City Council and Authorities Concurrent
April 9, 2024

TITLE: Office Specialist III

DEPARTMENT ACCOUNTABLE TO FLSA STATUS
Various Various Non-Exempt

CLASS SUMMARY
This advanced secretarial class is distinguished from other City office support classes in that incumbents normally report to division head or higher City position with responsibilities involving the frequent use of tact, discretion, initiative, and independent judgment. Responsibilities include regular contact with government officials, City Council or board or commission members, representatives of business or community organizations, the public, and all levels of City personnel to exchange information and explain administrative policies and procedures.

MINIMUM QUALIFICATIONS

EDUCATION AND EXPERIENCE
Minimum Requirements:
 Graduation from high school or possession of a GED;
 Four (4) years of progressively responsible secretarial or office administrative experience; and
 Computer proficiency in Microsoft Word and Excel.

ACCEPTABLE SUBSTITUTION
None

LICENSES/CERTIFICATIONS
 Possession of a valid California Class C driver’s license is required at time of appointment and for duration of employment.
 Certification of the ability to type at a net rate of 50 wpm on a computer is required at time of application.

OTHER REQUIREMENTS
 Must be able to perform all of the essential functions of the job assignment.

TYPICAL DUTIES
Each position in this classification may not include all the duties listed below, nor do the examples cover all duties that may be performed.

Under general supervision:

 Performs complex secretarial and administrative support work in support of departmental functions;
 Provides lead direction, training, and review of assigned office support staff work;  Receives and screens visitors and telephone calls providing information which regularly requires the use of judgment and the interpretation of policies and procedures; OFFICE SPECIALIST III (938)

 Conducts routine research, compiles data, and performs routine statistical analysis;  Sorts and distributes mail received by administrative staff;  Types drafts and a wide variety of finished documents from longhand notes, brief instructions, or printed materials using a personal computer system and word processing software;
 Initiates specified correspondence independently for signature by appropriate management staff;
 Reviews finished materials for completeness, accuracy, format, compliance with policies and procedures, and appropriate English usage;
 Organizes and maintains various administrative, reference, and follow-up files;  Organizes meetings by notifying participants, making room arrangements, and preparing required informational materials;
 Prepares minutes or summaries of activities of commission and board meetings;  May perform budget maintenance and assist division head or higher level management staff in budget preparation;
 Relieves managers and supervisors of certain administrative matters by following up on projects, transmitting information, keeping informed of pertinent activities, making appointments, and maintaining a calendar;
 Organizes own work, sets priorities, and meets critical deadlines; ensures that such deadlines are met by other staff;
 May provide relief back-up support for clerical staff as required; and  Performs other related duties as assigned.

KNOWLEDGE, SKILLS, & ABILITIES

Knowledge of:
 Standard office administrative and secretarial practices and procedures, including business letter writing;
 The operation of common office equipment including a personal computer, on-line terminal, and facsimile machine;
 Recordkeeping;
 Report preparation;
 Filing methods;
 Correct English usage, including spelling, grammar, punctuation, and vocabulary;  Standard business arithmetic;
 Basic supervisory principles and practices; and
 Office safety practices, procedures and standards

Ability to:
 Provide varied, complex, and often confidential secretarial and office administrative assistance to division head or higher level management staff;  Use initiative and independent judgment within established guidelines;  Establish and maintain cooperative working relationships with those contacted in the course of work, including the general public;
 Analyze and resolve administrative situations and problems; OFFICE SPECIALIST III (938)

 Research, compile, and summarize a variety of informational materials;  Use word-processing, spreadsheet, and scheduling software proficiently;  Compose correspondence independently or from brief instructions;  Type from clear copy at a net rate of not less than 50 words per minute on a computer keyboard;
 Instruct staff in work procedures;
 Direct and review the work of assigned staff;
 Effectively handle multiple priorities, organize workload, and meet strict deadlines;  Work in a team-based environment and achieve common goals;  Communicate clearly and effectively, both orally and in writing;  Understand and follow oral and written instructions;
 Deal tactfully and courteously with the public; and
 Walk or stand for extended periods of time and bend, stoop, reach, carry, climb, and lift as necessary to perform assigned duties.

SUPERVISION RECEIVED
Works under the general supervision of a division head or higher level City position; or other supervisory position as assigned.

SUPERVISION EXERCISED
May supervise assigned secretarial and/or general clerical support staff.

CLASSIFICATION HISTORY
Established 7/2007; Rev. 4/2024

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-328 Agenda Date: 4/9/2024

REPORT TO COUNCIL

SUBJECT
Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at 2625 Walsh Avenue - 2972 Stender Way

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Section 1310 of the Santa Clara City Charter (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.” In 2014, Silicon Valley Power (SVP) developed a position called Fiber Splicing Technician as an in- house position to primarily perform maintenance and repairs to meet the performance standards of fiber customers, which includes City departments and commercial customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables. The technician can also perform duties such as pulling, laying, aligning, and positioning fiber optic equipment for new connections to the fiber network. Fiber Splicing Technicians also perform fusion splicing at building entrances and in maintenance spaces. Currently, SVP employs two Fiber Splicing Technicians.

DISCUSSION
Currently, the SVP fiber optic network serves SVP, other City departments, and various commercial customers. The Fiber Splicer Technician performs a variety of specialized activities from maintenance and repair to new or re-spliced interconnections to the SVP Fiber Enterprise. Each interconnection can be unique involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network. Technician time is tracked hourly and not on a per fiber basis.

Large or extensive projects involving extending fiber cable being laid along new paths or significant distances or adding conduit or related infrastructure are performed by a construction contractor through a public works contract. SVP spends up to $1 million per year on these public works contracts.

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Staff believes that the work described below is better performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining and repairing the fiber optic system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings.

Therefore, staff recommends that the City Council declare and determine that City forces can better perform the following fiber optic projects and approve the use of City forces for such projects:

Estimate Number: FWM#1622
Location: 2625 Walsh Avenue - 2972 Stender Way
Type of Service: New Business
Description of Work: Splice, terminate and test fibers for a new point to point route from 2625 Walsh to 2972 Stender for a fiber lease customer.

Estimated Cost: $7,960
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development, Design & Expansion
Source of Revenue: Developer Contribution

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations, as the proposed work involves the construction or installation of a limited number of small fiber utility facilities.

FISCAL IMPACT
The funds to support the staff time for work performed by SVP and related construction materials for the work detailed in this report, totaling $7,960, are included in the Fiscal Year 2023/24 Budget, Fiber Development, Design, and Expansion project in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.

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

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

RECOMMENDATION

1. Determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; City of Santa Clara Printed on 4/5/2024Page 2 of 3
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and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2625 Walsh Avenue to 2972 Stender Way are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of this public work consistent with this authorization.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-275 Agenda Date: 4/9/2024

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Acknowledging Receipt by City Council of a State-Mandated Compliance Report on Required Annual Fire Inspections of Certain Occupancies

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In the aftermath of the tragic Ghost Ship Fire in Oakland, California, legislators undertook a comprehensive review of fire safety protocols, particularly scrutinizing the efficacy of state-mandated fire inspections. The analysis led to California Senate Bill 1205 (SB 1205) enactment on September 27, 2018, which took effect on January 1, 2019, amending the California Health and Safety Code by introducing Section 13146.4 (Attachment 1). This legislation necessitates that fire departments annually report their performance of state-mandated fire inspections to the City Council, which is required to acknowledge receipt of the report through a resolution. Specifically targeting Educational Group E and Residential Group R occupancies, the law pertains to a wide range of uses including public and private schools serving more than six individuals up to the 12th grade, commercial daycares, as well as various residential facilities such as hotels, motels, apartments (three units or more), lodging homes, dormitories, fraternities, sororities, monasteries, convents, live/work units, vacation timeshare properties, and residential care facilities. The mandate for annual inspections of these occupancies is outlined in California Health and Safety Code Sections 13146.2 and 13146.3 (Attachment 2).

The legislative intent underlying SB 1205 is multifaceted, aiming to proactively mitigate future tragedies while fostering accountability, transparency, and oversight in enforcing building standards.

This bill formalizes reporting procedures, ensuring City Councils actively acknowledge compliance reports during budget deliberations. This ensures the Fire Department receives adequate resources to fulfill its annual inspection mandates.

Moreover, the legislation underscores a profound commitment to public safety by emphasizing the importance of community engagement and proactive measures in preventing fire-related incidents.

Through its comprehensive approach to accountability, transparency, and oversight, SB 1205 ensures that the Community Risk Reduction Division of the Fire Department is equipped to effectively protect lives, property, and the broader interests of the community.

DISCUSSION
This report and resolution (Attachment 3) are being submitted to comply with the reporting requirements of California Health and Safety Code Section 13146.4. The report is for inspections City of Santa Clara Printed on 4/5/2024Page 1 of 3
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24-275 Agenda Date: 4/9/2024
completed during the 2023 Calendar Year.

SB 1205 highlights the critical role of fire inspections in upholding community safety and well-being, reflecting a broader understanding of their significance. These inspections represent proactive measures to pinpoint and mitigate potential hazards before they escalate into life-threatening emergencies. By fostering effective community risk reduction education through regular inspections, communities can substantially reduce property damage and losses during crises, thereby fostering resilience. Moreover, prioritizing fire inspections cultivates an environment conducive to economic prosperity and development. Communities that uphold high safety standards attract businesses, residents, and developers, fostering sustainable growth. Emphasizing risk reduction measures such as fire inspections, is vital to minimizing the adverse impacts of emergencies and ensuring our community's long-term prosperity and security.

The Fire Department is pleased to report 100% completion of the 47 educational occupancies and the 1,191 residential occupancy inspections required in calendar year 2023 (see table below). The 2023 inspection status report for calendar year 2022 (Attachment 4) adopted by the Council, highlighted the 100% completion of all educational occupancies, while residential occupancies achieved a completion rate of 94.8%. This 2024 report underscores a notable improvement in performance concerning residential occupancies this year compared to the previous reporting period.

This positive shift signifies a concerted effort and effective strategies implemented to ensure compliance and inspection mandates.
2024 Inspection Status Report Data (Data is from CY 2023) Occupancy Type Inspections
Required
Inspections
Performed
% Complete
Public and Private Schools 47 47 100.0%
Residential R-1, R-2, R2.1, R-4 1,191 1,191 100.0%

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

FISCAL IMPACT
There is no fiscal impact associated with this reporting other than staff time. Fees related to state- mandated occupancy inspections are included in the City’s Municipal Fee Schedule that is approved by the City Council.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a City of Santa Clara Printed on 4/5/2024Page 2 of 3
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24-275 Agenda Date: 4/9/2024
Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a Resolution acknowledging receipt of a report made by the Fire Chief of the Santa Clara Fire Department regarding the inspection of certain occupancies requiring annual inspections in such occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Senate Bill 1205 - Amendment to Health and Safety Code §13146.4

2. Appendix A, California Building Code - Occupancy Classification and Use Definitions

3. Resolution

4. Resolution #23-9206
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Senate Bill No. 1205

CHAPTER 854

An act to add Section 13146.4 to the Health and Safety Code, relating to fire protection.

[Approved by Governor September 27, 2018. Filed with
Secretary of State September 27, 2018.]

legislative counsel ’s digest
SB 1205, Hill. Fire protection services: inspections: compliance reporting.

Existing law requires the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standards, as provided.

This bill would require every city or county fire department, city and county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above-described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a si milar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1. Section 13146.4 is added to the Health and Safety Code, to read:
13146.4. (a) Every city or county fire department, city and county fire department, or district required to perform an annual inspection pursuant

93 STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL J
Ch. 854 — 2 —

to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority.
(c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or a similar formal document.
(d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

93 Appendix A

Occupancy Classification and Use Definitions (2022 California Building/Fire Code)

Occupancy Type Definition
Educational Group E Occupancy includes, among others, the use of a building or structure, or a portion thereof, by more than six persons at any one time for educational purposes through the 12th
grade. This group also includes child-care facility buildings and structures, or portions thereof occupied by more than six children 36 months of age and older who receive
educational, supervision or personal care services for fewer than 24 hours per day.

Residential Group R-1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature such as hotels, motels, and congregate residences, & boarding houses with more than 10 occupants.

Residential Group R-2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature such as apartment houses, congregate residence (with more than 16 occupants), boarding houses, convents, Dormitories, fraternities, sororities, monasteries, hotel (nontransient), live/work units, motels (nontransient), vacation timeshare properties.

Residential Group R-2.1 Buildings, structures or parts thereof housing clients, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services such as residential care facilities, group homes, and halfway houses. This occupancy may contain more than six non-ambulatory and/or bedridden clients.

Residential Group R-4 Residential Group R-4 occupancies shall include buildings, structures or portions thereof for more than six ambulatory clients, but not more than 16 persons, excluding staff, who reside on a 24-hour basis in a supervised residential
environment and receive custodial care, such as residential care facilities, group homes, and halfway houses.

Resolution/Required Reporting of Annual Fire Inspections Page 1 of 3 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ACKNOWLEDGING RECEIPT OF A REPORT FROM THE FIRE

CHIEF OF THE SANTA CLARA FIRE DEPARTMENT REGARDING

THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING
ANNUAL INSPECTIONS PURSUANT TO SECTIONS 13146.2 AND
13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and,
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, commercial daycares, hotel, motel, dormitories, fraternities, sororities, live/work units, congregate residences and residential care facilities for compliance with building standards, as provided; and, WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and, WHEREAS, the City Council intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Santa Clara Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

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

1. That said Council expressly acknowledges the measure of compliance of the Santa Clara Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City, there lie 47 Group E occupancies, buildings, structures and/or facilities.

Resolution/Required Reporting of Annual Fire Inspections Page 2 of 3 Rev: 7/27/2023
During calendar year 2023, the Santa Clara Fire Department completed the annual inspection of 47 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100.00% for this reporting period.

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as mandated residential care facilities. These residential care facilities have several different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City, there lie 1,191 Group R (and their associated sub-categories) occupancies of this nature.

During calendar year 2023, the Santa Clara Fire Department completed the annual inspection of 1,191 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 100.00% for this reporting period.

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

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED Resolution/Required Reporting of Annual Fire Inspections Page 3 of 3 Rev: 7/27/2023

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. California Building Code - Occupancy Classification and Use Definitions

2. Senate Bill No. 1205 – Amendment to Section 13146.4 to the Health and Safety Code S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
Resolution/Required Reporting of Annual Inspections Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. 23-9206

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

ACKNOWLEDGING RECEIPT OF A REPORT FROM THE FIRE

CHIEF OF THE SANTA CLARA FIRE DEPARTMENT

REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES

REQUIRING ANNUAL INSPECTIONS PURSUANT TO SECTIONS
13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND
SAFETY CODE.

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

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and;
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Santa Clara Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private scho ol, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and,
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departmen ts, including the Santa Clara Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and,
WHEREAS, the City Council intends this Resolution to fulfill the re quirements of the California Health & Safety Code regarding acknowledgment of the Santa Clara Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3. //
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Resolution/Required Reporting of Annual Inspections Page 2 of 3 Rev: 11/22/17

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

1. That said Council expressly acknowledges the measure of compliance of the Santa Clara Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City, there lie 46 Group E occupancies, buildings, structures and/or facilities.

During calendar year 2022, the Santa Clara Fire Department completed the annual inspection of 46 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100.0% for this reporting period.
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B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc . as well as mandated residential care facilities. These residential care facilities have several different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City, there lie 1,208 Group R (and their associated sub-categories) occupancies of this nature.

During calendar year 2022, the Santa Clara Fire Department completed the annual inspection of 1,145 Group R occupancies, buildings, structures and/or facilities . This is a compliance rate of 94.8 % for this reporting period.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 21 8T DAY OF MARCH, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS :

NOES: COUNCILORS:

ABSENT: COUNCILORS :

ABSTAINED: COUNCILORS:

Attachments incorporated by reference: None
Resolution/Required Reporting of Annual Inspections
Rev: 11 /22/17
Becker, Chahal, Hardy, Jain, Park, and Watanabe,and
Mayor Gillmor
None
None
None
ATTEST~u
~MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-279 Agenda Date: 4/9/2024

REPORT TO COUNCIL

SUBJECT
Adopt a Resolution Declaring the Results of the Canvass of Returns of the Consolidated Special Municipal Election held on March 5, 2024 with the Statewide Presidential Primary Election

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
A Consolidated Special Municipal Election was held on March 5, 2024 with the Statewide Presidential Primary Election. California Elections Code Section 9296 and 10262 requires that the City Clerk, as the City elections official, to certify the results of the election to the City Council, and that the City Council adopt a resolution reciting the fact of the election no later than the next regularly scheduled City Council meeting following presentation of the 28-day canvass of returns. The Santa Clara County Registrar of Voters canvassed the returns of the election and presented the certified results to the City on April 5, 2024. (Attachment 2)

DISCUSSION
Consistent with the California Elections Code, staff brings forward this report and has prepared a resolution, Attachment 1, for adoption. Attached is the official canvass of the returns of said election with the appropriate provisions of the California Elections Code. (Attachment 3) The result of said election is as follows:

A. TOTAL NUMBER OF BALLOTS CAST IN THE CITY:

1. Registered Voters 58,207

2. Total Ballots Cast 21,934

3. Voter Turnout 37.68%
B. MEASURES AND TOTAL VOTES RECEIVED:

1. Measure A - Charter Amendment
i. Yes 6,580
ii. No 13,735

2. Measure B - Charter Amendment
iii. Yes 5,680
iv. No 14,887

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

FISCAL IMPACT
There was no fiscal impact in the preparation of this report.

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

RECOMMENDATION
Adopt a resolution reciting the fact of the Consolidated Special Municipal Election held on March 5, 2024 with the Statewide Presidential Primary Election, declaring the results, and other related matters.

Reviewed by Nora Pimentel, Assistant City Clerk
Approved by: Hosam Haggag, City Clerk

ATTACHMENTS

1. Resolution Declaring the Results of the Election

2. Exhibit A - Certificate of Election Results

3. Exhibit B - Official Final Statement of Vote
City of Santa Clara Printed on 4/5/2024Page 2 of 2
powered by Legistar™
Resolution/Certifying Election Results Page 1 of 3
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

RECITING THE FACT S OF THE CONSOLIDATED MUNICIPAL

SPECIAL ELECTION HELD IN THE CITY OF SANTA CLARA ON
MARCH 5, 20 24, WITH THE STATEWIDE PRESIDENTIAL

PRIMARY ELECTION DECLARING THE RESULTS OF T HE

ELECTION AND SUCH OTHER MATTERS AS PROVIDED BY LAW

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

WHEREAS, a Consolidated Municipal Special Election was held and conducted in the City of Santa Clara, on Tuesday, March 5, 2024, as required by law; WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. 23-9287 (a resolution calling for a consolidated special municipal election to be held on March 5, 2024 with the Statewide Presidential Primary election for two ballot measures known as the City of Santa Clara Charter Review Amendment 1 (City Clerk) and City of Santa Clara Charter Review Amendment 2 (Chief of Police) adopted on December 5, 2023, the County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, the results are received and attached and made part of hereof as Exhibit A and B.

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

1. That the total number of votes (ballots): 21,934

2. That the City does declare and determine that Measure A City of Santa Clara Charter Amendment (City Clerk) was defeated with the following results: votes in favor of Measure A – 6,580; and votes against Measure A – 13,735 as listed in the attached Exhibit B.

Resolution/Certifying Election Results Page 2 of 3
Rev: 11/22/17

3. That the City does declare and determine that Measure B City of Santa Clara Charter Amendment (Chief of Police) was defeated with the following results: votes in favor of Measure B – 5,680; and votes against Measure B – 14,887 as listed in the attached Exhibit B.

4. That the Assistant City Clerk shall certify to the passage and adoption of this resolution and enter into the book of original resolutions.

5. Constitutionality, severability. If any section, subsection, sentence, clause, phrase, or word of this resolution is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid for any reason such decision shall not affect the validity of the remaining portions of the resolution. The City of Santa Clara, California, hereby declares that it would have passed this resolution and each section, subsection, sentence, clause phrase, and word thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 9th day of APRIL 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

HOSAM HAGGAG

CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Exhibit A – Certificate of Election Results

2. Exhibit B – Santa Clara County Official Statement of Vote

CERTIFICATE OF ELECTION RES UL TS

STATE OF CALIFORNIA )
) SS.

COUNTY OF SANTA CLARA )
I, Shannon Bushey, Registrar of Voters of the County of Santa Clara in the State of California, do hereby declare as follows:

A Statewide Direct Primary Election was held in the County of Santa Clara on March 5, 2024;
The results of the election were canvassed by the County of Santa, Office of the Registrar of Voters in accordance with applicable provisions of the California Elections Code; and,
The Statement of Votes show the total number of ballots cast, the number of votes cast for or against each candidate and for or against each local measure, the numbers cast in each City, County, Assembly District, Congressional District, Senatorial District and Supervisorial District located in whole or in part in the County in which appeared on the ballot; and, that all totals shown on the statement of Votes are fully, true and correct.

WITNESS my hand and Official Seal this 4th day of April 2024.

Matte~strar of Voters for Shannon Bushey
Shannon Bushey, Registrar of Voters

CERTIFICATE OF ELECTION RESULTS

STATE OF CALIFORNIA )
) ss.

COUNTY OF SANTA CLARA )
I, Shannon Bushey, Registrar of Voters of the County of Santa Clara, State of California, hereby declare:

A Presidential Primary Election was held in the County of Santa Clara, in the City of Santa Clara, on March 5, 2024 for the purpose of submitting the following measure to the voters:

A Shall an amendment to the City Charter providing that the City Clerk position be appointed by the City Manager be adopted?
The official canvass of the returns of the election was conducted by the Office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California.

The Statement of Votes Cast, now on file at my office, shows the whole number of votes cast for Measure A in each of the precincts and the total shown is true and correct.

WITNESS my hand and Official Seal this 4th day of April 2024.

Me~Registrar of Voters for Shannon Bushey
Shannon Bushey, Registrar of Voters

CERTIFICATE OF ELECTION RES UL TS

STATE OF CALIFORNIA )
) ss.

COUNTY OF SANTA CLARA )
I, Shannon Bushey, Registrar of Voters of the County of Santa Clara, State of California, hereby declare:

A Presidential Primary Election was held in the County of Santa Clara, in the City of Santa Clara, on March 5, 2024 for the purpose of submitting the following measure to the voters:

B Shall an amendment to the City Charter providing that the Chief of Police position be appointed by the City Manager be adopted?
The official canvass of the returns of the election was conducted by the Office of the Registrar of Voters in accordance with the appropriate provisions of the Elections Code of the State of California.

The Statement of Votes Cast, now on file at my office, shows the whole number of votes cast for Measure B in each of the precincts and the total shown is true and correct.

WITNESS my hand and Official Seal this 4th day of April 2024. :t:A1-,,r/1-,--c ____
Ma Moreles, !s'~gistrar of Voters for Shannon Bushey
Shannon Bushey, Registrar of Voters
1 2 2
SANTA CLARA Vote Center 58207 1781 3.06 % 524 452 1201
SANTA CLARA Mail Voting 58207 20153 34.62 % 6056 5228 13686 SANTA CLARA Total 58207 21934 37.68 % 6580 5680 14887
17th Congressional District Vote Center 58207 1781 3.06 % 524 452 1201 17th Congressional District Mail Voting 58207 20153 34.62 % 6056 5228 13686 17th Congressional District Total 58207 21934 37.68 % 6580 5680 14887 10th Senatorial District Vote Center 58207 1781 3.06 % 524 452 1201 10th Senatorial District Mail Voting 58207 20153 34.62 % 6056 5228 13686 10th Senatorial District Total 58207 21934 37.68 % 6580 5680 14887 15th Senatorial District Vote Center 0 0
15th Senatorial District Mail Voting 0 0
15th Senatorial District Total 0 0
25th Assembly District Vote Center 0 0
25th Assembly District Mail Voting 0 0
25th Assembly District Total 0 0
26th Assembly District Vote Center 58207 1781 3.06 % 524 452 1201 26th Assembly District Mail Voting 58207 20153 34.62 % 6056 5228 13686 26th Assembly District Total 58207 21934 37.68 % 6580 5680 14887 State Board of Equalization #2 Vote Center 58207 1781 3.06 % 524 452 1201 State Board of Equalization #2 Mail Voting 58207 20153 34.62 % 6056 5228 13686 State Board of Equalization #2 Total 58207 21934 37.68 % 6580 5680 14887 4th Supervisorial District Vote Center 58207 1781 3.06 % 524 452 1201 4th Supervisorial District Mail Voting 58207 20153 34.62 % 6056 5228 13686 4th Supervisorial District Total 58207 21934 37.68 % 6580 5680 14887 City of Santa Clara Vote Center 58207 1781 3.06 % 524 452 1201 City of Santa Clara Mail Voting 58207 20153 34.62 % 6056 5228 13686 City of Santa Clara Total 58207 21934 37.68 % 6580 5680 14887 12631
13735
1104
1104
12631
13735
1104
12631
13735
1104
12631
13735
1104
12631
13735
1104
12631
13735
Santa Clara
Santa Clara 2024 Presidential Primary Election
1 Measure A - Charter Amendment - City Clerk 2
Measure B - Charter Amendment - Chief of Police
1 1104
12631
13735
Printed: Thursday, April 4, 2024 9:48 AM Data Refreshed: Thursday, April 4, 2024 9:47 AM Page 54 of 55 < -I < ;o -!:;
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Santa Clara
Santa Clara 2024 Presidential Primary Election
Santa Clara City Member, City
Council, District 1
Vote Center 8922 278 3.12 % 84 83 184
Santa Clara City Member, City
Council, District 1
Mail Voting 8922 2492 27.93 % 698 659 1658
Santa Clara City Member, City
Council, District 1
Total 8922 2770 31.05 % 782 742 1842
Santa Clara City Member, City
Council, District 2
Vote Center 9743 324 3.33 % 115 104 192
Santa Clara City Member, City
Council, District 2
Mail Voting 9743 3134 32.17 % 1079 894 2034
Santa Clara City Member, City
Council, District 2
Total 9743 3458 35.49 % 1194 998 2226
Santa Clara City Member, City
Council, District 3
Vote Center 9141 255 2.79 % 82 69 163
Santa Clara City Member, City
Council, District 3
Mail Voting 9141 3098 33.89 % 961 808 2095
Santa Clara City Member, City
Council, District 3
Total 9141 3353 36.68 % 1043 877 2258
Santa Clara City Member, City
Council, District 4
Vote Center 9161 241 2.63 % 73 64 161
Santa Clara City Member, City
Council, District 4
Mail Voting 9161 3185 34.77 % 938 809 2177
Santa Clara City Member, City
Council, District 4
Total 9161 3426 37.40 % 1011 873 2338
Santa Clara City Member, City
Council, District 5
Vote Center 9468 297 3.14 % 86 63 215
Santa Clara City Member, City
Council, District 5
Mail Voting 9468 3564 37.64 % 1057 898 2487
Santa Clara City Member, City
Council, District 5
Total 9468 3861 40.78 % 1143 961 2702
Santa Clara City Member, City
Council, District 6
Vote Center 11772 386 3.28 % 84 69 286
Santa Clara City Member, City
Council, District 6
Mail Voting 11772 4680 39.76 % 1323 1160 3235
Santa Clara City Member, City
Council, District 6
Total 11772 5066 43.03 % 1407 1229 3521
Total - Vote Center 58207 1781 3.06 % 524 452 1201
Total - Mail Voting 58207 20153 34.62 % 6056 5228 13686 Contest Total 58207 21934 37.68 % 6580 5680 1488713735
192
2289
2481
264
3005
3269
1104
12631
146
1908
2054
146
2016
2162
2010
177
1582
1759
179
1831
Printed: Thursday, April 4, 2024 9:48 AM Data Refreshed: Thursday, April 4, 2024 9:47 AM Page 54 of 55 Statement of Vote by District
March 5, 2024
Printed: Thursday, April 4, 2024 9:48 AM Data Refreshed: Thursday, April 4, 2024 9:47 AM Page 54 of 55 Statement of Vote by District
March 5, 2024
Printed: Thursday, April 4, 2024 9:48 AM Data Refreshed: Thursday, April 4, 2024 9:47 AM Page 54 of 55 1 2 2
0009001 Vote Center 60 0
0009001 Mail Voting 60 7 4 4 3
0009001 Total 60 7 4 4 3
0009003 Vote Center 2284 69 19 24 43
0009003 Mail Voting 2284 639 185 164 427
0009003 Total 2284 708 204 188 470
0009005 Vote Center 3276 111 40 36 73
0009005 Mail Voting 3276 887 223 219 600
0009005 Total 3276 998 263 255 673
0009009 Vote Center 2249 78 19 17 55
0009009 Mail Voting 2249 713 206 194 483
0009009 Total 2249 791 225 211 538
0009017 Vote Center 1053 20 6 6 13
0009017 Mail Voting 1053 246 80 78 145
0009017 Total 1053 266 86 84 158
0009051 Vote Center 2165 67 22 16 47
0009051 Mail Voting 2165 619 185 137 448
0009051 Total 2165 686 207 153 495
0009062 Vote Center 1468 60 18 19 36
0009062 Mail Voting 1468 560 172 134 401
0009062 Total 1468 620 190 153 437
0009065 Vote Center 1949 66 28 26 36
0009065 Mail Voting 1949 494 198 170 285
0009065 Total 1949 560 226 196 321
0009067 Vote Center 2206 65 27 23 33
0009067 Mail Voting 2206 814 312 265 501
0009067 Total 2206 879 339 288 534
0009072 Vote Center 1955 66 20 20 40
0009072 Mail Voting 1955 647 212 188 399
0009072 Total 1955 713 232 208 439
0009078 Vote Center 0 0
0009078 Mail Voting 0 0
0009078 Total 0 0
0009101 Vote Center 2525 67 22 22 40
0009101 Mail Voting 2525 773 221 189 540
0009101 Total 2525 840 243 211 580
0009103 Vote Center 3055 76 29 23 50
0009103 Mail Voting 3055 1093 333 278 737
0009103 Total 3055 1169 362 301 787
0009109 Vote Center 1910 66 21 18 42
0009109 Mail Voting 1910 616 191 168 410
0009109 Total 1910 682 212 186 452
0009112 Vote Center 1651 46 10 6 31

35.71 % 418

2.79 % 25

38.27 % 713

3.46 % 37

32.25 % 381

33.27 % 535

2.49 % 44

35.78 % 669

2.65 % 40

30.61 % 495

36.47 % 419

39.85 % 470

3.38 % 40

33.09 % 379

28.73 % 282

2.95 % 30

36.90 % 440

42.23 % 398

3.39 % 32

25.35 % 250

31.69 % 441

4.09 % 37

38.15 % 361

25.26 % 156

3.09 % 40

28.59 % 401

35.17 % 518

1.90 % 13

23.36 % 143

30.46 % 652

3.47 % 53

31.70 % 465

31.00 % 431

3.39 % 68

27.08 % 584

3.02 % 43

27.98 % 388

0.00 %

11.67 % 2
Santa Clara
Santa Clara 2024 Presidential Primary Election
1 Measure A - Charter Amendment - City Clerk 2
Measure B - Charter Amendment - Chief of Police1

11.67 % 2
Printed: Thursday, April 4, 2024 9:41 AM Data Refreshed: Thursday, April 4, 2024 9:41 AM Page 54 of 55 < -I ;o
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Santa Clara
Santa Clara 2024 Presidential Primary Election
0009112 Mail Voting 1651 616 216 173 408
0009112 Total 1651 662 226 179 439
0009150 Vote Center 2451 64 11 11 48
0009150 Mail Voting 2451 815 234 215 552
0009150 Total 2451 879 245 226 600
0009151 Vote Center 2991 78 31 23 53
0009151 Mail Voting 2991 936 268 222 646
0009151 Total 2991 1014 299 245 699
0009154 Vote Center 1106 31 8 5 25
0009154 Mail Voting 1106 397 96 81 297
0009154 Total 1106 428 104 86 322
0009158 Vote Center 1858 47 20 18 26
0009158 Mail Voting 1858 590 201 168 378
0009158 Total 1858 637 221 186 404
0009164 Vote Center 1861 52 11 12 34
0009164 Mail Voting 1861 844 235 204 601
0009164 Total 1861 896 246 216 635
0009203 Vote Center 1908 70 23 17 49
0009203 Mail Voting 1908 785 224 199 534
0009203 Total 1908 855 247 216 583
0009207 Vote Center 1449 48 12 12 34
0009207 Mail Voting 1449 477 150 118 339
0009207 Total 1449 525 162 130 373
0009212 Vote Center 2029 63 16 12 47
0009212 Mail Voting 2029 841 264 235 572
0009212 Total 2029 904 280 247 619
0009216 Vote Center 2303 66 21 12 51
0009216 Mail Voting 2303 838 265 217 582
0009216 Total 2303 904 286 229 633
0009217 Vote Center 673 19 6 5 9
0009217 Mail Voting 673 226 58 48 163
0009217 Total 673 245 64 53 172
0009250 Vote Center 2101 71 23 18 49
0009250 Mail Voting 2101 841 238 203 583
0009250 Total 2101 912 261 221 632
0009251 Vote Center 1353 56 14 9 44
0009251 Mail Voting 1353 636 186 169 437
0009251 Total 1353 692 200 178 481
0009258 Vote Center 1816 91 21 21 63
0009258 Mail Voting 1816 719 202 170 500
0009258 Total 1816 810 223 191 563
0009262 Vote Center 1140 21 18
0009262 Mail Voting 1140 464 147 128 300
0009262 Total 1140 485 147 128 318
0009266 Vote Center 2659 71 10 11 54
0009266 Mail Voting 2659 1087 286 260 771
0009266 Total 2659 1158 296 271 825
0009272 Vote Center 1092 27 6 2 20

43.55 % 784

2.47 % 16

42.54 % 297

2.67 % 55

40.88 % 729

44.60 % 512

1.84 % 17

40.70 % 280

51.15 % 451

5.01 % 59

39.59 % 453

43.41 % 574

4.14 % 39

47.01 % 412

36.40 % 161

3.38 % 43

40.03 % 531

39.25 % 565

2.82 % 8

33.58 % 153

44.55 % 577

2.87 % 43

36.39 % 522

36.23 % 338

3.10 % 43

41.45 % 534

44.81 % 543

3.31 % 34

32.92 % 304

48.15 % 600

3.67 % 43

41.14 % 500

34.28 % 355

2.79 % 32

45.35 % 568

38.70 % 297

2.53 % 25

31.75 % 330

33.90 % 636

2.80 % 21

35.90 % 276

35.86 % 571

2.61 % 45

31.29 % 591

40.10 % 388

2.61 % 44

33.25 % 527

37.31 % 363
Printed: Thursday, April 4, 2024 9:41 AM Data Refreshed: Thursday, April 4, 2024 9:41 AM Page 54 of 55 Santa Clara
Santa Clara 2024 Presidential Primary Election
0009272 Mail Voting 1092 361 107 94 242
0009272 Total 1092 388 113 96 262
0009278 Vote Center 1611 49 10 8 38
0009278 Mail Voting 1611 572 157 136 402
0009278 Total 1611 621 167 144 440
Total - Vote Center 58207 1781 524 452 1201
Total - Mail Voting 58207 20153 6056 5228 13686
Contest Total 58207 21934 6580 5680 14887

34.62 % 12631

37.68 % 13735

38.55 % 406

3.06 % 1104

35.53 % 245

3.04 % 35

35.51 % 371

33.06 % 229
Printed: Thursday, April 4, 2024 9:41 AM Data Refreshed: Thursday, April 4, 2024 9:41 AM Page 54 of 55 Statement of Vote by Precinct
March 5, 2024
Printed: Thursday, April 4, 2024 9:41 AM Data Refreshed: Thursday, April 4, 2024 9:41 AM Page 54 of 55 Statement of Vote by Precinct
March 5, 2024
Printed: Thursday, April 4, 2024 9:41 AM Data Refreshed: Thursday, April 4, 2024 9:41 AM Page 54 of 55 Statement of Vote by Precinct
March 5, 2024
Printed: Thursday, April 4, 2024 9:41 AM Data Refreshed: Thursday, April 4, 2024 9:41 AM Page 54 of 55 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1164 Agenda Date: 4/9/2024

REPORT TO COUNCIL

SUBJECT
Action on Resolution Establishing the Political Campaign Voluntary Expenditure Limit and Campaign Contribution Limits for the November 5, 2024 Municipal Election; Information on Levine Act (SB1439) Requirements
Council Pillar
Enhance Community Engagement and Transparency

BACKGROUND
The City of Santa Clara Political Campaign Finance Reform Act (the "Act"), codified in Chapter 2.130 of the Santa Clara City Code, established an initial limit for a candidate's voluntary campaign expenditures of $25,000 for the November 2000 City election. The Act contains a cost-of-living adjustment using the index from the U.S. Department of Labor, Bureau of Consumers (CPI-U), San Francisco, Oakland, San Jose subgroup - all items ("CPI"), to be adjusted on an annual basis. The expenditure limit was last adjusted to $47,580 based on CPI adjustments for city-wide contests and set a separate voluntary expenditure limit for district-based contests of $25,730 by the City Council on April 19, 2022.

The Act also contains individual campaign contribution limits that were originally established at $500 for candidates who accepted the voluntary expenditure limit and $250 for those who did not. In 2014, the Act was amended to require that the applicable contribution limits also be adjusted by the CPI, rounded to the nearest ten-dollar figure. In 2022, the applicable contributions limits were adjusted to $650 and $320, respectively.

The Act was amended in May 2018 to increase transparency for the voters of Santa Clara by creating specific disclosure requirements for “dark money” campaign contributions to independent political organizations not controlled by candidates . The Act now includes mandatory disclosure of all contributions of one hundred dollars ($100) or more to any organization that makes expenditures that affect or are intended to affect a local Santa Clara election to City office or for or against a local Santa Clara ballot measure. Contributions must be reported in the same manner as campaign contributions are required to be reported under SCCC 2.130.280
<http://www.codepublishing.com/CA/SantaClara/>.

DISCUSSION
Pursuant to City Code Section 2.130.050, the Council must adjust the contribution limits by Resolution. Accordingly, the attached Resolution has been prepared accounting for the cost-of-living adjustment applicable to the expenditure limit for the upcoming 2024 November General Municipal Election, which shall be set at $48,290 for city-wide based contests and $26,110 for district-based contests. This reflects a 1.49% increase, applying the annual CPI adjustment based on the data from City of Santa Clara Printed on 4/5/2024Page 1 of 3
powered by Legistar™
24-1164 Agenda Date: 4/9/2024
March 2024. Similarly, the same CPI adjustments were calculated for the individual campaign contributions. For candidates who accept the voluntary expenditure limit, the limit on individual campaign contributions shall be $660 and for candidates who do not accept the voluntary expenditure limit, the limit on individual campaign contributions shall be $320.

Pursuant to City Code section 2.130.050, the last day a campaign contribution may be deposited shall be eleven (11) calendar days before the election date (i.e., a Tuesday, November 5 th election
date would make Friday, October 25th the last day to deposit a contribution) and the last day a payment for campaign expenses may be made shall be the last day of the month following the election month (i.e., a November election would require that all campaign expenses be paid by December 31
st - the last day of the month following the election month).

SB 1439 Levine Act Requirements
Candidates running in the 2024 municipal election should be aware of Senate Bill 1430 also known as the Levine Act that was passed by the California Legislature in 2022. This bill amended California Gov’t Code Section 84308 of the Political Reform Act (“the Act”). Prior to January 1, 2023, Section 84308 only applied to appointed officials, but it has been broadened to include members that are directly elected by voters, including local elected officials.

Section 84308 is a California law aimed at preventing “pay-to-play” practices, in part, by prohibiting parties, participants, and their respective agents in a proceeding involving a license, permit, or other entitlement for use (collectively referenced as an “entitlement for use proceeding” or “proceeding”) from contributing more than $250 to an officer of the agency the proceeding is before during a 12- month period. An officer is similarly prohibited from accepting, soliciting or directing such a contribution. The prohibition on contributions applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

Under Section 84308, the officer of an agency is required to disclose any contribution exceeding an aggregate $250 that a party or any participant has made to them within the 12 months preceding the proceeding. Further, the officer of an agency may not make, participate in making, or in any way attempt to use their official position to influence the decision in the proceeding pending before the agency if the officer has received a contribution of more than $250 within the preceding 12 months from a party, or a party’s agent. An officer of an agency is similarly prohibited from taking part in a proceeding if the officer received a contribution of more than $250 within the preceding 12 months from a participant, or participant’s agency, if the officer knows or has reason to know that the participant has a financial interest in the decision.

Candidates and Elected Officials should become aware of these rules and their responsibilities as they solicit campaign contributions during this election period. A supplemental information Memorandum from the City Attorney’s Office regarding Levine Act requirements and compliance guidelines is attached to this report. The City Clerk’s Office will also be updating its web page with more information on the Levine Act requirements.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably City of Santa Clara Printed on 4/5/2024Page 2 of 3
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24-1164 Agenda Date: 4/9/2024
foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no cost associated with this action other than staff time and expense.

COORDINATION
This report was prepared in coordination with the Finance Department and City Attorney’s Office.

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

RECOMMENDATION
Adopt a Resolution establishing the Political Campaign Voluntary Expenditure Limit and Campaign Contribution Limit for the November 5, 2024 General Municipal Election with:
the voluntary expenditure limit set to $48,290 based on CPI adjustments for city-wide contests and sets a separate voluntary expenditure limit for district-based contests not to exceed $26,110 (with future adjustments based on CPI). City Council sets the individual campaign contributions based on CPI adjustments as:
· $660 for candidates who accept the voluntary expenditure limit · $320 for candidates who do not accept the voluntary expenditure limit Reviewed by Hosam Haggag, City Clerk

ATTACHMENTS

1. Resolution

2. Memorandum from the City Attorney’s Office Regarding Levine Act Requirements and Compliance Guidelines
City of Santa Clara Printed on 4/5/2024Page 3 of 3
powered by Legistar™
Resolution/Campaign Contribution Limits Page 1 of 2
Rev: 11/22/17
RESOLUTION NO.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

ESTABLISHING THE POLITICAL CAMPAIGN VOLUNTARY

EXPENDITURE LIMIT AND THE CAMPAIGN CONTRIBUTION
LIMIT FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL

ELECTION

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

WHEREAS, Chapter 2.130 (Political Campaign Finance Reform Act) of "The Code of the City of Santa Clara, California" (City Code) contains provisions (i) limiting the expenditure of campaign funds by the candidates and (ii) controlling the campaign contributions to candidates for elective office in the City of Santa Clara;
WHEREAS, Section 2.130.160 (Candidate acceptance or rejection of expenditure limits) of the City Code provided for an initial voluntary expenditure limit of $25,000, but further provided that the $25,000 limit was to be adjusted for the cost of living prior to each election. The expenditure limit was last adjusted to $47,580 by the City Council on April 19, 2022; WHEREAS, Section 2.130.050 (Limits on contributions from persons) of the City Code provided for an initial individual contribution limit of $500 from any candidate that accepted the voluntary expenditure limit and $250 for any candidate that did not. The contribution limit was last adjusted to $650 and $320, respectively; and
WHEREAS, contribution limits established by City Code shall be adjusted on an annual basis by a percentage equal to the Consumer Price Index for All Urban Consumers for the San Francisco Bay Area (CPI).

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

1. City Council sets the voluntary expenditure limit for the November 5, 2024 General Municipal Election to $48,290 for citywide based contests and $26,110 for district based contests.

3. City Council sets the individual campaign contributions based on CPI adjustments as Resolution/Campaign Contribution Limits Page 2 of 2
Rev: 11/22/17
follows:
• $660 for candidates who accept the voluntary expenditure limit • $320 for candidates who do not accept the voluntary expenditure limit

4. The political campaign voluntary expenditure limit and campaign contribution limits established by Resolution No. 22-9078 (adopted April 19, 2022) are hereby repealed.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 9th DAY OF APRIL 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

HOSAM HAGGAG

CITY CLERK

City Attorney’s Office
Memorandum
Date: April 4, 2024
To: Honorable Mayor and Council Members
From: Glen R. Googins, City Attorney
Elizabeth Klotz, Assistant City Attorney
Subject: Senate Bill 1439 – Campaign Contributions of Greater Than $250 Can Now Present Conflicts of Interest Requiring Disclosure, Recusal or, in Certain Circumstances, Return of the Contribution

The purpose of this memorandum is to provide information regarding new conflict of interest laws governing campaign contributions that now apply to City Councilmembers.

The new law, commonly known as the “Levine Act,” makes campaign contributions of greater than $250 received or solicited by local elected officials “financial interests” for conflict-of-interest purposes. Prior to January 1, 2023, such rules only applied to certain appointed officials. Although in effect for some time, the Levine Act has not had practical significance for this Council until now, since the Council “Election Cycle” allowing for campaign contributions is set to begin on May 1, 2024.

Details of the Levine Act are provided below. For all potential candidates who may be active in the upcoming Election Cycle, some practical tips are also provided to help you track campaign contributions at issue and facilitate compliance with the Act’s disclosure and recusal requirements.

1. Prohibitions on Receipt of Campaign Contribution from a Party or Participant in Excess of $250 Where a Related Action is Pending

A. General Rule.

Beginning January 1, 2023, local elected officials may not accept, solicit, or direct contributions of more than $250 from a party or participant, or agent thereof, (“Contributing Party”) where such Contributing Party has proceeding for approval of a license, permit, contract or other entitlement before such local officials as decision makers. This prohibition continues for 12 months following the date of the final decision in the proceeding, and applies whether the local elected official accepted, solicited, or directed the contribution on such official’s own behalf, or on behalf of any other official, or on behalf of any candidate for office or on behalf of any committee.

City of
Santa Clara
The Center of What's Possible
Re: Senate Bill 1439 – Campaign Contributions and Conflicts of Interest April 4, 2024

B. Key Definitions.

1. What is a “Pending Proceeding”?

A “proceeding” covered by the Levine Act involves an action to grant, deny, revoke, restrict or modify "licenses, permits, or other entitlements for use.” Included in this are all business, profession, and trade licenses and permits, and other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor or personal employment contracts) and all franchises. Note: Decisions on general plans, general building or development standards or other rules of general application are not covered, as well as purely ministerial decisions where no discretion is exercised.

A proceeding is “pending” under the Levine Act when: (1) an application has been filed, the proceeding has been commenced, or the issue has otherwise been submitted to the jurisdiction of an agency for its determination or other action; and (2) the proceeding is of a type about which the officers of the agency are required by law to make a decision, or the matter has been submitted to those officers for their decision.

2. Who is a “Party, Participant or Agent”?

A “party” is any person (including a business entity) who files an application for, or is the subject of, a proceeding involving a license, permit or other entitlement for use.

A “participant,” while not an actual party to the proceeding, is anyone who:
(1) actively supports or opposes a particular decision (e.g., lobbies the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence the officers of the agency); and (2) has a financial interest in the outcome of the decision. Most notably, “participants” include non-parties who actively support or oppose a particular decision and who have a financial interest in the decision.

As an example, a close neighbor to a property that is the subject of a land use decision may be a “participant” even if the neighbor’s property is not the subject of the decision.

An “agent” of a party or participant is an individual or firm who represents a party or a participant in a proceeding. If an agent is an employee or member of a law, architectural, engineering or consulting firm, or a similar entity, both the entity and the individual are considered “agents” for Levine Act purposes.

C. Example:

Here’s a simple example of how these rules might apply: A developer has submitted an application for a residential project on City property. Since April, City staff has been actively negotiating a development agreement for the project with the developer. In May, during the City’s “Election Season,” a council member receives a $320 campaign contribution from a lobbyist working on the project. Under the Levine Re: Senate Bill 1439 – Campaign Contributions and Conflicts of Interest April 4, 2024

Act, that lobbyist is considered a “participant” in the project, and this campaign contribution is prohibited. Note: See Section 3, below, for how the Council member might return the contribution and “cure” the violation.

2. Disclosure and Recusal Requirements For Council Proceedings Occurring within Twelve Months of Contributions from a Party of Participant in Excess of $250

Even where the matter is not “pending” at the time of the contribution, local elected officials are now required to disclose on the record and recuse themselves from any proceeding involving a license, permit, or other entitlement for use, if they willfully or knowingly received a campaign contribution of more than $250 from a party or participant within the previous 12 months leading up to the decision.

Here’s a simple example of how these rules might apply: In October, during election season, a council member receives a $251 campaign contribution from their neighbor. The following January, the City receives an application to construct a movie theater on a vacant lot across from the neighbor’s home. Since January, the neighbor has been actively writing to City officials and participating in community meetings, commission meetings and the City Council meeting to oppose the project. Because the neighbor has been actively engaged with the City on the project and has a financial interest in the outcome of the decision, they are considered a “participant” under the Levine Act. The council member that received the campaign contribution is required to disclose on the record and recuse themselves from participating on the matter unless they are able to cure the violation as provided in Section 3, below.

3. Ability to “Cure” Potential Violations

A. Curing a Violation During a Pending Decision

Disclosure and Recusal may not be required if an otherwise disqualifying campaign contribution is returned within 30 days of actual or “constructive” knowledge of the donation. (Constructive knowledge means that based on the facts and circumstances, someone should have known that they had a disqualifying campaign contribution.) If an elected or appointed official receives a contribution that will otherwise require disqualification under Section 84308, they may participate if they return the contribution amount over $250 within 30 days from the time they know or should know about (1) the contribution and (2) the proceeding.

B. Curing a Violation After a Final Decision

For 12 months after a final decision is rendered, an elected or appointed official must not accept, solicit or direct a contribution of more than $250 from the party or participant if such official knows or has reason to know the party, participant or the party’s or participant’s agent has a financial interest in the decision.

Re: Senate Bill 1439 – Campaign Contributions and Conflicts of Interest April 4, 2024

Similar to the cure provisions applicable to donations while a decision is pending, if a local elected official accepts, solicits, or directs a contribution of more than $250 during the 12 months after the date a final decision is rendered, the violation can be cured by returning the contribution, or the portion of the contribution in excess of $250, provided that the contribution is returned within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest. This cure option is only available if the local elected official did not knowingly or willfully accept, solicit, or direct the prohibited contribution.

4. Disclosure and Prohibition Requirements of Entities Doing Business with the City

Levine Act provisions also regulate the conduct of individuals or businesses with matters pending before the City.

A party to a proceeding before the City Council involving a license, permit, or other entitlement is required to disclose on the record of the proceeding any contribution in an amount of more than $250 made within the preceding 12 months by the party or the party’s agent. The party is also prohibited from contributing more than $250 to any officer of that agency during the proceeding and for 12 months following the date of the final decision.

A council member may cure a violation before a decision and lawfully participate only if they did not knowingly and willfully accept, solicit, or direct the prohibited contribution. They can participate if they disclose the amount of any contribution(s) made within the preceding 12 months and the names of the contributors. The contribution amount over $250 must also be returned within 30 days from the time they know, or should have known about the contribution.

5. New Levine Act Provisions for Elected Officials Apply Only to Campaign Contributions Accepted, Solicited or Directed After January 1, 2023, but Levine Act Provisions for Appointed Officials (including Election Officials Simultaneously Serving in an Appointed Capacity) continues to Apply for Campaign Contributions Received in 2022.

On December 22, 2023, the Fair Political Practices Commission (FPPC) issued an opinion that SB 1439 applies prospectively, in other words, it only applies to campaign contributions accepted, solicited or directed after January 1, 2023 for elected officials serving on the City Council and for decisions before the City Council. 1 It is important to note, however, the Levine Act continues to apply to campaign contributions received in the prior 12 months to appointed members of Santa Clara

1 https://www.fppc.ca.gov/content/dam/fppc/documents/Opinions/Kendrick.pdf Re: Senate Bill 1439 – Campaign Contributions and Conflicts of Interest April 4, 2024

boards and commissions with decision making authority AND to members of the Santa Clara City Council who serve in an appointed capacity on another agency or board (e.g., VTA, NCPA, etc.) and are voting on decisions before that other agency or board.

6. Violations

The FPPC is responsible for actively monitoring compliance by local officers with the Levine Act. Violation of the Levine Act carries with it administrative, civil, or criminal penalties. (CA Gov’t Code §91000)

7. Practical Steps to Facilitate Compliance

A. Applicant Disclosure Statement.

Agencies subject to the Levine Act can require parties seeking Council approval of a qualifying license, permit, contract or entitlement to complete a document along with their application that both advises them of Levine Act requirements and requires disclosure of whether they have contributed or intend to contribute more than $250 to the campaign of one of their decision-makers. To assist both City officials and applicants with Levine Act compliance, starting in May City staff will be implementing such a requirement in Santa Clara. A sample of the current draft Levine Act Disclosure Statement is attached.

B. Notice of Levine Act Requirements to be Added to Agendas.

Starting in May, City staff will also start to include the following language on agendas for City Council meetings and for other City Quasi-Judicial Bodies (e.g., Planning Commission), with a link to the SB 1439 Levine Act Disclosure Statement:

California Government Code Section 84308, most recently amended by SB 1439, commonly referred to as the "Levine Act," prohibits a local elected official or quasi-judicial appointed official from participating in any action related to a contributor’s contract, license, permit, or use entitlement if he/she/it receives any campaign contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision has been made, from the party, participants, or agents in the proceeding. Parties, Participants or Agents for a proceeding involving a license, permit, or other use entitlement pending before the City Council or a City quasi-judicial body must complete the SB 1439 California Levine Act Disclosure Statement prior to their proceeding.

//

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Re: Senate Bill 1439 – Campaign Contributions and Conflicts of Interest April 4, 2024

C. Council Members Should Monitor Campaign Contributions and Communicate with Staff in Advance of Council Action.

The Levine Act does not require that the City or City Staff track campaign contributions exceeding $250. Elected and Appointed Officials should carefully monitor their campaign contributions exceeding $250 to avoid a potential Levine Act issue from arising that could bar them from participating on a potential agenda item. Take any action to “cure” the issue in a timely manner. If an item appears on an agenda where Levine Act disclosure and recusal may be necessary, please notify staff as soon as possible.

D. Disclosure

Make sure to publicly disclose and return campaign contributions in a timely matter. Consider whether your contribution has been “knowingly” received or whether you have sufficient information to establish knowledge of a participant’s financial interest.

Staff intends to develop more policies and procedures to facilitate Levine Act compliance in the months to come. We will keep the City Council apprised of these efforts. In the interim, please contact our office should you have any questions regarding the requirements of the Levine Act or other measures that may be taken to assure compliance.

Cc: Office of the City Manager
Office of the City Clerk

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-244 Agenda Date: 4/9/2024

REPORT TO CITY COUNCIL

SUBJECT
Consideration of the Addition of Names to the City Street Name List including James McNamara, Carla Munoz, Doug Towne, Troy Buzzell, Dave Euerle, Lance Michaelis, and William Kelly.

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The City’s approved Street Name List is used to name public or private streets when new development occurs or when a renaming of a street is necessary. The Planning Division was contacted by Santa Clara Police Department staff who, in coordination with Santa Clara Fire Department staff, indicated their interest in adding names of several police officers and firefighters to the approved street name list.

The last update to the Street Name List was in 2008 following a recommendation by the Historical and Landmarks Commission (HLC) and approval by City Council. Additions to the Street Name List have since occurred as part of the Tentative Map subdivision process for individual development projects that include private or public streets.

DISCUSSION
The Police Department submitted the following names for inclusion on the City Street Name List. In accordance with Section 2.120.100 of the Santa Clara City Code, the HLC conducted a public hearing on February 1, 2024 to review the proposed street name additions. At the HLC meeting, former Fire Department Chief Kelly’s name was also added. Staff confirmed there are no other streets with the same or similar names within the City.

Police Department:
· James McNamara
· Carla Munoz
· Doug Towne
Fire Department:
· Troy Buzzell
· Dave Euerle
· Lance Michaelis
· William Kelly
Following discussion, the HLC unanimously voted to recommend approval to the City Council of the City of Santa Clara Printed on 4/5/2024Page 1 of 2
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24-244 Agenda Date: 4/9/2024
additional street names to the City Street Name List.

ENVIRONMENTAL REVIEW
The proposed additions to the City Street Name List is not considered a project subject to the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(5) of Title 14 of the California Code of Regulations as they are administrative activities that will not result in direct or indirect physical changes to the environment.

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

COORDINATION
This report was coordinated with the Police Department, Fire Department, and City Attorney’s Office.

PUBLIC CONTACT
Public contact was also 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]> <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Approve the addition of seven names to the City Street Name List, as follows: James McNamara, Carla Munoz, Doug Towne, Troy Buzzell, Dave Euerle, Lance Michaelis, and William Kelly Reviewed by: Reena Brilliot, Acting Director of Community Development Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Draft Updated Street Name List
City of Santa Clara Printed on 4/5/2024Page 2 of 2
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Draft Approved Street Name List 1

HISTORICAL AND LANDMARKS COMMISSION

APPROVED LIST OF STREET NAMES
(Draft Update, February 1, 2024)

I. PROPOSED STREET NAMES APPROVED BY COUNCIL

Apperson (Farmer and father of Phoebe Apperson Hearst)
Corcoran (Mayor and hotel keeper)
Druffel (Mayor)
Fitts (Marshal)
Habich (Grocery and dry goods)
Hargis (Farmer - 1858)
Headen (Doctor - 1852)
Hetty (Santa Clara Board of Trustees - 1854)
Laird (Early settler and on first City Council)
Lass (Orchardist - Ship Captain)
Madan (Hardware and City trustee)
Peebels (Farmer and Capitalist)
Saxe (Doctor)
Schott (City Engineer)
Varsi (Jesuit)
Wilcox (Fruit grower and State legislator)

II. SANTA CLARA FIRE DEPARTMENT

Volunteer Fire Chiefs:

V.C. Richie 1855 - 1856
J. Fitzpatrick 1856 - 1860
T. Brothers
U. Stout 1934 - 1936

Paid Fire Chiefs
D. Visconti 1975 - 1986
R.L. Sharps 1986 - present

III. TOWN MARSHALS

Town Marshals:

Hiram Shartzer 1852
Henery Brothers 1856
B. F. Harrigan 1862
John Munholland 1864
J. Brag 1868
W. Black 1871
John E. Haight 1873
J . S. Shoemaker 1874
William Fitts 1876
Madison Hite 1886
Jacob Meyer 1887
D.A. (Slim) Toomey 1901

Draft Approved Street Name List 2
City Marshall
John J. O’Neil 1946

Chief of Police
William J. Garrity 1953

IV. ORCHARDISTS

Pratt

V. DOCTORS

Eichers
Saxe

VI. SCHOOL TRUSTEES

Farmer
Garrisus
Oberdeener

VII. BATTLE OF SANTA CLARA

Marston (Leader)
Duvall (Asst. surgeon, aide de campe)
Pray (Interpreter)
Fisk
Transill
Fraser
Ramshall
Wapple
Sanchez
Feliz
Valencia

VIII. SANTA CLARA UNIFIED SCHOOL DISTRICT HALL OF FAME

Bongiovanni, Nino Santa Clara High ’33 Santa Clara Univ.

Baseball/
San Fran. Seals
Garzoni, Mike Santa Clara High ’41 Football
Panelli, Edward Santa Clara High ’49 State Supreme
Law Court Justice
Schollander, Don Santa Clara High ’64 Olympic Medalist DeVarona, Donna Santa Clara High ’65 Olympic Medalist
Kolb, Claudia Santa Clara High ’68 O lympic Medalist
Spitz, Mark Santa Clara High ’68 Olympic Medalist
Bartkowski, Steve Buchser High ’71 F ootball/Atlanta
Landsford, Carney Wilcox High ’75 Oakland Baseball
World Series
Winner ’89
Draft Approved Street Name List 3

IX. OTHER

Bay Run Plaza
Noyce, Robert (Industrialist)
Spanish Street
Avina SC Police
Goodfellow SC Director of Planning & Inspection
Cherry Orchard
Lippert
Marie P DeBartolo
Bill Walsh

Ben Mendis Fallen Police Officer *
William Rickabaugh Fallen Police Officer *
George Whybark Fallen Police Officer *
James McNamara Fallen Police Officer*
Carla Munoz Fallen Police Officer*
D oug Towne Fallen Police Officer*

Troy Buzzell Fallen Firefighter
Dave Euerle Fallen Firefighter
Lance Michaelis Fallen Firefighter
William Kelly Retired Fire Chief

* Contact the Police Chief’s Office and Police Association if names are selected.

Draft Approved Street Name List 4
X. 1866 SURVEY
Name Residence Business Birth To US/To Santa Clara Pst Ofc.

Apperson B.W. SC F armer Virginia 1863/1864 Sta Clra
Bailey A. M. SC Farmer Tennessee 1 852/1852 Sta Clra
Ball, Peter SC Farmer Illinois 1850/1853 Sta Clra
Billings, J. M. SC J & M Maine 1854/ Sta Clra
Variety Store
Billings, J. R. SC Farmer Maine 1853/1860 Sta Clra
Boone, W. D. SC Farmer Ohio 1849/ Sta Clra
Boyter, Thomas SC Farmer Scotland 1850/1851 Sta Clra
Brackett, C. SC Carriage painter Maine 1872 Sta Clra
Bailey, J. E. SC Farmer/Clergyman N. Carolina 1819/1850 Sta Clra Byrob, George SC Farmer Scotland 1849/1852 Sta Clra
Brimblecon, F.A. SC Marketman California 1852/1852 Sta Clra Conner, J. S. SC F armer New Hampshire 1855/1859 Sta Clra Cook, F. B. SC Miller Ohio 1850/ Sta Clra
Cook, Nathaniel SC Miller Ohio 1850/ Sta Clra
Corcoran, Martin SC H otel Keeper Massachusetts 1844/ Sta Clra Cole, J. H. SC Jackson&Liberty Maine 1868/1868 Sta Clra Blacksmith
Corey, J. M. SC Farmer Ohio 1849/1849 Sta Clra
Crandall, J.R. SC Agent, Wells California Sta Clra
F argo & Co
Coyne, Michael SC Farmer Ireland 1853/1854 Sta Clra
Davies, E. H. SC Machine Shop Maine Shop 1855/ Sta Clra Donegan, J. H. SC Merchant Tailor Massachusetts 1866/1867 Sta Clra Doyle, P. H. SC Farmer Ireland 1852/1852 Sta Clra
Eastin, James W. SC Farmer Kentucky 1847/1850 Sta Clra
Eisen, Mrs. B. SC Capitalist Germany 1854/1875 Sta Clra Farmer, Frederick SC Farmer Maryland 1850/1856 Sta Clra Farrell, Patrick SC Farmer Ireland 1853/ Sta Clra
Finley, John P. SC Sup’t Enterprise Missouri 1852 Sta Clra Mill & Lumber Co
Fitts, William SC Miller Maine 1857 Sta Clra
Gaifund, Louis SC Merchant France 1859 Sta Clra
Gartelminn, John SC Saloon Keeper Germany 1858/1873 Sta Clra Grave, J. SC Farmer Tennessee 1849/1849 Sta Clra
Grave, Silvester SC Farmer Tennessee 1853/1853 Sta Clra Gray, Henry SC Farmer Missouri 1853/1853 San Jose
Growell, M. L. SC Farmer Indiana 1852/1853 Sta Clra
Gummer, Sam’l P. SC Carpenter Maine 1851/1852 Sta Clra
Garrigus, F. SC Farmer Ohio 1851/1851 Sta Clra
Habich, August SC Grocer/Dry Gds Germany 1855/ Sta Clra Hannibal, Wm SC Farmer England 1851/1854 Sta Clra
Hargus, F. SC Farmer Tennessee 1850/1858 Sta Clra
Henning, W. SC Saloon Keeper Germany 1872/1872 Sta Clra Hicks, B. SC Boot/Shoe maker Canada 1869/1869 Sta Clra
Holmes,l. B. SC Blacksmith New York 1857/1869 Sta Clra
Hillebrant, l. SC Farmer/stock rasr Iowa 1875/ Sta Clra Hill, Mrs. M. SC
Kelley, Thomas SC Physician Illinois 1871/ Sta Clra
Kenyon, James M. SC Farmer Ohio 1849/1850 Sta Clra
Kineff, Thomas SC Farmer Ireland 1855/1856 Sta Clra
Kingsbury, Wm. B. SC Dentist Vermont 1864/ Sta Clra
Kimhenberg & Co SC Fredersicksburg Sta Clra
Brewery
Draft Approved Street Name List 5
Laederich, J. N. SC Butcher France 1852/1859 Sta Clar
Laederich, Mrs. L SC Fruit farm F rance 1840/1869 Sta Clra Lamory, E. SC Gen’l Mrchdse France 1856/1856 Sta Clra
Lapham, C. H. SC Farmer Rhode Island 1850/1867 Sta Clra Leibe, Herrmann SC Brewer Germany 1854/1856 Sta Clra
Love, Chas, W. SC Farmer New Jersey 1850/1856 Alviso
Loveland, C. C. SC Farmer New York 1847/1849 Sta Clra
McComas, C. L. SC Farmer Virginia 1863/1863 Sta Clra
McComas, Rush SC Farmer Virginia 1861/1861 Sta Clra
McCubbin, Rbrt SC Farmer Scotland 1853/1853 Alviso
McKeadney, H SC Architect/Civil Ireland 1850/1860 Sta Clra Engineer
Mannine, Samuel SC Farmer(General Missouri 1849/1857 Sta Clra Hardware)
Merrill, A. SC Well borer Ohio 1853/1855 Sta Clra
Millikin, Samuel SC Farmer Ohio 1852/1852 Sta Clra
Moreland, H. C. SC Farmer Missouri 1849/1850 Sta Clra
Moulin, James B. SC Mfg.Candy/Cigars England 1862/ Sta Clra Norwood, J. G. SC Farmer Maine 1849/ Sta Clra
Oliver, Warner SC Fruit Grower Ohio 1850/1870 Sta Clra
Pancoast, Franklin SC Farmer New Jersey 1852/53 Sta Clra Paterson, Arch’b SC Farmer Scotland 1852/1852 Sta Clra
Payne, J. F. SC Farmer New York 1855/1858 Sta Clra
Peebels, Cary SC Farmer/capitalist Kentucky 1851/ Sta Clra Rousseau, E. SC Teacher Kentucky 1854/1872 Sta Clra
Rucker, W. D. SC Farmer Missouri 1 852/1852 San Jose
St. Palais, R. SC Butcher France 1852/1868 Sta Clra
Sanor, Michael SC Farmer Ohio 1849/1849 Sta Clra
Shore, T. B. SC Produce dealer Missouri 1850/ Sta Clra
Silva, Frank SC Farmer Portugal 1851/1855 Sta Clra
Statler, J. A. SC Farmer Missouri 1849/1850 Sta Clra
Stewart, G. W. SC Farmer Tennessee 1855/1855 Sta Clra
Swope, Sr., Jacob SC Farmer Kentucky 1850/1851 Sta Clra TanTan, M. SC Farmer Holstein 1852/1852 Sta Clra
Theuerkauf, F SC Capitalist Germany 1852/1852 Sta Clra
Thoru, E. V. SC Cashier-Bank of New York 1852/ Sta Clra Santa Clara
Tobin, John F. SC Variety and Ireland 1866/ Sta Clra
Fruit Store
Walter, G. B. SC Farmer Ohio 1852/1852 Sta Clra
Watkins, B. F. SC Fruit Grower New York 1847/ Sta Clra
Watson, W. O. SC Farmer Massachusetts 1863/ Sta Clra
Willett, L. SC Farmer Maine 1850/1860 Sta Clra
Wolf, M. SC Farmer Pennsylvania 1849/1850 Sta Clra
Wolf, W. H. SC Farmer Pennsylvania 1849/1850 Sta Clra
Worthington, C,.H. SC Farmer N. Carolina 1850/ Sta Clra

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-338 Agenda Date: 4/9/2024

REPORT TO COUNCIL

SUBJECT
Action to Approve Adoption of an Ordinance Readopting the Expired Sidewalk Vendor Stadium Pilot Program with a New Sunset Date and Slightly Expanded Footprint

BACKGROUND
At the March 19, 2024 Council meeting, proposed Ordinance No. 2067 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2067 was published to the Santa Clara Weekly on April 3, 2024, and copies were posted in three public places.

DISCUSSION
The sidewalk vending pilot program ordinance (SCCC Chapter 5.05) was adopted on August 22, 2023. By its terms, the pilot program expired and was considered repealed as of the sunset date of January 31, 2024. Staff now requests a readoption of the ordinance to reinstate the pilot program for the 2024 non-NFL event season and August 2024 - January 2025 NFL season. Furthermore, staff recommends to modify the time, place or manner restrictions to include “Old Glory Lane east and west of Great America Parkway.” Currently, the language omits the section of Old Glory Lane west of Great America Parkway.

An extension of the pilot program will allow staff to implement adjustments to the communication and enforcement plan during the non-NFL event season and further test those practices during the 2024 NFL season. This will also allow staff to conduct more comprehensive benchmark review of unpermitted vending impacts and responses at similar venues. The challenge remains for the ability to have a long-term partnership with ABC and the County of Santa Clara Environmental Health Department to lead the alcohol and food sales related health, safety and welfare efforts. Personnel and funding resources continue to prevent their presence at every Levi’s Stadium event. Staff will continue to pursue solutions with both ABC and the County.

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

FISCAL IMPACT
There will continue to be Police Department and Finance Department staff time associated with processing new permit requirements for sidewalk vendors. However the most significant impact will be conducting enforcement on Levi’s Stadium event days. At this time, there are approximately 15 major events scheduled at Levi’s Stadium from May 2024 through February 2025; additional event(s) City of Santa Clara Printed on 4/5/2024Page 1 of 2
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24-338 Agenda Date: 4/9/2024
may be added during this timeframe.

Staff recommends maintaining the ability to waive fees and taxes for all required City business licenses and permits for qualified sidewalk vendors operating at stadium events through the new sunset date on a first come first served basis in an amount not to exceed $30,000.

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

PUBLIC CONTACT
A summary of proposed Ordinance No. 2067 was published to the Santa Clara Weekly on April 3, 2024, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.

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

RECOMMENDATION

1. Waive Second Reading and Adopt Ordinance No. 2067 amending Chapter 5.05 (“Solicitors and Peddlers”) of the Santa Clara City Code to readopt the Street Vending Stadium Pilot Program to run through February 28, 2025, and modifying Section 5.05.430 (“Time, Place or Manner Restrictions”) to include Old Glory Lane west of Great America Parkway.

2. Authorize City Manager to waive fees and taxes for all required City business licenses and permits, for qualified sidewalk vendors operating at stadium events through the new sunset date on a first come first served basis in an amount not to exceed $30,000, less fees/taxes previously waived.

Reviewed by: Glen R. Googins, City Attorney
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Ordinance No. 2067 (Intro)
City of Santa Clara Printed on 4/5/2024Page 2 of 2
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Ordinance/Modify Street Vending Pilot Program Page 1 of 10 Rev: 09/2019
ORDINANCE NO. 2067

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING CHAPTER 5.05 (SOLICITORS
AND PEDDLERS) OF “THE CODE OF THE CITY OF SANTA
CLARA, CALIFORNIA”

BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, Ordinance No. 2062 establishing a street vending pilot program (“Program’) upon certain public sidewalks and pedestrian paths surrounding Levi ’s Stadium, was adopted on August 22, 2023;
WHEREAS, the Program was implemented to run during the 2023 football season; WHEREAS, during the course of the Program, it was discovered that the portion of Old Glory Lane west of Great America Parkway – which provides pedestrian access to several Stadium parking lots – was not included in the original scope of the Program, but does experience the health, safety, or welfare concerns set forth in SCCC 5.05.440; WHEREAS, the Program included an initial sunset date of January 31, 2024, and was to be considered repealed if not extended prior to January 31, 2024; WHEREAS, the Program was not extended prior to January 31, 2024; WHEREAS, ensuring the health, safety and welfare of Stadium patrons in their ingress and egress routes from the facility is extre mely important, and continuing the Program, with adjustments, is necessary to achieve this goal;
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Ordinance/Modify Street Vending Pilot Program Page 2 of 10 Rev: 09/2019
WHEREAS, the City deems it prudent to implement adjustments to the communication and enforcement plan during the non-NFL event season and further test those practices during the 2024 NFL season, and to conduct a more comprehensive bench mark review of unpermitted vending impacts and responses at similar venues, and to continue to pursue enforcement options with partners at the Bureau of Alcoholic Beverage Control and the County of Santa Clara Environmental Health Department; and WHEREAS, for these reasons, the City Council deems it to be in the best interests of the City to readopt the expired Program, extending the Program for approximately one additional year to February 28, 2025, and modifying the time, place, manner restrictions in the Program to include that portion of Old Glory Lane west of Great America Parkway.

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

SECTION 1: That Article IV (entitled “Stadium Pilot Pr oject”) of Chapter 5.05 (entitled “Solicitors and Peddlers”) of Title 5 (entitled “Business Licenses and Regulations”) of “The Code of the City of Santa Clara, California” is re-adopted as follows:
“Article IV. Stadium Pilot Program

5.05.400 Definitions

5.05.410 Purpose

5.05.420 Permit Required

5.05.430 Time, Place, or Manner Restrictions

5.05.440 Health, Safety, or Welfare Concerns

5.05.450 Enforcement
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Ordinance/Modify Street Vending Pilot Program Page 3 of 10 Rev: 09/2019

5.05.400 Definitions.

(a) “Event Days” means days on which events are held at the Stadium which necessitate street closures pursuant to the Traffic Management and Operations Plan. (b) “Sidewalk Vendor” means a person who sells food or merchandise, whether stationary or roaming, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(c) “Stadium Pilot Program Area” means those specific streets or paths enumerated in SCCC 5.05.430.

5.05.410 Purpose.

The purpose of this Article is to strike a balance between supporting entrepreneurship and maintaining a safe environment for Stadium patrons by enacting a limited-term pilot program regulating the time, place, and manner in which Sidewalk Vendors may conduct business within the designated Stadium Pilot Program Area surrounding Levi’s Stadium on Event Days, based upon objective health, safety, and welfare concerns.

This Article shall become inoperative on February 28, 2025, and shall be considered repealed on that date, unless this Section is amended on or before February 28, 2025, to delete or extend this date.

5.05.420 Permit Required.

(a) At any time, whether on an Event Day or otherwise, Sidewalk Vendors operating within the Stadium Pilot Program Area must possess a valid sidewalk vending permit issued by the Chief of Police or designee.
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Ordinance/Modify Street Vending Pilot Program Page 4 of 10 Rev: 09/2019
(b) To obtain a sidewalk vending permit, Sidewalk Vendors must complete a permit application, which shall be on a form available at the Police Department, with the following information:
(1) Categories of personal identification and business information to be enumerated by the Police Department on the application, and which shall be in accordance with Senate Bill 946
(2) Fingerprinting in accordance with SCCC 5.05.050
(3) Business Tax Certificate in accordance with SCCC 3.40.060 (4) Proof of current and valid permit, or other form of approval, from other applicable public agencies including, but not limited to, the Santa Clara County Department of Environmental Health
(5) If an individual or entity other than the applicant owns the pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used by the applicant, such individual or entity shall be identified in the manner prescribed by the Police Department
(6) If the applicant is employed or otherwise engaged by another individual or entity to perform Sidewalk Vendor services, such individual or entity shall be identified in the manner prescribed by the Police Department (c) Permits shall be valid for a period of one year and Sidewalk Vendors must renew their permits annually.
(d) Fees associated with the initial permit application or annual renewal shall be established by resolution of the City Council and must be remitted at the time of submission of the application or request for renewal.

Ordinance/Modify Street Vending Pilot Program Page 5 of 10 Rev: 09/2019
(e) An initial permit application may be denied under any of the following circumstances:
(1) The applicant failed to submit all required information or fees (2) The applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application (3) Within the past five years, the applicant had a criminal judgment for misdemeanor or felony entered against him or her for a crime of violence or a property crime related to theft or fraud
(f) A request for permit renewal, which shall be on a form available at the Police Department, may be denied under any of the following circumstances:
(1) The applicant failed to submit all required information or fees (2) The applicant failed to request renewal prior to expiration of the permit (3) The applicant falsified information on the application, concealed a material fact or otherwise committed any fraud in the application (4) Within the past five years, the applicant had a criminal judgment for misdemeanor or felony entered against him or her for a crime of violence or a property crime related to theft or fraud
(g) The decision of the Chief of Police or designee to deny, revoke, or not renew, a permit may be appealed under the procedures set forth in SCCC Sections 2.115.050 – 2.115.090.
(h) The permit issued pursuant to this Article, and all interests, rights and obligations pertaining thereto, are personal to the holder of such permit, and are not transferable or assignable, by operation of law or otherwise.

Ordinance/Modify Street Vending Pilot Program Page 6 of 10 Rev: 09/2019

5.05.430 Time, Place, or Manner Restrictions
(a) No Sidewalk Vendor shall sell food or merchandise, whether stationary or roaming, from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path, within the Stadium Pilot Program Area on Event Days during the hours of street or trail closures. In no event shall Street Vending occur within the Stadium Pilot Program Area on Event Days within two hours before the commencement of an event and two hours after the conclusion of an event.
(b) The Stadium Pilot Program Area shall be defined as the following:

(1) Tasman Drive (from Great America Parkway to Calle de Sol)

(2) Tasman Drive eastbound off-ramp to Star and Stripes Drive

(3) Tasman Drive stairways to Stars and Stripes Drive

(4) Great America Parkway (from Bunker Hill Drive to Patrick Henry Drive)

(5) Stars and Stripes Drive (from the Tasman Drive eastbound off-ramp to Bill Walsh Way)
(6) San Tomas Aquino Creek Trail (from Great America Parkway to Agnew Road)
(7) Old Glory Lane east and west of Great America Parkway

5.05.440 Health, Safety, or Welfare Concerns
The following health, safety, or welfare concerns exist upon the sidewalks and other pedestrian paths listed in SCCC 5.05.430(b):
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Ordinance/Modify Street Vending Pilot Program Page 7 of 10 Rev: 09/2019
(a) Street Vending in the Stadium Pilot Program Area on Event Days and the associated customer queues scattered within a large, high-density pedestrian group presents a variety of risks to the vendors, their customers, other pedestrians, emergency responders, vehicular traffic, and pedi-cab traffic (b) Interfering with the ability of disabled persons and other pedestrians to safely follow a path of travel in both ingress and egress from the Stadium on Event Days
(c) Interfering with the ability of public safety or other emergency responders to quickly and safely travel through the crowds
(d) Street Vendors and associated customer queues extending into vehicular and pedi-cab driving lanes, and in close proximity to rail lines (e) Unsafe food preparation, storage, and handling practices, including lack of hand washing facilities
(f) Inadequate waste disposal that can lead to pollution, or hazardous and unsanitary conditions
(g) Use of propane tanks on portable carts without security measures is particularly dangerous in the context of a large, highly dense, pedestrian group (h) Hot greasy cook tops without structures for safety clearances and required fire extinguishing devices which are particularly dangerous in the context of a large, highly dense, pedestrian group
(i) Merchandise sales of counterfeit, unsafe or inappropriate items (e.g., flares) that are particularly dangerous in the context of a large, highly dense, pedestrian group
Ordinance/Modify Street Vending Pilot Program Page 8 of 10 Rev: 09/2019
(j) Alcohol being sold to Stadium patrons without Alcoholic Beverage Control permits, particularly in situations in which Stadium halts alcohol sales prior to the conclusion of the event for safety purposes

5.05.450 Enforcement
(a) A violation of any requirement of this Article IV, except for permit requirements under SCCC 5.05.420, is punishable only by the following administrative penalty structure or permit revocation:
(1) One hundred dollars ($100) for a first violation

(2) Two hundred dollars ($200) for a second violation within one year of the first violation
(3) Five hundred dollars ($500) for each additional violation within one year of the first violation
(4) The Chief of Police or designee may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations
(b) A Sidewalk Vendor operating within the Stadium Pilot Program Area without possessing a valid sidewalk vending permit issued in accordance with SCCC 5.05.420 is subject to the following penalties:
(1) Two hundred fifty dollars ($250) for a first violation (2) Five hundred dollars ($500) for a second violation within one year of the first violation
(3) One thousand dollars ($1,000) for each additional violation within one year of the first violation.

Ordinance/Modify Street Vending Pilot Program Page 9 of 10 Rev: 09/2019
(c) The Police Department shall make available instructions or other materials explaining a Street Vendor’s right to request an ability-to-pay determination pursuant to SB 946.”
SECTION 2: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
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SECTION 3: Savings clause . The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance . All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of 'The Charter of the City of Santa Clara, California ." PASSED FOR THE PURPOSE OF PUBLICATION this 19TH day of March, 2024, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED : COUNCILORS:

Becker, Chahal, Hardy, Jain, Park, and .

Watanabe, and Mayor Gillmor
None
None
None
ATTEST: ~

NORAPIMENTRMMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/Mod ify Street Vending Pilot Program
Rev: 09/2019

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-301 Agenda Date: 4/9/2024

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of January 2024

BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that the invoiced goods or services have been provided.

The Bills and Claims listing represents the cash disbursements required of normal and usual operations during January 2024. Budget control is set by the Stadium Authority Board through the budget adoption process.

DISCUSSION
Effective August 31, 2022, the Stadium Authority and Stadium Manager agreed to the timely payment of Shared Stadium Expenses and other budgeted expenses in accordance with the Annual Stadium Authority Budget, except for buffet expenses invoiced pursuant to Section 4.6.1 of the Stadium Lease. The Stadium Authority maintains the right to confirm and dispute submitted charges. The Stadium Authority may raise questions with respect to any charge at any time before or after a fiscal year-end reconciliation/true-up and the Stadium Manager must assess and respond to such questions in good faith.

At its March 7, 2023 meeting, the Stadium Authority Board adopted the Santa Clara Stadium Authority Fiscal Year 2023-24 Operating, Debt Service, and Capital Budget which runs from April 1, 2023 to March 31, 2024. Significant expenditures paid in January 2024 include:
· Payments totaling $216,902.30 to the City of Santa Clara for the following:
o $70,107.05 for reimbursement of General and Administrative (G&A) City payroll costs (e.g., Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) o $146,795.25 for Senior/Youth Fees for NFL Games 4-9
· Payments totaling $1,188,341.94 to Forty Niners Stadium Management Company, LLC for January 2024 Stadium Manager Expenses
· Payment totaling $39,618.37 to Amazon Capital Services, Inc. for CapEx Project - Concessions Cart Cabling for Portable Carts
· Payment totaling $14,591.97 to InTWO, Inc. for Financial Management System Monthly City of Santa Clara Printed on 4/5/2024Page 1 of 2
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24-301 Agenda Date: 4/9/2024
Services (October - December 2023)
· Payment totaling $14,931.00 for Legal Services (November 2023)

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 is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The fiscal impact to the Stadium Authority is $1,476,522.67

COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.

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

RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for January 2024.

Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director

ATTACHMENTS

1. January 2024 SCSA Bills and Claims
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Payment Date Vendor Invoice No. Description Fund Amount 1/16/2024 Bank of America N/A December 2023 Bank Fees - CapEx Reserve Account Operating 1,437.37$ 1/16/2024 Bank of America N/A December 2023 Bank Fees - Operating Reserve Account Operating 437.22 1,874.59
1/9/2024 City of Santa Clara N/A B2324 SCSA Admin Payroll Costs Operating 70,107.05 1/18/2024 City of Santa Clara N/A Senior/Youth Fees for NFL Games 4-9 Operating 146,795.25 216,902.30
1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Security Operating 132,276.03 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Stadium Ops Operating 381,670.06 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Engineering Operating 226,068.86 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Guest Services Operating 54,270.34 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Groundskeeping Operating 55,112.25 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - SBL Sales & Service Operating 194,437.29 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Insurance Operating 81,042.36 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Use of Tenant Improvements Operating 2,332.28 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Other G&A Operating 52,799.14 1/2/2024 Forty Niners Stadium Management Co, LLC SLS-24310 January 2024 Stadium Manager Expenses - Lender Fees Operating 8,333.33 1,188,341.94
1/25/2024 Amazon Capital Services, Inc. 1WJX-1XFT-WHWX CapEx Project - Concessions Cart Cabling for Portable Carts CapEx 39,618.37 1/19/2024 ECS Imaging, Inc. 18348 SBL Processing / Ongoing Support (November 2023) Operating 262.50 1/25/2024 InTWO, Inc. 35624 Financial Management System Monthly Services (October 2023) Operating 4,863.99 1/25/2024 InTWO, Inc. 36269 Financial Management System Monthly Services (November 2023) Operating 4,863.99 1/25/2024 InTWO, Inc. 36840 Financial Management System Monthly Services (December 2023) Operating 4,863.99 14,591.97
1/25/2024 1364047 Legal Services (November 2023) Operating 14,931.00 January 2024 Total 1,476,522.67$
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of January 2024

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-333 Agenda Date: 4/9/2024

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Manager’s Request to Approve an Amendment No. 3 to the Agreement with Bear Electrical Solutions, Inc. to Extend the Term and Increase Rates for Electrical Maintenance and Repair Services at Levi’s Stadium

BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
As the Stadium Manager of Levi’s Stadium, Forty Niners Stadium Management Company LLC (Stadium Manager) is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Stadium Management Agreement between the Stadium Authority, Forty Niners SC Stadium Company LLC (StadCo), and Stadium Manager.

As described in an April 20, 2021 report to the Stadium Authority Board (Board), the Stadium Manager conducted a Request for Proposal (RFP) process for electrical and maintenance repair services for the Stadium. Four proposals were received and after the evaluation process, Bear Electrical Solutions, Inc. and Cupertino Electric, Inc. were selected as the most competitive and responsive bidders to perform the required scope of work. The Stadium Manager recommended award to both vendors for the purpose of having master agreements in place for electrical and maintenance repair services and planned to use the vendors for specific task orders and award work based on responsiveness, availability, cost, and expertise. On April 20, 2021, the Stadium Authority Board approved the Stadium Manager’s request to execute agreements with both vendors to perform electrical maintenance and repair services at Levi’s Stadium.

The Agreement with Bear Electrical Solutions, Inc. (Agreement) (Attachment 1) includes an initial term of three years with the option to extend for two additional one year periods, in an amount not to exceed $250,000 per contract year, for a total not to exceed amount of $750,000 over the three year period beginning May 5, 2021 through May 4, 2024.

On September 7, 2021, the Board approved the Stadium Manager’s request to execute an Amendment No. 1 to the Agreement with Bear Electrical Solutions, Inc. (Attachment 2) to increase the not to exceed amount from $250,000 to $500,000 for the first year of the agreement term, for a total not to exceed amount of $1,000,000 over the initial three-year term, to cover costs associated with the Levi’s Signage Repairs CapEx Project.

On May 10, 2022, the Board approved the Stadium Manager’s request to execute an Amendment No. 2 to the Agreement with Bear Electrical Solutions, Inc. (Attachment 3) to increase the not to City of Santa Clara Printed on 4/5/2024Page 1 of 4
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24-333 Agenda Date: 4/9/2024
exceed amount for the second year of the agreement term from $250,000 to $670,000, for a total not to exceed amount of $1,420,000 over the three-year term, to cover costs associated with the Levi’s Naming Rights Existing Signage Lighting and Driver Repair CapEx Project.

The Stadium Manager is now requesting approval to execute an Amendment No. 3 to the Agreement with Bear Electrical Solutions, Inc. (Attachment 4) to extend the term for one year beginning May 5, 2024 through May 4, 2025, with an option to extend for one additional year, in an amount not to exceed $350,000 for the fourth contract year and a total not to exceed amount of $1,770,000 over the entire four year term. The proposed Amendment No. 3 to the Agreement also increases the compensation rates that are outlined under Exhibit G-1.

A Recommendation for Award Memo was submitted describing the Stadium Manager’s request in more detail (Attachment 5).

DISCUSSION
The Stadium is a 1.8 million square foot facility that utilizes complex electrical systems that requires a contractor’s expertise, on-call, and as needed services to provide the required maintenance and repair of the electrical components throughout the Stadium. There is a continued need for these services from a contractor capable of handling the wide range of electrical repairs and maintenance required for the Stadium.

As described in the Stadium Manager’s Recommendation Memo, the Stadium Manager originally sought to exercise one-year extensions to the agreements with Bear Electrical Solutions, Inc. and Cupertino Electric, Inc. Bear Electrical Solutions provided a rate increase of 3.2%, which is within the Consumer Price Index (CPI) increase experienced by the region since the original rates were approved in 2021. Cupertino Electric, Inc. provided higher rate increases that ranged between 20- 33%. As such, the Stadium Manager is proposing to move forward with only extending the Agreement with Bear Electrical Solutions, Inc., which will increase the compensation rates to those reflected in Exhibit G-1 and increase the not to exceed amount for the fourth contract year accordingly to ensure there are sufficient funds to cover the required services that will now be performed by one vendor.

The rates for the Agreement’s initial three-year term (Years 1-3) and the proposed extension (Year 4) are summarized in the table below:

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24-333 Agenda Date: 4/9/2024
Based on the information above and review of the Stadium Manager’s request, staff recommends approval of the Stadium Manager’s request to execute an Amendment No. 3 to the Agreement with Bear Electrical Solutions, Inc. to ensure continuity of electrical maintenance and repair services at Levi’s Stadium. The Stadium Manager plans to issue a formal solicitation for electrical maintenance and repair services in the coming months.

The Stadium Authority Counsel’s Office has reviewed the Amendment No. 3 to the Agreement with Bear Electrical Solutions, Inc. for comparison to the Stadium Authority’s customary language. Nothing in the proposed Amendment No. 3 or Agreement changes the Stadium Authority’s rights under the Management Agreement and specifically with respect to any dispute that may arise from the Stadium Manager’s obligations under the Management Agreement.

The Stadium Authority reserves all rights to confirm and dispute charges by and payments to the Stadium Manager during a fiscal year-end reconciliation/true-up, including but not limited to changes based on improper allocation, calculation, lack of support, or failure to comply with the Parties’ contracts or California law. The Stadium Authority may raise related questions before the fiscal year- end reconciliation/true-up, which the Stadium Manager agrees to assess and respond to in good faith.

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Billab le Labor Rates Straight Time/ Daily Saturday Sunday & Weekd av Holidav
Job Categorv
COMM & System Installer Years 1-3: $120_00 Years 1-3: $148_00 Years 1-3: $148_00 Years 1-3: $176_00 (Journey Level) Year 4: $123.84 Year4 : $15274 Year 4: $152.74 Year 4: $18 1 63 COMM & System Tech Years 1-3: $128_00 Years 1-3: $161 _00 Years 1-3: $160_00 Years 1-3: $195_00 (Journey Leve l) Year 4: $132. 10 Year 4: $166. 15 Year 4: $165. 12 Year 4: $20 1.24 Inside Wireman, Technician Years 1-3: $182_00 Years 1-3: $230 _00 Years 1-3: $230 _00 Years 1-3: $275 _00 (Journev Leve l) Year 4: $187.82 Year 4: $237 36 Year 4: $237.36 Year 4: $283 80 Cable Splicer (Journey Level) Years 1-3: $195_00 Years 1-3: $250 _00 Years 1-3: $250 _00 Years 1-3: $305 _00 Year 4: $201.24 Year 4: $258.00 Year 4: $258.00 Year 4: $314.76 Material Handler (Journey Years 1-3: $101 _00 Years 1-3: $125_00 Years 1-3: $125_00 Years 1-3: $146_00 Level) Year 4 : $104 23 Year 4: $129 00 Year 4 : $129 00 Year 4: $149 64 Material Handler-Fourth Six Years 1-3: $94_00 Years 1-3: $11 5_00 Years 1-3: $11 5_00 Years 1-3: $135_00 Months (Journev Level) Year 4 : $97 01 Year 4: $11868 Year 4 : $11868 Year4: $13932 Material Handler-Third S ix Years 1-3: $90 _00 Years 1-3: $107 _00 Years 1-3: $107_00 Years 1-3: $125_00 Months (Journey Level) Year 4: $92.88 Year 4: $110.42 Year 4: $110.42 Year 4: $129.00 Material Handler-Seco nd Six Years 1-3: $85 _00 Years 1-3: $100_00 Years 1-3: $100_00 Years 1-3: $11 5_00 Months (Journey Level) Year 4 : $87 72 Year 4: $103.20 Year 4 : $103.20 Year 4 : $11868 Material Handler-First Six Years 1-3: $63 _00 Years 1-3: $77 _00 Years 1-3: $77 _00 Years 1-3: $91_00 Months (Jou rney Level) Year 4: $65.02 Year 4: $7946 Year 4: $7946 Year 4: $93 91 EJectrician. Inside Wireman- Years 1-3: $136_00 Years 1-3: $197 _00 Years 1-3 $ 197_00 Years 1-3: $197 _00 5th Period (Ann rentice Levell Year 4 : $140 35 Year 4: $203 30 Year 4 : $203 30 Year 4 : $203 30 Electrician , Inside Wireman - Years 1-3: $142_00 Years 1-3: $207 _00 Years 1-3: $207 _00 Years 1-3: $207 _00 6th Period (Amrentice Level) Year 4: $146.54 Year 4: $213 62 Year 4: $213.62 Year 4: $213 62 Electrician, Inside Wireman - Years 1-3: $148_00 Years 1-3: $218_00 Years 1-3: $218 _00 Years 1-3: $218_00 ?th Period (Apprentic e Level) Year 4: $152.74 Year 4: $224.98 Year 4: $224.98 Year 4: $224.98 Electrician , Inside Wireman - Years 1-3: $155_00 Years 1-3: $229 _00 Years 1-3: $229 _00 Years 1-3: $229 _00 8th Period (Annr entice Levell Year 4: $159.96 Year 4: $236 33 Year 4: $236.33 Year 4: $236 33 Electrician , Inside Wireman- Years 1-3: $160_00 Years 1-3: $240 _00 Years 1-3: $240 _00 Years 1-3: $240 _00 9th Period Year 4: $165_12 Year 4: $247 .68 Year 4: $247_68 Year 4: $247 .68 Electrician, Inside Wireman - Years 1-3: $167_00 Years 1-3: $250 _00 Years 1-3: $250 _00 Years 1-3: $250 _00 10th Period Year 4 : $1723 4 Year 4: $258 00 Year 4: $258.00 Year 4: $258 00 • Materials and consumab les mark-up from actua l cost to contractor is 10% • Eauioment rentals mark~uo from actual cost to contractor is 10% 24-333 Agenda Date: 4/9/2024

ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment or pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The Stadium Authority Fiscal Year (FY) 2024/25 Budget contains Shared Stadium Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. Shared Stadium Expenses are split 50/50 between the Stadium Authority and StadCo per the Stadium Lease. There are sufficient funds in the FY 2024/25 Shared Stadium Expenses Engineering line item to cover Stadium Authority’s fifty percent (50%) of the Shared Stadium Expenses portion of the agreement cost for the fourth contract year (up to $175,000). As the agreement term covers multiple fiscal years (FY 2024/25 and FY 2025/26), the term for FY 2025/26 is conditioned upon approval of the Stadium Authority budget for that fiscal year.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Office.

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

RECOMMENDATION
Approve the Stadium Manager’s request to execute an Amendment No. 3 to the Agreement with Bear Electrical Services, Inc. to extend the term for one year beginning May 5, 2024 to May 4, 2025 with an option to extend for one additional year, in an amount not to exceed $350,000 for the fourth contract year and a total not to exceed amount of $1,770,000 over the four year term, subject to budget appropriations.

Reviewed by: Chuck Baker, Assistant City Manager
Approved by: Jovan D. Grogan, Executive Director

ATTACHMENTS

1. Agreement with Bear Electrical Solutions, Inc.

2. Amendment No. 1 to the Agreement with Bear Electrical Solutions, Inc.

3. Amendment No. 2 to the Agreement with Bear Electrical Solutions, Inc.

4. Proposed Amendment No. 3 to the Agreement with Bear Electrical Solutions, Inc.

5. Stadium Manager’s Recommendation Memo
City of Santa Clara Printed on 4/5/2024Page 4 of 4
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Contract Number: 10050-B

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

LEVI'S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

1. PARTIES AND DATE.

This Contract is made and entered into this Fifth day of May, 2021 by and between the FORTY NINERS STADIUM MANAGEMENT COMPANY LLC, a Delaware limited liability company ("Stadium Manager") and BEAR ELECTRICAL SOLUTIONS, INC., a California Corporation with its principal place of business at 1341 Archer Street, Alviso, CA 95002 ("Contractor"). Stadium Manager and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Contract.

2. RECITALS.

2.1 Stadium Manager. Stadium Manager seeks to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance and repair services required by the Stadium Manager on the terms and conditions set forth in this Contract and in the task order(s) to be issued pursuant to this Contract and executed by the Stadium Manager and Contractor ('Task Order"). Contractor represents that it is duly licensed and experienced in providing Levi's Stadium On-Call Stadium Electrical related maintenance and repair services, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of Stadium Manager. The following license classifications are required for this Project: C-7 Low Voltage Systems and C-10 Electrical Contractor.

2.3 Project. Stadium Manager desires to engage Contractor to render such services for the On-Call Stadium Electrical Maintenance and Repair ("Project") as set forth in this Contract on an on-call, as-needed basis. There is no guarantee of any of work under this Contract other than what is specified herein or that the not-to-exceed compensation amount set forth herein will be spent.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Scope of Work (Exhibit "A")
• Plans and Specifications (Exhibit "B")
• Special Conditions (Exhibit "C")
• Contractor's Certificate Regarding Workers' Compensation (Exhibit "D") • Public Works Contractor Registration Certification (Exhibit "E") • Payment and Performance Bonds (Exhibit "F")

Contract Number: 10050-B
• Rate Schedule (Exhibit "G")
• Sample Task Order Form (Exhibit "H")
• Addenda
• Change Orders executed by the Stadium Manager
• 2018 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor's Bid, if any

3.2 Contractor's Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Stadium Manager all labor, materials, tools, equipment, services, and incidental and customary work necessary for the Project (hereinafter sometimes referred to as the "Work"). The type of Work to be provided is described in Exhibit "A" attached hereto and incorporated herein by reference and in the individual Task Orders issued by the Stadium Manager. No Work shall be performed unless authorized by this Contract and by a fully executed Task Order in the form attached hereto as Exhibit "H". All Work shall be subject to, and performed in accordance, with this Contract, any relevant Task Order, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Special Conditions, if any, relating to the Work are described in Exhibit "C" attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the Stadium Manager. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the Stadium Manager may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/"Or Equal". Pursuant to Public Contract Code Section 3400(b), the Stadium Manager may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words "or equal."
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the Stadium Manager may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any "or equal" material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the repair schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of "or equal" requests shall not in any

Contract Number: 10050-B
is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The Stadium Manager has the complete and sole discretion to determine if a material, process or article is an "or equal" material, process or article that may be substituted.

Data required to substantiate requests for substitutions of an "or equal" material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted "or equal" material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted "or equal" material, process or article, and substantiates that it is an "or equal" to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the Stadium Manager in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the Stadium Manager's costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted "or equal" material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code Section 3400.

3.3 Period of Performance and Liquidated Damages. The term of this Contract shall commence on the date first set forth above and expire on May 4, 2024, unless earlier terminated as provided herein. Contractor shall complete the Work within the term of this Contract, and shall meet any other established schedules and deadlines set forth in the Task Order(s). All applicable indemnification provisions of this Contract shall remain in effect following the termination of this Contract. The Parties may, by mutual, written consent, further extend the term of this Contract for two (2) additional one ( 1) year periods. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquidated damages a fixed dollar amount per day for each and every calendar day of delay beyond any completion schedule, repair schedule or Project milestones established pursuant to the Contract and any Task Order(s). The daily liquidated damages amount will be determined for each separate Task Order and will be set forth in that Task Order.

3.4 Standard of Performance: Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. Contractor shall perform, at its own cost and expense and without reimbursement from the Stadium Manager, any work necessary to correct errors or omissions which are caused by Contractor's failure to comply with the standard of care provided for herein. Any employee who is determined by the Stadium Manager to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

Contract Number: 10050-B
uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the Stadium Manager, shall be promptly removed from the Project by Contractor and shall not be reemployed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. Stadium Manager retains Contractor on an independent contractor basis and Contractor is not an employee of Stadium Manager. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

3.6 Stadium Manager's Basic Obligation. Stadium Manager agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Stadium Manager shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below-referenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit "G" attached hereto and incorporated herein by reference. The maximum compensation for Work to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contractor, in the aggregate, shall not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) ("Total Contract Price") per contract year without the written approval of the Stadium Manager. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Contract.

3. 7.2 Payment of Compensation. Contractor shall submit to Stadium Manager a monthly itemized statement which indicates Work completed by Contractor in a format acceptable to the Stadium Manager. The statement shall describe the amount of Work and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. These statements shall be supported by evidence which is required by this Contract and such other documentation as the Stadium Manager may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated.

3.7.3 Prompt Payment. Stadium Manager shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

Contract Number: 10050-B

3.7.4 Deductions and Withholdings. The Stadium Manager may deduct from each progress payment an amount necessary to protect Stadium Manager from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the Stadium Manager in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by Stadium Manager during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the Stadium Manager, incurred by the Stadium Manager for which Contractor is liable under the Contract; and (11) any other sums which the Stadium Manager is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the Stadium Manager to deduct any of these sums from a progress payment shall not constitute a waiver of the Stadium Manager's right to such sums.

3.7.5 Substitutions for Contract Deductions and Withholdings. In accordance with California Public Contract Code Section 22300, the Stadium Manager will permit the substitution of securities for any monies withheld by the Stadium Manager to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the Stadium Manager, or with a state or federally chartered bank in California as the escrow agent, and thereafter the Stadium Manager shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the Stadium Manager has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract.

Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the Stadium Manager.

3.7.6 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the Stadium Manager, or its designee, at the time of payment. To the extent that title has not previously been vested in the Stadium Manager, or its designee, by reason of payments, full title shall pass to the Stadium Manager, or its designee, at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the Stadium Manager or its designee, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

3.7.7 Labor and Material Releases. Contractor shall furnish Stadium Manager with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by Stadium Manager.

Contract Number: 10050-8

3.7.8 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the Work is being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Stadium Manager shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Work available to interested parties upon request, and shall post copies at Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.9 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777 .5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said Section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.10 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and onehalf (11/2) times the basic rate for that worker.

3.7.11 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code Section 1776. In the event of noncompliance with the requirements of this Section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The

Contract Number: 10050-B
responsibility for compliance with this Section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code Section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.12 Contractor and Subcontractor Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit "E" prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.13 Labor Compliance: Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor's sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Work, including any delay, shall be Contractor's sole responsibility.

Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the Stadium Manager. Contractor shall defend, indemnify and hold the Indemnified Parties (defined below) free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work: Jobsite Obligations.

3.8.1 Water Quality Management and Compliance, if Applicable.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code§§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board ("Permit"). It shall be Contractor's sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area or which is part of a larger common area of development or

Contract Number: 10050-8
sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit.

Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a "living document" that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor's sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage Stadium Manager, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during repair of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non.Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the Indemnified Parties (defined below) for any alleged violations. In addition, Stadium Manager may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor's failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. Stadium Manager reserves the right to defend any enforcement action brought against the Stadium Manager for Contractor's failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the Stadium Manager for the costs (including the Stadium Manager's attorney's fees) associated with, any settlement reached between the Stadium Manager and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by Stadium Manager, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Contract. Upon request, Stadium Manager will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of

Contract Number: 10050-8
work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures.

Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the Stadium Manager in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the Stadium Manager, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold Indemnified Parties (defined below) free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing Stadium Manager permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for Stadium Manager's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify Stadium Manager of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class Ill disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by Stadium Manager; and (3) unknown

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physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, Stadium Manager shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, Stadium Manager shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the drawings ; and (3) equipment necessarily idled during such work . Contractor shall not be assessed liquidated damages for delay caused by failure of Stadium Manager to provide for removal or relocation of such utility facilities. ·

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARS). Although CARS limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify the Indemnified Parties (defined below) against any fines or penalties imposed by CARS, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Contract.

3.8.9 State Recycling Mandates . Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work . When Contractor determines that it has completed the Work required herein, Contractor shall so notify Stadium Manager in writing and shall furnish all labor and material releases required by this Contract. Stadium Manager shall thereupon inspect the Work. If the Work is not acceptable to the Stadium Manager, the Stadium Manager shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the Stadium Manager . Once the Work is acceptable to Stadium Manager , Stadium Manager shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which Stadium Manager may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims: Government Code Claim Compliance.

3.10.1 Arbitration.:_AII disputes between Contractor and Stadium Manager relating in any way to this Agreement or Services performed under this Agreement (including , but not limited to, claims for breach of contract, tort, discrimination, harassment and any violation of federal or state law, regulation or constitution) ("Arbitrable Claims") shall be resolved by binding arbitration under the Federal Arbitration Act, in conformity with the procedures of the

Contract Number: 10050-B
California Arbitration Act (Cal. Code Civ. Proc.§ 1280 et seq., including§ 1283.05 and all of the Act's other mandatory and permissive rights to discovery). In addition to any other requirements imposed by law, the arbitrator selected shall be a retired California Superior Court Judge, or otherwise qualified individual to whom the parties mutually agree, and shall be subject to disqualification on the same grounds as would apply to a judge of such court. All rules of pleading (including the right of demurrer), all rules of discovery, all rules of evidence, all rights to resolution of the dispute by means of motions for · summary judgment, judgment on the pleadings and all other dispositive motions, and judgment under Code of Civil Procedure § 631.8 shall apply and be observed. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Likewise, all communications during or in connection with the arbitration proceedings are privileged in accordance with Cal. Civil Code § 47(b). As reasonably required to allow full use and benefit of this agreement's modifications to the Act's procedures, the arbitrator shall extend the times set by the Act for the giving of notices and setting of hearings.

Awards shall include the arbitrator's written reasoned opinion. The Parties understand and agree to this binding arbitration provision, and both Contractor and Stadium Manager give up their right to trial by jury of any claim they may have against each other.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by Stadium Manager. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the Stadium Manager may terminate this Contract pursuant to Section 3.17.3; provided, however, that the Stadium Manager needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the Stadium Manager, the Santa Clara Stadium Authority, the City of Santa Clara, their affiliates, and each of their respective officers, directors, managers, members, partners, owners, employees, agents and authorized volunteers, each tenant and event promoter of Levi's Stadium, and any mortgagee, bond trustee or other financial institution from time to time holding a line or indenture upon an interest in Levi's Stadium, and each of them (collectively, the "Indemnified Parties"), free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's services, the Project, this Contract or any Task Order, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code Section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the Indemnified Parties or the Indemnified Parties' agents, servants, or independent contractors

Contract Number: 10050-B
who are directly responsible to the Indemnified Parties, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. Any defense to be provided by Contractor pursuant to any indemnification provision of this Agreement shall be by counsel approved by Stadium Manager, which approval shall not be unreasonably withheld. To the extent any of the lndemnitees incurs costs or expenses to enforce this indemnification (including attorneys' fees and expenses), Contractor shall reimburse the lndemnitee for such costs and expenses.

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the Stadium Manager that it has secured all insurance required under this Section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Stadium Manager that the subcontractor has secured all insurance required under this Section. Failure to provide and maintain all required insurance shall be grounds for the Stadium Manager to terminate this Contract for cause.

3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintafn for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at least the following minimum levels of coverage:

3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Worke,s' Compensation and Employer's Liability : Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Policies shall not contain exclusions contrary to this Contract.

3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $2,000,000 per accident for bodily injury and property damage; and (3) Worke,s ' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code of the State of California.

Employer's Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.

3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the Stadium Manager to add the following provisions to the insurance policies:

Contract Number: 10050-B

3.13.3.1 General Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it.

3.13.3.2 Automobile Liability. (1) Such policy shall give the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this 'contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the Stadium Manager, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor's scheduled underlying coverage. Any insurance or self­ insurance maintained by the Stadium Manager, its officials, employees, agents and authorized volunteers shall be excess of Contractor's insurance and shall not be called upon to contribute with it in any way.

3.13.3.3 Workers' Compensation and Employer's Liability Coverage. The insurer shall agree to waive all rights of subrogation against the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.

3.13.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Stadium Manager; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC and their respective officials, employees, agents and authorized volunteers.

Contract Number: 10050-B

3.13.3.5 Contractor's Equipment Insurance. Contractors Equipment Insurance applying to loss or damage on an "all risk" basis to any equipment, small tools, or other machinery whether owned, leased, rented, borrowed or otherwise in the care, custody and control of the Contractor for use in the performance of Work. The insurer shall agree to waive all rights of subrogation against the Stadium Manager, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy.

3.13.4 Separation of Insureds: No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the Stadium Manager, its officials, employees, agents and authorized volunteers.

3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Stadium Manager. Contractor shall guarantee that, at the option of the Stadium Manager, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Stadium Manager, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the Stadium Manager guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the Stadium Manager. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

3.13.7 Verification of Coverage. Contractor shall furnish Stadium Manager with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the Stadium Manager. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the Stadium Manager. All certificates and endorsements must be received and approved by the Stadium Manager before work commences. The Stadium Manager reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the Stadium Manager, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the Stadium Manager in writing.

3.13.9 Reporting of Claims. Contractor shall report to the Stadium Manager, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.

3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by Stadium Manager in Exhibit "C" attached hereto and incorporated herein by reference,

Contract Number: 10050-B
Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Payment Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.2 Performance Bond. If specifically requested by Stadium Manager in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to Stadium Manager concurrently with this Contract a Performance Bond in an amount required by the Stadium Manager and in a form provided or approved by the Stadium Manager.

If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the Stadium Manager.

3.14.3 Bond Provisions. Should, in Stadium Manager's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from Stadium Manager. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the Stadium Manager, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds.

No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the Stadium Manager. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the Stadium Manager, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the Stadium Manager. If Contractor fails to furnish any required bond, the Stadium Manager may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the Stadium Manager.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any nonconforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the Stadium Manager of any defect in the Work or nonconformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the Stadium Manager in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the Stadium Manager may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the

Contract Number: 10050-B
Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the Stadium Manager, regardless of whether or not such warranties and guarantees have been transferred or assigned to the Stadium Manager by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the Stadium Manager. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the Stadium Manager, the Stadium Manager shall have the right to correct and replace any defective or nonconforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the Stadium Manager for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor's Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "D" and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 Stadium Manager's Representative. The Stadium Manager hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract ("Stadium Manager's Representative"). Stadium Manager's Representative shall have the power to act on behalf of the Stadium Manager for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the Stadium Manager's Representative or his or her designee.

3.17.2 Contractor's Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the Stadium Manager ("'Contractor's

Contract Number: 10050-B
Representative"). Following approval by the Stadium Manager, Contractor's Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract and as described in the relevant Task Order. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the Stadium Manager, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the Stadium Manager, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the Stadium Manager's written approval.

3.17.3 Termination. This Contract may be terminated by Stadium Manager at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by Stadium Manager for any reason other than the fault of Contractor, Stadium Manager shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, Stadium Manager may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset Stadium Manager's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, Stadium Manager may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, Stadium Manager may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from Stadium Manager, the matter shall be referred to Stadium Manager's Representative, whose decision shall be binding upon Contractor.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be directed to the regularly­ monitored electronic mail address, read receipt requested, of such party as follows:

CONTRACTOR:

Attn: Brent Paulson, Regional Manager
Bear Electrical Solutions, Inc.

[email protected]
STADIUM MANAGER:

General Manager
Forty Niners Stadium Management Company LLC
[email protected]

Contract Number: 10050-B
With copy to:

Legal Affairs
Forty Niners Stadium Management Company LLC
[email protected]
Any such notice or communication shall be deemed to have been given on the day such notice or communication is sent electronically, provided the sender has received a confirmation of such electronic transmission. A Party may, for purposes of this Agreement, change its email address or the person to whom a notice or other communication is marked to the attention of, by giving notice of such change to the other Party pursuant to this Section 3.17.6.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of Stadium Manager. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, Stadium Manager may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

3.17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.

3.17.10 Laws. Venue. and Attorneys' Fees. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to terminate this Contract without liability.

3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working

Contract Number: 10050-B
solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, Stadium Manager shall have the right to rescind this Contract without liability. For the term of this Contract, no official, officer or employee of Stadium Manager, during the term of his or her service with Stadium Manager, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the Stadium Manager's Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17 .16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 Stadium Manager's Right to Employ Other Contractors. Stadium Manager reserves right to employ other contractors in connection with this Project or other projects.
[SIGNATURES ON NEXT PAGE]

Contract Number: 10050-B

SIGNATURE PAGE FOR ON-CALL REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY LLC AND BEAR ELECTRICAL SOLUTIONS, INC.

IN WITNESS WHEREOF , the Parties have entered into this Contract as of the Fifth day of May, 2021.

FORTYNINERS STADIUM

MANAGEMENTCOMPANYLLC
By:

Ji/ Mercurio
/
ecutive Vice President &
General Manager
ATTEST :

BEAR ELECTRICAL SOLUTIONS , INC.

By :

Its:

Printed Name : ~Bge;r.,., OVN"Clol\/

Contract Number: 10050-B
EXHIBIT "A"

SCOPE OF WORK
A. SCOPE OF WORK
Troubleshoot, repair, remove and install electrical equipment and components , typically found in a large sports stadium, rated at less than 60KV. This work will be performed via issuance of a Task Order ( defined elsewhere in this solicitation). The work assigned to Contractor will be designated with one of the following "priority levels" which will indicate the urgency of the work and the Contractor's response time:

Priority Level Type Response Time
1 - High Emergency - Hazardous , Respond within 1 hour and property damage, and/ or commence work as soon as
event required support possible.
2-Medium Systems Malfunction - Respond within 2 hours and Interruption of daily commence work with 24 hours.
operation
3-Low Minor Repair Respond within 24 hours and
commence work within 72
hours, or as determined
necessary by the Stadium
Manager.

The Contractor shall provide trained technicians with the appropriate tools and testing equipment for scheduled maintenance, safety inspection, and safety testing as required. The Contractor shall maintain all necessary licenses to perfonn the work specified herein. The Contractor will be responsible for supplying all necessary equipment (including aerial lifts), tools, consumables, material, labor, and supplies required to perform the work described herein.

Pursuant to this contract, the Contractor will be tasked, by the Stadium Manager, with performing troubleshooting, repairing, and performing maintenance of various electrical systems at the Stadium, including but not limited to the following :

1. Electrical power work, and communications cabling, including, but not limited, to the following:
a. Power connections for electric-powered equipment;

Contract Number: 10050-B
b. Circuit breaker replacement;
c. Disconnect replacement;
d. Fuse replacement;
e. Conduit repair and installation, including PVC coated rigid conduit and fittings, PVC, flexible conduit, etc.;
f. Wire and electrical cable repair and installation, including copper, aluminum, all insulation and wire types;
g. Transformer removal and replacement;
h. Sub-panel removal and replacement;
i. Electrical devices, including receptacles, switches, etc. Repair, removal or replacement;
j. Motor, starters, controllers, and variable frequency drives. Repair, removal or replacement;
k. Automatic transfer switches;

1. UPS systems and clean power systems, low/medium voltage distribution systems, electrical grounding systems. Trouble shoot and repair; replace batteries as necessary;
m. Troubleshoot and repairs to back-up power systems;
n. Install or repair electric vehicle charging equipment; o. Repairs to computer power floor cables and connections, under carpet raceways, connections to electrified furniture partitions, electrical devices and trim; p. Work in electric duct banks; and
q. Fiber optic cable repair, replacement, installation .

2. Lighting and physical security work, including, but not limited to, the following:
a. Indoor and outdoor lighting repairs and installations, including exterior pole mounted fixtures, and sports field lighting; b. Lamp removal and replacement, including HID, fluorescent, incandescent, etc.; c. Ballast removal and replacement, including HID, fluorescent , etc.; d. New lighting fixture installation, all types;
e. Lighting control work. Contractors must have experience with a variety oflighting control systems, including Lutron and Crestron control systems;
f. Provision of temporary lighting, as necessary; and
g. Conduit and related work for parking lighting, rolling gates, and other related electrical equipment.

3. Testing & Maintenance :
a. Arc Flash assessment;
b. Infrared inspection;
c. Coordination study;
d. Switch gear testing;
e. Emergency generator testing;
f. Power monitoring;
g. Motor control center cleaning; and
h. Ground fault testing.

Contract Number: 10050-B
B. GENERAL REQUIREMENTS

1. All work performed shall meet the latest revision of all applicable federal, state, and local regulations, laws, and codes .

2. All work schedules must be approved in writing by the Stadium Manager prior to commencement of work .

3. Unless otherwise specified, Contractor shall guarantee the labor and materials used are within the specified guidelines and recommendations of the manufacturer .

4. Materials furnished shall be new and shall be of commercial quality material. Used , reconditioned, or discontinued models and materials are not acceptable . The warranty period for contractor provided materials shall be for a period of 1 year, or within the manufacture warranty , whichever is longer. Such warranty shall commence upon the date of acceptance of Contractor's work by the Stadium Manager.

5. The Stadium Manager reserves the right to supply all or part of the materials or equipment on any project/repair.

6. Contractor shall be responsible for the replacement of failed/defective equipment, and parts installed by Contractor that are under warranty . Such cost, if any, shall be incurred by Contractor . Contractor shall assume all liability for such defects.

7. Follow up work required to correct recent repair/improper repair, or substandard parts shall be at no charge to the Stadium Manager.

8. Contractor shall coordinate site access and Hot Work with Forty Niners Stadium Management Company Engineering Department prior to commencement of work.

9. Contractor shall complete a service tag/log after completion of work. Such tag or log must contain the following information:
a. Date of Service
b. Name of Technician(s)
c. Description of Service(s)

10. Contractor shall notify Stadium Manager when a recall is issued for any equipment or component serviced, installed, or repaired by Contractor. Notification by Contractor shall include the reasons for the recall, procedures for replacement, and the disposition of the recalled equipment.
11 . Contractor is responsible for compliance with all building code requirements .

Independent of, or in addition, to any other legal requirements, the Stadium Manager may inspect and test Contractor ' s work to determine if it conforms to the California Building Standards Code and local regulations , if applicable . The Stadium Manager will not accept Contractor's work unless it meets all applicable building code

Contract Number: 10050-B
requirements .

12. The use of the safety equipment includes but is not limited to hard hats, eye protection, safety vests, hearing protection, fall protection, and safety boots as required by the California Occupational Safety and Health Administration.

13. Contractor is required to provide personal protective equipment (PPE) to perform the work and follow the Public Health Orders issued by the Santa Clara County Health Department related to Novel Coronavirus (COVID-19). The Public Health Order updates can be accessed online at https ://www .sccgov .org/sites/covidl9/Pages/pub1ic­ health-orders. aspx

14. Contractor shall maintain all necessary licenses to perform the work specified herein.

15. Contactor shall be in compliance with applicable prevailing wage laws and the California Labor Code.

16. Contractor shall provide protection for all existing building components beneath and around the work. Any damage to existing building components caused by contractor shall be immediately repaired or replaced at contractor's sole expense in a manner acceptable to and approved by Stadium Manager.

17. In all active work areas, contractor shall provide, install and maintain all necessary barricades and warnings to prohibit pedestrian access into any affected work area.

This not only includes areas surrounding the work, but also includes areas below the work. Levi's Stadium is an active building containing employees, guests, and other contractors on a daily basis. Contractor shall be responsible for keeping others out of its active work areas and preventing the exposure of others to grinding, sanding, scraping, paint drips, overspray or any other material generated within the work area, both around and below.

18. Contractor will have a designated representative to oversee Contractor's technicians assigned to perform the work specified herein. Contractor representative shall be responsible for providing all required documents, including, but not limited to, reports, invoices, as-built drawings and all other project contract documents to the Stadium Manager.

19. Contractor shall assign a primary/secondary technician(s) as the main contact for the Stadium Manager during the term of the contract. If different representatives are designated during the term of the Contract, notice of any changes (including, but not limited to, name, address, e-mail, and telephone number) shall be promptly served in writing.

20. Contractor must obtain written authorization prior to commencement of work. The Stadium Manager will provide Contractor written approval by issuing a Notice to Proceed.

Contract Number: 10050-B

21. The Contractor shall perform the following to ensure a clean, safe work site:
a. At end of each workday, remove rubbish, empty cans , rags, and other discarded materials from project site. Secure, locate and position all unused materials and equipment, including man lifts, to the satisfaction of Stadium Manager.
b. After completing coating application, clean spattered surfaces. Remove spattered coatings by washing, scraping, or other methods . Do not scratch or damage adjacent finished or unfinished surfaces. Do not allow coatings to drip, spatter onto or otherwise stain adjacent surfaces . c. Protect work of other trades against damage from coating operation . Correct damage by cleaning, repairing, replacing, and recoating, as approved by Stadium Manager, and leave in an undamaged condition.
d. Protect all adjacent surfaces as required by field conditions.

C. REGULATIONSANDSTANDARDS
All material and work shall be in accordance with the rules and requirements of the United States Department of Labor Occupational Safety and Health Administration ("OSHA "); National Electrical Code ("NEC"); National Fire Codes published by the National Fire Protection Association ("NFPA"); California Administrative Codes ("CAC"); Uniform Building Code ("UBC"); Uniform Plumbing Code ("UPC") ; and other applicable federal, state, and local laws and/or regulations. These specifications shall not be construed to permit work not conforming to these requirements. The regulations shall govern where they require higher standards or conflict with the specifications. Published rulings and interpretations of the enforcing agencies shall be considered a part of these specifications. All regulations and standards shall be the latest publication unless governing authorities require otherwise . In addition, all of Contractor's work shall be in accordance with the best practices available in the industry, and shall present a neat, workmanlike appearance upon completion .

Contract Number: 10050-B
EXHIBIT "B"

PLANS AND SPECIFICATIONS
Plans and Specifications shall be provided and made a part of each individual Task Order .

EXHIBIT "C"

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Contract Number : 10050-B
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the Stadium Manager four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the Stadium Manager and included as Exhibit "F" to the Contract. Failure to do so may, in the sole discretion of Stadium Manager, result in the forfeiture of Contractor's bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995 .120, authorized to do business as such in the State of California and satisfactory to the Stadium Manager. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.

Contract Number: 10050-B
EXHIBIT "D"

CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

BEAR ELECTRICAL SOLUTIONS, INC.

By: ~
Signature
~P£f2T fvs. uN q DN
Name (Print)
Title (Print)

Contract Number: 10050-B
EXHIBIT "E"

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public­ Works/PublicWorks .html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. 1
Name of Contractor: 'Bie~~ t lEctY,\ c..~\.. ~ b lu 11 D I\J ~, \NC..

DIR Registration Number: \ 000002 \ S' cg
DIR Registration Expiration: l9 \ 3o \ 20 '). "').

Small Project Exemption: __ Yes or _j__ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Nameo!Con~IC.A\_ ~c:,l,uTJpNS 1 \ .;c...

Signature ________________________ _
Name and Title 1?-o&I?t ,\svNC-tQI\J . V ,ex p~$.rD~ NJ Dated. __ '5 ...... \,.....3~ \l--''1,-0'---"-"2.-'-\ ___________ _ 1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725 .5 and 1771.1, please mark "Yes" in response to "Small Project Exemption."

Contract Number: 10050-B
EXHIBIT "F"

PAYMENT AND PERFORMANCE BONDS

ATTACHED BEHIND THIS PAGE

Executed in Duplicate

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

Contract Number: 10050-B
Bond No. 0798224
Premium: $9,328 .00
THAT WHEREAS , the Forty Niners Stadium Management Company LLC (hereinafter referred to as "Stadium Manager") has awarded to Bear Electrical Solutions, ln9.(hereinafter referred to as the "Contractor") a California corporation, an agreement for Levi's Stadium On-Call Electrical (hereinafter referred to as the "Project").

Maintenance and Repair Contract
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated May 5, 2021 , (hereinafter referred to as "Contract Documents "), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

Now THEREFORE Bear Electrical Solutions, Inc. d . d C t t d , , we, ______ _, me un ers,gne on rac or an Harco National Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the Stadium Manager in the sum of Seven Hundred Fifty Thousand and 001100 DOLLARS, ($750,000.00 ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the Indemnified Parties, as stipulated and defined in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by Stadium Manager, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the Stadium Manager from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains.

Nothing herein shall limit the Stadium Manager's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the Stadium Manager to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the Stadium Manager's option :

Bond No. 0798224
Contract Number: 10050-B
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the Stadium Manager, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the Stadium Manager to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the Stadium Manager under the Contract and any modification thereto, less any amount previously paid by the Stadium Manager to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the Stadium Manager may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the Stadium Manager, when declaring the Contractor in default, notifies Surety of the Stadium Manager's objection to Contractor's further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of April 2021 ).
(Corporate Seal) Bear Electrical Solutions, Inc.

Bond No. 0798224
Contract Number: 10050-B
Harco National Insurance Company
(Corporate Seal) Surety
By~
Yvonne Ron gttoto-Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title _A_t_to_rn_e~y_-i_n-_F_ac_t ________ _ The rate of premium on this bond is $12.44 per thousand. The total amount of premium charges, $_9 ..... ,3_2_8_.o_o __________ _
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Harco National Insurance Company 2999 Oak Rd., #820
Walnut Creek, CA 94597
Vivian Imperial (Name and Address of Agent or
Representative for service of
process in California, if different
from above)
818 West Seventh, Suite 930, Los Angeles, CA 90017
Surety: (925) 256-8760
(Telephone number of Surety and Agent for Service: (213) 627-8252 Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Santa Clara )
On 05/03/2021 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Robert Asuncion
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity0es), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

SANDRA VANESSA HERNANDEZ
Notary Public • California z
Santa Clara County ~
Commission# 2350852 -
y Comm. Expires Mar 10, 2025
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my and official seal.

Signature o
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fonn to an unintended document.

Description of Attached Document
Title or Type of Document: _________________________ _
Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer - Title(s): ______ _ D Corporate Officer - Title(s): ______ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: _____________ _ □ Other: _____________ _
Signer Is Representing: _________ _ Signer Is Representing: ________ _ ,'l(,'<X,'<-X;.U,.t(,."U(,,."'C(,'<X;,'(3(,'<..l(,'(X.~,g_,~"{;<;.~<t;X,u;.,~~™--Q(;C(,.'U(,'@;,ti,;,'!,&'Q(,-w~~i.X,"'QCQ(,,c<;.'I ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of ___ C_o_n_t_ra_C_o_st_a _______ .

On before me, ______ C_h_ri_s_tin_a_B_u_rt_o_n .... , N_o_ta_ry.__P_u_b_lic ____ ___, Date Here Insert Nome and Title of the Officer
personally appeared Yvonne Roncagliolo ------------------------------------------------------------------------------ Nome(s) of Signer(s)
----------------------------------------------------------------------------------------------------------------------- who proved to me on the basis of satisfactory evidence to be the person(.81 whose name~ is/afe subscribed to the within instrument and acknowledged to me that he/she/tR,Qy executed the same in h-is/herltheif authorized capacity~. and that by ttts/her/#tetr signature(aron the instrument the personW, or the entity upon behalf of which the pers~m(a) acted, executed the instrument.

Place Notary Seo/ and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature __ c_ __ ~----· _______ _
Signature of Notary Public

OPTIONAL
Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _____________ _ ____________ _ Document Date: ____________________ Number of Pages: ___ _ Sigher(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Yvonne Roncagliolo
□ Corporate Officer - Title(s): ______ _
o Partner - o Limited D General
o Individual .llO Attorney in Fact
o Trustee □ Guardian or Conservator
D Other:

Signer Is Representing: ________ _
Sign ' Name: ___________ _
o Corpora fficer - Title(s): ______ _
□ Partner - □ · ed □ General
□ Individual
□ Trustee
□ Other:

