenue
Santa Clara, CA 95050
3:00 PMMonday, December 4, 2023
CALL TO ORDER AND ROLL CALL
The City of Santa Clara is conducting Governance and Ethics Committee meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom: https://santaclaraca.zoom.us/j/98559951444
• Webinar ID: 985 5995 1444
• By phone: +1 669 444 9171
How to Submit Written Public Comment before meeting:
• By 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 post meeting material.
Note: Emails received as public comment will not be read aloud during the meeting.
CONSENT CALENDAR
1. Approval of the September 11, 2023 Governance and Ethics Committee Meeting Minutes
23-1441
Approve the minutes of the September 11, 2023
Governance and Ethics Committee Meeting.
Recommendation:
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the body on any matter not on the agenda that is within the subject matter jurisdiction
of the body. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting.]
GENERAL BUSINESS
2. Action on the Santa Clara Police Department’s
Recommendation to
Name the Police Building’s Motorcycle
Garage the “Pete Malae Traffic Unit Motorcycle Garage”
23-1290
Recommend to the City Council that it Approve the
naming of the Police Building’s Motorcycle Garage
the “Pete Malae Traffic Unit Motorcycle Garage.”
Recommendation: