Agenda packet — City Council and Authorities Concurrent, February 20, 2024 (part 1 of 6)

City of Santa Clara
Meeting Agenda
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
5:00 PMTuesday, February 20, 2024
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.

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

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

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at San ta Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024
Joint Dinner - 5:00 PM | Closed Session - 6:00 PM | Regular Meeting - 7:00 PM 5:00 PM JOINT DINNER
Call to Order in the Council Chambers
Confirmation of a Quorum

1. Joint Meeting with City Council and Board of Library Trustees24-862 6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of a Quorum

2.A Conference with Real Property Negotiators
Pursuant to Gov. Code § 54956.8
Property: Hyatt
Hotel Site located at 5101 Great America
Parkway, Santa Clara, California 95054 (APN: 104-55-012) City Negotiators: Jovan D. Grogan, Glen Googins, Elizabeth Klotz, Eastdil Secured
Negotiating Parties:

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024

2.B Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property:

Techmart Office Complex located at 5201 Great
America Parkway, Santa Clara, California 95054 (APN:
104-55-013)
City Negotiators: Jovan D. Grogan, Glen Googins, Elizabeth Klotz, Eastdil Secured
Negotiating Parties:

Seller: City of Santa Clara, acting as the Successor Agency to the Redevelopment Agency
Buyer: Techmart Owner, LLC
Under Negotiation: Sale of Real Property interest(s), price and terms of payment
24-195
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.

Convene to Closed Session (Council Conference Room)
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS

3. Recognition of STEM Winners for the Santa Clara County 2023 Synopsys Championship Science Fair
24-1506

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024

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

4.A Action on the Minutes of the April 11, 2023 Special Council Meeting; June 13, 2023 Special Council meeting, July 17, 2023 Special Council Meeting; January 30, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting; and February 6, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.
24-149
Approve Minutes of the Minutes of the April 11, 2023
Special Council Meeting; June 13, 2023 Special
Council meeting, July 17, 2023 Special Council
Meeting; January 30, 2024 Joint Council and
Authorities Concurrent and Stadium Authority
Meeting; and February 6, 2024 Joint Council and
Authorities Concurrent and Stadium Authority
Meeting.

Recommendation:

4.B Board, Commissions and Committee Minutes24-03
Note and file the Minutes of:

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024

4.C Action to Accept Federal Funding for the Silicon Valley Power City
of Santa Clara - Fire Station Microgrid Project; Authorize the City Manager to Execute All Agreements and Documents Related to Accepting Federal Funding for an Estimated Amount of $500,000, and Approve Related Budget Amendments
24-1624

1. Accept Federal Funding Under the Community
Project Funding (Grant Funding) administered by
the Department of Energy for an estimated amount
of $500,000 for the Fire Station Microgrid Project
(Project);

2. Authorize the City Manager or designee to execute
any agreements, amendments, and documents
associated with the Grant Funding and to take any
necessary actions in connection with that funding;
provided that any agreements and amendments
shall be subject to the review and approval as to
form by the City Attorney; and

3. Approve FY 2023/24 budget amendment in the
Electric Utility Capital Fund to increase the Other
Agencies Revenue estimate to recognize Grant
Funding in the amount of $500,000 and increase
the Project (CIP 2446) in the same amount the to
bring the total project budget to $4,651,773.89 (five
affirmative Council votes required to
appropriate additional revenue).

Recommendation:

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024

4.D Action on an Agreement with Statewide Traffic Safety and Signs,
Inc. dba Statewide Safety Systems for Traffic Control
Services for Silicon Valley Power
24-1314

1. Determine the proposed actions are exempt from
CEQA pursuant to Section 15301 (Existing
Facilities) of Title 14 of the California Code of
Regulations;

2. Authorize the City Manager to execute an
agreement with Statewide Traffic Safety and Signs
dba Statewide Safety Systems (Agreement) for
traffic control services with a maximum
compensation not to exceed $1,250,000 over a
five-year term when the Agreement is executed and
ending on December 31, 2028, to be funded by the
Electric Utility Funds subject to appropriation of
funds for future years; and

3. Authorize the City Manager to take any actions as
necessary to implement and administer the
Agreement and negotiate and execute
amendments to the Agreement to (a) add or delete
services consistent with their scope of services; (b)
adjust rates based on market conditions or labor
agreement requirements; and (c) increase the
maximum compensation by up to $250,000 for a
total maximum compensation of $1,500,000 over a
five year period, subject to the appropriation of
funds and the review and approval as to form by the
City Attorney.

Recommendation:

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024

4.E Action on Lease Extensions for Properties at 900 Lafayette Street
(Commerce Plaza) and 1000 Lafayette Street (Peddler’s
Plaza) until May 31, 2025, with an option to extend until May 31, 2026
24-112

1. Authorize the City Manager to negotiate and
execute amendments to existing leases at 900
Lafayette Street and 1000 Lafayette to extend
lease terms from May 31, 2024 to May 31,
2025, with the option to extend for up to one
additional year, in final forms approved by the
City Attorney; and

2. Authorize the City Manager to negotiate and
execute amendments to existing leases at 900
Lafayette Street and 1000 Lafayette to
exercise the option and extend lease terms
from May 31, 2025 to May 31, 2026, if needed,
in final forms approved by the City Attorney.

Recommendation:

SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR

5.A Action on Stadium Authority Bills and Claims for the Month of November 2023
24-34
Approve the list of Stadium Authority Bills and Claims
for November 2023.

Recommendation:

5.B Informational Report on Stadium Authority and Stadium Manager
Meetings for the Period of October 1 to December 31,
2023
24-87
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and
corresponding summaries for the period of October 1
to December 31, 2023.

Recommendation:

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

CONSENT ITEMS PULLED FOR DISCUSSION

PUBLIC HEARING/GENERAL BUSINESS

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024

6. Public Hearing: Adoption of a Resolution Ordering the Abatement
of a Nuisance on 228 Identified Parcels Consisting of
Growing Weeds in Accordance with City Code Chapter 8.15 and in Association with the County Weed Abatement Program, for 2023-2024
24-1593

1. Determine the proposed actions are exempt from
CEQA pursuant to Section 15308 (Actions by
Regulatory Agencies for Protection of the
Environment) of Title 14 of the California Code of
Regulations;

2. Adopt a Resolution Ordering the Abatement of a
Nuisance on 228 Identified Parcels Consisting of
Growing Weeds in Accordance with City Code
Chapter 8.15 and in Association with the County
Weed Abatement Program, for 2023-2024
Recommendation:

7. Public Hearing: Action on a Vesting Tentative Map for the Proposed
Development of a 198-Unit Housing Development
with Four Commercial Condominiums at 5185 Lafayette Street 24-1618
Adopt a resolution to approve the Vesting Tentative
Map to subdivide the existing lot with 198 residential
condominium units, four commercial condominium
units, one residential parking condominium unit, and
one commercial parking condominium unit at 5185
Lafayette Street in the form presented, subject to
findings and conditions of approval set forth therein.

Recommendation:

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next scheduled special meeting is on Tuesday, February 27, 2024 in the City Hall Council Chambers.

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Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Agenda February 20, 2024
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

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

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

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

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

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

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MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-862 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Joint Meeting with City Council and Board of Library Trustees

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

DISCUSSION
As a continued commitment to enhance communication between the City Council and boards, committees, and commissions. The City Council will meet with City boards, committees and commissions on an annual basis to share updates.

The Board of Library Trustees is primarily responsible for the establishment, acceptance and continued supervision of the Santa Clara City public library program. The Board develops and enforces bylaws, rules and regulations for the administration of the public library; approves or disapproves the appointment of the City Librarian; accepts donations into the library fund (subject to the approval of the City Council); and contracts with other governmental agencies to render or receive library services (also subject to the approval of the City Council). The five-member Board is comprised of volunteers who are appointed by the City Council.

At the February 20, 2024 meeting, the Board of Library Trustees will provide the City Council with an update on current activities and potential future projects.

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

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

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

Reviewed by: Fiona Kirby, Management Analyst, City Manager’s Office City of Santa Clara Printed on 2/15/2024Page 1 of 2
powered by Legistar™
24-862 Agenda Date: 2/20/2024
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Agenda for Joint Board of Library Trustees City Council Dinner Meeting City of Santa Clara Printed on 2/15/2024Page 2 of 2
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Joint City Council and Board of Library Trustees Meeting

AGENDA
Tuesday, February 20, 2024
5:30 p.m.

City Council Chambers
1500 Warburton Ave.,
Santa Clara, CA 95050

# Agenda Topic Who
1 Welcome Mayor Lisa M. Gillmor
2 Introductions
• City Councilmembers
• Commission Members
• City Staff
All
3 Board of Library Trustees Accomplishments and
Workplan Since Last Council Dinner
All
4 City Manager Updates City Manager Jōvan D.

Grogan

City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-62 Agenda Date: 2/20/2024

SUBJECT
Conference with Real Property Negotiators
Pursuant to Gov. Code § 54956.8
Property: Hyatt Hotel Site located at 5101 Great America Parkway, Santa Clara, California 95054 (APN: 104-55-012)
City Negotiators: Jovan D. Grogan, Glen Googins, Elizabeth Klotz, Eastdil Secured Negotiating Parties:

Seller: City of Santa Clara, acting as the Successor Agency to the Redevelopment Agency Buyer: XHR Acquisitions, LLC
Under Negotiation: Sale of Real Property interest(s), price and terms of payment City of Santa Clara Printed on 2/15/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-195 Agenda Date: 2/20/2024

SUBJECT
Conference with Real Property Negotiators (CC)
Pursuant to Gov. Code § 54956.8
Property: Techmart Office Complex located at 5201 Great America Parkway, Santa Clara, California 95054 (APN: 104-55-013)
City Negotiators: Jovan D. Grogan, Glen Googins, Elizabeth Klotz, Eastdil Secured Negotiating Parties:

Seller: City of Santa Clara, acting as the Successor Agency to the Redevelopment Agency Buyer: Techmart Owner, LLC
Under Negotiation: Sale of Real Property interest(s), price and terms of payment City of Santa Clara Printed on 2/15/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1506 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Recognition of STEM Winners for the Santa Clara County 2023 Synopsys Championship Science Fair

BACKGROUND
The Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) hosts the Synopsys Championship Science Fair to showcase students in Santa Clara County who will become our future scientists, technology experts, engineers, and mathematicians. This regional competition celebrates achievements by middle and high school students.

Participating students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories.

The Synopsys Championship is affiliated with the Society for Science, and selects projects which go on to compete in other state and national competitions, including the International Science & Engineering Fair. Every participating student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public.

DISCUSSION
On February 20, 2024, the City Council will recognize the student winners from the City of Santa Clara who participated in the Santa Clara County 2023 Synopsys Championship Science Fair.

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

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

City of Santa Clara Printed on 2/15/2024Page 1 of 2
powered by Legistar™
24-1506 Agenda Date: 2/20/2024
Reviewed by: Fiona Kirby, Management Analyst, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Printed on 2/15/2024Page 2 of 2
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-149 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Action on the Minutes of the April 11, 2023 Special Council Meeting; June 13, 2023 Special Council meeting, July 17, 2023 Special Council Meeting; January 30, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting; and February 6, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

RECOMMENDATION
Promote Community Engagement and Transparency

RECOMMENDATION
Approve Minutes of the Minutes of the April 11, 2023 Special Council Meeting; June 13, 2023 Special Council meeting, July 17, 2023 Special Council Meeting; January 30, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting; and February 6, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

City of Santa Clara Printed on 2/15/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Meeting Minutes
Special Council Meeting
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
04/11/2023
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669)900-9306
How to Submit Written Public Comment Before City Council Meeting:

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

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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04/11/2023
Special Council Meeting
Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on April 11, 2023, at 5:00 pm for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them. 5:00 PM SPECIAL COUNCIL MEETING
Call to Order
Assistant City Clerk Pimentel called the meeting to order at 5:00 p.m.

Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.

Councilmember Jain recited the Statement of Values.

Assistant City Clerk Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

Roll Call
Councilmember Kathy Watanabe, Councilmember Karen Hardy, Vice Present: 5 - Mayor Kevin Park, Councilmember Suds Jain, and Councilmember Anthony Becker

Absent: 2 - Councilmember Raj Chahal, and Mayor Lisa M. Gillmor Motion was made by Councilmember Jain, seconded by
Councilmember Hardy to excuse the absences of both
Councilmember Chahal and Mayor Gillmor.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Excused: 2 - Councilmember Chahal, and Mayor Gillmor

INTERVIEWS

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04/11/2023
Special Council Meeting
Meeting Minutes

1. 23-513 Action on Appointment of Members to the Santa Clara Station Area Plan Task Force (SATF)
Recommendation: 1. Appoint four additional Task Force members from the eight applicant interviews.

Community Development Assistant Director Brilliot gave a verbal report on the logistics of the appointments to the Station Area Task Force.

Assistant City Clerk Pimentel provided a verbal report on the interview and appointment process to be followed.

Council conducted interviews virtually via Zoom and in person to appoint four members to the Station Area Task Force.

The following applicants provided a three-minute introduction, addressed Council questions, and closed with a one-minute statement:

Rich Blanco - Transportation Representative
Raymond Hashimoto
Jill Hough
Daniel Huynh
Shruti Mirashi
Hari Ojha
Dylan Plane
Michael Stockwell
Community Development Assistant Director Brilliot responded to Council questions.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to approve the voting method of one single vote each to represent the categories of Transportation and Business Community; and two votes for the At-Large
representation.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Excused: 2 - Councilmember Chahal, and Mayor Gillmor

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04/11/2023
Special Council Meeting
Meeting Minutes
Council cast their votes for their top applicant for the Business Community Representative:

Councilmember Watanabe: Hari Ojha
Councilmember Hardy: Dylan Plane
Councilmember Jain: Dylan Plane
Councilmember Becker: Dylan Plane
Vice Mayor Park: Dylan Plane
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to appoint Dylan Plane to the Station Area Task Force as the Business Community Representative.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Excused: Councilmember Chahal, and Mayor Gillmor2 -
Council cast their votes for their top applicant for the Transportation Advocate:

Councilmember Watanabe: Jill Hough
Councilmember Hardy: Jill Hough
Councilmember Jain: Jill Hough
Councilmember Becker: Rich Blanco
Vice Mayor Park: Rich Blanco
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy,to appoint Jill Hough to the Station Area Task Force as the Transportation Advocate.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Excused: 2 - Councilmember Chahal, and Mayor Gillmor

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04/11/2023
Special Council Meeting
Meeting Minutes
Council cast their votes for their two top applicants for the Station Area Task Force At-Large Representative:

Councilmember Watanabe: Raymond Hashimoto and Michael Stockwell Councilmember Hardy: Raymond Hashimoto and Michael Stockwell Councilmember Jain: Raymond Hashimoto and Shruti Mirashi Councilmember Becker: Daniel Huynh and Michael Stockwell Vice Mayor Park: Daniel Huynh and Michael Stockwell
A motion was made by Councilmember Becerk, seconded by
Councilmember Hardy, to appoint Raymond Hashimoto and Michael Stockwell to the Station Area Task force as the At-Large representatives.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Excused: 2 - Councilmember Chahal, and Mayor Gillmor
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to establish an alternative list should a vacancy occur: Rich Blanco, Transportation Advocate; Hari Ojha, Business Community Representative; and Daniel Huynh At-Large Representative.

Aye: Councilmember Watanabe, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Excused: 2 - Councilmember Chahal, and Mayor Gillmor

REPORTS OF MEMBERS AND SPECIAL COMMITTEES
Councilmember Hardy reported water conservation modification by Governor Newsom, but urged residents to still conserve water.

Vice Mayor Park reported on National Sikh Day and acknowledged the Sikh community.

ADJOURNMENT
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adjourn the meeting at 7:09 PM.

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

Page 5 ends

Excused: 2 - Councilmember Chahal, and Mayor Gillmor
The next regular scheduled meeting is on Tuesday, April 18, 2023 in the City Hall Council Chambers. 04/11/2023
Special Council Meeting
Meeting Minutes

MEETING DISCLOSURES

Page 6 ends

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

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

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

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

City of Santa Clara
Meeting Minutes
Special Council Meeting
Draft
5:30 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
06/13/2023
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

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

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

Page 1 ends

06/13/2023
Special Council Meeting
Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on June 13, 2023, at 5:30 p.m. for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California and by teleconference, to consider the following matter(s) and to potentially take action with respect to them. 5:30 PM SPECIAL COUNCIL MEETING
Call to Order
Mayor Gillmor called the meeting to order at 5:32 p.m.

Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.

Councilmember Jain recited the Statement of Values.

Assistant City Clerk Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

Roll Call
Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Vice Mayor Kevin Park,
Councilmember Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -

INTERVIEWS

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06/13/2023
Special Council Meeting
Meeting Minutes

1.A 23-762 Interviews and Action to Appoint One Applicant to the Senior Advisory Commission to Serve One Full Term Ending June 30, 2027
Recommendation: 1. Appoint one Applicant to the Senior Advisory Commission to Serve One Full Term Ending June 30, 2027; and

2. Establish an Eligibility List for Six Months should a Vacancy Occur Mayor Gillmor provided a verbal report on the interview and appointment process.

Council conducted in-person interviews to appoint one commissioner to the Senior Advisory Commission to serve a full-term ending June 30, 2027; and to establish an eligibility list that may be used to fill future vacancies that may occur during the next six months.

A motion was made by Councilmember Becker, seconded by
Councilmember Chahal, to appoint Maria Vaz to the Senior Advisory Commission for a full-term ending June 30, 2027.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
A motion was made by Councilmember Becker, seconded by
Councilmember Jain, to establish a Senior Advisory Commission Eligibility List with Srinivasan Manivannan for an automatic appointment to fill a future vacancy, noting the Eligibility List expires in six months.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Nay: Vice Mayor Park1 -

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06/13/2023
Special Council Meeting
Meeting Minutes

1.B 23-799 Interviews and Action to Appoint One Applicant to the Historical and Landmarks Commission to Serve One Full Term Ending June 30, 2027 Recommendation: 1. Appoint one applicant to the Historical and Landmarks Commission to Serve a Full Term ending June 30, 2027; and

2. Establish an eligibility list should a vacancy occur within the next six months.

Council conducted in-person interviews to appoint one commissioner to the Historical and Landmarks Commission to serve a full-term ending June 30, 2027; and to establish an eligibility list that may be used to fill future vacancies that may occur during the next six months.

A motion was made by Councilmember Becker, seconded by
Councilmember Jain to appoint Yvonne Inciarte to the Historical and Landmarks Commission for a full-term ending June 30, 2027; and to establish a Historical and Landmarks Commission Eligibility List with Neetu Garg for an automatic appointment to fill a future vacancy, noting the Eligibility List expires in six months.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Nay: Vice Mayor Park1 -

1.C 23-803
Interviews and Action to Appoint One Applicant to the Cultural Commission to Serve One Partial Term Ending June 30, 2025
Recommendation:

1. Appoint one Applicant to the Cultural Commission to Serve One Partial Term Ending June 30, 2025; and

2. Establish an Eligibility List for Six Months should a Vacancy Occur Assistant City Clerk Pimentel noted for the record that there were a total of three applicants who withdrew from the interview/appointment process.

Council conducted interviews both virtually via zoom and in-person to appoint one commissioner to the Cultural Commission to serve a partial-term ending June 30, 2025; and to establish an eligibility list that may be used to fill future vacancies that may occur during the next six months.

A motion was made by Councilmember Chahal, seconded by
Councilmember Hardy, to appoint Neetu Garg to the Cultural Commission for a partial-term ending June 30, 2025; and to establish a Cultural Commission Eligibility List with Kaushal Varshney for an automatic appointment to fill a future vacancy, noting the Eligibility List expires in six months.

Page 4 ends

06/13/2023
Special Council Meeting
Meeting Minutes

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

1.D 23-804
Interviews and Action to Appoint One Applicant to the Planning Commission to Serve One Partial Term Ending June 30, 2024 Recommendation:

1. Appoint one applicant to the Planning Commission to serve a partial term ending June 30, 2024; and

2. Establish an eligibility list should a vacancy occur within the next six months.

Council conducted in-person interviews to appoint one commissioner to the Planning Commission to serve a partial-term ending June 30, 2024; and to establish an eligibility list that may be used to fill future vacancies that may occur during the next six months.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to appoint Eric Crutchlow to the Planning Commission for a partial term ending June 30, 2024; and to establish a Planning Commission Eligibility List with Kaushal Varshney for an automatic appointment to fill a future vacancy, noting the Eligibility List expires in six months.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

ADJOURNMENT
A motion was made by Councilmember Chahal , seconded by Vice Mayor Park, to adjourn the meeting at 8:00 p.m.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
The next regular scheduled meeting is on Tuesday, June 27, 2023 in the City Hall Council Chambers.

Page 5 ends

06/13/2023
Special Council Meeting
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

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

Page 6 ends

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Special Council Meeting
Draft
5:30 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
07/17/2023
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669)900-6833
How to Submit Written Public Comment Before City Council Meeting:

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

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you many contact the Office of the City Clerk at (408) 615-2220 or [email protected].

Page 1 ends

07/17/2023
Special Council Meeting
Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor calls for a Special Meeting of the City Council of the City of Santa Clara, to commence and convene on July 17, 2023, at 5:30 pm for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, and virtually to consider the following matter(s) and to potentially take action with respect to them. 5:30 PM SPECIAL COUNCIL MEETING
Call to Order
Mayor Gillmor called the meeting to order at 5:33 p.m.

Pledge of Allegiance and Statement of Values
Council recited the Pledge of Allegiance.

Councilmember Jain recited the Statement of Values.

Assistant City ClerkPimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

Roll Call
Councilmember Kathy Watanabe, Councilmember Raj Chahal, Councilmember Karen Hardy, Vice Mayor Kevin Park,
Councilmember Suds Jain, Councilmember Anthony Becker, and Mayor Lisa M. Gillmor

Present: 7 -

PUBLIC HEARING/GENERAL BUSINESS

Page 2 ends

07/17/2023
Special Council Meeting
Meeting Minutes

1.A 23-883 Interviews and Action to Appoint One Applicant to the Parks and Recreation Commission to Serve One Full Term Ending June 30, 2027 Recommendation: 1. Appoint one Applicant to the Parks and Recreation Commission to Serve One Full Term Ending June 30, 2027; and

2. Establish an Eligibility List for Six Months should a Vacancy Occur Councilmember Watanabe announced that she would abstain from this particular item due to the manner in which the position became vacant.

Assistant City Clerk Pimentel noted for the record that the Council would be interviewing third applicants.

Council conducted both virtual and in-person interviews to appoint a commissioner to serve on the Parks and Recreation Commission for a full-term ending June 30, 2027.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Park, to appoint Vikas Gupta to the Parks and Recreation Commission for a full-term ending June 30, 2027.

Aye: Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor 6 -
Abstained: Councilmember Watanabe1 -

Page 3 ends

07/17/2023
Special Council Meeting
Meeting Minutes

1.B 23-884 Action to Declare One Vacancy Due to a Resignation, Interview Applicants and Appoint Three Applicants to the Bicycle and Pedestrian Advisory Committee to Serve One Full Term Each Ending June 30, 2027 and One Applicant to Serve a Partial Term Ending June 20, 2024
Recommendation:

1. Appoint three Applicants to the Bicycle and Pedestrian Advisory Committee to Serve a Full Term each Ending June 30, 2027; and One Applicant to Serve a Partial Term Ending June 30, 2024

2. Establish an Eligibility List for Six Months should a Vacancy Occur Council conducted both virtual and in-person interviews to appoint three committee members to the Bicycle and Pedestrian Advisory Committee for a full-term each ending June 30, 2027; and appoint one committee member to a partial term ending June 30, 2024; and establish an eligibility list for six months should a vacancy occur.

Mayor Gillmor called for a meeting recess at 7:39 p.m. and reconvened the meeting at 7:43 p.m.

A motion was made by Councilmember Chahal, seconded by
Becker, to declare a vacancy due to a resent resignation and to appoint Betsy Megas to the Bicycle and Pedestrian Advisory Committee for a partial term ending June 30, 2024.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
A motion was made by Vice Mayor Park, seconded by
Councilmember Chahal, to appoint Ashish Joshi, James Paressenti, and Clark Seninger for a full-term each ending June 30, 2027.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
A motion was made by Vice Mayor Park, seconded by
Councilmember Jain, to establish an Eligibility List with Ken Kratz for an automatic appointment to fill a future vacancy, noting the Eligibility List expires in six months.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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07/17/2023
Special Council Meeting
Meeting Minutes

1.C 23-885 Interviews and Action to Appoint One Applicant to the Civil Service Commission to Serve One Partial Term Ending June 30, 2025 and Two Applicants to Full Terms Each Ending June 30, 2027
Recommendation:

1. Appoint one Applicant to Serve a Partial Term ending June 30, 2025 and Two Applicants to Full Terms Each Ending June 30, 2027 on the Civil Service Commission; and

2. Establish an Eligibility List for Six Months should a Vacancy Occur Assistant City Clerk Pimentel noted for the record that there was one applicant who withdrew from the interview/appointment process.

Council conducted both virtual and in-person interviews to appoint two commissioners to the Civil Service Commission for a full-term each ending June 30, 2027; and appoint one commissioner to a partial term ending June 30, 2025; and establish an eligibility list for six months should a vacancy occur.

Assistant City Clerk Pimentel noted for the record that the last applicant withdrew from the process due to an emergency.

A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to appoint Wesley Dudzinski to the Civil Service Commission for a partial term June 30, 2025.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
A motion was made by Councilmember Chahal, seconded by
Councilmember Becker, to appoint Ron Billingsley, and Arti Purohit to the Civil Service Commission for a full-term each ending June 30, 2027.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

ADJOURNMENT
A motion was made by Councilmember Becker, seconded by
Councilmember Hardy, to adjourn the meeting at 8:20 p.m.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

Page 5 ends

The next regular scheduled meeting is on Tuesday, July 18, 2023 in the City Hall Council Chambers. 07/17/2023
Special Council Meeting
Meeting Minutes

MEETING DISCLOSURES

Page 6 ends

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

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

City of Santa Clara
Meeting Minutes
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
01/30/2024
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

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

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

Page 1 ends

01/30/2024Joint Council and Authorities
Concurrent & Stadium Authority Board
Meeting Minutes
Joint Dinner - 5:00 PM | Closed Session - 6:00 PM | Regular Meeting - 7:00 PM 5:00 PM JOINT DINNER
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 5:04 p.m.

Roll Call
Council/Boardmember Park arrived at 5:20 p.m.

Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Council/Boardmember Kevin Park, Counncil/Boardmember Suds Jain, Council/Boardmember Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 7 -

1. 24-1427 Joint Dinner Meeting with City Council and the Planning Commission Chair Cherukuru gave a PowerPoint presentation on the Planning Commission's accomplishments.

Planning Commission and Council comments followed.

Chair Cherukuru gave closing remarks.
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the Closed Session meeting to order at 6:24 p.m.

2. 24-1628 Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jovan D. Grogan, Nadine Nader, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):

Units # 5, 7 & 8 - City of Santa Clara Employees Association Public Comment
There were none.

Convene to Closed Session (Council Conference Room)
Mayor Gillmor convened the meeting into Closed Session at 6:26 p.m.

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01/30/2024Joint Council and Authorities
Concurrent & Stadium Authority Board
Meeting Minutes
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 7:07 p.m.

Council/Boardmember Park was not present when the
meeting was called and arrived at 7:08 p.m.

Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.

Council/Boardmember Jain recited the Statement of Values.

Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk/Secretary Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
City Attorney/Legal Counsel Googins stated there was no reportable action taken in Closed Session.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.

SPECIAL ORDER OF BUSINESS

3. 24-1454 Recognize the Association of Indo Americans with a Commendation Mayor Gillmor on behalf of the Council recognized the Association of Indo Americans.

Vijaya Aasuri accepted the proclamation and provided a few remarks.

Council comments followed.

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01/30/2024Joint Council and Authorities
Concurrent & Stadium Authority Board
Meeting Minutes

CONSENT CALENDAR
Council/Boardmember Park recused himself from voting on Item 4.J due to a potential conflict of interest due to his personal residence being in close proximity to one of the properties.

A motion was made by Council/Boardmember Chahal, seconded by Vice Mayor/Chair Becker, to approve the Consent Calendar.

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor Chair Gillmor 7 -

4.A 24-1899 Action on the Minutes of the December 5, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; December 12, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; December 19, 2023 Special Joint Meetings of the Council and Stadium Authority; and January 9, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Recommendation:

Approve Minutes of December 5, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; December 12, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; December 19, 2023 Special Joint Meetings of the Council and Stadium Authority; and January 9, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

A motion was made by Council/Boardmember Chahal, seconded by Council/Boardmember Becker, to approve the minutes of the December 5, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; December 12, 2023 Joint Council and Authorities Concurrent and Stadium Authority Meeting; December 19, 2023 Special Joint Meetings of the Council and Stadium Authority; and January 9, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting.

Aye:

Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor Chair Gillmor
7 -

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01/30/2024Joint Council and Authorities
Concurrent & Stadium Authority Board
Meeting Minutes

4.B 24-01 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Youth Commission - November 14, 2023
Historical and Landmarks Commission - October 5, 2023
Board of Library Trustees Minutes - November 6, 2023
Board of Library Trustees Minutes - December 4, 2023
Cultural Commission - December 4, 2023
Parks & Recreation Commission - November 21, 2023
Senior Advisory Commission - November 27, 2023
A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to note and file the minutes of the November 14, 2023 Youth Commission meeting; October 5, 2023 Historical and Landmarks Commission meeting; November 6, 2023 Board of Library Trustees meeting; December 4, 2023 Board of Library Trustees meeting; December 4, 2023 Cultural Commission meeting; November 21, 2023 Parks & Recreation Commission; and
November 27, 2023 Senior Advisory Commission.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.C 24-1389
Action on City Bills and Claims Report for the period October 14, 2023 - November 10, 2023
Recommendation:

Approve the list of Bills and Claims for October 14, 2023 - November 10, 2023.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to approve the list of Bills and Claims for October 14, 2023 - November 10, 2023.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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01/30/2024Joint Council and Authorities
Concurrent & Stadium Authority Board
Meeting Minutes

4.D 24-1592 Action on a Resolution Accepting the AB1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2023
Recommendation: Adopt a Resolution accepting the AB1600 Report on Development Impact Fees for fiscal year ending June 30, 2023 and making findings regarding the continuing need for the unexpended balances of certain impact fees as of June 22, 2023.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to adopt Resolution 24-9301 accepting the AB1600 Report on Development Impact Fees for fiscal year ending June 30, 2023 and making findings regarding the continuing need for the unexpended balances of certain impact fees as of June 22, 2023.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.E 24-1360
Approval of the Annual Investment Policy Statement for the City of Santa Clara, its Agencies and Corporations
Recommendation:

Approve the Annual Investment Policy Statement for the City of Santa Clara, its agencies and corporations.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to approve the Annual Investment Policy Statement for the City of Santa Clara, its agencies and corporations.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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4.F 24-1412 Action on Award of Contract for the Great America Parkway and Tasman Drive Traffic Signal Interconnect Project to W. Bradley Electric and Related Budget Amendment
Recommendation:

1. Determine the project to be exempt under CEQA Guidelines Section 15301 (Class 1) Categorical Exemption;

2. Award the Public Works Contract for the Great America Parkway and Tasman Drive Traffic Signal Interconnect Project to the lowest responsive and responsible bidder, W. Bradley Electric, in the amount of $752,362 and authorize the City Manager to execute any and all documents associated with and necessary for the award, completion, and acceptance of this Project, in final forms approved by the City Attorney;

3. Authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $112,855, for a total not-to-exceed amount of $865,217; and

4. Approve the FY 2023/24 budget amendment in the Streets and Highways Capital Fund to decrease the Traffic Signal Enhancements Project (533-1219) and increase the Traffic Signal Interconnect Upgrade Project (533-1232) by $697,415 (majority affirmative Council votes required).

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to determine the project to be exempt under CEQA Guidelines Section 15301 (Class 1) Categorical Exemption; to award the Public Works Contract for the Great America Parkway and Tasman Drive Traffic Signal Interconnect Project to the lowest responsive and responsible bidder, W. Bradley Electric, in the amount of $752,362 and authorize the City Manager to execute any and all documents associated with and necessary for the award, completion, and acceptance of this Project, in final forms approved by the City Attorney; to authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $112,855, for a total not-to-exceed amount of $865,217; and to approve the FY 2023/24 budget amendment in the Streets and Highways Capital Fund to decrease the Traffic Signal Enhancements Project (533-1219) and increase the Traffic Signal Interconnect Upgrade Project (533-1232) by $697,415.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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4.G 24-1416 Action on Award of Contract for the Bassett and Laurelwood Bicycle Lane Project to O’Grady Paving, Inc. and Related Budget Amendment Recommendation: 1. Determine the project to be exempt under CEQA Guidelines Section 15301 (Class 1) Categorical Exemption;

2. Award the Public Works Contract for the Bassett and Laurelwood Bicycle Lane Project (CE 19-20-07), to the lowest responsive and responsible bidder, O’Grady Paving, Inc, in the amount of $1,130,000 and authorize the City Manager to execute any and all documents associated with and necessary for the award, completion, and acceptance of this Project, in a final form approved by the City Attorney;

3. Authorize the City Manager to execute change orders up to approximately 10 percent of the original contract price, or $113,000, for a total contract not to exceed amount of $1,243,000; and

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

A. In the Streets and Highways Capital Fund, recognize a transfer from the Water Utility Capital Fund in the amount of $1,500 and a transfer from the Sewer Utility Capital Fund in the amount of $13,200, decrease the Uncontrolled Crosswalk Improvement Project by $380,000 (to replace the funding source for the Central Santa Clara Bicycle and Pedestrian Improvement Project), decrease the Pedestrian and Bicycle Enhancement Facilities Project by a net of $30,000 ($380,000 returned from the Central Santa Clara Bicycle and Pedestrian Improvement Project and reallocating $410,000 to the Bassett and Laurelwood Bicycle Lane Project), and increase the Bassett and Laurelwood Bicycle Lane Project by $424,700 (five affirmative Council votes required to appropriate additional revenue);
B. In the Water Utility Capital Fund, establish a transfer to the Streets and Highways Capital Fund and decrease the
Distribution System Replacement/Restoration project by $1,500 (majority affirmative Council votes required); and
C. In the Sewer Utility Capital Fund, establish a transfer to the Streets and Highways Capital Fund and decrease the Sanitary Sewer System Improvements project by $13,200. (majority affirmative Council votes required).

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by the City Attorney; to authorize the City Manager to execute change orders up to approximately 15 percent of the original contract price, or $112,855, for a total not-to-exceed amount of $865,217; and to approve the FY 2023/24 budget amendment in the Streets and Highways Capital Fund to decrease the Traffic Signal Enhancements Project (533-1219) and increase the Traffic Signal Interconnect Upgrade Project (533-1232) by $697,415.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.H 24-1536
Action on the Amendments to Council Policy 007 (“Constituent Requests Addressed to City Council”) as Recommended by the Governance and Ethics Committee
Recommendation:

Adopt a resolution amending Council Policy 007 (“Constituent Complaints Addressed to Council”) in the form presented.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to adopt Resolution 24-9302 amending Council Policy 007 (“Constituent Complaints Addressed to Council”) in the form presented.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

4.I 24-1565
Action on the Amendments to Council Policy 041 (“Public Submittal of Written and Digital Materials”) as Recommended by the Governance and Ethics Committee
Recommendation:

Adopt a Resolution amending Council Policy 041 (“Public Submittal of Written and Digital Materials”) in the form presented.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to adopt Resolution 24-9303 amending Council Policy 041 (“Public Submittal of Written and Digital Materials”) in the form presented.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

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4.J 24-1609 Action on Authorizing the Use of City Electric Forces at Various Locations Recommendation: 1. Determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2300 Agnew Road, 3131 Homestead Avenue, 2310 Calle Del Mundo, 795 Comstock Street, and 750 Washington Street 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 these public works consistent with this authorization.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2300 Agnew Road, 3131 Homestead Avenue, 2310 Calle Del Mundo, 795
Comstock Street, and 750 Washington Street 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 these public works consistent with this authorization.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
6 -
Recused: Vice Mayor Park1 -

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4.K 24-1590 Action on Adoption of a Resolution Declaring Weeds a Public Nuisance and Setting February 20, 2024, for Public Hearing to Consider Testimony Regarding Non-Compliant Lots
Recommendation:

1. Determine the proposed actions are exempt from CEQA pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of Title 14 of the California Code of Regulations;

2. Adopt a Resolution ordering the abatement of nuisance consisting of growing weeds in the City; and

3. Set February 20, 2024, as the date for the required Public Hearing to consider testimony regarding non-compliant lots.

A motion was made by Councilmember Chahal, seconded by Vice Mayor Becker, to determine the proposed actions are exempt from CEQA pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of Title 14 of the California Code of Regulations; to adopt Resolution 24-9304 ordering the abatement of nuisance consisting of growing weeds in the City; and to set February 20, 2024, as the date for the required Public Hearing to consider testimony regarding non-compliant lots.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -

PUBLIC PRESENTATIONS
Angela Adams urged the Council to implement labor standards for construction projects in the City that includes hiring local workers, affordable healthcare, and having an apprenticeship program.

Jaime Vasquez requested the Council to prioritize implementing labor standards for construction projects in the City.

Howard Gibbins thanked City staff for their help with curbing illegal vending at Levi’s Stadium. He also thanked the Parks and Recreation Department for organizing events at City parks.

James Rowan provided brief remarks about generational differences.

CONSENT ITEMS PULLED FOR DISCUSSION
There were no Consent Items pulled.

PUBLIC HEARING/GENERAL BUSINESS

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5. 24-90 Discussion of the George F. Haines International Swim Center Visual Observation Assessment Conducted by LPA, Inc. and an Overview of Next Steps
Recommendation:

Note and File Report
City Manager Grogan provided brief introduction on this agenda item.

Arash Izadi and Steven Key of LPA Inc. provided a PowerPoint presentation on the visual observation assessment on the George F.

Haines International Swim Center
Finance Director Lee provided a Powerpoint presentation on the City’s Capital Improvement Program approach.

Assistant City Manager/Acting Director of Parks and Recreation Bojorquez provided a Powerpoint presentation on the next steps and actions taken.

Council questions followed.

City Manager Grogan and Consultant Izadi responded to Council questions.

Mayor Gillmor opened Public Comment and stated that after 39 speakers, the time limit for speaking will be reduced to one minute.

Public Comment:

Tanay Gupta
Lizelle Obusan
Jacob Bourdon
Nicholas Sifferman
Solly Berkenwald
Olivia Perez
Shawn
Isaiah Jarvis
Public Speaker
Reba Mukerjee (4 mins - time given by Ta-Ko Chuang)
Mary Grizzle
Vikas Gupta (6 mins - time given by Shilpa Khandelwal, Amit Khandelwal) Rick Rutter
Chris Carver (4 mins - time given by Arash Shakeri)
Todd Spohn
Kevin Zacher
Karen Cornwell (4 mins - time given by Victory Huynh)
Pamela Espinoza

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Amanda Pease
Daria Cocol
Dave Meck
Jicksen Joy
Carissa Hobbs
Eileen Tse
Satish Vale (4 mins - time given Kaushal Varshney)
Alex Rivein
Aydin Birik
Pete Delaney
Yin Kuang
Cecilia Altamirano
Yvonne Ngo (4 mins - time given by Mike Ngo)
Qing Xu
Edem Ibrazimov
Roger Greedon
Victor Dang
Misha Tennety
Madison Tuong
Public Speaker
eComments:

Mark Co
Megumi Masuda
Jan Kooy
Sarika Singh
Trevor Gillis
Priyanka Khandelwal
Madika Bryant
Anatoliy Loffe
Lu Xiao
Teresa ONeill
Tim Chen
Council comments followed.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to direct staff to take action to immediately get water at reasonable rates; look into re-opening the lap pool and training pool in compliance with code; include portable restroom/showers, and locker room facilities; investigate the use of two temporary pools (i.e. Myrtha pools for lap and diving pool), have staff continue working on long-term solutions; and to note and file the report.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, Councilmember Becker, and Mayor Gillmor
7 -
Mayor/Chair Gillmor called for a meeting recess at 11:32 p.m. and

reconvened the meeting at 11:44 p.m.

SANTA CLARA STADIUM AUTHORITY BOARD GENERAL BUSINESS

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6. 24-107 Action on a Proposed 10-Year Extension to the Stadium Naming Rights Agreement with Levi Strauss & Co., a Related Implementation Agreement with Forty Niners SC Stadium Company LLC (StadCo), and Delegation of Authority to the City Manager to Implement a Charitable Grants Agreement Recommendation:

1. Approve a First Amendment to the Naming Rights Agreement with Levi Strauss & Co. that will provide a 10-year extension and additional Naming Rights revenue to the Stadium Authority on the terms presented, in a final form approved by Authority Counsel;

2. Approve a Levi’s Stadium Naming Rights Extension and Enhanced Signage Project Implementation Agreement with Forty Niners SC Stadium Company LLC (StadCo) to coordinate the Enhanced Sign Project and the share in the costs for the design, construction, and installation of the signage, and memorialize StadCo’s $4 million charitable commitment over 20 years, on the terms presented, in a final form approved by Authority Counsel; and

3. Authorize the City Manager to negotiate and execute a grants agreement and take other actions as may be required to implement StadCo’s charitable commitment, in final form(s) approved by the City Attorney.

Executive Director Grogan introduced the Item.

Assistant City Manager Baker provided a PowerPoint presentation on the proposed 10-year extension to the Stadium Naming Rights Agreement with Levi Strauss & Co.

Board questions followed.

Executive Director Grogan, Assistant City Manager Baker, and Authority Counsel Googins responded to Board questions.

Public Comment:

Brian Darby
A motion was made by Councilmember Hardy, seconded by
Councilmember Chahal, to approve a First Amendment to the Naming Rights Agreement with Levi Strauss & Co. that will provide a 10-year extension and additional Naming Rights revenue to the Stadium Authority on the terms presented, in a final form approved by Authority Counsel; to approve a Levi’s Stadium Naming Rights Extension and Enhanced Signage Project Implementation
Agreement with Forty Niners SC Stadium Company LLC (StadCo) to coordinate the Enhanced Sign Project and the share in the costs for the design, construction, and installation of the signage, and memorialize StadCo’s $4 million charitable commitment over 20

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years, on the terms presented, in a final form approved by Authority Counsel; and authorize the City Manager to negotiate and execute a grants agreement and take other actions as may be required to implement StadCo’s charitable commitment, in final form(s) approved by the City Attorney.

Aye:

Boardmember Watanabe, Boardmember Chahal, Boardmember
Hardy, Boardmember Park, Boardmember Jain, Boardmember
Becker, and Chair Gillmor
7 -

CITY COUNCIL GENERAL BUSINESS

7. 24-1413 Action on Appointments to City Committees and Outside Agency Committees for the 2024 Calendar Year
Recommendation: Approve the Appointments to the 2024 City Committees and Outside Agency Committees with any additional amendments
Council discussion followed with suggested changes.

A motion was made by Councilmember Watanabe, seconded by Mayor Gillmor to reinstate Councilmember Watanabe as the liaison to the Santa Clara Sister Cities Association.

A substitute motion was made by Councilmember Jain, seconded by Councilmember Hardy, to keep Councilmember Park as liaison to the Santa Clara Sister Cities Association, reinstate Vice Mayor Becker as chair of the Economic Development, Communications, and Marketing Committee, and approve the remaining proposed City Committees and Outside Agencies for the 2024 Calendar Year.

A motion was made by Councilmember Jain, seconded by
Councilmember Hardy, to accept the substitute motion.

Aye: Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -

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Public Comment:

Brian Darby
A friendly amendment was made on the substitute motion by Councilmember Jain, seconded by Councilmember Hardy, to keep Councilmember Park as liaison to the Santa Clara Sister Cities Association; reinstate Vice Mayor Becker as chair of the Economic Development, Communications, and Marketing Committee; move Mayor Gillmor as the Alternate Member on the Governance and Ethics Committee and add Councilmember Park as a member; move Councilmember Watanabe as an Alternate Member to the Economic Development, Communications, and Marketing
Committee and add Councilmember Chahal as a member; and approve the remaining proposed City Committees and Outside Agencies for the 2024 Calendar Year.

Aye: Councilmember Chahal, Councilmember Hardy, Vice Mayor Park, Councilmember Jain, and Councilmember Becker
5 -
Nay: Councilmember Watanabe, and Mayor Gillmor2 -

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REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS Councilmember Jain reported that COVID infection rates are up and encouraged the public to get vaccinated. He also reported that Showtime 2024 will be held on March 2 at 7pm and March 3 at 2:00 p.m. and that tickets are on sale now. Lastly, Councilmember Jain reported that he attended the National California Power Agency Conference on January 18 in Sacramento.

Councilmember Watanabe reported that she attended the Human Trafficking Commission meeting in San Jose and thanked City staff for the work on the flood at the Rivermark area.

Vice Mayor Becker stated that residents have requested a town hall discussion on Measure B and asked City staff to look into setting one up.

Councilmember Hardy reported that she attended the League of California Cities Mayors and Councilmembers Academy in Monterey on January 24-26.

Councilmember Chahal reported that she attended the League of California Cities Mayors and Councilmembers Academy in Monterey on January 24-26.

Councilmember Park reported that she attended the League of California Cities Mayors and Councilmembers Academy in Monterey on January 24-26.

Mayor Gillmor reported that she attended the U.S. Conference of Mayors winter meeting on January 17-19 in Washington, D.C.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT
City Manager/Executive Director Grogan stated that he is still gathering information on the NFL Christmas game held in 2022 and 2023 as requested by Council/Boardmember Watanabe and will provide an update at a future Council/Board meeting.

ADJOURNMENT
A motion was made by Vice Mayor/Chair Becker, seconded by Council/Boardmember Chahal, to adjourn the meeting at 1:04 a.m. on January 31, 2024.

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

In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

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

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MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Joint Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Draft
5:30 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
02/06/2024
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

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

Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].

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Joint Dinner - 5:30 PM | Regular Meeting - 7:00 PM
5:30 PM JOINT DINNER
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 5:40 p.m.

Roll Call
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Karen Hardy, Council/
Boardmember Kevin Park, Council/Board member Suds Jain, Vice Mayor/Chair Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 7 -

1. 24-1428 Joint Meeting with City Council and the Historical and Landmarks Commission
Historical and Landmark Commissioners present were:

Ana Vargas-smith
Yvonne Inciarte
Patricia Leung
Michael Celso (arrived at 6:07 p.m.)
Chair Vargas-Smith and Commissioner Leung gave a PowerPoint presentation on the Historical and Landmarks Commission accomplishments for Calendar Year 2023 and Commission priorities for Council consideration.

Commission comments followed.

Council comments followed.

Councilmember Park left the meeting at 6:28 p.m.

Chair Vargas-Smith responded to questions and gave closing remarks.

Mayor Gillmor adjourned the joint dinner at 6:43 p.m.
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY MEETING
Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 7:07 p.m

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Pledge of Allegiance and Statement of Values
Council/Board recited the Pledge of Allegiance.

Council/Boardmember Jain recited the Statement of Values.

Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

Assistant City Clerk/Secretary Pimentel also noted that any registered Lobbyist speaking during Public Meeting will need to identify themselves and who they represent.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
There were none.

SPECIAL ORDER OF BUSINESS

2.A 24-1464 Proclaim February 2024 as Black History Month Mayor Gillmor proclaimed February 2024 as Black History Month.

African American Community Agency Associate Director Levere Foster and Reverend Jethroe Moore of the San Jose/Silicon Valley Chapter of the National Association for the Advancement of Colored People accepted the proclamation and provided brief remarks.

Councilmember Park returned to the dais at 7:15 p.m.

2.B 24-89 Recognition of the Santa Clara Lions 12U Team Mayor Gillmor recognized the Santa Clara Lion 12U Football Team The Wildcats for winning the Pacific Northwest Championship Division II Title.

Coach Roger Young of the Santa Clara Lions accepted the commendation and gave a few remarks.

CONSENT CALENDAR
Council/Boardmember Jain pulled Item 4 for discussion.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to approve the remainder of the Consent Calendar.

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Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

3.A 24-02
Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Downtown Community Task Force - September 14, 2023
Downtown Community Task Force - October 19, 2023
Planning Commission - January 10, 2024
Youth Commission - December 12, 2023
A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to note and file the minutes of the September 14, 2023 Downtown Community Task Force meeting; October 19, 2023 Downtown Community Task Force meeting; January 10, 2024 Planning Commission meeting; and December 12, 2023 Youth Commission.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

3.B 24-1623
Action on City Bills and Claims Report for the period December 2, 2023 - January 5, 2024
Recommendation:

Approve the list of Bills and Claims for December 2, 2023 - January 5, 2024.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy,to approve the list of Bills and Claims for December 2, 2023 - January 5, 2024.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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3.C 24-1378 Action on Award of Purchase Orders to Andy’s Roofing Co. Inc. and Rainy Day Roofing, Inc. for Citywide As-Needed Roofing Repairs Recommendation: 1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of California Code of Regulations;

2. Authorize the City Manager to execute Purchase Orders with Andy’s Roofing Co. Inc. and Rainy Day Roofing, Inc. for Citywide As-Needed Roofing Repairs with a total aggregate amount not to exceed $200,000 for the initial one-year term, subject to the appropriation of funds, in final forms approved by the City Attorney; and

3. Authorize the City Manager to exercise up to four additional one-year options to extend the term of the Purchase Orders, adjust the hourly rates consistent with applicable market indices, and increase the total aggregate amount approved by the City Council in the City’s operating budget for the fiscal year, in final forms approved by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of California Code of Regulations; to authorize the City Manager to execute Purchase Orders with Andy's Roofing Co. Inc. and Rainy Day Roofing Inc. for Citywide as-needed roofing repairs with a total aggregate amount not to exceed $200,000 for the initial one-year term, subject to the appropriation of funds, in final forms approved by the City Attorney; and to authorize the city Manager to exercise up to four additional one-year options to extend the term of the Purchase Orders, adjust the hourly rates consistent with applicable market indices, and increase the total aggregate amount approved by the City Council in the city's operating budget for fiscal year, in final forms approved by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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3.D 24-1636 Action to Authorize the City Manager to Complete Negotiations and Execute a Third Phase Agreement for the Purchase of Renewable Energy with Zero Waste Energy Development Company, LLC, for Compliance with Senate Bill 1383
Recommendation:

1. Authorize the City Manager to complete negotiations, approve, and execute a Third Phase Agreement (Agreement) with the Northern California Power Agency (NCPA) for the Purchase of Renewable Energy at approximately $493,000, with future annual escalations per the contract terms, from Zero Waste Energy Development Company, LLC, funded by the Solid Waste Fund, subject to the review and approval as to form by the City Attorney; and

2. Authorize the City Manager or designee to (a) take any and all actions as are necessary or advisable to implement and administer the Agreement; and (b) approve and execute future amendments to the Agreement so long as the contract price and term are not modified, subject to the review and approval as to form by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to authorize the City Manager to complete negotiations, approve, and execute a Third Phase Agreement with the Northern California Power Agency (NCPA) for the Purchase of Renewable Energy at approximately $493,000, with future annual escalations per the contract terms, from Zero Waste Energy Development Company, LLC, funded by the Solid Waste Fund, subject to the review and approval as to form by the City Attorney; and to authorize the City Manager or designee to (a) take any and all actions as are necessary or advisable to implement and administer the Agreement; and (b) approve and execute future amendments to the Agreement so long as the contract price and term are not modified, subject to the review and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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& Stadium Authority Board Meeting
Meeting Minutes

3.E 24-31 Action on Amendment No. 1 to the Agreement with Packet Fusion, Inc. to Provide Support and Maintenance Services for the City’s Telephony System
Recommendation:

1. Authorize the City Manager to execute Amendment No. 1 to the Agreement with Packet Fusion, Inc. for telephony system support and maintenance services to extend the agreement by one year through February 28, 2025, and increase the maximum compensation by $52,194.48 plus $50,000 as contingency for a revised not-to-exceed maximum amount of $428,864.48 in a final form approved by the City Attorney;

2. Authorize the City Manager to execute future amendments to add and/or delete services, subject to the maximum compensation limit and approval as to form by the City Attorney; and

3. Authorize the City Manager to execute up to three one-year options to extend the term through February 28, 2028, for a total maximum compensation amount of $653,864.48 assuming all options are exercised, subject to the appropriation of funds and approval as to form by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to authorize the City Manager to execute Amendment No. 1 to the Agreement with Packet Fusion, Inc. for telephony system support and maintenance services to extend the agreement by one year through February 28, 2025, and increase the maximum compensation by $52,194.48 plus $50,000 as contingency for a revised not-to-exceed maximum amount of $428,864.48 in a final form approved by the City Attorney; to authorize the City Manager to execute future amendments to add and/or delete services, subject to the maximum compensation limit and approval as to form by the City Attorney; and to authorize the City Manager to execute up to three one-year options to extend the term through February 28, 2028, for a total maximum compensation amount of $653,864.48 assuming all options are exercised, subject to the appropriation of funds and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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& Stadium Authority Board Meeting
Meeting Minutes

3.F 24-1462 Action on Reappointment of Board and Commission Members, Declaring Commissioner Vacancies, and Setting Dates for Recruitment and Interviews
Recommendation:

1. Reappoint the nine (9) eligible commissioners to serve a four-year term each ending June 30, 2028;

2. Declare six (6) positions to be filled:
· One (1) partial term ending June 30, 2025 on the Bicycle and Pedestrian Advisory Committee; and
· One (1) partial term ending June 30, 2027 on the Cultural Commission · Four (4) full terms each ending on June 30, 2028, two on the Board of Library Trustees; one on the Parks and Recreation Commission; and one on the Civil Service Commission;

3. Set the recruitment to open on Friday, February 8, 2024;

4. Set Friday, March 19, 2024 by 5:00 p.m. as the application deadline; and

5. Set Tuesday, April 16, 2024 to conduct interviews.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to reappoint the nine (9) eligible commissioners to serve a four-year term each ending June 30, 2028; declare six (6) positions to be filled: a) one partial term ending June 30, 2025 on the Bicycle and Pedestrian Advisory Committee; one partial term ending June 30, 2027 on the Cultural Commission; four full terms each ending on June 30, 2028, two on the Board of Library Trustees; one on the Parks and Recreation Commission; and one on the Civil Service Commission; set the recruitment to open on Friday, February 8, 2024; set Friday, March 19, 2024 by 5:00 p.m. as the application deadline; and set Tuesday, April 16, 2024 to conduct interviews.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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Meeting Minutes

3.G 24-69 Action on Authorizing the Use of City Electric Forces for a Project at 2240 Calle de Luna
Recommendation: 1. Determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2240 Calle de Luna 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 these public works consistent with this authorization.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Hardy, to determine the proposed action is exempt from CEQA pursuant to Sections 15302(c) (Class 2 - Replacement or Reconstruction) and 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and to declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2240 Calle de Luna 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 these public works consistent with this authorization.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

SANTA CLARA STADIUM AUTHORITY CONSENT CALENDAR

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Meeting Minutes

PUBLIC PRESENTATIONS
Nancy Velasco and Judy Hubbard spoke about the Showtime event scheduled on March 2-3, 2024 benefiting the Santa Clara Senior Program.

Todd Spohn asked the Council to assist the diving team with obtaining approval from the Santa Clara School District to install diving boards at Peterson Middle School.

Roumen Boyadjiev, Vikas Gupta, and Deepu spoke about the closure of the International Swim Center.

Brian Darby thanked Silicon Valley Power for the work during the weekend storm.

William Farber gave anti-semitic and racists remarks.

Cristy Barry spoke about first amendment violations and gave anti-semitic remarks.

Mark spoke about the lack of updates from Silicon Valley Power regarding power outages during the storm.

Mitzy Bephe gave anti-semitic remarks.

Phil Barber spoke about Black History Month and gave racist remarks.

Mayor/Chair Gillmor stated that Public Presentations will continue at the end of the meeting.

CONSENT ITEMS PULLED FOR DISCUSSION

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02/06/2024Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Minutes

4. 24-1345 Action on the Santa Clara Stadium Authority Financial Status Report for Quarter Ending September 30, 2023 and Approve Related Budget Amendments
Recommendation:

1. Note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending September 30, 2023.

2. Approve a budget amendment in the Operating Fund to increase the Beginning Fund Balance / Ending Fund Balance for Legal Contingency Reserve - Public Safety Costs in the amount of $845,725, offset by a decrease to the unrestricted fund balance.

3. Approve a budget amendment in the Operating Fund to decrease the Beginning Fund Balance / Ending Fund Balance for the Operating Reserve in the amount of $12,887, offset by an increase to the unrestricted fund balance.

Boardmember Jain pulled item Stadium Authority Board Consent Item 4 for questions.

Board questions followed.

Stadium Authority Treasurer Lee and Executive Director Grogan responded to Board questions.

Board discussion followed.

Boardmember Park left the dais at 9:00 p.m. and was absent from voting on Item 4. He returned to the dais at 9:03 p.m.

A motion was made by Boardmember Hardy, seconded by
Boardmember Jain, to note and file the Santa Clara Stadium Authority Financial Status Report for the Quarter Ending September 30, 2023; approve a budget amendment in the Operating Fund to increase the Beginning Fund Balance/Ending Fund Balance for Legal Contingency Reserve - Public Safety Costs in the amount of $845,725, offset by a decrease to the unrestricted fund balance; and approve a budget amendment in the Operating Fund to decrease the Beginning Fund Balance/Ending Fund Balance for the
Operating Reserve in the amount of $12,887 offset by an increase to the unrestricted fund balance.

Aye:

Boardmember Chahal, Boardmember Hardy, Boardmember Jain, and Vice Chair Becker
4 -
Nay: 2 - Boardmember Watanabe, and Chair Gillmor

Absent: 1 - Boardmember Park

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Meeting Minutes

PUBLIC HEARING/GENERAL BUSINESS

6. 24-27 Overview of the November 2024 Elections Process Timelines and Feasibility for Potential City Ballot Measures
Recommendation: It is recommended that the City Council note and file the report.

Mayor Gillmor moved Agenda Item 6 to be heard before Agenda Item 5.

Assistant City Manager/Acting Parks and Recreation Director Bojorquez gave a PowerPoint presentation on an overview of the November 2024 Elections process timelines and feasibility for potential City ballot measures.

Council questions followed.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the report.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

5. 24-1621
PUBLIC HEARING: Action on a Tentative Parcel Map at 2360 Mission College Boulevard for the Creation of Three Lots
Recommendation:

Adopt a resolution to approve the Tentative Parcel Map to create a single lot subdivision for three commercial condominium lots at the property located at 2360 Mission College Boulevard.

City Manager Grogan gave opening remarks and turned it over to Acting Community Development Director Brilliot who gave a PowerPoint presentation on a Tentative Parcel Map at 2360 Mission College Boulevard for the Creation of three lots.

Council questions followed.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to close the Public Hearing.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

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02/06/2024Joint Council and Authorities Concurrent
& Stadium Authority Board Meeting
Meeting Minutes
A motion was made by Councilmember Watanabe, seconded by Vice Mayor Becker, to adopt Resolution 24-9305 to approve the Tentative Parcel Map to create a single lot subdivision for three commercial condominium lots at the property located at 2360 Mission College Boulevard.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Hardy, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
7 -

PUBLIC PRESENTATIONS
There were no additional Public Presentations.

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS Councilmember Watanabe reported attending Capitol Day in Aacramento along with members of Silicon Valley Power and Northern California Power Agency staff and boardmembers.

Councilmember Park requested that the discussion of moving Public Presentations to the end of the meeting be agendized at a future meeting.

City Manger Grogan stated this request will be referred to the Governance and Ethics Committee.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT
City Manager Grogan provided a verbal report on the International Swim Center and updated Council on the work staff has been involved with in trying to resolve the issues. He stated a more robust update will be provided at a future Council meeting.
24-164

ADJOURNMENT
A motion was made by Vice Mayor/Chair Becker, seconded by Council/ Boardmember Park, to adjourn the meeting at 9:33 pm in memory of Dr. Jack Lucas.

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Hardy, Council/Boardmember Park, Council/ Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
7 -
The next regular scheduled meeting is on Tuesday, February 20, 2024 in the City Hall Council Chambers.

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02/06/2024Joint Council and Authorities Concurrent
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Meeting Minutes

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

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

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

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

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

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-03 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Planning Commission Special Meeting - January 24, 2024
Youth Commission - September 12, 2023
City-School Liaison Committee - November 1, 2023
Cultural Commission - January 8, 2024 (Special Meeting) Historical and Landmarks Commission - December 7, 2023
City of Santa Clara Printed on 2/14/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
01/24/2024
Special Meeting
TO WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the undersigned calls for a Special Meeting of the Planning Commission of the City of Santa Clara, to commence and convene on January 24, 2024 at 6:00 pm for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, and via Zoom to consider the following matter(s) and to potentially take action with respect to them.

Page 1 ends

01/24/2024Planning Commission Meeting Minutes
The City of Santa Clara is conducting Planning Commission meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).
•
Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment
The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

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

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

Commissioner Bhatnagar joined the meeting at 6:18 pm.

Vice Chair Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Chair Priya Cherukuru, Commissioner Mario Bouza, Commissioner Lance Saleme, and Commissioner Eric Crutchlow
Present 6 -
Commissioner Qian HuangAbsent 1 -

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01/24/2024Planning Commission Meeting Minutes
A motion was made cy Commissioner Biagini, seconded by
Commissioner Crutchlow to excuse Commissioner Huang.

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

Absent: Commissioner Huang1 -

DECLARATION OF COMMISSION PROCEDURES
Secretary Bouza read the Declaration of Commission Procedures

CONTINUANCES/EXCEPTIONS
None

CONSENT CALENDAR

1. 24-81 Planning Commission Meeting Minutes of January 10, 2024.

Recommendation: Approve the Planning Commission Meeting Minutes of the January 10, 2024 Meeting
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow to Approve this item. Commissioner Bouza abstained from voting as he was not in attendance at the January 10, 2024 Planning Commission Meeting.

Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Huang1 -
Abstained: Commissioner Bouza1 -

PUBLIC PRESENTATIONS

PUBLIC HEARING

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01/24/2024Planning Commission Meeting Minutes

2. 24-64 Planning Commission Strategic Planning Session in Preparation for Upcoming Joint City Council Dinner Meeting on January 30, 2024 Recommendation: There is no Staff Recommendation
Planning Manager Lesley Xavier provided the staff presentation.

Commissioners had a robust discussion on various topics they would like to discuss at the upcoming January 30, 2024 Joint Council Planning Commission Dinner.

REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items

2. Commissioner Travel and Training Reports, Requests to attend Trainings Staff Aide II Elizabeth Elliott provided information on the upcoming 2024 APA National Planning Conference April 13-16 in Minneapolis and online from May 8-10. A vote to expend funds will take place at the next meeting.

DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

1. Planning Commission Budget Update

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

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

ADJOURNMENT:

The meeting adjourned at 7 pm. The next meeting is a Joint Council/Planning Commission Dinner Meeting on January 30, 2024.

The next regular Planning Commission Meeting is on Wednesday, January 31, 2024 at 6 pm.

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01/24/2024Planning Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

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01/24/2024Planning Commission Meeting Minutes
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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City of Santa Clara
Meeting Minutes
Youth Commission
Draft
6:00 PM Teen Center
2446 Cabrillo Avenue
Santa Clara, CA 95051
09/12/2023

CALL TO ORDER AND ROLL CALL
The meeting was called to order by Jon Kawada at 6:00 p.m.

Commissioner Aarav Gupta , Commissioner Simren Garg,
Commissioner Fatimah Ismail, Commissioner Namita Gaidhani, Commissioner Maryam Ismail, Commissioner Khadeejah Khan, Commissioner Ryan Kim, Commissioner Kira Liang,
Commissioner Keith Maben, Commissioner Malia Martin,
Commissioner Samaira Mehta, Commissioner Sudeepthi
Ravipati, Commissioner Samarth Suresh, and Commissioner Sarah Zuo
Present 14 -

CONSENT CALENDAR

1.A 23-1040 Youth Commission Minutes of May 9, 2023
A motion was made by Commissioner Suresh, seconded by
Commissioner Maben, that this item be recommended for approval.

The motion carried by the following vote:

PUBLIC PRESENTATIONS
None

GENERAL BUSINESS

2. 23-1058 Receive Presentation on Benton, Monroe, and Walsh-Martin Bikeway Planning Projects
City staff from Public Works presented information on the Benton, Monroe, and Walsh-Martin Bikeway planning projects. Multiple options for new or improved bikeways and trails were shown to the Commission during the presentation. Commissioners were encouraged to stay up-to-date by

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09/12/2023Youth Commission Meeting Minutes
participating in and sharing surveys for the various projects.

3. 23-1073 Youth Commission Election of Chair and Vice Chair A motion was made by Commissioner Fatimah Ismail, seconded by Commissioner Martin, to elect Commissioner Maben for the Chair position. The motion carried by the following vote:

Aye: Commissioner Gupta, Commissioner Garg, Commissioner Ismail, Commissioner Gaidhani, Commissioner Ismail, Commissioner Khan, Commissioner Kim, Commissioner Liang, Commissioner Maben, Commissioner Martin, Commissioner Mehta, Commissioner Ravipati, Commissioner Suresh, and Commissioner Zuo
14 -
A motion was made by Commissioner Zuo, seconded by
Commissioner Kim, to elect Commissioner Liang for the Vice Chair position. The motion carried by the following vote:

4. 23-1041

STAFF REPORT
Youth Commission FY2023/24 Work Plan & Goals
The Commissioners began their discussion of the FY2023/24 work plan and goals. Some of the items shared included: welcome packets for new youth residents, youth speaker conference, multicultural events, intergenerational activities, and promotion of physical and mental health.

The conversation will continue at the next Regular Meeting.

Gayle Ichiho, Recreation Supervisor: The Art & Wine Festival is the weekend of September 16 and 17 at Central Park. Artists, music, food, and Kids Kingdom are some of the attractions at the festival. The State of the City is Wednesday, September 27 at the Mission City Center for Performing Arts.

Jon Kawada, Recreation Coordinator: Councilmember Hardy contacted Youth Commission about scheduling a tour of the Silicon Valley Advanced Water Purification Center. Commissioners shared a general interest in a tour. Chair Maben will follow-up with Councilmember Hardy.

COMMISSIONERS REPORT
None

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09/12/2023Youth Commission Meeting Minutes

ADJOURNMENT
A motion was made to adjourn Chair Maben, seconded by
Commissioner Martin, that this meeting be adjourned at 7:38 p.m.

The motion carried by the following vote:

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09/12/2023Youth Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other

provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in

this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

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

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

Page 4 ends

MEETING DISCLOSURES

MINUTES OF THE CITY/SCHOOL

LIAISON COMMITTEE
City Hall/School District
Santa Clara City Hall, City Council Chambers
Wednesday, November 1, 2023 at 11:45 a.m.

Members Present:

City of Santa Clara:

Mayor, Lisa M. Gillmor (Chair)
Councilmember, Kathy Watanabe
Councilmember, Suds Jain (Alternate)

Santa Clara Unified School District:

Board President, Vickie Fairchild
Board Member, Dr. Michele Ryan
Board Member, Jodi Muirhead
Superintendent, Dr. Gary Waddell

City of Santa Clara Staff:

Assistant City Manager, Cynthia Bojorquez
Dir. of Community Development, Andrew Crabtree
Chief of Police, Pat Nikolai
Assistant Chief of Police, Wahid Kazem
Acting Director of Parks & Recreation, Dale Seale
City Librarian, Patty Wong
Chief Electric Utility Officer, Manuel Pineda
Santa Clara Unified School District Staff:

Director, School Bond Project, Larry Adams
Director of FD & P, Michal Healy
Deputy Superintendent/CBO, Mark Schiel
Public Information Officer, Jennifer Dericco

Roll Call and Call to Order
The meeting was called to order at 11:49 a.m. by Chair Lisa Gillmor.

Public Presentations
There were no public presentations.

Item 1. Superintendent’s Reports
This item was deferred to occur after Item 4. Superintendent Gary Waddell and PIO Jennifer Dericco described a new campaign, One Million Acts of Kindness, in which Santa Clara Unified School District (SCUSD) challenged its community to commit one million acts of kindness.

Community members can log their acts of kindness on a SCUSD webpage and on social media.

Item 2. Update on the Healthy Living and Safe Decision-Making Curriculum and Implementation Plan
Assistant Chief of Police Wahid Kazem provided an update and answered questions. Santa Clara Police Department (SCPD) is in the procurement process to retain a third-party company to help build a curriculum.

Item 3. Feasibility of Presenting Potter the Otter in Schools Committee Member Kathy Watanabe gave information on Potter the Otter and how it might be applicable to SCUSD.

City of
Santa Clara
The Center of Wh~t·s Possible
City/School Liaison Committee Minutes
November 1, 2023

Page 2 of 3 ends

Item 4. Update on Grants Available to High School Students Related to Energy Efficiency or Renewable Energy Projects
Chief Electric Utility Officer Manuel Pineda gave an update on the item and indicated Silicon Valley Power (SVP) would work with SCUSD to publicize grant opportunities for high school students.

Item 5. Feasibility of Widening the Walkway between Rip Miller Way and Washington Street Councilmember Suds Jain stated he had heard concerns from a constituent about a walkway on SCUSD property. Public comment was received from Joe, a constituent who raised concerns about the width and safety of the walkway. SCUSD indicated it is looking into the viability of the request, and stated that the path is currently ADA compliant.

Item 6. Discussion Regarding Public Accessibility to the Tennis Court at Wilcox High School
Deputy Superintendent/CBO Mark Schiel indicated that the Wilcox High School Tennis Courts project is ongoing, and stated SCUSD is reviewing its facility use fee process. Assistant City Manager Cynthia Bojorquez indicated that a Parks Master Plan identifying recreational needs throughout the City will be launched soon, and tennis courts may be identified as a need during the public engagement process.

Item 7. Update on the Status of Electric Vehicle Chargers at SCUSD Schools Director of Facility Development and Planning Michael Healy indicated SCUSD is finalizing an Electric Vehicle Chargers agreement to bring forward to SVP in the next few months at four school sites.

Item 8. General Updates from Attendees
Community Development Department Director Andrew Crabtree gave updates on the Downtown Precise Plan, the Zoning Code Update, the El Camino Real Specific Plan, the Land Use Plan, the Santa Clara Station Area Specific Plan, the Tasman East Specific Plan Amendment, the Kiley Mission Point Project Environmental Impact Report, and the Benton-Lawrence Interim Housing Project.

Acting Parks and Recreation Director Dale Seale thanked everyone for their support during the Arts and Wine Festival, as well as gave an update on the Master Plan for the City Park System.

Upcoming events include Disney’s Tarzan and the Holiday Tree-Lighting. Westwood Oaks Park is scheduled for completion next year, as is Magical Bridge Playground. He also gave updates on the Fairway Glen restroom, Henry Schmidt Train Park, the Warburton rehabilitation project, and a pickleball pilot.

City Librarian Patty Wong introduced the new Assistant City Librarian, Mila Rianto and announced the new Young Adult Librarian, Karen Guzman. She also stated that with Ashby Senate Bill 321 having passed, SCUSD is now ahead of the game in terms of ensuring all students have a library card by the third grade, and gave an update on Santa Clara Libraries’ expanded hours and events.

Chief of Police Pat Nikolai gave an update on the Police Activities League (PAL)/School Resource Office. The new PAL facility is currently being built across the street from the department. They are transitioning the Explorer Program to rename it as Police Service Aide, and SCPD is working to expand it. He also gave updates on the special events SCPD has presented throughout SCUSD, as well as the Run, Hide, Fight presentations conducted by SCPD throughout the school district.

SCUSD ga
ve updates on multiple items. Board President Vickie Fairchild gave updates on policies for keeping facilities locked, and stated that the groundbreaking for Laurelwood Elementary is moving to Sunnyvale. Director of Facility Development and Planning Healy stated that the school City/School Liaison Committee Minutes
November 1, 2023

Page 3 of 3 ends

master plans for Bracher Elementary, Briarwood Elementary, and Westwood Elementary are up for Board approval, as well as approval for bond construction projects. SCUSD is planning to propose new use fees, which would go into effect June 1, 2024.

Director, School Bond Project, Larry Adams stated SCUSD is moving into the next phase of work at Bracher Elementary and at Briarwood Elementary. SCUSD is currently working on the tennis courts at Wilcox High School. Later this year, there is a plan to replace the concession building, the visitor’s bleacher’s and subsequently the home bleachers and the guest box. Director Adams thanked the Public Works Department for assistance with permitting. At Santa Clara High School, SCUSD demolished the visitor’s bleachers and are updating the stadium lighting. SCUSD is also constructing a new Laurelwood Elementary School at the Patrick Henry Intermediate School site.

Item 9. Proposal of 2024 City-School Liaison Committee Meeting Schedule (5 minutes) The Committee moved the January 3 meeting to January 10, cancelled the July 3 meeting, and otherwise affirmed the draft meeting schedule as submitted. This meeting schedule is included below:

Meeting Date Meeting Time Host/Location

January 10, 2024 11:45 am – 1:15 pm Santa Clara Unified School District March 6, 2024 11:45 am – 1:15 pm City of Santa Clara
May 1, 2024 11:45 am – 1:15 pm Santa Clara Unified School District September 4, 2024 11:45 am – 1:15 pm City of Santa Clara November 6, 2024 11:45 am – 1:15 pm Santa Clara Unified School District

Item 10. Agenda Building for Following Meeting
Councilmember Jain raised the question of whether maker spaces at Santa Clara High School could be made available to the public.

Adjournment
The meeting was adjourned with a motion by Councilmember Watanabe, seconded by SCUSD Board Member Jodi Muirhead, and unanimously carried.

City of Santa Clara
Meeting Minutes
Cultural Commission
Draft
7:00 PM Hybrid Meeting
Cafeteria - City Hall
Lower Level - East Wing
1500 Warburton Avenue
Santa Clara, CA 95050
01/08/2024
Special Meeting
The City of Santa Clara is conducting the Cultural Commission meeting in a hybrid manner (in-person and a method for the public to participate remotely).

Via Zoom:
https://santaclaraca.zoom.us/j/98272283531
Meeting ID: 982 7228 3531
Or join by phone: 669-900-6833

CALL TO ORDER AND ROLL CALL
Chair Diaz called the meeting to order at 7:01 p.m.

Commissioner Siddarth Sundaram, Vice Chair Debra von Huene, Chair Candida Diaz, and Commissioner Jonathan Marinaro
Present 4 -
Commissioner Louis Samara, Commissioner Paul McNamara, and Commissioner Neetu Garg
Absent 3 -
A motion was made by Commissioner Marinaro, seconded by Commissioner Sundaram, to excuse Commissioners McNamara, Samara and Garg from the meeting. The motion passed with the following vote:

Aye: Commissioner Sundaram, Vice Chair von Huene, Chair Diaz, and Commissioner Marinaro
4 -
Excused: Commissioner Samara, Commissioner McNamara, and Commissioner Garg
3 -

CONSENT CALENDAR

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01/08/2024Cultural Commission Meeting Minutes
1 A. 24-1549 Action on Cultural Commission Regular Meeting Minutes of December 4, 2023
Recommendation: Approve the Cultural Commission Regular Meeting Minutes of December 4, 2023
A motion was made by Commissioner Marinaro, seconded by Vice Chair von Huene, that the consent calendar be approved. The motion passed with the following vote:

Aye: Commissioner Sundaram, Vice Chair von Huene, Chair Diaz, and Commissioner Marinaro
4 -
Excused: Commissioner Samara, Commissioner McNamara, and Commissioner Garg
3 -

PUBLIC PRESENTATIONS
Jan Hintermeister attended the meeting to learn more about the Commission. He serves on the Board of Library Trustees; however, he attended the meeting as a member of the public.

GENERAL BUSINESS

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01/08/2024Cultural Commission Meeting Minutes

2. 24-1550 Action on Cultural Commission Work Plan Goals and Activities for FY 2023/24 Recommendation: Discuss the Cultural Commission Work Plan Goals and Activities for FY 2023/24.

GOAL #1: Host and enhance multicultural events to encourage and acquaint Santa Clara residents with cultural diversity.

Plan for summer concerts in FY 2023/24 - Genres were sent to GFI Entertainment and the 2024 dates are confirmed. The City received many inquiries from bands that would like to perform at the concerts. The band options will be sent to the subcommittee once they are received.

Street Dance - Date: Aug. 2, 2024. It is the 25th Anniversary of the Houserockers band and they indicated they would like to perform at the Street Dance this year.

Plan and Host Friday Night Live Events - The Triton Museum is available for three (3) events. The subcommittee will send possible dates, and work with the Triton. Friday Night Live could start in April. Dates will be approved by staff and contracts processed. Commissioner Marinaro will forward event information to Mission College for cross promotion.

Secure sponsors for Cultural Commission special events in FY 2023/24 - Waiting for approval for the sponsor packages.

GOAL #2: Develop and encourage interactive, art opportunities to provide temporary, performing, cultural, and public art in the City.

Advise and recommend public art to City Council - The Mechanical Horse will be deaccessioned from the Santa Clara University Campus on January 22. The Triton is in discussions to host The Pegasus by Adrian Landon. The logistics and sponsors have to be determined. It has wings and propane effects. The project may be further mentioned at the Council dinner.

Identify available Utility Boxes in the City for Artist Utility Box Program - Currently on hold.

Host Sculpture Exhibition - The Agreement was approved and a call for artists will occur. Judges need to be determined. Timeline needs to be adjusted.

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01/08/2024Cultural Commission Meeting Minutes
Host Halloween Home & Holiday Home Decorating Contest and Recognition - Holiday Home Decorating occurred in December. The subcommittee was happy with the entries and there was tough competition, and amazing displays. Commissioner Marinaro would like to continue with the same judging rubric for future contests and include "what my display means to me." The interest flyers left at houses by Commissioners and City Council were well received by the public and should continue. It was exciting to receive entries from District 5.

Update and maintain City interactive web-based public art map -I t was suggested to add Franklin Square artwork and history to the map.

Map will be updated with any artwork submitted.

GOAL #3: Raise the visibility of commemorative months.

Update Coloring Book to honor Commemorative Months according to Federal Calendar - Coloring Pages Jan - March are completed and were shared.

Promote monthly commemorative months through Social Media and Special Events to raise awareness and cultural
competency - Chair Diaz thanked Vice Chair von Huene for posting the pages on social media.

GOAL #4: Enhance communication and media strategy to increase community awareness of the Cultural Commission.

Commissioners to attend the Americans for the Arts
Conference - This item is on hold.

Present regularly to City Council - Chair Diaz reported the Joint Dinner is on March 5 and Priority Sessions are February 26 and March 11. These dates should be added to commissioner calendars.

Develop, maintain, and grow partnerships and collaborations with external organizations - Commissioner Marinaro will share dates of Commission events with Mission College.

GOAL #5: Prepare for Citywide Arts Master Plan Process.

Develop public-public partnerships to invest and promote the Arts in Santa Clara - No further update was given.

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01/08/2024Cultural Commission Meeting Minutes

STAFF REPORT
Develop, promote, and implement Citywide Arts Master Plan alongside the City Council - Vice Chair von Huene reported that no additional meetings have occurred since last month. Subcommittee will meet with Cynthia Bojorquez, Assistant City Manager, in order to move forward with the Arts Master Plan Process.

GOAL #6: Identify and expand on Arts Education in the City of Santa Clara.

Identify potential partnerships with schools/local organizations to expand arts and art education - There was no update given for this item.

Public Comment on Work Plan Goals and Activities - Jan
Hintermeister, member of the public would like to see the Commission collaborate and cross promote with the library.

Recreation Manager Castro reported that Winter Recreation classes start this month. She mentioned drop-in programs the public can attend to get active with the Activity Pass (Group Exercise, Drop in Play at Reed and Grant Sports Complex and the Youth and Teen Center and Lap Swim). She mentioned that the Sculpture Exhibit Call for Artists will be this month and that she gets a lot of inquires about the Utility Box Art Program. She went to Palm Springs and experienced the Art Walk. She encouraged the commissioners to visit, if they are in the area.

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01/08/2024Cultural Commission Meeting Minutes

COMMISSIONERS REPORT

ADJOURNMENT
Vice Chair von Huene reported that the Santa Clara Chorale performed in two (2) sold out performances with 39 carols from around the world.

She thanked the Commission for excusing her last month.

Commissioner Marinaro attended the Enchant event with many lights. He attended the Nutcracker at Saratoga High School. Went to Southern California and saw many holiday displays. Dana Point had a boat parade which is fun to attend.

Commissioner Sundaram went to Japan right after he got back from Australia. He enjoyed relaxing over the holidays.

Chair Diaz enjoyed having time off from school and teaching over the holidays.

A motion was made by Vice Chair von Huene, seconded by
Commissioner Marinaro, that the meeting be adjourned at 7:40 p.m.

The motion passed with the following vote:

Aye: Commissioner Sundaram, Vice Chair von Huene, Chair Diaz, and Commissioner Marinaro
4 -
Excused: Commissioner Samara, Commissioner McNamara, and Commissioner Garg
3 -

MEETING DISCLOSURES

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01/08/2024Cultural Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

Page 7 ends

City of Santa Clara
Meeting Minutes
Historical & Landmarks Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
12/07/2023
REVISED AGENDA - additional attachments have been added to RTC 23-1252 The City of Santa Clara is conducting the Historical and Landmarks Commission meeting in a hybrid manner (in-person and methods for the public to participate remotely) •
Via Zoom:
o https://santaclaraca.zoom.us/j/97233262035 or
o Phone: 1 (669) 900-6833
Webinar ID: 972 3326 2035
Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting.

Clearly indicate the project address, meeting body, and meeting date in the email.

PUBLIC PARTICIPATION IN ZOOM WEBINAR:

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

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12/07/2023Historical & Landmarks Commission Meeting Minutes

CALL TO ORDER AND ROLL CALL
Chair Vargas-Smith called the meeting to order at 6:02 p.m.

Commissioner Michael Celso , Commissioner Amy Kirby,
Commissioner Patricia Leung, Vice Chair Kathleen Romano, Commissioner Ed Stocks, and Chair Ana Vargas-Smith
Present 6 -
Commissioner Yvonne InciarteAbsent 1 -
A motion was made by Commissioner Stocks, seconded by
Commissioner Leung, to excuse Commissioner Inciarte.

Aye: Commissioner Celso, Commissioner Kirby, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith 6 -
Excused: Commissioner Inciarte1 -

CONSENT CALENDAR
A motion was made by Commissioner Leung, seconded by Vice Chair Romano, to approve the Consent Calendar with a note to update the minutes to reflect the correct Chair and
Commissioner titles in several places.

Aye: Commissioner Celso, Commissioner Kirby, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith 6 -
Excused: Commissioner Inciarte1 -

1.A 23-1323 Historical and Landmarks Commission Minutes of October 5, 2023

PUBLIC PRESENTATIONS

GENERAL BUSINESS

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12/07/2023Historical & Landmarks Commission Meeting Minutes

2. 23-1347 Consideration of a Significant Property Alteration Permit for a 1,207 Square Foot Addition to a Historic Residence and a Variance to Eliminate the Requirement for a Two-Car Garage at 1277 Jackson Street Public Speakers:

Brandon Spencer
A motion was made by Commissioner Stocks, seconded by Vice Chair Romano, to recommend approval of the Significant Property Alteration Permit to the Planning Commission with the following updates:
- Correct the plans to address the discrepancy between the 8' vs. 9, basement ceiling height, while not modifying the basement windows (do not change their height)
- Modify the proposed kitchen window to a single pane awning style - For all new windows, try to match the existing wood windows to the extent feasible
A motion was made by Commissioner Celso, seconded by Vice Chair Romano, to recommend approval of the Variance to the Planning Commission.

Aye: Commissioner Celso, Commissioner Kirby, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith 6 -
Excused: Commissioner Inciarte1 -

3. 23-1348 Consideration of a Significant Property Alteration Permit for a 556 Square-Foot Addition to the Basement and a 590 square foot First Floor Addition to a Mills Act Residence and a Variance for the Construction of a New Nonconforming Garage at 324 Madison Street
Public Speakers:

Tommy Tran
Rob Mayer
A motion was made by Commissioner Leung, seconded by
Commissioner Kirby, to recommend approval of the Significant Property Alteration Permit to the Planning Commission with the following recommendations:
- Retain the existing chimney
- Differentiate the stucco on the new addition
A motion was made by Commissioner Leung, seconded by
Commissioner Stocks, to recommend approval of the Variance to the Planning Commission.

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12/07/2023Historical & Landmarks Commission Meeting Minutes

Aye: Commissioner Celso, Commissioner Kirby, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith 6 -
Excused: Commissioner Inciarte1 -

4. 23-1252 Consideration of an Environmental Impact Report for the Demolition of a Potentially Significant Structure to Construct a Residential Development with 22 Detached Single-Family Dwellings at 1957 Pruneridge Avenue Public Speakers:

Cory Kusich
Richard
A motion was made by Commissioner Celso, seconded by
Commissioner Stocks, to recommend certification of the EIR to the Planning Commission and City Council with the following recommendations:
-
Developer to create a memorial to the church (using the Architect William Mays' name) utilizing materials from the church in the memorial if the church is not relocated
- Return to the HLC to present the memorial design

Aye: Commissioner Celso, Commissioner Kirby, Commissioner Leung, Commissioner Stocks, and Chair Vargas-Smith
5 -
Nay: Vice Chair Romano1 -
Excused: Commissioner Inciarte1 -

5. 23-1324
Action on HLC Board and Committee Assignments
The Board and Committee assignments were updated as follows:

Board/Committee Lead/Alternate Santa Clara Arts and Historic Consortium: Vargas-Smith / Romano Historic Preservation Society of Santa Clara: Vargas-Smith / Leung Old Quad Residents Association: Leung
Development Review Hearing: Romano / Vargas-Smith
BART/ High Speed Rail/ VTA BRT Committee: Vargas-Smith / Leung El Camino Real Specific Plan Community Advisory Committee: Leung Downtown Precise Plan: Vargas-Smith / Stocks
Santa Clara Station Area Task Force: Leung / Stocks

STAFF REPORT

1. Berryessa Adobe Maintenance

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12/07/2023Historical & Landmarks Commission Meeting Minutes

2. Training and Travel Request

3. Streetlight Banners for Historic Preservation Month
Staff Liaison Rebecca Bustos gave a verbal report of the price quotes for the banner design, fabrication, and installation/removal.

A motion was made by Commissioner Leung, seconded by
Vice Chair Romano, to establish a Banner Subcommittee with Chair Vargas-Smith, Vice Chair Romano, and Commissioner Kirby.

Aye: Commissioner Celso, Commissioner Kirby, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair
Vargas-Smith
6 -
Excused: Commissioner Inciarte1 -

COMMISSIONERS REPORT

1. Subcommittee Reporting - 20 minutes

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

ADJOURNMENT
The meeting was adjourned at 9:44 p.m.

A motion was made by Commissioner Leung, seconded by
Vice Chair Romano to adjourn the meeting.

Aye: Commissioner Celso, Commissioner Kirby, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith 6 -
Excused: Commissioner Inciarte1 -
The next regular scheduled meeting is Thursday, January 4, 2024

MEETING DISCLOSURES

Page 5 ends

12/07/2023Historical & Landmarks Commission Meeting Minutes The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

Page 6 ends

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1624 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Action to Accept Federal Funding for the Silicon Valley Power City of Santa Clara - Fire Station Microgrid Project; Authorize the City Manager to Execute All Agreements and Documents Related to Accepting Federal Funding for an Estimated Amount of $500,000, and Approve Related Budget Amendments

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

BACKGROUND
In early 2021, the United States House Appropriations Committee elected to bring back the Community Project Funding (CPF) program to fund projects like Silicon Valley Power’s Fire Station Microgrid project. In 2022, the City submitted a request for CPF to Senator Feinstein, Senator Padilla, and Congressman Ro Khanna for a City of Santa Clara - Fire Station Microgrid Project located at the City of Santa Clara’s Fire Station #2 at 1900 Walsh Ave. This project was submitted for consideration to the Federal Appropriations Committee and is currently pending award. Attachment 1 (Pending Award No. DE-EE0010775 Letter, dated June 8, 2023) and Attachment 2 (Pending Award No. DE-EE0010775 Follow-Up Letter, dated July 12, 2023) details the award amount and process to receive the award.

DISCUSSION
The City of Santa Clara’s electric utility, Silicon Valley Power (SVP), is developing a multi-benefit Fire Station Microgrid Project which encourages microgrid technologies that provide community benefits through decarbonization and climate resiliency. A microgrid is a self-contained energy system that can operate independently from the main power grid as needed or in a mutually beneficial operation mode to enhance grid performance. The Fire Station Microgrid Project would provide environmental benefits through the reduction of greenhouse gases (GHGs) and criteria pollutants by avoiding the use of diesel backup generators, and it would also provide resiliency and reliability to support City operations and the community during outage events, catastrophic events, including those caused by climate change.

SVP initially proposed to develop two renewable energy microgrids to support two City of Santa Clara Fire Stations. The microgrids would provide up to four hours of run ‐
time providing back
‐
up power
during grid outages. SVP partnered with the Fire Department to prioritize suitable locations for microgrid projects. Fire Station #1 and Fire Station #2 were identified as the best sites for microgrids, and SVP moved forward with a feasibility study. Due to increased costs, the microgrid project at Fire Station #1 was determined no longer feasible. As for Fire Station #2, the microgrid project remains viable and becomes even more ideal with the integration of an enhanced Emergency Operations Center for the City of Santa Clara.

City of Santa Clara Printed on 2/15/2024Page 1 of 3
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24-1624 Agenda Date: 2/20/2024
The Fire Station Microgrid Project t will include battery energy storage, a photovoltaic solar system, and integrate electric vehicle charging infrastructure. Another primary objective of the project is to assist with the development of SVP’s microgrid standards which will assist SVP with any future microgrid development projects within the City. Other project benefits include local and statewide electric grid decarbonization, grid resiliency and reliability, critical and non-critical site load support.

This project may also serve as a real-world model for municipalities or other developers pursuing similar projects.

The project is currently in the 30% design phase and is anticipated to be completed by FY 2026/27.

Federal Funding Documents
Per CPF program requirements, the Department of Energy has been designated as the funding administrator for this CPF funding. Staff is requesting that Council authorize the City Manager to execute all agreements and documents related to accepting federal funding for the Fire Station Microgrid project at Fire Station #2. SVP is anticipated to receive a $500,000 Federal Funding Award.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations in that it solely facilitates the procurement of grant funding and is therefore a fiscal activity that does not involve the commitment to a specific project which may result in a potentially significant physical impact on the environment. The construction of the Fire Station Microgrid project will require separate City Council action and therefore further CEQA analysis.

FISCAL IMPACT
The federal funding of $500,000 requires a minimum local match of 20% ($100,000). This project is budgeted in the Electric Utility Capital Fund in the Renewable Energy Microgrid project (CIP 2446) and sufficient funds are included in that budget for the required local match. The federal funding will cover a portion of material costs as SVP has seen increased material costs over the last two years.

Material costs are estimated to be $3.2 million with the remaining project costs for design, engineering, and construction.

After funding is received, SVP will coordinate with the Finance Department for any budget actions needed to appropriate funds.

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.

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24-1624 Agenda Date: 2/20/2024

RECOMMENDATION

1. Accept Federal Funding Under the Community Project Funding (Grant Funding) administered by the Department of Energy for an estimated amount of $500,000 for the Fire Station Microgrid Project (Project);

2. Authorize the City Manager or designee to execute any agreements, amendments, and documents associated with the Grant Funding and to take any necessary actions in connection with that funding; provided that any agreements and amendments shall be subject to the review and approval as to form by the City Attorney; and

3. Approve FY 2023/24 budget amendment in the Electric Utility Capital Fund to increase the Other Agencies Revenue estimate to recognize Grant Funding in the amount of $500,000 and increase the Project (CIP 2446) in the same amount the to bring the total project budget to $4,651,773.89 (five affirmative Council votes required to appropriate additional revenue).

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

ATTACHMENTS

1. Pending Award No. DE-EE0010775 Letter, dated June 8, 2023

2. Pending Award No. DE-EE0010775 Follow-Up Letter, dated July 12, 2023 City of Santa Clara Printed on 2/15/2024Page 3 of 3
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Department of Energy
Golden Field Office
15013 Denver West Parkway
Golden, Colorado 80401

June 8, 2023

Eric Shum, P.E.

Electric Utility Engineer
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Eric Shum, P.E.:

SUBJECT: FY23 Congressionally Directed Spending project entitled, “City of Santa Clara - Fire Station Microgrid Project”, Pending Award No. DE-EE0010775

The Department of Energy (DOE), Golden Field Office, is responsible for processing an award for the subject Congressionally Directed Spending project identified for funding in the Energy and Water Development and Related Agencies Appropriations Act, 2023 under the heading “Energy Projects” through reference to the “Congressional Record – Explanatory Statement.” To process your award in a timely manner, it is necessary for you to submit certain information about your project, as explained in more detail below.

Consistent with Congressional direction, DOE is reminding recipients that statutory cost share requirements may apply to this project. Depending on the nature of your project and applicable statutes, such as the Energy Policy Act of 2005, cost share on your part will likely be required. Cost share is defined as the amount of resources (e.g., cash, labor hours, equipment, etc.), expressed as a monetary value, that the recipient must contribute as part of the project. The cost share you may be required to provide could range from a minimum of 20% of total project costs for certain applied research or development projects to a maximum of 50% of total project costs for demonstration or commercial application projects. Cost share is not required for education and outreach activities. Your cost share will be added to the federal award funds to become the total cost of the project. DOE’s regulations on cost share requirements can be found in the U.S. Code of Federal Regulations at 2 CFR 910.130 and cost share requirements applicable to all federal financial assistance awards are available at 2 CFR 200.130.

The first step in the award process is for you to submit a nonproprietary, one-page summary of your project so DOE may determine the amount of cost share that will be required for your project. The nonproprietary, one- page technical description of your project must include the project title, the pending award number as shown above, the purpose (why), the scope (what will be done), the approach (how), the project stage (research, demonstration, commercialization, education, or outreach activities), and the expected outcomes.

Additionally, please submit the names, telephone numbers, and e-mail addresses for your primary technical and business points of contact. Cost share is dependent on the technology stage of your project; therefore, this summary should be detailed enough to determine whether your project involves research and development, demonstration, commercialization, or education and outreach activities. Please submit your summary no later than fourteen (14) calendar days after receipt of this letter to [email protected].

After receipt of a complete one-page project summary, DOE will send you a follow-up letter with a determination of the required cost share for your project and instructions for submitting a complete application package comprised of the forms and information shown below. Submission of the complete application package will be required within 30 calendar days of receipt of the follow-up letter. In order to expedite the process, it is suggested that you begin completing the steps identified below and the application NTOp ®
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City of Santa Clara DE-EE0010775 June 8, 2023
2 forms, which can be downloaded from the EERE Funding Opportunities Forms page under Pre-Award:
https://energy.gov/eere/funding/eere-funding-application-and-management-forms.

A complete application package must include the following forms and information (Note: it is important to include the pending award number on all forms/submissions):

1. Pre-Award Information Sheet and all required attachments, including but not limited to: Current and Pending Support, Participants and Collaborating Organizations, and any other required disclosures, waivers, attachments or supporting documentation NOTE: Complete the Pre-Award Information Sheet first and promptly email it under separate cover to [email protected] (the remaining forms should be completed after receiving the cost share determination from DOE)

2. SF-424 Application for Federal Assistance

3. Certification and Assurances for use with the SF-424

4. Detailed Budget Justification

5. Copy of your approved Indirect Rate Agreement or a Rate Proposal supporting your proposed indirect costs in the Detailed Budget Justification

6. SF-LLL Disclosure of Lobbying Activities

7. Environmental Questionnaire, EQ1 (This form should be completed online at https://www.eere- pmc.energy.gov/nepa.asp)

8. Statement of Project Objectives (SOPO)

9. Commitment Letters from Third Parties Contributing to Cost Share

10. Subrecipient/Subcontractor Information: for each subrecipient/subcontractor who is expected to perform work estimated to be more than $250,000 or 25% of total award costs, provide: (1) separate detailed budget justification; and (2) description of work

11. Copy of the most recent independent Single Audit (for nonprofits, states, local governments, and educational institutions) or independent Compliance Audit (applicable to for-profit entities)

12. A short statement on whether the work will involve construction, alteration, maintenance or repair of publicly-owned infrastructure. Infrastructure includes but is not limited to: buildings and real property; dams, ports, harbors, and other maritime facilities; electrical transmission facilities and systems; utilities; and structures that generate, transport, and distribute energy (such as EV charging stations)

Your organization must also be registered in the
System for Award Management (SAM). All non-federal
entities are required to register in SAM in order to do business with the federal government. To register in SAM, follow the process described at: https://www.sam.gov. Registrants must continue to maintain an active SAM registration with current information at all times during which it has an active federal award or applicant under consideration by a federal awarding agency. As part of the registration process, SAM will generate a Unique Entity Identifier (UEI) number. The UEI must be included in block 8.c. of the SF-424 Application for Federal Assistance. A UEI is required for all applicants.

NOTE: Due to the high demand of UEI requests and SAM registrations, entity legal business name and address validations are taking longer than expected to process. Entities should start the UEI and SAM registration process as soon as possible. If entities have technical difficulties with the UEI validation or SAM registration process they should utilize the HELP feature on SAM.gov. SAM.gov will work entity service tickets in the order in which they are received and asks that entities not create multiple service tickets for the same request or technical issue. Additional entity validation resources can be found here: GSAFSD Tier 0 Knowledge Base - Validating your Entity.

Your organization must register in FedConnect at https://www.fedconnect.net to receive your award documents. To create an organization account, your organization’s SAM MPIN is required. It is imperative that you register as soon as possible. More information is available at City of Santa Clara DE-EE0010775 June 8, 2023
3 https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf. Questions pertaining to registration for FedConnect should be directed to https://fcsupport.unisonglobal.com/support/home.

PLEASE NOTE, ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS IS DONE IN FEDCONNECT. Acknowledgement of award documents by the recipient’s authorized representative through electronic systems used by the Department of Energy, specifically FedConnect, constitutes the recipient's acceptance of the terms and conditions of the award. Acknowledgement via FedConnect by the recipient’s authorized representative constitutes the recipient's electronic signature.

The Financial Assistance Regulations, found at 2 CFR 200 and 2 CFR 910 will assist you in understanding your requirements as an award recipient (See 2 CFR 200 – Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards; and 2 CFR 910 – Department of Energy Addendum to 2 CFR 200).

Following DOE’s initial review of your application, we may request a conference call with your principal project officials. To accelerate the award process, this meeting may be scheduled to address any questions regarding your specific award and application.

During the award process, we may conduct an independent third-party review of financial capability for your organization, including, in some cases, personal credit information of the principal(s). The purpose of the review is to determine whether special award conditions may be required due to an organization’s past performance and financial capability. DOE agrees not to disclose information to any third parties resulting from this type of review, other than when required by law.

After submission of a complete application and DOE review, your award will be processed as quickly as possible. The target completion date for your award will be one hundred twenty (120) calendar days after receipt of a complete application. Failure to comply with the application submittal dates and instructions may result in substantial delays in processing your award.

If your organization does not have prior experience performing on federal government awards, a DOE representative may be in contact to discuss the requirements of an adequate accounting system. Your organization must have an adequate accounting system in place prior to expenditure of any award funds, in accordance with 2 CFR 200.302. Additional information is available on the EERE Financial Opportunities Resources page at https://energy.gov/eere/funding/eere-funding-application-and-management-forms.

You may not incur pre-award costs without prior approval of DOE. All pre-award costs are incurred at your risk. DOE is under no obligation to reimburse such costs if for any reason you do not receive an award or if the award is less than anticipated and inadequate to cover such costs. All costs must be allowable, allocable, and reasonable for the awarded scope of work in accordance with 2 CFR 200 Subpart E or 48 CFR 31.2, as applicable. The earliest date pre-award costs will be considered for approval is December 29, 2022, the date the Energy and Water Development and Related Agencies Appropriations Act, 2023, was enacted.

Please note, DOE’s decision on whether and how to distribute federal funds is subject to the National Environmental Policy Act (NEPA) and DOE must conduct a NEPA review for all proposed project activities prior to authorizing the use of federal funds. Based on information available, DOE has not issued a final NEPA determination for this project. You should carefully consider and should seek legal counsel or other expert advice before taking any action related to the proposed project that would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE completing the NEPA review process.

DOE does not guarantee or assume any obligation to reimburse costs where the costs were incurred prior to receiving written authorization from the Contracting Officer. If you elect to undertake activities that may have City of Santa Clara DE-EE0010775 June 8, 2023
4 an adverse effect on the environment or limit the choice of reasonable alternatives prior to receiving such written authorization from the Contracting Officer, you are doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cost share. Nothing contained in the pre-award cost reimbursement regulations or any pre-award costs approval letter from the Contracting Officer override the NEPA requirements to obtain the written authorization from the Contracting Officer prior to taking any action that may have an adverse effect on the environment or limit the choice of reasonable alternatives.

This letter should not be construed as a commitment on the part of DOE to either make an award or to make an award for a particular amount, notwithstanding the amount expected based on the Energy and Water Development and Related Agencies Appropriations Act, 2023.

On behalf of the Department, I would like to express a sincere appreciation of your interest in the Office of Energy Efficiency and Renewable Energy programs. The following DOE team has been assigned to work with you on this project:

Grants Management Specialist: Traci Perry, 240-562-1582, [email protected] Contracting Officer: Stephanie Hodge, 240-562-1295, [email protected] Technical Project Officer: Thomas Rueckert, 202-586-0942, [email protected] NEPA Division Director: Andrew Montaño, 240-220-4117, [email protected]

Administrative questions regarding the application process should be addressed to Traci Perry. Technical questions concerning your project should be directed to Thomas Rueckert.

Sincerely,

Stephanie Carabajal
Director, Financial Assistance Office
Golden Field Office

cc:

Traci Perry, Grants Management Specialist
Stephanie Hodge, Contracting Officer
Thomas Rueckert, Technical Project Officer
Andrew Montaño, NEPA Division Director

r ~ l
Department of Energy
Golden Field Office
15013 Denver West Parkway
Golden, Colorado 80401

July 12, 2023

Eric Shum, P.E.

Electric Utility Engineer
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050

Dear Eric Shum, P.E.:

SUBJECT: FY23 Congressionally Directed Spending project entitled, “City of Santa Clara - Fire Station Microgrid Project”, Pending Award No. DE-EE0010775

Thank you for submitting a summary description of your pending agreement for your FY2023 Congressionally Directed Spending project. Upon review of your summary, DOE has determined the minimum non-federal cost sharing percentage for your project is 50%. Therefore, your application should reflect a DOE funding amount of $500,000, and your non-federal cost share amount of $500,000 for a total project amount of $1,000,000. As noted previously, the required cost share percentage is a minimum. You may choose to provide additional cost share resulting in a higher total project amount. Cost sharing is required of non-federal recipients of funding under Section 988 of the Energy Policy Act of 2005.

You are now required to submit a complete application package. As mentioned in our previous letter, the forms are available on the EERE Funding Opportunities Forms page under Pre-Award:
https://energy.gov/eere/funding/eere-funding-application-and-management-forms.

Please submit your application package to [email protected] within 30 calendar days of receipt of this letter. It is important to include the pending award number referenced in the above ‘Subject’ line on all forms/submissions. A complete application package must include the following forms and information:

1. Pre-Award Information Sheet and all required attachments, including but not limited to: Current and Pending Support, Participants and Collaborating Organizations, and any other required disclosures, waivers, attachments or supporting documentation REMINDER: Complete the Pre-Award Information Sheet first and promptly email it under separate cover to [email protected]

2. SF-424 Application for Federal Assistance

3. Certification and Assurances for use with the SF-424

4. Detailed Budget Justification

5. Copy of your approved Indirect Rate Agreement or a Rate Proposal supporting your proposed indirect costs in the Detailed Budget Justification

6. SF-LLL Disclosure of Lobbying Activities

7. Environmental Questionnaire, EQ1 (This form should be completed online at EERE: Project Management Center (energy.gov)

8. Statement of Project Objectives (SOPO)

9. Commitment Letters from Third Parties Contributing to Cost Share

11. Copy of the most recent independent Single Audit (for non-profits, states, local governments, and educational institutions) or independent Compliance Audit (applicable to for-profit entities)

City of Santa Clara DE-EE0010775 July 12, 2023
2 12. A short statement on whether the work will involve construction, alteration, maintenance or repair of publicly-owned infrastructure. Infrastructure includes but is not limited to: buildings and real property; dams, ports, harbors, and other maritime facilities; electrical transmission facilities and systems; utilities; and structures that generate, transport, and distribute energy (such as EV charging stations)

As a reminder, in addition to providing a complete application package, your organization must also register in the following systems:

1)
System for Award Management (SAM). All non-federal entities are required to register in SAM in order to do business with the federal government. To register in SAM, follow the process described at: https://www.sam.gov. Registrants must continue to maintain an active SAM registration with current information at all times during which it has an active federal award or applicant under consideration by a federal awarding agency. As part of the registration process, SAM will generate a Unique Entity Identifier (UEI) number. The UEI must be included in block 8.c. of the SF-424 Application for Federal Assistance. A UEI is required for all applicants.

NOTE: Due to the high demand of UEI requests and SAM registrations, entity legal business name and address validations are taking longer than expected to process. Entities should start the process as soon as possible. If entities have technical difficulties with the UEI validation or SAM registration process, they should utilize the HELP feature on SAM.gov. SAM.gov will work entity service tickets in the order in which they are received and asks that entities not create multiple service tickets for the same request or technical issue. Additional entity validation resources can be found here: GSAFSD Tier 0 Knowledge Base - Validating your Entity.

2) FedConnect. DOE will send your award documents electronically through FedConnect. Your organization will also acknowledge award documents through FedConnect. To register, go to:
https://www.fedconnect.net. To create an organization account, your organization’s SAM MPIN is required. It is imperative that you register as soon as possible. More information is available at https://www.fedconnect.net/FedConnect/Marketing/Documents/FedConnect_Ready_Set_Go.pdf.

Questions pertaining to registration for FedConnect should be directed to https://fcsupport.unisonglobal.com/support/home.

After submission of a complete application and DOE review, your award will be processed as quickly as possible. The target completion date for completing award negotiations will be 120 calendar days after receipt of a complete application. Failure to comply with the application submittal dates and instructions may result in substantial delays in processing your award.

City of Santa Clara DE-EE0010775 July 12, 2023
3 Please note, DOE’s decision on whether and how to distribute federal funds is subject to the National Environmental Policy Act (NEPA) and DOE must conduct a NEPA review for all proposed project activities prior to authorizing the use of federal funds. Based on information available, DOE has not issued a final NEPA determination for this project. You should carefully consider and should seek legal counsel or other expert advice before taking any action related to the proposed project that would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE completing the NEPA review process.

DOE does not guarantee or assume any obligation to reimburse costs where the costs were incurred prior to receiving written authorization from the Contracting Officer. If you elect to undertake activities that may have an adverse effect on the environment or limit the choice of reasonable alternatives prior to receiving such written authorization from the Contracting Officer, you are doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cost share. Nothing contained in the pre-award cost reimbursement regulations or any pre-award costs approval letter from the Contracting Officer override the NEPA requirements to obtain the written authorization from the Contracting Officer prior to taking any action that may have an adverse effect on the environment or limit the choice of reasonable alternatives.

If your organization does not have prior experience performing on federal government awards, a representative from the DOE Compliance Office may be in contact to discuss the requirements of an adequate accounting system. It is important to maintain proper time keeping records and accounting practices. Failure to do so may lead to costs being considered unallowable. Your organization must have an adequate accounting system in place prior to expenditure of any award funds. For more information on the negotiation process and relevant regulations, please review the “Recipient’s Guide to Negotiating with EERE,” available on the EERE Financial Opportunities Resources page at https://energy.gov/eere/funding/eere-funding- application-and-management-forms.

Thank you again for your interest in the Office of Energy Efficiency and Renewable Energy programs.

Administrative questions regarding your pending award, the application process or forms should be directed to Traci Perry, Grants Management Specialist; Technical questions should be directed to Thomas Rueckert, Technical Project Officer.

Sincerely,

Stephanie Carabajal
Director, Financial Assistance Office
Golden Field Office

cc:

Traci Perry, Grants Management Specialist
Stephanie Hodge, Contracting Officer
Sara Evans, Grants Specialist (Contractor)
Thomas Rueckert, Technical Project Officer
Andrew Montaño, NEPA Division Director

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1314 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems for Traffic Control Services for Silicon Valley Power

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Silicon Valley Power (SVP), has over 500 miles of overhead and underground transmission and distribution facilities required to transmit power to end users including Santa Clara residents and businesses. Many of these facilities are in the public right of way, such as roadways. In order to safely perform maintenance activities, SVP regularly requires traffic control services to establish and maintain safe work areas around public roadways.

DISCUSSION
Pursuant to City Code Section 2.105.140(d), a formal Request for Bids (RFB) was conducted with the award recommendation based on the lowest responsive and responsible bidder. In April 2022, the City issued the RFB for Traffic Control Services which was published on the City’s e-procurement system. The RFB requested bids from qualified sources to provide as-needed traffic control services in support of SVP maintenance activities and other activities in the public right of way. Two bids were received by the bid deadline. The City deemed one bid non-responsive as the bidder failed to provide sufficient information to determine whether the bidder met the minimum qualifications.

Staff performed reference checks on the responsive bidder, Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems (Statewide). Staff also performed a price analysis and concluded that Statewide’s bid prices were not fair and reasonable. As a result, the Purchasing Division Manager rejected all bids pursuant to Section 2.105.200 of the City Code of the City of Santa Clara, which states that “if all bids or proposals are rejected, the Purchasing Division Manager or designee may re -notice the solicitation or award without further complying with the provisions of this Chapter [Chapter

2.105 of the City Code] if readvertising is determined to be an idle act.” The Purchasing Division Manager determined that readvertising was an idle act. Staff performed outreach to multiple vendors and extended the bid deadline to increase participation. However, only the abovementioned bids were received by the extended deadline. Therefore, the Purchasing Division Manager directed staff to engage with Statewide to negotiate fair and reasonable pricing.

City staff successfully negotiated a cost savings of $284,250 over the proposed five-year term.

Staff requests authorization for the City Manager to execute an agreement with Statewide with a maximum compensation not to exceed $1,250,000 over a five-year term. The proposed agreement City of Santa Clara Printed on 2/15/2024Page 1 of 3
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24-1314 Agenda Date: 2/20/2024
includes a high-level scope of services and compensation paid on a time-and-materials basis at rates established in the agreement. The contractor may request adjustments once per calendar year. Any rate increases must be approved by the City and must be substantiated by the contractor to the satisfaction of the City.

Currently, Statewide is providing traffic control services using a purchase order and staff is satisfied with their services.

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15301 of Title 14 of the California Code of Regulations as the services involve traffic control relating to existing City facilities.

FISCAL IMPACT
The maximum compensation under the agreement is $1,250,000 over the five-year term. There is also a recommendation to authorize the City Manager to negotiate amendments to the agreement that could increase the maximum compensation to $1,500,000. The costs associated with this agreement are budgeted as part of SVP’s capital and operating budget based on the type of project requiring services. Funding for the first two years of the agreement is included in the Adopted FY 2023/24 and FY 2024/25 Operating Budget in the Electric Utility Operating and Capital Funds.

Funds required for these agreements in future years will be included in proposed budgets for corresponding years.

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 actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations;

2. Authorize the City Manager to execute an agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems (Agreement) for traffic control services with a maximum compensation not to exceed $1,250,000 over a five-year term when the Agreement is executed and ending on December 31, 2028, to be funded by the Electric Utility Funds subject to appropriation of funds for future years; and

3. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement and negotiate and execute amendments to the Agreement to (a) add or delete services
consistent with their scope of services; (b) adjust rates based on market conditions or labor agreement requirements; and (c) increase the maximum compensation by up to $250,000 for a City of Santa Clara Printed on 2/15/2024Page 2 of 3
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24-1314 Agenda Date: 2/20/2024
total maximum compensation of $1,500,000 over a five year period, subject to the appropriation of funds and the review and approval as to form by the City Attorney.

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

ATTACHMENTS

1. Proposed Agreement with Statewide Traffic Safety and Signs City of Santa Clara Printed on 2/15/2024Page 3 of 3
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EBIX Insurance No. S200005167

AGREEMENT FOR TRAFFIC CONTROL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

STATEWIDE TRAFFIC SAFETY AND SIGNS

PREAMBLE
This Agreement is entered into as of the City’s execution date (Effective Date) between the City of Santa Clara, California, a chartered California municipal corporation (City) and Statewide Traffic Safety and Signs, Inc. (dba Statewide Safety Systems), a Delaware corporation, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties.”

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

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees and Payment Provisions
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Exhibit
Exhibit E – Sample Work Authorization Form
Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

Page 1 of 39 ends

Exhibit F – Sample Traffic Control Work Order Report
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date and terminate on December 31, 2028.

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

4. WARRANTY
In addition to those warranties contained in Exhibit A, Contractor expressly warrants that all Services and materials 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 applicable to this Agreement.

Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services or materials 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 Services or materials, City may make corrections or replace Services or materials 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 representations regarding its skills and knowledge. Contractor shall perform such services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline 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 AND PAYMENT Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

Page 2 of 39 ends

PROVISIONS.” The maximum compensation of this Agreement is One Million two hundred fifty thousand Dollars ($1,250,000), 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 or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

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

B. Termination for Default. If C ontractor 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 s hall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

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

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

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

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

Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

Page 3 of 39 ends

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 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 Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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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 perform any portion of the 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, 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.

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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: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]

And to Co
ntractor addressed as follows:

Statewide Traffic Safety and Signs, Inc. dba Statewide Safety Systems 1101 N. 5th St.

San Jose, CA 95112
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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

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

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

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

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

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

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

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

STATEWIDE TRAFFIC SAFETY AND SIGNS, INC. DBA STATEWIDE SAFETY

SYSTEMS
a Delaware corporation

Dated:

By (Signature):

Name: Jon Lang
Title: Vice President
Principal Place of
Business Address:
2722 S. Fairview
Santa Ana, CA 92704
Email Address: [email protected] [email protected] Telephone: (949) 936-7133
Fax: ( )
“CONTRACTOR”
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EXHIBIT A – SCOPE OF SERVICES

TABLE OF CONTENTS

SECTION 1. GENERAL ........................................................................................... 10 SECTION 2. SERVICES TO BE PERFORMED ...................................................... 10 SECTION 3. HOURS AND DAYS OF SERVICE ..................................................... 11 SECTION 4. WORK AUTHORIZATION PROCESS .. Error! Bookmark not defined.

SECTION 5. APPLICABLE LAWS AND REGULATIONS ........................................ 16 SECTION 6. PERMITS AND LICENSES ................................................................. 17 SECTION 7. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS ............ 17 SECTION 8. SAFETY .............................................................................................. 17 SECTION 9. INJURY/PROPERTY DAMAGE .......................................................... 18 SECTION 10. CONTRACTOR PERSONNEL ............................................................ 18 SECTION 11. EBUILDER .......................................................................................... 19

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SECTION 1. GENERAL

1.1 Contractor shall furnish all labor, materials, tools, and equipment necessary to provide traffic control (Services).

1.2 Contractor shall perform the Services in accordance with generally accepted industry best practices, and all applicable federal, state, or local regulations.

1.3 Contractor shall be responsible for obtaining any City permits to perform any required services.

SECTION 2. SERVICES TO BE PERFORMED

2.1 Contractor shall provide as -needed traffic control services in support of SVP maintenance activities and in accordance with the SVP approved traffic control plan. Contractor may also be required to provide traffic control services for other activities that are in the public right of way.

2.2 Contractor shall perform the required traffic control services on designated City streets and highways.

2.3 Designated streets shall be defined as any street within the Santa Clara City limits including, but not limited to, expressways, major streets, state highways, county roads, turn lanes, full lanes, intersections, and crosswalks.

2.4 Contractor shall provide a team of traffic control technicians (flaggers) to control and direct traffic around designated construction sites.

2.5 Traffic control services shall include, but not be limited to:

2.5.1 Setting up barricades and traffic cones along construction or maintenance sites to cordon off certain areas;

2.5.2 Using hand signals, flags, and direction signs to direct traffic around road construction sites;

2.5.3 Communicating with other flaggers using hand- held radios to direct two- way traffic onto a single lane;

2.5.4 Informing the construction maintenance crew of any traffic issues that may affect their safety;

2.5.5 Appropriately positioning warning and detour signs around construction sites; and

2.5.6 Removing all signs, barricades, and traffic cones upon completion of construction work.

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2.5.7 Flaggers shall not use personal multi -media or communication devices [i.e., portable radios, cell phones (unless issued by Contractor for flagging crew communications), CD players, MP3 players, umbrellas, or chairs] at the flagging stations(s).

2.5.8 Flaggers shall not sit while flagging or use cones as flag holders.

2.5.9 Flaggers shall face oncoming lanes of traffic at all times.

2.5.10 Contractor shall provide a lead worker/supervisor at each jobsite.

SECTION 3. HOURS AND DAYS OF SERVICE

3.1 Contractor shall be available to provide the required traffic control services 24 hours a day, 7 days a week.

3.2 Contractor’s services shall typically be required during SVP’s normal business hours: 7:00 AM - 7 PM, Monday through Friday.

3.3 Emergency Services.

3.3.1 An emergency service shall be defined as an unforeseen event, circumstance, or combination thereof that the City reasonably determines to require immediate action, presents an ongoing danger to public health and safety, and/or imperils the SVP facilities and equipment.

3.3.2 Contractor will provide emergency response services, as needed.

3.3.3 Contractor shall be available to respond to emergency calls for services 24 hours a day, 7 days a week.

3.3.4 Contractor shall respond to emergency calls for services within 2 hours.

SECTION 4. WORK REQUEST AND APPROVAL PROCESS

4.1 In its sole discretion, the City may authorize the Services through SVP Control Operator, SVP Transmission and Distribution (T&D) Electric Crew Foreperson, SVP T&D Division Manager, Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer. These Services may be authorized verbally or by e-mail.

4.2 Before initiating any work, Contractor shall review to assure that the Services requested will not result in total costs under this Agreement exceeding the maximum compensation in Section 6 of the Agreement (when combined with all previously authorized Services).

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4.3 Upon completion of daily Services, Contractor shall present a Traffic Control Work Order Report similar to the sample document in Exhibit F to the SVP staff person that is in charge at the site for signature.

4.4 At City’s sole discretion, City may require the Alternate Work Authorization Process described in Section 5. Such Alternate Work Authorization Process may be required for a specific Work Request (as defined in this Section or for all Work Requests from a specified date forward.

SECTION 5. ALTERNATE WORK AUTHORIZATION PROCESS:

5.1 SVP, at SVP’s sole discretion, may determine that the process described in this Section 5 (Alternate Work Authorization Process) is better suited for a portion of the Services. At the direction of the SVP, the Alternate Work Authorization Process may apply to specific projects or to all projects started after a specific date. In the event that this section applies, SVP will notify Contractor to provide a proposal for Services. SVP will provide a description of the Services required, the deadline for response, and any other relevant information (Work Request).

5.2 When this Alternate Work Authorization Process is applicable, except in the situations described in Section 5.4 or 5.4.12.4, Contractor shall not initiate services before receiving written authorization (Approved Work Authorization and Purchase Order).

5.3 Proposal. Contractor shall prepare and submit a proposal (Proposal) for each Work Request that includes:

5.3.1 A work plan that includes a detailed description by task of the services to be performed.

5.3.2 A project timeline/schedule with discussion on any activities that may impact the project timeline/schedule.

5.3.3 A list of Contractor’s personnel and subcontractors including subcontractor Department of Industrial Relations (DIR) number where required.

5.3.4 Any required drawings or documents.

5.3.5 A list of City responsibilities.

5.3.6 An itemized cost proposal showing:

5.3.6.1 Hours and hourly rates by position as listed in Exhibit B for both Contractor and subcontractor personnel if applicable. Indicate labor subject to prevailing wage requirements.

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5.3.6.2 Itemized list of p arts/materials indicating which parts and materials are taxable;

5.3.6.3 Rental and/or specialty equipment;

5.3.6.4 Reimbursable expenses, in accordance with the limitations set forth in Exhibit B;

5.3.6.5 Any additional costs including, but not limited to freight, permits, fees;

5.3.6.6 Breakdown of materials and labor sufficient to calculate sales tax;

5.3.6.7 Estimated total cost including sales tax.

5.3.6.8 All submitted pricing shall be in accordance with the rates authorized in Exhibit B of this Agreement and the Proposal shall include sufficient information for the City to determine that rates are in accordance with the Agreement.

5.3.7 Cost for any additional equipment, parts, or services required for completion of services as detailed in the Work Request and in Contractor’s Proposal but not reflected in the Contractor’s cost proposal shall be the sole responsibility of the Contractor and at no cost to the City

5.3.8 The City will review the Proposal, and may elect to approve it, reject it, or use it as a basis for further negotiations with Contractor.

5.3.9 Provided that Contractor’s original Proposal includes all items listed in Section 5.4.6, the City and Contractor may negotiate whether the cost for Work Authorization will be fixed price (lump sum) or based on specific rates of compensation (e.g. time- and-materials) for completion of the services.

5.3.10 Contractor must submit a revised Proposal to the City based upon such negotiations. If a fixed fee or lump sum is authorized, a payment schedule shall be included. The final proposal shall include a clear breakdown of materials and labor indicating taxable and non- taxable items and an estimate of sales tax.

5.4 Work Authorization

5.4.1 If the completion of the services in the Proposal will not result in total costs under this Agreement exceeding the maximum compensation in Section 6 of the Agreement (when combined with all previously authorized Services), the City may authorize the proposed services as set forth in this Section;
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5.4.2 The City will review the Proposal, and may elect to approve it, reject it, or use it as a basis for further negotiations with Contractor.

5.4.3 For Proposals with a total cost exceeding $50,000, Work Authorizations shall be issued in substantially the same format as Exhibit E. Each Work Authorization shall describe the proposed services and deliverables the Contractor must provide (a) the time limit within which the Contractor must complete the proposed service and deliverables, and (b) the compensation.

5.4.4 Subject to the terms and conditions of this Agreement, Contractor and City will negotiate the specific scope and requirements of each Work Authorization. Upon execution by the Parties, the Work Authorization shall become an Approved Work Authorization.

5.4.5 Each Approved Work Authorization shall have a Purchase Order attached to it. A Purchase Order (“Purchase Order”) is a document issued by the City of Santa Clara Finance Department which will reference the terms and conditions of this Agreement and serves and final approval for each Approved Work Authorization.

5.4.6 For Proposals with a total cost less than $50,000, a signed Work Authorization is not required. The City will issue a Purchase Order authorizing Services and the Purchase Order will serve as the Approved Work Authorization.

5.4.7 Only the Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer may, on behalf of the City, execute a Work Authorization. Purchase Orders are issued by the Finance Department.

5.4.8 Except in the case of emergency which shall confirm to the conditions of Section 5.5 or where the circumstances in Section 5.4.12.4 apply, Contractor shall not initiate the work associated a the Work Request and/or Proposal and the City will not compensate the Contractor until the City has executed the Work Authorization for such Work Request and/or Proposal where applicable (“Approved Work Authorization”) and issued a Purchase Order.

5.4.9 If Contractor begins the Services or fails to dispute a Purchase Order within three (3) business days, Contractor is assumed to have accepted the terms of the Purchase Order.

5.4.10 An Approved Work Authorization must be consistent with – and cannot alter - the terms and conditions of this Agreement. The terms and conditions of this Agreement shall prevail over any and all terms and conditions contained in a Proposal – even if the Proposal expressly states Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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that it is intended to control. Any conflicting terms and conditions in a Proposal are invalid and unenforceable.

5.4.11 The City (through the individuals listed in section 5.5.7 or, in the case of Purchase Orders, the Finance Department) may terminate an Approved Work Authorization, Purchase Order, or an Emergency Work Order for convenience with ten (10) days prior written notice to Contractor. In such event, the Contractor shall have no further rights hereunder, except that Contractor shall be paid for all Services adequately rendered prior to such termination.

5.4.12 Changes to Approved Work Authorization:

5.4.12.1 Contractor shall notify the City immediately when a situation occurs that may result in a change to the total project cost or specific line items in an Approved Work Authorization.

Contractor shall provide the reason for the change specific to each Approved Work Authorization.

5.4.12.2 Contractor shall submit justification demonstrating that changes in cost are associated with changes in scope. Contractor shall not be entitled to additional compensation for issues such as errors in calculation of original pricing, changes in staff, or other changes that are not directly related to changes requested by City.

5.4.12.3 In the event that unanticipated site conditions or other issues result in costs that exceed total of the Approved Work
Authorization or changes to line items in an Approved Work Authorization or in the Purchase Order, Contractor shall submit to the City an updated Proposal for review and approval from the 5.5.6) or Purchase Order (as applicable) to authorize services exceeding those in the Approved Work Authorization.

Each changed Approved Work Authorization shall amend the Services and be incorporated into the Services by reference.

5.4.12.4 In the event that issues are identified that can be most efficiently and economically resolved while on site, changes may be approved verbally (in the field), by telephone, or e- mail by the following authorized individuals: SVP Control Operator, T&D Foreman, Electric Division Manager, Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer. Such authorization shall be defined as an Interim Work Order. Contractor shall provide an updated Proposal within two (2) business days so that such changes can be documented in a Work Authorization and/or Purchase Order.

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5.5 Emergency Work Orders

5.5.1 An emergency work order (Emergency Work Order) should be utilized only in instances of a threat to public health or safety, loss of or damage to property, or serious disruption to essential services. An emergency is defined as an unforeseen event, circumst ance, or combination of circumstances that the City reasonably determines to require immediate action.

5.5.2 Emergency Work Orders do not need to be in writing and may be authorized by the SVP Operator, SVP Transmission and Distribution (T&D) Electric Crew Foreperson, SVP Electric Division Manager, Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer. Such verbal authorizations will be confirmed by the City in writing within three (3) business days by a Purchase Order or, where applicable, a Work Authorization and Purchase Order.

5.5.3 When emergency services are required, Contractor shall send a Proposal to the City for the required Services as soon as possible, but no later than three (3) business days after the commencement of such Services. The Proposal shall be detailed in accordance with this Section 5 and shall also include any completed Services. The City will issue a Work Authorization (if required pursuant to Section 5 .3.2) and a Purchase Order as soon as reasonably practicable.

5.6 Each Approved Work Authorization and Purchase Order including those authorizations issued pursuant to Section 5.5 and 5.4.12.4 shall be incorporated into the Agreement by reference and subject to its terms and conditions and the Services contained therein shall be included within the Services.

5.7 Proposals, pricing, and quotes are not confidential and will not be treated as confidential even if marked confidential when submitted.

5.8 If SVP has determined that all Work Request are subject to this process then, except in the situations described in Section 5.4.12.4 and Section 5, Contractor shall not initiate services before a Work Authorization has been executed and/or Purchase Order has been issued.

SECTION 6. APPLICABLE LAWS AND REGULATIONS

6.1 Contractor shall be informed of and comply with all applicable present and future federal, state, and local regulations, ordinances and codes including but not limited to the Occupational Safety and Health Administration (OSHA) and the California Department of Industrial Relations and State Division of Industrial Safety.