Signer is Representing: ------- ~:--
~~~~-IOOl~~-•~••rasJ.D••••r86•~•••~~~~~oo
©2018 National Notary Association

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond # 0798224
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey , and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
VALERIE GARCIA, CHRISTINA BURTON, ALICIA DASS, PETER TAM, KELLY HOLTEMANN, THOMAS E. HUGHES, CHARLES R. SHOEMAKER, MARK M. MUNEKAWA, NERISSA S. BARTOLOME, JOAN DELUCA, SARA RIDGE, PATRICK R. DIEBEL, YVONNE RONCAGLIOLO San Francisco, CA
their true and lawful attorney(s)-ln-fact to execute , seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of Indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute , rule, regulation , contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney is executed , and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President , or Secretary of the Corporation shall have the power to appoint , and to revoke the appointments of, Attorneys-In-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings , recognizances , contracts of Indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance , contract of Indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2019

ST ATE OF NEW JERSEY
County of Essex
Kenneth Chapman

STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December , 2019 , before me came the Individual who executed the preceding Instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies .

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written .

CERTIFICATION
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNA llONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit , and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF , I have hereunto set my hand on this day, April 28, 2021 A00467
Irene Martins, Assistant Secretary
Executed in Duplicate

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
Bond No. 0798224
Premium: Included in Performance Bond
Contract Number: 10050-B
WHEREAS, the Forty Niners Stadium Management Company LLC (hereinafter designated as the "Stadium Man~~er"), by action taken or a resolution passed May 5 , 201.L_has awarded to '§~f~tf:c!~~~\i°c.1 hereinafter designated as the "Principal," a contract for the work described as follows:
_L_ev_i_'s_s_ta_d_iu_m_o_n_-c_a_n_E_le_c_tr_ic_a_l _M_ai_n_te_n_a_nc_e_a_n_d_R_e_p_a_ir_c_o_nt_r_ac_t __ (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated May 5, 2021 ("Contract Documents"), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and Harco National Insurance Company as Surety, are held and firmly bound unto the Stadium Manager in the penal sum of Seven Hundred Fifty Thousand and 0011 o, _______ Dollars ($750,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, Vi.'.ithheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or

Bond No. 0798224
Contract Number: 10050-B
attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or Stadium Manager and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of Sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of April , 20 21,
(Corporate Seal)
(Corporate Seal)
By __________________ _
~~ ~UN.LlON
Title \(\tt ~\be r{I:

Harco National Insurance Company
Surety
By ~
Yvonne Roncag7oio.Attomey-in-Fact
Title Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Santa Clara
On 05/03/2021 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Robert Asuncion
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

SANDRA VANESSA HERNANDEZ
Notary Public • California z
Santa Clara County ~
Commission I 2350852
y Comm. Expires Mar 10, 2025
Place Notary Sea/ Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.

WITNESS my h<>ndl...<>n
---------------OPTIONAL---------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
lltle or Type of Document: ___________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer - Trtle(s): ______ _ D Corporate Officer - Title(s): ______ _ □ Partner - □ Limited D General D Partner - D Limited □ General D Individual D Attorney in Fact D Individual D Attorney in Fact □ Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ____________ _ D Other. _____________ _
Signer Is Representing: _________ _ Signer Is Representing: ________ _ ,X)g;,'C,(;Q(,"W-~'ll<:.'C(;;C(.."'@.;g.;.'§(,~~~~·<?,C,~'g;.,p<;<XX:X.<m~W%-<X.'@i..SQ41X.®'@>! ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOT ARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
86ll~IOOll[l181(lllf.lOOl8D{llOIO:flOl~t 000ff.f)lf}IIJl8Dl~IBOIIJ8tJIIOIJOOlf~IOOl31/000IJ~K6cOIOO(~~ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California }
County of ___ C_o_n_t_ra_ C_o_s_ta ______ _
before me, _ _ ____ C_h_ri_s_tin_a_ B_u_rt_o_n-, _N_o_ta_ry_ P_u_b_li_c ____ _, Date Here Insert Name and Title of the Officer
Yvonne Roncagliolo --------------------------------------------------------­personally appeared ------------------------------- Name(s) of Signer(s)
--------------------------------------------------------------------------------------------------------------.. -· who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/afe subscribed to the within instrument and acknowledged to me that he/she/~ executed the same in hfs/her/thetf authorized capacity{iesj, and that by hts/her/#teir signature~on the instrument the person(8r, or the entity upon behalf of which the pers~m~ acted, executed the instrument.

Place Notary Seal and/or Stamp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

C6-tivf2--signature _ __________ _ _ _ _ _
Signature of Notary Public

OPTIONAL
Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: _________________________ _ _ Document Date: ____________________ Numberof Pages: ___ _ Sigher(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: Yvonne Roncagliolo
□ Corporate Officer - Title(s): ______ _
□ Partner - D Limited D General
□ Individual igi Attorney in Fact
□ Trustee o Guardian or Conservator
□ Other:

Signer Is Representing: ________ _
Sign ' Name: ____ _____ _ _ _
o Corpora fficer - Title(s): _ _____ _
o Partner - □ · ed □ General
□ Individual
□ Trustee
D Other:

Signer is Represent ing: - - ------' ""'-.:::-
~-~~rl8l9~-~-~-----rl'I00:!0600~[¥.0.: ~.1CO:{t.U$Ollll:0000,,3900$!.~ ©2018 National Notary Association

POWER OF ATTORNEY

HARCO NATIONAL INSURANCE COMPANY

INTERNATIONAL FIDELITY INSURANCE COMPANY
Bond # 0798224
Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint
VALERIE GARCIA, CHRISTINA BURTON, ALICIA DASS, PETER TAM, KELLY HOL TEMANN, THOMAS E. HUGHES, CHARLES R. SHOEMAKER, MARK M. MUNEKAWA, NERISSA S. BARTOLOME, JOAN DELUCA, SARA RIDGE, PATRICK R. DIEBEL, YVONNE RONCAGLIOLO San Francisco, CA
their true and lawful attorney(s)-ln-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory In the nature thereof , which are or may be allowed, required or permitted by law, statute, rule, regulation , contract or otherwise, and the execution of such lnstrument(s) in pursuance of these presents , shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices.

This Power of Attorney Is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer , President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-In-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2019

STATE OF NEW JERSEY
County of Essex
Kenneth Chapman

STATE OF ILLINOIS
County of Cook
Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company
On this 31st day of December , 2019 , before me came the Individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.

IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark , New Jersey the day and year first above written.

CERTIFICATION
Shirelle A. Outley a Notary Public of New Jersey
My Commission Expires April 4, 2023
I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, April 28, 2021 A00467
Irene Martins, Assistant Secretary
Contract Number: 10050-B
EXHIBIT "G"

RATE SCHEDULE
Billable Labor Rates Straight Daily Saturday Sunday &
Time/Weekday Holiday
A Journey Level:
1 COMM & System Installer $120.00 $148.00 $148.00 $176.00 2 COMM & System Tech $128.00 $161.00 $160.00 $195.00
3 Inside Wireman , Technician $182.00 $230.00 $230.00 $275.00 4 Cable Splicer $195.00 $250.00 $250.00 $305.00
5 Material Handler $101.00 $125 .00 $125.00 $145.00
6 Material Handler - Fourth Six Months $94.00 $115.00 $115.00 $135.00 7 Material Handler - Third Six Months $90.00 $107.00 $107.00 $125.00 8 Material Handler - Second Six Months $85.00 $100.00 $100.00 $115.00 9 Material Handler- First Six Months $63.00 $77.00 $77.00 $91.00 B Apprentice Level:
1 Electrician, Inside Wireman - 5th period $136.00 $197.00 $197.00 $197.00 2 Electrician, Inside Wireman - 6th period $142.00 $207.00 $207.00 $207.00 3 Electrician, Inside Wireman - 7th period $148.00 $218.00 $218.00 $218.00 4 Electrician, Inside Wireman - 8 th period $155.00 $229.00 $229.00 $229.00 5 Electrician, Inside Wireman - 9th period $160.00 $240.00 $240.00 $240.00 6 Electrician, Inside Wireman - 10th period $167.00 $250.00 $250.00 $250.00 C Materials & Consumables Mark-Up from Actual Cost to Contractor is 10% D Equipment Rentals Mark-Up from Actual Cost to Contractor is 10%

Contract Number: 10050-B

1. Materials and Consumables·
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are "minor" materials actually "consumed" during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor's "cost" (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc. b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Proposer paid for said materials.
c. If Stadium Manager issues an "emergency" task order, then this requirement may be waived if Stadium Manager so authorizes .

2. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor's actual invoice cost for that equipment, plus an agreed upon mark-up percentage. b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor's overall Overhead and Profit mark-up, which is a component of the Contractor's billable hourly rates described above.

3. Permit Fees
a. All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.

Contract Number: 10050-B
EXHIBIT "H"

SAMPLE TASK ORDER FORM
FORTY NINER$ STADIUM MANAGEMENT COMPANY LLC

TASK ORDER
Task Order No. --~
Contract: Levi's Stadium On-Call Electrical Maintenance and Repair Services Contractor: BEAR ELECTRICAL SOLUTIONS, INC.

The Contractor is hereby authorized to perform the following work subject to the provisions of the Contract identified above:

List any attachments: llNSERT ATTACHMENTS, IF ANY]
Dollar Amount of Task Order: Not to exceed$ .00 -~~-
Liquidated Damages for this Task Order: $:XXX per day.

Completion Date: 20 ----~
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all work specified above in accordance with the Contract identified above and will accept as full payment therefore the amount shown above.

FORTY NINERS STADIDM

MANAGEMENTCOMPANYLLC
Dated: _________ _
By: -----------

BEAR ELECTRICAL SOLUTIONS,
INC.

Dated: ----------
By: -----------

ATTACHMENT G

LABOR COMPLIANCE ADDENDUM
Contract Title: Levi's Stadium On-Call Electrical Maintenance and Repair Services CONTRACTOR (Supplier) ~"1. E.\_a.,-W.IC.~ SoLUTI t> IIJ S , INC..

Name and Address \'). S2 ~ $-t"" P, D. Bo~ C\ c:2-~
Alvtso C,,.-1\ q S"ba'l
This Contract 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. 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 Stadium Manager, 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

Attachment G
Labor Compliance Addendum
with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the Stadium Manager or its designee including , but not limited to: certified payroll, fringe benefit 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 Stadium Manager, 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 Reiations 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 Stadium Manager for any fines assessed by the California Department of Industrial Relations against the Stadium Manager 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 Contract to verify compliance with this Addendum shall be made available for audit at no cost to Stadium Manager , at any time during regular business hours, upon written request. Copies of such records or documents shall be provided to Stadium Manager for audit at Levi's Stadium when it is 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 Contract.

C. Enforcement

Attachment G
Labor Compliance Addendum

1. Stadium Manager 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., Stadium Manager may continue to hold sufficient funds to cover estimated wages and penalties under the Contract.

2. The Stadium Manager 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 Stadium Manager can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the Stadium Manager 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 Contract or a waiver of the right to withhold payment for any subsequent breach of this Contract.

Stadium Manager, the Santa Clara Stadium Authority, 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.

Stadium Manager
Name: Jim Mercurio
Title: EVP, Stadium Operations and General Manager
[email protected]
Contractor (Supplier)
Name:~ee(l., ~\JI'((.,,\()~
Title: ~ \(x° ~ \ .::fN\
Email:~~@ BeAYL,t-\E~\CAl · U
\, ~ Date: 5~ v A Signature:

Attachment G
Labor Compliance Addendum
83666.00002\34306245.1

AMENDMENT NO. 1

TO THE LEVI’S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC

AND

BEAR ELECTRICAL SOLUTION, INC.

1. Parties and Date.

This Amendment No. 1 to the Levi’s Stadium On -Call Electrical Maintenance and Repair Contract is made and entered into as of this Eighth day of September, 2021, by and between the Forty Niners Stadium Management Company, LLC (“Stadium Manager”) and Bear Electrical Solutions, Inc., a California corporation with its principal p lace of business at 1341 Archer Street, Alviso, CA 95002 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Contractor. The Stadium Manager and C ontractor have entered into an agreement entitled “Levi’s Stadium On-Call Electrical Maintenance and Repair Contract” (“Agreement”) for the purpose of retaining the services of Contractor to provide on-call stadium electrical maintenance and repair work.

2.2 Amendment Purpose. The Stadium Mana ger and Contractor desire to amend the Agreement to increase the not-to-exceed compensation amount.

2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.7.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.7.1 of the Agreement is hereby amended in its entirety to read as follows:

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G” attached hereto and incorporated he rein by reference. The maximum compensation for Work to be provided pursuant ,7190436Ā-6:25782Ā/,(Ā!!'% #!!Ȁ#%#%Ȁ#.$ Ȁ)')%Ȁ ,!",.$,*&+' 83666.00002\34306245.1

to each Task Order shall be set forth in the relevan t Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contract, in the aggregate, shall not exceed Five Hundred Thousand Dollars ($500,000) for the first year of the Cont ract term and Two Hundred Fifty Thousand Dollars ($250,000) for each subsequent contract year without written approval of the Stadium Manager. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Contract.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1.

3.3 Adequate Consideration. The Parties here to irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

3.4 Severability. If any portion of this Am endment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]

,7190436Ā-6:25782Ā/,(Ā!!'% #!!Ȁ#%#%Ȁ#.$ Ȁ)')%Ȁ ,!",.$,*&+' 83666.00002\34306245.1

SIGNATURE PAGE FOR AMENDMENT NO. 1 TO LEVI’S STADIUM ON-CALL

ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC AND BEAR ELECTRICAL SOLUTION, INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY, LLC

Approved By:

Jim Mercurio
Executive Vice President & General
Manager

Date

BEAR ELECTRICAL SOLUTION, INC.

Signature

Name

Title

Date

,7190436Ā-6:25782Ā/,(Ā!!'% #!!Ȁ#%#%Ȁ#.$ Ȁ)')%Ȁ ,!",.$,*&+'












G:·~~
19EB5D2B69D54BB ...
~:;;-a~~
5DA4558DC559480 ...
83666.00002\34306245.1

AMENDMENT NO. 2

TO THE LEVI’S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC

AND

BEAR ELECTRICAL SOLUTION, INC.

1. Parties and Date.

This Amendment No. 2 to the Levi’s Stadium On -Call Electrical Maintenance and Repair Contract is made and entered into as of this 28th day of May, 2022, by and between the Forty Niners Stadium Management Company, LLC (“Stadium Manager”) and Bear Electrical Solutions, Inc., a California corporation with its principal place of business at 1341 Archer Street, Alviso, CA 95002 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Contractor. The Stadium Manager and C ontractor have entered into an agreement entitled “Levi’s Stadium On-Call Electrical Maintenance and Repair Contract” (“Agreement”) for the purpose of retaining the services of Contractor to provide on-call stadium electrical maintenance and repair work.

2.2 Amendment Purpose. The Stadium Mana ger and Contractor desire to amend the Agreement to increase the not-to-exceed compensation amount.

2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to Section 3.7.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.7.1 of the Agreement is hereby amended in its entirety to read as follows:

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G” attached hereto and incorporated he rein by reference. The maximum compensation for Work to be provided pursuant -82:1547Ā.7;36893Ā0-)Ā*' %./.Ȁ. &Ȁ$%#(Ȁ(.-!Ȁ#-*&"#,!%&+& 83666.00002\34306245.1

to each Task Order shall be set forth in the relevan t Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contract, in the aggregate, shall not exceed Five Hundred Thousand Dollars ($500,000) for the first year of the C ontract term, Six Hundred Seventy Thousand Dollars ($670,000) for the second year of the Contract term, and Two Hundred Fifty Thousand Dollars ($250,000) for each subsequent contract year without written approval of the Stadium Manager. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the appli cable fiscal year that includes the amounts due under this Contract.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1 and this Amendment No. 2.

3.3 Adequate Consideration. The Parties here to irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

3.4 Severability. If any portion of this Am endment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

[Signatures on Next Page]

-82:1547Ā.7;36893Ā0-)Ā*' %./.Ȁ. &Ȁ$%#(Ȁ(.-!Ȁ#-*&"#,!%&+& 83666.00002\34306245.1

SIGNATURE PAGE FOR AMENDMENT NO. 2 TO LEVI’S STADIUM ON-CALL

ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC AND BEAR ELECTRICAL SOLUTION, INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY, LLC

Jim Mercurio
Executive Vice President &
General Manager

Date

BEAR ELECTRICAL SOLUTION, INC.

Andrew Bader
Chief Financial Officer

Date

-82:1547Ā.7;36893Ā0-)Ā*' %./.Ȁ. &Ȁ$%#(Ȁ(.-!Ȁ#-*&"#,!%&+& 





1 oocuSigned by:
-L~~

AMENDMENT NO. 3
TO THE LEVI’S STADIUM ON-CALL ELECTRICAL MAINTENANCE AND REPAIR

CONTRACT

BETWEEN

THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC
AND
BEAR ELECTRICAL SOLUTIONS, INC.

1. Parties and Date.

This Amendment No. 3 to the Levi’s Stadium On -Call Electrical Maintenance and Repair Contract is made and entered into as of this 5th day of May, 2024, by and between the Forty Niners Stadium Management Company, LLC (“Stadium Manager”) and Bear Electrical Solutions, Inc. , a California corporation with its principal place of business at 1341 Archer Street, Alviso, CA 95002 (“Contractor”). Stadium Manager and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Contractor . T he Stadium Manager and Contractor have entered into an agreement entitled “Levi’s Stadium On-Call Electrical Maintenance and Repair Contract” (“Agreement”) for the purpose of retaining the services of Contractor to provide on-call stadium electrical maintenance and repair work.

2.2 Amendment Purpose. T he Stadium Manager and Contractor desire to amend the Agreement to extend the term and increase the not-to-exceed compensation amount.

2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Sections 3.3 and 3.7.1 of the Agreement.

3. Terms.

3.1 Amendment . Section 3.3 of the Agreement is hereby amended in its entirety to read as follows:

3.3 Period of Performance and Liquidated Damages. The term of this Contract shall commence on the date first set forth above and expire on May 4, 2025, unless earlier terminated as provided herein. Contractor shall complete the Work within the term of this Contract, and shall meet any other established schedules and deadlines set forth in the Task Order(s). All applicable indemnification provisions of this Contract shall remain in effect following the termination of this Contract. The Parties may, by mutual, written consent, further extend the term of this Contract for one (1) additional one (1) year period. Pursuant to Government Code Section 53069.85, Contractor shall pay to the Stadium Manager as fixed and liquidated damages a fixed dollar amount per day for each an d every calendar day of delay beyond any completion schedule, repair

schedule or Project milestones established pursuant to the Contract and any Task Order(s). The daily liquidated damages amount will be determined for each separate Task Order and will be set forth in that Task Order.

3.2 Amendment. Section 3.7.1 of the Agreement is hereby amended in its entirety to read as follows:

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, Contractor shall receive compensation, including authorized reimbursements, for all Work rendered under this Contract at the rates set forth in Exhibit “G -1” attached hereto and incorporated herein by reference. The maximum compensation for Work to be provided pursuant to each Task Order shall be set forth in the relevant Task Order. The total compensation to be provided under this Contract by Stadium Manager to Contractor, in the aggregate, shall not exceed Five Hundred Thousand Dollars ($500,000) for the first year of the Contract term, Six Hundred Seventy Thousand Dollars ($670,000) for the second year of the Contract term, Two Hundred Fifty Thousand Dollars ($250,000) for the third year of the Contract term, and Three Hundred Fifty Thousand Dollars ($350,000) for the fourth year of the Contract term, without written approval of the Stadium Manager. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this Contract.

3.3 Amendment. Exhibit “G” is hereby deleted in its entirety and replaced with Exhibit “G-1”, a copy of which is attached hereto and incorporated herein by this reference.

3.4 Continuing Effect of Agreement . Except as amended by this Amendment No. 3, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by Amendment No. 1, Amendment No. 2, and this Amendment No. 3.

3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 3.

3.6 Severability. If any portion of this Amendment No. 3 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[Signatures on Next Page]

SIGNATURE PAGE FOR AMENDMENT NO. 3 TO LEVI’S STADIUM ON-CALL

ELECTRICAL MAINTENANCE AND REPAIR CONTRACT

BETWEEN THE FORTY NINERS STADIUM MANAGEMENT COMPANY, LLC AND BEAR ELECTRICAL SOLUTIONS, INC.

FORTY NINERS STADIUM

MANAGEMENT COMPANY, LLC

Peter Wilhelm
Chief Financial Officer

Date

BEAR ELECTRICAL SOLUTIONS,
INC.

Andrew Bader
Chief Financial Officer

Date

EXHIBIT “G-1”

RATE SCHEDULE FOR PERIOD 5/5/2024 THROUGH 5/4/2025

Billable Labor Rates Straight
Time/Week
day
Daily Saturda
y
Sunday &
Holiday
A Journey Level:
1 COMM & System Installer
$123.84
$152.7
4 $152.74 $181.63
2 COMM & System Tech
$132.10
$166.1
5 $165.12 $201.24
3 Inside Wireman, Technician
$187.82
$237.3
6 $237.36 $283.80
4 Cable Splicer
$201.24
$258.0
0 $258.00 $314.76
5 Material Handler
$104.23
$129.0
0 $129.00 $149.64
6 Material Handler – Fourth Six
Months $97.01
$118.6
8 $118.68 $139.32
7 Material Handler – Third Six Months
$92.88
$110.4
2 $110.42 $129.00
8 Material Handler – Second Six
Months $87.72
$103.2
0 $103.20 $118.68
9 Material Handler – First Six Months $65.02 $79.46 $79.46 $93.91 B Apprentice Level:
1 Electrician, Inside Wireman – 5th
period $140.35
$203.3
0 $203.30 $203.30
2 Electrician, Inside Wireman – 6th
period $146.54
$213.6
2 $213.62 $213.62
3 Electrician, Inside Wireman – 7th
period $152.74
$224.9
8 $224.98 $224.98
4 Electrician, Inside Wireman – 8th
period $159.96
$236.3
3 $236.33 $236.33
5 Electrician, Inside Wireman – 9th
period $165.12
$247.6
8 $247.68 $247.68
6 Electrician, Inside Wireman – 10th
period $172.34
$258.0
0 $258.00 $258.00

C Materials & Consumables Mark-Up from Actual Cost to Contractor is 10% D Equipment Rentals Mark-Up from Actual Cost to Contractor is 10%

1. Materials and Consumables
a. Materials (which include replacement parts, new components such as panel boards, transformers, etc., but does NOT include the cost of small tools) and consumables, which are “minor” materials actually “consumed” during the course of work (such as caulking, solder, tape, etc.) shall be provided to the Stadium Manager at the Contractor’s “cost” (meaning what the Contractor paid the supplier) plus an agreed upon mark-up percentage, which would include handling, storage, etc.
b. When the Contractor is invoicing for specific task orders, and that invoice includes materials costs, Stadium Manager, at its discretion, may require invoices documenting what the Proposer paid for said materials.
c. If Stadium Manager issues an “emergency” task order, then this requirement may be waived if Stadium Manager so authorizes.

2. Equipment Rental
a. If the Contractor must rent equipment in order to accomplish a Task Order, the price of that equipment to Stadium Manager shall be the Contractor’s actual invoice cost for that equipment, plus an agreed upon mark-up percentage.
b. If the Contractor owns equipment, then reimbursement for use of that equipment is to be covered in the Contractor’s overall Overhead and Profit mark-up, which is a component of the Contractor’s billable hourly rates described above.

3. Permit Fees
a. All permit fees shall be pass through charges billed to the Stadium Manager for actual documented costs charged without markup.

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1 Date: March 20, 2024

To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation to Amend Agreement with Bear Electrical Solutions, Inc. for On-Call Electrical Maintenance and Repair Services at Levi’s Stadium

Recommendation
Recommend approval to execute the third amendment to the agreement with Bear Electrical Solutions, Inc., for on-call electrical maintenance and repair services at Levi’s Stadium to extend the term of the agreement from May 4, 2024 to May 4, 2025 with an option to extend for one additional year. The amount of the amendment for the fourth contract year shall not exceed $350,000. Total compensation, in the aggregate, shall not exceed $1,770,000 over the four year period. The term for subsequent fiscal years shall be conditioned upon approval of the Stadium Authority budget for the applicable fiscal year that includes the amounts due under this agreement.

Reasons for Recommendation
Forty Niners Stadium Management Company LLC (Stadium Manager) provides management services for the Stadium on a continual, year around basis, including overseeing the day-to-day operations and maintenance of the Stadium. The Stadium is a 1.8 million square foot facility completed in 2014. It utilizes complex electrical components matching the size and age of the facility. Stadium Manager determined that having a list of qualified, experienced bench of contractors to provide electrical and repair services at the Stadium on an on-call, “as needed,” basis was necessary to provide the required management services. Therefore, it was determined that it would be in Stadium Manager’s best interest to solicit proposals from contractors capable of handling a wide range of electrical repairs and establish term contracts.

Pursuant to a formal solicitation process, on April 20, 2021, Stadium Manager recommended and received approval from the Santa Clara Stadium Authority (SCSA) Board to establish agreements with Bear Electrical Solutions, Inc., and Cupertino Electric, Inc., for on-call electrical maintenance and repair services at Levi’s Stadium for a three year period with an option to extend the agreement

STADIUM

FORTY NINERS STADIUM MANAGEMENT COMPANY
2 for two additional one year periods. The amount of each agreement was not to exceed $250,000 per contract year without prior approval from the SCSA. Total compensation, in the aggregate, was not to exceed $750,000 under each agreement. Stadium Manager executed an agreement with Bear Electrical Solutions, Inc. for a three-year period beginning May 5, 2021 through May 4, 2024 and executed an agreement with Cupertino Electric, Inc. for a three-year period beginning May 1, 2021 through April 30, 2024.

During the term of the agreement, Stadium Manager recommended and received approval from the SCSA Board to issue amendments to augment the compensation to Bear Electrical Solutions, Inc., to complete two SCSA Capital Expenditure projects. The total not to exceed amount of the agreement with Bear Electrical Solutions, Inc. was increased from $750,000 to $1,420,000 for the three year period. Similarly, the agreement with Cupertino Electric, Inc. was also amended to increase the maximum compensation from $750,000 to $1,264,000 to complete a SCSA Capital Expenditure project pursuant to approval from the SCSA Board.

Stadium Manager has a continued need for these services and contacted Bear Electrical Solutions, Inc. and Cupertino Electric, Inc. to exercise the option to extend the agreements for an additional year. Bear Electrical Solutions, Inc. provided a rate increase of 3.2 percent and provided justification for the increase in accordance with the CPI increase for this region. Cupertino Electric, Inc. recommended substantial rate increases ranging from 20 percent to 33 percent increase in hourly rates. Upon review, Stadium Manager determined that it would be in our best interest to exercise the option to extend the agreement with Bear Electrical Solutions, Inc. for an additional year with a not to exceed amount of $350,000 for the contract year. Stadium Manager will request the SCSA for approval to increase the maximum compensation during the contract year if warranted.

Stadium Manager intends to issue a formal solicitation in the coming months to contract with other qualified contractors to maintain a bench of qualified firms to support our needs.

Fiscal Impact
The cost for such service is covered in the FY24/25 SCSA Budget, Engineering Department budget, as a shared expense.

Next Steps
Once approved, Stadium Manager will forward a copy of the executed amendment to the SCSA.

Submitted By: Date:

Jenti Vandertuig, Procurement Director




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DocuSigned by:
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-73 Agenda Date: 4/9/2024

REPORT TO COUNCIL

SUBJECT
Study Session - Americans with Disabilities Act Self-Evaluation and Transition Plan

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

BACKGROUND
The Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990 prohibit discrimination by public entities on the basis of disability. Under Title II of the ADA, the City is required to evaluate its services, policies, and practices in order to identify any barriers, and to make necessary modifications to eliminate such barriers. For barrier removals requiring structural changes to facilities, the City is required to develop a transition plan setting forth the steps necessary to complete the modifications.

The City originally completed a Self-Evaluation and Transition Plan (Plan) in 1993 as required by ADA legislation. However, since completion of the plan, the ADA regulations and standards have been updated. The City has acquired and disposed of facilities, performed capital improvement projects, modified organizational structures, and developed and implemented different programs, services, and activities that are accessible to the public but that differ from the original Plan.

Therefore, the City is preparing a comprehensive update to the City’s ADA Self-Evaluation and Transition Plan to study and ensure City programs, services, activities, facilities, and public rights-of- way are accessible to the public under current ADA requirements.

Key Outcomes: Key outcomes of the Plan include a summary of recommended modifications to the City’s services, policies, and practices to ensure accessibility, and a summary of physical improvements recommended for the City’s facilities and public rights-of-way including costs, prioritization, and a schedule for implementation.

Project Activities and Progress to Date: The City and its consultant, Moore Iacofano Goltsman (MIG), completed several work efforts in preparing a draft Plan:
· Project Initiation
: Confirmed efforts to be completed under the Plan, including facilities to be evaluated.
· Public Involvement: Performed public outreach, including community meetings as well as presentations to the ADA Committee, Bicycle and Pedestrian Advisory Committee, and the Senior Advisory Commission.

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· Self-Evaluation: Reviewed current City policies, programs, and services · Physical Barrier Evaluations: Completed evaluations of Facilities and Public Rights-of-Way. · Prioritization and Approach: Completed prioritization and approach for removing physical barriers.
· Draft Plan and Public Review: Prepared a Public Review Draft of the Plan and solicited community feedback.

The Public Review Draft of the Plan was distributed for community review and comments (Attachment 1) and is available online at SantaClaraCA.gov/ADATransitionPlan <https://www.santaclaraca.gov/our-city/departments-g-z/public-works/projects/ada-self-evaluation- and-transition-plan-project>. Additionally, the City held a community outreach event on November 1, 2023 to present the Public Review Draft of the Plan and solicit questions and feedback from the public.

DISCUSSION
This Study Session will update the Council on efforts completed to date and obtain Council input regarding the draft Plan. Feedback received will be considered for incorporation into the Plan. The final Plan will be brought forward for Council’s consideration at a future meeting.

ENVIRONMENTAL REVIEW
This is a study session, and no action is being taken by the City Council that constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational policy making or administrative activity that will not result in direct or indirect changes in the environment. Projects to remove physical barriers that may occur as a result of the Plan are subject to future discretionary approvals and environmental review for such projects will be required in the future on a project-by- project basis as part of the approval processes for each project.

FISCAL IMPACT
Because this is a Study Session item, it does not have fiscal impacts beyond the staff and consultant time involved in preparing the Plan and this report. Estimated costs associated with implementation of the proposed Plan will be discussed during staff’s informational presentation.

COORDINATION
This item was coordinated with the City Attorney’s Office and the City Manager’s Office. The preparation of the Plan included involvement from all City departments.

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

RECOMMENDATION
Note and file Study Session Report and provide any feedback on the draft Americans with Disabilities Act Self-Evaluation and Transition Plan.

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

ATTACHMENTS

1. Draft ADA Self-Evaluation and Transition Plan
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ADA Self-Evaluation and Transition Plan
City of Santa Clara
DRAFT
FEBRUARY 2024

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Contents
City of Santa Clara, ADA Self-Evaluation and Transition Plan –– Draft Contents
Contents .................................................................................................................................. i Executive Summary ................................................................................................................ i ADA Coordination and Management ....................................................................................... i Involving People with Disabilities ...........................................................................................ii Accessibility of City Programs, Activities, and Services .........................................................ii Accessibility of City Facilities and Rights-of-Ways ............................................................... iii Moving Forward ...................................................................................................................... iii List of Acronyms.....................................................................................................................iv Acknowledgments ....................................................................................................................v 1 Introduction ................................................................................................................. 1-1

1.1 Legislative Mandate .................................................................................................. 1-1

1.2 Accessible Programs and Facilities ........................................................................... 1-2

1.3 Discrimination and Accessibility............................................................................... 1-3

1.4 ADA Self-Evaluation Process ................................................................................... 1-4

1.5 ADA Transition Plan Process .................................................................................... 1-4

1.6 Members of the Public Consulted During the Plan ................................................... 1-5 2 Self-Evaluation ............................................................................................................ 2-1 Levi’s Stadium ..................................................................................................................... 2-1

2.1 Programmatic Modifications ..................................................................................... 2-2

2.2 Staff Questionnaire and Policy Review Summary .................................................... 2-2 3 Transition Plan ............................................................................................................ 3-1

3.1 Schedule for Facility and Public Rights-of-Ways Improvements ............................. 3-1

3.2 Accessibility Standards.............................................................................................. 3-1

3.3 Facility Evaluations ................................................................................................... 3-2

3.4 Public Right-of-Way................................................................................................ 3-19 4 Barrier Removal Considerations for Plan Implementation ........................................ 4-1

4.1 Triggers for Barrier Removal .................................................................................... 4-1

4.2 Safe Harbor Provisions .............................................................................................. 4-5

4.3 Undue Burden ............................................................................................................ 4-7

4.4 Historic Buildings and Facilities ............................................................................... 4-7 Contents
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft 5 ADA Coordinator, Notice Policy, and Grievance Procedure ...................................... 5-1

5.1 ADA Coordinator Roles and Responsibilities ........................................................... 5-1

5.2 Notice Under the Americans with Disabilities Act ................................................... 5-1

5.3 ADA Grievance Procedure ........................................................................................ 5-4 6 Definitions .................................................................................................................... 6-1 7 Resources ..................................................................................................................... 7-1

7.1 Federal, State, and Local Laws, Standards, and Ordinances ..................................... 7-1

7.2 National and California Organizations Supporting People with Disabilities ............ 7-5

7.3 Local Resources for People with Disabilities ............................................................ 7-9

7.4 Guidance Documents and Articles – Creating Accessible Documents ................... 7-10

7.5 Guidance Documents and Articles—Web Design .................................................. 7-11