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6.2 Where any applicable laws or ordinances conflict with the City’s requirements, the more stringent requirement(s) shall be followed. Contractor's failure to be thoroughly familiarized with the provisions of any applicable federal, state, and local regulations, ordinances and codes shall not relieve Contractor from compliance with the obligations and penalties resulting therefrom.

SECTION 7. PERMITS AND LICENSES

7.1 Contractor shall obtain, maintain, and pay for all licenses, permits, and certificates required by any statute, ordinance, rule, or regulation.

SECTION 8. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS

8.1 All equipment, tools (including any specialty tooling), and materials required for the execution of the work shall be provided by Contractor. City will not loan tools or equipment to Contractor. Neither the Contractor nor its workers shall attempt to borrow tools or other materials from SVP personnel.

8.2 Tools and equipment shall be kept in proper operating condition and used only for the purpose for which they were designed. SVP reserves the right to suspend work if improper tools or equipment are being used or operated.

8.3 Tools and equipment shall be safely stored overnight under lock and key. Loss of any tools or equipment shall be reported immediately to SVP.

8.4 All vehicles, equipment, and ladders shall be secured when not in use. Keys shall not be left in any vehicles or equipment when not in use. SVP will not be responsible for the loss of tools, equipment, or materials.

SECTION 9. SAFETY

9.1 Safety must always be the top priority. Contractor must take all necessary precautions for the safety of all persons on the work site. Contractor must erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of all persons and the public including posting danger signs and warnings against known or unusual hazards.

9.2 Contractor shall maintain an effective Injury and Illness Prevention Program (IIPP) in writing pursuant to Section 3203, Title 8 of the California Code of Regulations (CCR). The written plan shall include specific instructions with regard to hazards unique to the employee's job assignment. At City’s request, a copy of the Contractor’s IIPP shall be submitted to the City prior to the execution of an agreement and be made available on-site.

9.3 Contractor shall schedule safety inspections as necessary and as may be requested by the City to identify and correct unsafe conditions and work practices. The City reserves the right to accompany Contractor during these inspections.

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9.4 Contractor’s employees (including any subcontractors) shall utilize appropriate Personal Protective Equipment (PPE) and Fire Resistant (FR) clothing, as required. Any required PPE and FR clothing shall be provided at the expense of Contractor.

9.5 When requested by the City, Contractor shall provide an on-site Safety Manager/Supervisor to ensure compliance with all applicable Safety rules and regulations, perform daily audits and submit daily reports to the City that identify discrepancies or non-compliance, provide direction in regards to safety rules and regulations to Contractor Supervisor and Contractor employees.

SECTION 10. INJURY/PROPERTY DAMAGE

10.1 Contractor shall notify the City immediately in the event of an injury or property damage that occurs during the performance of the services. Contractor shall investigate the reported injury or damage upon request from SVP and provide SVP with regular updates including all accident reports until the investigation is resolved. SVP reserves the right to perform its own investigation. Should SVP choose to conduct its own investigation, Contractor shall assist as required.

SECTION 11. CONTRACTOR PERSONNEL

11.1 Project Manager/On-Site Supervisor

11.1.1 Contractor must designate one (1) Project Manager or On-Site Supervisor to communicate with the City during performance of work.

The Project Manager/On-Site Supervisor is the designated point of contact for the City to communicate work tasks and receive feedback.

The Project Manager/On-Site Supervisor must be capable of communicating effectively with SVP staff.

11.2 Staffing

11.2.1 Contractor shall be responsible for its employees' professional and technical competence and will select appropriate individuals who are qualified, certified, and/or licensed to perform the assigned task.

11.2.2 Contractor shall ensure its employees and any subcontractors supply proper identification when requested by the City.

11.2.3 Contractor shall inform SVP immediately of any change in key personnel assigned to this agreement. Contractor shall submit the resumes and other qualifications of the proposed replacement employee(s) to SVP for review and approval.

11.3 Employee Training
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11.3.1 At Contractor’s sole cost and expense, Contractor shall provide recurring, periodic (no less than annual) training to its employees (including subcontractors) appropriate to the duties and responsibilities of each employee.

11.3.2 It is essential that all employees be thoroughly trained and familiar with the equipment and procedures to be followed.

11.3.3 Training shall follow Contractor’s standard policies and procedures and shall be in compliance with all applicable federal, state, and local laws, including but not limited to safety and injury prevention training requirements contained in the OSHA standards.

11.3.4 Contractor shall be familiar with SVP’s operating standards. All employees are required to watch SVP’s safety video once per calendar year or prior to the commencement of work.

11.3.5 At the City’s request, Contractor shall submit copies of training records for its employees.

11.4 Standards of Conduct

11.4.1 Contractor shall be solely responsible for its employees while on or about the work site, including but not limited to, maintaining discipline, ensuring standards of conduct are adhered to, and enforcing safety policies, procedures, and orders. Contractor shall ensure that while on or about the work site, its employees do not:

11.4.2 Display a discourteous, abrupt, abrasive, or belligerent attitude.

11.4.3 Possess or use alcohol, narcotics, firearms, or illegal drugs.

11.4.4 Use any prescribed or over-the-counter medications which can potentially impair the employee's ability to perform the work safely.

11.4.5 Present or identify themselves as employees of the City of Santa Clara.

11.4.6 Possess any firearms, narcotics, drugs, intoxicants, or other restricted materials while on the premises.

11.4.7 The City reserves the right, at its sole discretion, to refuse the services of any particular Contractor employee.

11.4.8 In the event that a complaint is made against a Contractor employee, Contractor shall notify the City immediately and provide a written explanation detailing how the situation was resolved.

SECTION 12. EBUILDER
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12.1 When required by City, Contractor shall use utilize e-Builder for submission of data and documents throughout the term of this agreement.

12.2 e-Builder is a web-based construction management application hosted by e- Builder, Inc. For certain projects to be defined by the City, e-Builder shall be the primary means of project information submission and management or as otherwise agreed upon with the City.

12.3 The City will establish the Contractor's access to e-Builder by providing licenses to Contractor’s personnel at City’s cost. The Contractor’s designated users will be required to set up their computers/systems to use e-Builder in accordance to the e-Builder User Training Guide. The City reserves the right to limit the licenses issued to Contractor in the future.

12.4 Contractor is required to obtain all necessary training to use the software. The City will provide one classroom training or a web-based seminar. A training session is 1 - 2 hours.

12.5 e-Builder is a web-based environment and therefore it is subject to the inherent speed and connectivity limitations of the Internet. Contractor is responsible for its own connectivity to the Internet. e-Builder’s response time is dependent on the Contractor's equipment, including processor speed, Internet access speed, etc., and current traffic on the Internet. The City will not be liable for any delays associated with the usage of e-Builder including, but not limited to slow response time, downtime periods, connectivity problems, or loss of information. The Contractor shall ensure connectivity to the e-Builder system whether at the home office or job site. Under no circumstances will the usage of e-Builder be grounds for a time extension or cost adjustment to the Agreement.

12.6 Data entered in a collaborative mode (entered with the intent to share as determined by permissions and workflows within the e-Builder system) by the City and the Contractor will be jointly owned.

12.7 Contractor is responsible for managing, tracking, and documenting the work to comply with the requirements of this Agreement. The City's acceptance via automated system notifications or audit logs extends only to the face value of the submitted documentation and does not constitute a validation of the Contractor's submitted information.

12.8 At the City’s sole discretion, project documents may be processed and distributed digitally over the internet or may be required to be presented in hard copy format.

12.9 While regular email may still be used for communication, when requested by the City, e-Builder shall be utilized as much as possible in connection with all document and information management required in the performance of projects where City has directed the use of e-Builder. Contractor shall be responsible for scanning or otherwise converting to electronic format all project submittals and Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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Contractor correspondence, drawings, sketches, etc., and uploading them to the e-Builder website and shall be responsible for the validity of the information placed in e-Builder. The Contractor shall utilize the existing forms and processes in e-Builder to the maximum extent possible. If a required form does not exist in e-Builder, the Contractor shall include a form of its own or one provided by the City (if available) as an attachment to a submittal or process. Documents and information to be submitted electronically include, but are not limited to:

12.9.1 Correspondence

12.9.2 Meeting Minutes

12.9.3 Submittals and Shop Drawings

12.9.4 Product Data, reports, certifications, etc. must be submitted in PDF. (If a sample can be scanned, it is requested that a scanned PDF copy be submitted with the sample.

12.9.5 Requests for Information (RFI’s)

12.9.6 Submittals and Shop Drawings

12.9.7 Change Order requests and documentation, including record copies of change orders, proposals, and modifications.

12.9.8 Pay Applications

12.9.9 “Official” correspondence (such as letters) including informal correspondence, such as email.

12.9.10 Pre-Task Plans (PTPs)

12.9.11 Daily Construction Reports and other Daily Reports including Contractor Quality Control (CQC) Report

12.9.12 All official reports, such as Commissioning reports

12.9.13 Notices and Claims

12.9.14 Operations and Maintenance Manuals

12.9.15 All Close-out documents, and

12.9.16 All testing results

12.10 Archive Copies: When requested by City, Contractor shall keep an archive copy of all digital data created by Contractor, or submitted to Contractor via e-mail, or resident on the e-Builder for the duration of the Project. Such data shall be Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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available to City, and authorities with the jurisdiction (including funding agencies or representatives) on demand.

12.11 Should the City replace e-Builder with a different project management tool, Contractor, and subcontractors shall be required to utilize the new project management tool selected by the City
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EXHIBIT B

SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION
The maximum compensation payable to Contractor under this Agreement shall not exceed the amount in Section 6 (Compensation and Payment) of this Agreement.

SECTION 2. RATES

2.1 Rates. Co ntractor shall quote and invoice all services at the rates listed in Appendix B1 (Rate Sheet) attached and incorporated by reference.

2.2 Rates listed in Appendix B1 are fully burdened and will remain fixed for the first two
(2) years of the Agreement.

2.3 Rate Increase. Cont ractor shall notify the City ninety (90) days in advance of any proposed rate increase. Rates may be negotiated no more than once annually.

Any rate increases are subject to approval by the City and must be substantiated by the Contractor to the satisfaction of the City. All rate adjustments must be approved by the City through an amendment to this Agreement . References to alternate rates in quotes that have not been separately authorized pursuant to this section are not approved.

2.4 Reimbursable Expenses. Any and all reimbursable expenses related to each Work Auth
orization or Purchase Order shall be described in Contractor’s Proposal as set forth in Section 8 of Exhibit A and accounted for in the total cost for each Proposal, Work Authorization, and Purchase Order. Expenses shall be reimbursable only to the extent that (1) Contractor submits sufficient documentation to City that the expenses were directly incurred in providing the required Services, (2) Contractor demonstrates that such expenses aren’t included in the hourly rate where applicable, (3) such expenses were approved in advance pursuant to Section 4 of Exhibit A, (4) Contractor submits receipts, invoices, or other supporting documentation demonstrating that such reimbursable costs were incurred.

Reimbursable Expense Schedule Mark Up

1. The cost of mailing, shipping and/or delivery of any documents or materials.

No Markup

2. The cost of photographing, printing, reproducing
and/or copying any documents or materials.

No Markup

3. Charges for outside services (including subcontractor fees, equipment, materials, and facilities not
furnished directly by Contractor).

No Markup

4. Other reimbursable expenses with prior written
approval from the City
No Markup
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Reimbursable Expense Schedule Mark Up

5. Allowable mileage will be charged at the prevailing
IRS rate per mile.

No Markup

6. Unless approved in writing (e-mail acceptable) in
advance, meals, lodging, and related per diem shall
not exceed the rates outlined by United States
General Services Administration (GSA).
https://www.gsa.gov/travel-resources. Airfare or
rental car, where applicable shall be at economy
rates.

No Markup
SECTION 3. PAYMENT PROVISIONS

3.1 Contractor shall provide an invoice to the City on a monthly basis for services completed in the immediately preceding month. The invoice must include the following information:

3.1.1 Invoice Number, Purchase Order Number, and Invoice Period.

3.1.2 Current amount due with a time and materials breakdown: titles, hours, and hourly rates,

3.1.3 Traffic Control Work Order Report signed by the SVP staff person that is in charge at the site.

3.1.4 Each invoice shall provide sufficient detail for City to verify that the rates in Appendix B1 are charged and invoices shall include sufficient detail to compare to certified payroll submittals for accuracy.

3.2 Pre-Paym
ent. City shall not be required to pay a deposit or any other form of pre- payment prior to Contractor beginning work.

3.3 Payment Limited to Satisfactory Work. Contra ctor is not entitled to any payments until the City concludes that the services and/or any furnished deliverables have been satisfactorily performed.

3.4 Recalculation. The
City may recalculate and pay invoices based on the rates established in this Agreement.

3.5 Disputed Invoices. If the City in good faith disputes any portion of an invoice, the City shall pay the undisputed portion of the invoice and submit written notice to Contractor regarding the disputed amount. The notice shall include documentation supporting the disputed amount.

3.6 Payment. If
there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required Certified Payroll, City shall process the Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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invoice for payment. City will make payments to Contractor within thirty (30) days after the date of approval of each invoice
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APPENDIX B1 TO EXHIBIT B

RATE SHEET
SECTION 3. LABOR RATES
Row # Description
Unit of
Measure Rate
1 Labor charge per traffic control person from 6:30
a.m. – 3:30 pm; Monday – Friday (4-hour
minimum)
Hour $130.00
2 Labor charge per traffic control person from 3:30
p.m. – 6:30 pm; Monday – Friday (4-hour
minimum)
Hour $135.00
3 Labor: Holidays/Weekends (4-hour minimum) Hour $200.00 Hourly
rates include basic traffic control items such as cones, personal protective equipment, one truck per 2-person crew, and transportation to and from job sites.

Holidays: New Year’s Day, Martin Luther King, Jr. Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, California Admission Day, Indigenous Peoples’ Day, Veterans Day, Thanksgiving, Christmas Day
SECTION 4. RENTAL RATES
SKU# Description Daily Rate Weekly
Rate
4-Week Rate
Towable & Truck Equipment
RT30090 Arrow Board $95.00 $225.00 $750.00
RT40056 Speed Monitoring Radar Trailer $60.00 $200.00 $500.00 RT40067 Speed Feedback Sign "CALTRANS" $90.00 $300.00 $750.00 RT20050 Message Board $225.00 $550.00 $1,800.00
RE60145 Light Tower (plus fuel) $110.00 $340.00 $950.00 RE60165 Balloon Light with Generator $50.00 $160.00 $400.00 RT60501 Truck Mounted Attenuator (TMA)
Truck (No Driver; $0.75/Mile + Fuel)
$600.00 $2,000.00 $5,000.00
RT07502 TMA Trailer Nevada Only) $150.00 $600.00 $1,800.00 RT08079 Automated Flagging Assistance
Device (AFAD) Automated Flagger
(Set of 2)
$400.00 $1,200.00 $3,600.00
RT50500 Portable Traffic Signal (Set of 2) $800.00 $2,200.00 $5,500.00 RT30177 Airport X Marker (Plus Fuel) $300.00 $1,150.00 $2,850.00 Specialty Barricades and Barriers
RJ02013 Crowd Control (Bike Rack / Parade) $5.00 $20.00 $50.00 RT07558 Water Wall Barrier $10.00 $35.00 $100.00
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SKU# Description Daily Rate Weekly
Rate
4-Week Rate
RT07589 K-Rail (Concrete) 10' 4-Week
Minimum
Call Call Call
RT07591 K-Rail (Concrete) 20' 4-Week
Minimum
Call Call Call
RT07588 K-Rail Lifter $90.00 $250.00 $650.00
RT07494 Absorb-350 2-Element $75.00 $220.00 $600.00
RT07520 Absorb-350 TL-2 5-Element $95.00 $270.00 $700.00 RT07521 Absorb-350 TL-3 9-Element $130.00 $400.00 $1150.00 RT07073 Absorb-350 Additional Element A $10.00 $40.00 $100.00 RT07075 Absorb-350 Additional Element B $10.00 $40.00 $100.00 RT072013 Absorb M TL-2 (Mash) $95.00 $260.00 $700.00
RT072012 Absorb M TL-3 (Mash) $115.00 $350.00 $1000.00
RT07018 Sled TL-2 $95.00 $275.00 $750.00
RT07020 Sled TL-3 $125.00 $365.00 $975.00
RT06015 Sand Filled CC - 2100 $5.00 $20.00 $50.00
RT06016 Sand Filled CC - 1400 $5.00 $20.00 $50.00
RT06019 Sand Filled CC - 700/400/200 $5.00 $20.00 $50.00 RT06017 Crash Cushion Lifting Clamp $25.00 $100.00 $250.00 Construction Signs / Stands / TC Equipment
RT01159 28" Cone, 10-lb. Base (Day/Night) $1.00 /////
RT02512 Delineator Post with Base $1.00
RT02540 Delineator Base Only $0.35
RT02523 Traffic Drum with Base $4.00
RS03200 Small Aluminum Sign (< 36") $3.00
RS03100 Large Aluminum Sign (36" - 60") $4.00
RS03300 X Large Aluminum Sign (60" >) $6.00
RT03099 Type I Barricade / No Parking Sign $1.00
RT03147 Type II Barricade $1.50
RT03113 Type III Barricade $4.00
RT04076 Barricade Light $0.65
RT03790 Type III Crash Worthy Barricade $8.50
RS10991 Roll-Up Sign with Brace $5.00
RS08191 Sign Stand with Spring $8.00
RW08227 Warning Flags $0.50
Miscellaneous
RE10053 12" Beacon Head with Battery $20.00 $70.00 $175.00 RE10064 Solar Beacon Head with Battery $45.00 $120.00 $300.00 RT08059 Rumble Strips (Set of 12) $175.00 $520.00 $1,300.00 Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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EXHIBIT C - INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:

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:
$2,000,000 Each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 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, non-owned and hired autos.

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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. 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. Cit
y 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 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contr
ibuting. 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.
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.

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

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

E. ADDITIONAL INSURANCE RELATED PROVISIONS
Contrac
tor and City agree as follows:

1. Contractor agrees to ensure that subcontractors, and any other party involv
ed 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 part
y 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.

F. 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, Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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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.

G. 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 Electric Department
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]
H. 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.

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EXHIBIT D

LABOR COMPLIANCE EXHIBIT
This Exhibit is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

A. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774- 1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

B. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Exhibit shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with Statewide Traffic Safety and Signs dba Statewide Safety Systems Rev. 07-01-18

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practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

C. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Exhibit.

4. City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

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City Council and Authorities ConcurrentFebruary 20, 2024

City Council and Authorities Concurrent
February 20, 2024