7.6 Training Resources .................................................................................................. 7-12 8 Attachments .................................................................................................................. 13 Attachment A City of Santa Clara Notice Under the Americans with Disabilities Act ........ 15 Attachment B City of Santa Clara ADA Complaint/Grievance Procedure........................... 19 Executive Summary
City of Santa Clara, ADA Self-Evaluation and Transition Plan –– Draft| i Executive Summary
The City of Santa Clara’s Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan (the Plan) supports the City in fulfilling the requirements set forth in Title II of the ADA. The ADA states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. The Plan will assist the City in identifying policy, program, and physical barriers to accessibility and guide the City in developing barrier removal solutions to facilitate the opportunity of access to all individuals.

ADA Coordination and Management
The ADA requires the City to designate at least one employee responsible for overseeing the Plan’s implementation, often referred to as the ADA Coordinator. The ADA Coordinator is responsible for coordinating and developing the City’s efforts to comply with ADA Title II, investigating any accessibility-related complaints, and monitoring and implementing the ADA Self-Evaluation and Transition Plan. The City is required to identify the employee or employees responsible for compliance and Plan implementation and make available the name, office address, and telephone number of the employee or employees designated. 1 The City has had an ADA Coordinator designation in place since the early 1990’s consistent with the requirements of the ADA. The designation of ADA Coordinator was assigned by the City Manager to the position of Director of Public Works who has historically served in the designation up to and through the preparation of this Plan2.

Under this Plan and moving forward, the City will continue to designate an ADA Coordinator responsible for coordinating efforts and carrying out responsibilities under the ADA as follows:

Name: ADA Coordinator
Office Address: 1500 Warburton Avenue
Santa Clara, California 95050
Telephone Number: (408) 615-3000
Email: [email protected]
Although the Director of Public Works currently serves as the ADA Coordinator, based upon the dynamic nature of City policies, practices, and procedures, the City will periodically review the assignment of the ADA Coordinator designation with respect to the various positions, duties, and departments within the City’s organization and the City Service and may implement any assignments or changes to assignments of the ADA Coordinator designation, or similar designations, to position(s) that the City deems beneficial towards effectively administering the 1 DOJ, Title II Regulations Subpart A § 35.107 Designation of responsible employee and adoption of grievance procedures
2 City of Santa Clara, City Council Agenda Report, “Public Hearing: ADA Public Services Self-Evaluation/Transition Plan.” September 29, 1992.

Executive Summary
ii | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft City’s duties under the ADA. The current contact information will be made available to the public any such time that there are changes to the assignment(s) of the ADA Coordinator designation or similar designations or if any other administrative modifications are implemented.

Involving People with Disabilities
As required by the ADA, the City of Santa Clara has involved people with disabilities by engaging the standing ADA Committee on March 14, 2019, at the start of the planning process and hosted a community outreach event on April 11, 2019, to solicit feedback for incorporation into the Plan. The ADA Committee was also provided an update on the status of the development of this Plan at a meeting in spring 2023. The City distributed a Public Review Draft Plan for public comments from October 11, 2023 through November 17, 2023 along with hosting a community outreach event on November 1, 2023. The draft Plan was also presented to the Senior Advisory Commission on November 27, 2023, the Bicycle and Pedestrian Advisory Committee on January 23, 2024, and the ADA Committee on February 15, 2024.

Accessibility of City Programs, Activities, and Services Title II of the ADA emphasizes the accessibility of programs, activities, and services. The Plan addresses these issues by providing recommendations based on a comprehensive review of current practices, policies, plans, guidelines, and public right-of-way construction standards.

This process included every department and program that provides services to the public.

Based on this review, recommendations were developed to remove programmatic and policy barriers and ensure the accessibility of City programs, activities, and services. The action steps listed below summarize the comprehensive set of recommendations the City can undertake to continue to work towards accessibility. The specific recommendations for each item are found in section 2. Self-Evaluation of this document:

Provide information about the accessibility of facilities where City programs, activities, and services are provided.

Provide information about requesting program modifications, alternative formats of materials, auxiliary aids, and accessible services.

Ensure that City events, programs, and services are accessible to people with disabilities.

This includes events, programs, and services offered directly by the City and offerings on behalf of the City by non-City organizations.

Post information about the ADA grievance procedure in City offices and department websites.

Increase outreach with people with disabilities and the organizations that serve them to increase participation and inclusion in City programs.

Ensure that staff training incorporates information about interacting with and assisting people with disabilities.

Ensure consistency across departments, divisions, and programs in implementing ADA program requests, tracking complaints and comments, and following grievance procedures.
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Executive Summary
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | iii Continue to develop an organizational culture that prioritizes and promotes accessibility across all City departments and functions.

Accessibility of City Facilities and Rights-of-Ways
When relocating programs, activities, and services to accessible locations or providing auxiliary aids and services is not feasible, the ADA requires the City to complete a transition plan describing the physical modifications to facilities that will support accessible programs, activities, and services. The City’s transition plan is the result of a detailed evaluation, using current accessibility standards, of all City buildings, parks, and right-of-way facilities where programs, activities, and services are available to the public. The City will accomplish barrier removal at its facilities through policy and procedure modifications to remove programmatic barriers or maintenance and construction projects to remove structural barriers.

Title II regulations state that if a transition plan will take more than one year to fully implement, it must contain interim steps to provide program accessibility. This Plan implements a strategy of removing barriers at facilities and the public right-of-way for the next 10 years, with a re- evaluation after 10 years to guide barrier removals in the subsequent years. This Plan also provides a framework for the continuous improvement of facilities for people with disabilities.

Moving Forward
The Plan provides a foundation for removing barriers to programs and facilities offered by the City. It provides recommendations for the removal of programmatic and facility barriers, establishes a timeline for mitigation of architectural barriers, and has consulted with people with disabilities in the planning process.
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Executive Summary
iv | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft List of Acronyms
The following acronyms are used throughout this document:

ABA – Architectural Barriers Act
ADA – Americans with Disabilities Act
ADAAG – Americans with Disabilities Act Accessibility Guidelines ASL – American Sign Language
CBC – California Building Standards Code, Title 24
CFR – Code of Federal Regulations
DOJ – Department of Justice
MEF – Maximum Extent Feasible
MUTCD – Manual on Uniform Traffic Control Devices
PROWAG – Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way Executive Summary
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | v Acknowledgments
The following individuals contributed to the preparation of this Plan:

City of Santa Clara
Public Works
Craig Mobeck, Director of Public Works
Falguni Amin, Principal Engineer – Design Division
Vincent Luchessi, Senior Civil Engineer – Design Division Jonathan Yee, Transportation Manager (Former)
Ken Winland, Building Maintenance Manager
Parks and Recreation
James Teixeira Director of Parks & Recreation
Dale Seale, Deputy Parks & Recreation Director
Kimberly Castro, Recreation Manager
City Attorney’s Office
Sujata Reuter, Assistant City Attorney
Library
Lee Hagen, Division Manager - Support Services
Fire
Jeremy Ray, Deputy Fire Chief
Police
Cuong Phan, Police Lieutenant
Tyson Shearer, Police Lieutenant
City Manager’s Office
Christine Jung, Assistant to the City Manager
Jennifer Acuna, Management Analyst
Dave Staub, Deputy Director Public Works •
Executive Summary
vi | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Community Development Department, Housing & Community Services Division Eric Calleja, Housing Development Officer (Former)
Water and Sewer Utilities Department
Shilpa Mehta, Assistant Director of Water and Sewer Utilities Human Resources
Jennifer Dauenhauer, Sr. Human Resources Technician
Silicon Valley Power
Damon Beck, Electric Division Manager - EH&S Compliance Consultant
www. migcom.com
HM
Introduction
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 1-1 1 Introduction
The ADA Self-Evaluation and Transition Plan (Plan) will support the City of Santa Clara in fulfilling the requirements set forth in Title II of the ADA. The ADA states that a public entity must reasonably modify its policies, practices, or procedures to avoid discrimination against people with disabilities. The Plan assists the City in identifying policy, program, and physical barriers to accessibility and guides the City in developing barrier removal solutions.

1.1 Legislative Mandate
The ADA is a comprehensive civil rights law that provides protection for persons with disabilities against discrimination in both employment and the provision of goods and services.

The ADA was passed by Congress on July 26, 1990, and states that its purpose is to provide a "clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities." Congress emphasized that the ADA seeks to dispel stereotypes and assumptions about disabilities and to ensure equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. Title II of the ADA covers programs, activities, and services of state and local governments. Under the requirements of the ADA,
No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. 3 The U.S. Department of Justice (DOJ) published revised regulations for Titles II and III of the ADA in the Federal Register on September 15, 2010. These regulations adopted enforceable updated accessibility standards called the 2010 ADA Standards for Accessible Design (2010 Standards). On March 15, 2012, compliance with the 2010 Standards was required for new construction and alterations under Titles II and III, and for using the 2010 Standards for program accessibility and barrier removal.

Further, Title II of the ADA provides that public entities must identify and evaluate all programs, activities, and services and review all policies, practices, and procedures that govern the administration of the entity's programs, activities, and services.4 Application of Regulations
The City, as a public entity that provides public programs and facilities, is subject to the ADA’s Title II Requirements for State and Local Government Programs and Services. All public agencies, regardless of size, are required to complete an ADA self-evaluation plan and provide public notice of the ADA’s provisions. Public agencies (such as Santa Clara) must complete a self-evaluation, and those entities that employ 50 or more persons are required to complete an 3 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 4 DOJ, Title II Regulations Subpart A § 35.105 Self-evaluation Introduction
1-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft ADA self-evaluation and transition plan, identify an employee or employees responsible for the implementation of the plan, often referred to as the ADA Coordinator, and develop and publish notice and grievance procedures to provide a fair and prompt resolution of accessibility complaints as part of its plan5.

1.2 Accessible Programs and Facilities
As a Title II agency, the City is responsible for the provision of accessible programs and facilities that are available without discrimination toward people with disabilities. A fundamental tenet of Title II of the ADA is “the principle that individuals with disabilities must be provided an equally effective opportunity to participate in or benefit from a public entity's aids, benefits, and services.”6
This principle, here referred to as program accessibility, is described in 28 CFR § 35.149-35.150 and summarized on ADA Title II Technical Assistance Manual II-5.1000 General.

A public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as program accessibility, applies to all existing facilities of a public entity. Public entities, however, are not necessarily required to make each of their existing facilities accessible.

Maintaining Accessible Facilities
In addition to providing programmatic access, the City is obligated to maintain all accessible facilities in working order. Exceptions are provided for temporary disruptions. The ADA contains the following language regarding the maintenance of accessible features:

Public entities must maintain in working order equipment and features of facilities that are required to provide ready access to individuals with disabilities. Isolated or temporary interruptions in access due to maintenance and repair of accessible features are not prohibited.

Where a public entity must provide an accessible route, the route must remain accessible and not blocked by obstacles such as furniture, filing cabinets, or potted plants. An isolated instance of placement of an object on an accessible route, however, would not be a violation, if the object is promptly removed. Similarly, accessible doors must be unlocked when the public entity is open for business.

Mechanical failures in equipment such as elevators or automatic doors will occur from time to time. The obligation to ensure that facilities are readily accessible to and usable by individuals with disabilities would be violated, if repairs are not made promptly or if improper or inadequate maintenance causes repeated and persistent failures.7 5 28 CFR § 35.107 - Designation of responsible employee and adoption of grievance procedures. 6 28 CFR § 35.130-35.135. ADA Title II Technical Assistance Manual II-3.3000 Equality in participation/ benefits 7 ADA Title II Technical Assistance Manual II-3.10000
Introduction
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 1-3 The California Building Code (CBC) contains the following language regarding the maintenance of accessible features.

A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and useable by persons with disabilities. Isolated or temporary interruptions in service or accessibility due to maintenance or repairs shall be permitted.8

1.3 Discrimination and Accessibility
The absence of discrimination involves both physical and program accessibility. Physical accessibility means that a facility is free of physical barriers that restrict people from receiving a program or service at that facility. Barriers include any obstacles that prevent or restrict the entrance to or use of a facility. Program accessibility means that individuals with disabilities are provided an equally effective opportunity to participate in or benefit from a public entity's programs and services. It includes physical accessibility, but also entails all the policies, practices, and procedures that permit people with disabilities to participate in programs and access important information.

Each City service, program, or activity, when viewed in its entirety, must be readily accessible to and usable by individuals with disabilities. Accessibility includes advertisement, eligibility, participation, testing or evaluation, physical access, provision of auxiliary aids and services, transportation, policies, and communication. Program accessibility may be achieved through either structural or non-structural methods.

The City of Santa Clara may achieve program accessibility through several methods:

Alteration of an existing facility;
Acquisition or redesign of equipment;
Assignment of aids to beneficiaries; and/or
Provision of services at alternate sites.

When choosing a method of providing program access, the City is required to prioritize the method that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities.
8 2019 California Access Compliance Advisory Reference Manual, Division of the State Architect, 11B-108 •
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Introduction
1-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft

1.4 ADA Self-Evaluation Process
Programs, activities, and services offered by the City to the public must be accessible to people with and without disabilities. Accessibility applies to all aspects of programs or services provided by the City. The ADA self-evaluation for programmatic access identifies and makes recommendations to correct policies and practices that are inconsistent with Title II regulations and result in limitations to access for people with disabilities. As part of the self-evaluation process, the City:

Identifies City programs, activities, and services;
Reviews the policies, practices, and procedures that govern the administration of the City’s programs, activities, and services;
Provides an opportunity for public comment;
Makes the report available to the public; and
Will correct any programs, activities, and services that are not consistent with the regulations.

In 2019, the City evaluated its policies, programs, and procedures to determine current levels of service and the extent to which its policies and programs created barriers to accessibility for people with disabilities. Recommended actions for City programs, activities, and services can be found in Section 2 of this Plan.

1.5 ADA Transition Plan Process
The ADA transition plan is a document that outlines a strategy for the City to progress toward compliance with the applicable accessibility standards. The transition plan identifies barriers for people with disabilities and a schedule to remove those barriers over time. The City’s transition plan must include:

A list of barriers in City facilities that limit the accessibility of programs, activities, or services to individuals with disabilities;
A detailed outline of feasible methods to remove these barriers and make the facilities accessible;
A schedule for taking the necessary steps to remove barriers to accessibility, The opportunity for the public to provide comment on the Plan; and The name of the individual responsible for the Plan’s implementation.

In 2019, the City conducted a physical audit of facilities and the public right-of-way to locate barriers to access and to identify recommendations and alterations to meet state and federal accessibility standards. The City’s Transition Plan can be found in Section 3 of this Plan. •
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Introduction
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 1-5

1.6 Members of the Public Consulted During the Plan
A public entity is required to accept comments from the public on its ADA self-evaluation and transition plan and is encouraged to consult with individuals with disabilities and organizations that represent them to assist in the process. Many individuals with disabilities have unique perspectives on a public entity's programs, activities, and services.

The City consulted the standing ADA Committee and held a community outreach event in the spring of 2019 to introduce the project and receive feedback on the development of the Plan.

The ADA Committee was also provided an update on the status of the development of this Plan at a meeting in spring 2023.

The City distributed a Public Review Draft Plan for public comments from October 11, 2023 through November 17, 2023 along with hosting a community outreach event on November 1, 2023. The draft Plan was also presented to the Senior Advisory Commission on November 27, 2023, the Bicycle and Pedestrian Advisory Committee on January 23, 2024, and the ADA Committee on February 15, 2024. The Plan will be presented to the City Council for acceptance of the Plan.

Introduction
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Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-1 2 Self-Evaluation
Under the ADA, all programs, activities, and services offered to the public by the City of Santa Clara must be accessible for people with and without disabilities. Accessibility applies to all aspects of a program or service. Under Title II, public entities are required to periodically evaluate their programs, activities, and services. The self-evaluation process identifies barriers and makes recommendations to correct policies and practices that are inconsistent with Title II regulations and result in limitations to access for people with disabilities.

The City of Santa Clara’s evaluation included four elements: a staff questionnaire, a review of City policies and programs, a review of the City’s standards details and specifications for construction in the public right-of-way, and physical audits of facilities and the public right-of- way to locate barriers to access. The self-evaluation process identified barriers and provided a mechanism for developing strategies and recommendations to improve policies and practices that are inconsistent with Title II regulations and result in limitations to access for people with disabilities. This section summarizes the outcomes of this effort.

Levi’s Stadium
In 2016, a class action lawsuit was filed against the City of Santa Clara, the Santa Clara Stadium Authority, and various 49ers entities (including the Management Company and the Stadium Company) alleging that the stadium, its parking lots, and the surrounding public rights-of-way contained accessibility defects. The case was settled in 2019. The settlement requires that the City of Santa Clara and the Santa Clara Stadium Authority remediate specific areas within the public right-of-way, while other remedial work at the stadium facility and parking lots falls outside the scope of the City’s obligations.

The evaluation conducted under this Plan does not include the stadium, stadium site, or its main or satellite parking lots. The physical audits of the public right-of-way completed under this Plan were performed independent from and without consideration of the litigation.

The alleged barriers to accessibility and their associated mitigations identified in the settlement agreement are incorporated by reference into this Plan insofar as they relate to being a program, service, or activity of the City of Santa Clara. Remediations performed or expected to be performed by the City of Santa Clara in the public right-of-way surrounding Levi’s Stadium are more thoroughly addressed in the settlement agreement.

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2-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft

2.1 Programmatic Modifications
The ADA Coordinator, or designee, will follow up with each department to review the recommendations contained in this section. In those situations where a policy, program, or procedure creates a barrier to accessibility that is unique to a department or a certain program, the ADA Coordinator, or designee, will coordinate with the department to address the removal of the barrier in the most reasonable and accommodating manner in accordance with applicable law.

2.2 Staff Questionnaire and Policy Review Summary
A program accessibility questionnaire was administered to City staff in 2019. The questionnaire highlighted areas where the City is effectively meeting the needs of people with disabilities while also identifying gaps in City practices. A complementary evaluation of the City’s services, policies, and practices was done during the same period. This review included the City Code, policies and administrative rules, public documents, forms, and applications, as well as a wide range of the City’s programmatic offerings.
9 The results of the analysis serve as a basis for implementation of specific improvements for providing access to City programs as required by the ADA. A draft self-evaluation summary report prepared during the development of this self-evaluation summarizes the results of the questionnaire and policy review and is incorporated into a self-evaluation excel workbook identifying the review of services, policies, and practices noting the existing conditions and barrier removal recommendations for providing access to City programs. The self-evaluation workbook is intended to be a working document for use by City to implement improvements and will be maintained by the ADA Coordinator, or designee, during implementation of this Plan.

The self-evaluation is organized into the following categories based on the requirements of Title II of the ADA, in the order they appeared in the questionnaire:

Customer Service Practices
Staff Training
Contracting, Licensing, or Other
Arrangements
Public Meetings
Program Participation
Transportation Services
Tours and Trips
Accessible, Adaptive Equipment
Used by the Public
9 As part of its ongoing accessibility efforts, the City is responsible for periodic self-evaluations to ensure continued compliance with the ADA, particularly as conditions change.

Printed Materials
Website Accessibility
Televised and Audiovisual
Information
Telecommunications
Emergency Planning
Notice, Grievance, and Complaint
Procedure
Facilities
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-3 Required actions are listed based on the ADA legislation for accessibility. Some actions are always required, such as posting a notice of nondiscrimination, while other actions are only required when requested, such as providing alternative formats like large print agendas. In many cases, the City has many alternatives in selecting methods for providing accessible programs, activities, and services. Potential strategies for implementation are also provided to help ensure requirements are met. Where applicable, links are provided to the DOJ www.ADA.gov online best practices tool kit.10
10 “The Tool Kit should be considered a helpful supplement to – not a replacement for – the regulations and technical assistance materials that provide more extensive discussions of ADA requirements. It also does not replace the professional advice or guidance that an architect or attorney knowledgeable in ADA requirements can provide.” For the full “Best Practices Tool Kit for State and Local Governments,” see https://www.ada.gov/pcatoolkit/toolkitmain.htm.

Self-Evaluation
2-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Customer Service Practices
In-person interaction with the public is one of the primary functions of many City departments.

To meet ADA standards for these interactions, staff should be aware of the formal and informal procedures for assisting people with disabilities, including appropriate responses to requests for program modifications and guidelines for accommodating service animals.11 Required Actions

1. Make appropriate modifications to regular practices to accommodate the needs of individuals with disabilities when providing customer service.12

2. Continue the policy of not charging an additional fee to people requesting a program modification due to their disability.12

3. Continue the policy of allowing service animals in City facilities. 13

4. Make reasonable modifications for people with disabilities who rely on a miniature horse that is individually trained to assist them.14
Implementation Strategies
Develop and disseminate best practice resources for staff to formalize the City’s approach to addressing accessibility concerns.

Ensure that staff members are aware of the City’s policy regarding service animals and are trained to appropriately implement this policy.

Develop a process for determining reasonable modifications as they are requested by people with disabilities. The process should address the following considerations:
o Ensure the public has easy access to information about how to make a request for modifications and understands who to contact.
o Ensure all staff can direct a person making a request to the appropriate staff member.
o Ensure requests can be accepted from someone on behalf of the person with a disability and are not required to be in writing.
o Ensure that requests and outcomes are tracked.
11 Only dogs are recognized as service animals under Title II of the ADA. In limited cases, miniature horses that are individually trained to perform tasks for people with disabilities may also qualify to provide services. Emotional support, therapy, comfort, or companion animals are not considered service animals under the ADA. 12 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 13 DOJ, Title II Regulations Subpart B § 35.136 Service animals 14 DOJ, Title II Regulations Subpart B § 35.136(i) Miniature horses •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-5 Staff Training
As a part of the City's on-going staff development and training, the incorporation of disabilities awareness, standards, and resources are encouraged for all staff interfacing with the public or who maintain the facilities used by the public.

Required Actions

1. Ensure that City staff is knowledgeable about obligations, policies, and procedures for providing accessible programs, activities, and services to the public.15

2. Ensure that City staff is knowledgeable about procedures for responding to requests for modifications.15

3. Ensure that City staff is knowledgeable about construction and maintenance of accessible facilities.16
Implementation Strategies
Provide all City staff with ongoing awareness and sensitivity training.

Develop a comprehensive disability access training program. Educate City staff about their responsibilities under the ADA. The City’s ADA Coordinator or department supervisors should be responsible for ensuring that staff members receive training. Staff members who have contact with the public should receive additional training about the process of providing modifications and assistive devices to make their programs, activities, and services accessible. Ensure that training also includes information about responding to a variety of disabilities and the availability of program-specific adaptations, assistive devices, and modifications.

Develop standard guidelines for training materials. These guidelines should include standard language that appropriately describe the City’s policy on inclusion and nondiscrimination. Staff members should receive training in using the guidelines effectively.

Offer training to staff members that have contact with the public and wish to learn basic ASL communication skills. Training should emphasize basic communication and should not be viewed as a substitute for utilizing qualified ASL interpreters when requested.

Train maintenance staff regarding accessibility compliance and building codes to maintain facilities in an accessible condition.
15 DOJ, Title II Regulations Subpart E § 35.160 General; Subpart B § 35.130 General prohibitions against discrimination 16 DOJ, Title II Regulations Subpart B § 35.133 Maintenance of accessible features •
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2-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Contracting, Licensing, or Other Arrangements
Many public agencies rely on the use of contractors, licensees, consultants, and other entities for the delivery of services. These entities are considered an extension of the City's services and are required to adhere to the same ADA regulations as the City.

Required Actions

1. Ensure that contractors, licensees, consultants, and other entities providing or delivering services for the City adhere to the same ADA regulations as the City.17

2. Ensure the City selects procurement contractors using criteria that does not discriminate on the basis of disability.17

3. Maintain City facilities to ensure events held by public and private organizations are accessible.18
Implementation Strategies
Ensure contractors, licensees, and other entities providing services to the public are aware of their obligation to make City programs and activities accessible. Provide checklists, resources, contractual language, or other means to help them understand and meet their obligations.

Monitor public programs and activities provided by contractors, licensees, and other entities to ensure continued accessibility. Provide staff with resources for conducting this review.

Inform organizations that coordinate or sponsor events at City facilities of applicable ADA requirements.
17 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 18 DOJ, Title II Regulations Subpart B § 35.133 Maintenance of accessible features •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-7 Public Meetings
Public meetings are a regular occurrence for public agencies. The main objective of any public meeting is to impart and solicit information on issues of importance to the agency. Where these meetings are held is an important consideration under the requirements of the ADA.

Required Actions

1. Ensure that public meetings are held in accessible facilities. 19

2. Provide agendas and other meeting materials in alternative formats upon request. 19

3. Provide flexibility in the time limit on speaking for individuals with communication difficulties.19

4. Ensure that assistive listening devices are available for public meetings where the sound at the meeting is amplified.20
Implementation Strategies
Ensure a consistent advanced notice requirement and communicate this to both staff and the public.

Display a notice on meeting agendas and/or web pages providing agendas and other meeting materials, indicating the availability of alternative formats of meeting materials and other elements of meeting participation.

Prepare a list of accessible meeting spaces to facilitate the scheduling of meetings or the relocation of meetings as needed upon request.

Move disability-related agenda items to the beginning of agendas when possible. Some people with disabilities are unable to stay late at meetings because they use transit, have fixed schedules, and/or rely on personal care attendants.

Maintain a list of on-call ASL interpreters who can attend meetings upon request to assist individuals who are deaf or have hearing loss.

Develop a checklist and provide instruction to staff on ensuring the accessibility of meetings. Guidelines should include examples of the types of modification requests that may be made by people with different types of disabilities, including assistive listening systems, sign language interpreters, readers, descriptive services, and other assistive technologies like real-time captioning. Other considerations include the layout of the room and locations of sign-in and refreshments tables, bathrooms, and other elements to ensure these features are accessible.

Assign a member of staff as a greeter at public meetings and events. Identify this person as a resource for people who may require assistance.
19 DOJ, Title II Regulations Subpart E § 35.160 General 20 DOJ, Title II Regulations Subpart E § 35.160 General; 2010 Standards 219.2 Required Systems •
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2-8 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Program Participation
The public must be able to access all programs, services, and activities, regardless of disability, unless a modification would result in a fundamental alteration to the nature of a program. service, or activity or impose undue financial and administrative burdens.21 Admission criteria, ability to complete forms, and participation in interviews must be available to all members of the public by providing reasonable accommodations.

Required Actions

1. Provide reasonable modifications to program participants with disabilities to include them in regular programs to the maximum extent possible. Do not require the use of different or separate aids, benefits, or services, even if they are as effective as those provided to other individuals.22

2. Modify standard policies, practices, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of the program, result in an undue financial or administrative burden, or create a hazardous situation for the participant or others.22

3. Ensure that when the City determines it is necessary to exclude or limit the participation of people with disabilities to ensure the safe operation of programs or services, it bases those determinations on real risks, not on speculation, stereotypes, or generalizations. 22 4. Ensure that when interviews are required for program participation, they are held in an accessible location and that alternative formats or auxiliary aids are provided upon request.23

5. Ensure that surcharges are not placed on people with disabilities to cover the costs of aids, modifications, or program accessibility.22

6. Provide accessible seating, including three companion seats when available at the time of purchase, at ticketed events at City facilities.24

7. Provide opportunities to purchase and resell tickets for accessible seating in the same manner and circumstances as non-accessible seating for events at City facilities.25

8. Provide information about the availability, features, and locations of accessible seating at ticketed events at City facilities.26

9. Ensure that accessible seating is not set at a higher price than other tickets in the same seating section for the same ticketed event or series of events at City facilities.27 21 DOJ, Title II Regulations Subpart E § 35.164 Duties
22 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 23 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination; Subpart E § 35.160 General 24 DOJ, Title II Regulations Subpart B § 35.138(d) Purchasing multiple tickets 25 DOJ, Title II Regulations Subpart B § 35.138 Ticketing 26 DOJ, Title II Regulations Subpart B § 35.138(b) Identification of available accessible seating 27 DOJ, Title II Regulations Subpart B § 35.138(c) Ticket prices Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-9 Implementation Strategies
Increase outreach to people with disabilities and the organizations that serve them to ensure program accessibility. The City should also inform the public of the possible modifications that can be provided to make programs, activities, and services accessible.

Include a nondiscrimination statement and notice of alternative formats on application or registration forms.

Periodically review program eligibility requirements to proactively ensure accessibility.

Develop strategies for modifications as appropriate.

Review requirements of City volunteer programs to ensure that people with disabilities are included to the maximum extent possible.

Review policies and practices for ticketed events at City venues with fixed seating.

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2-10 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Transportation Services
Many public agencies provide public transportation services. The public accommodation standards for these services are set forth by the Federal Transit Administration.28 Required Actions

1. Make reasonable modifications in policies, practices, or procedures for transportation programs when the modifications are necessary to avoid discrimination on the basis of disability or to provide program accessibility to services. 29 Implementation Strategies
Periodically review transportation programs to proactively ensure accessibility. Develop strategies for modifications as appropriate.

28 Title 49, Subtitle A, Part 38 - Americans with Disabilities Act Accessibility Specifications for Transportation Vehicles. See specifications for transportation vehicles at https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=2efb7bdb786c2e63145ea6e1cf788693&mc=true&r=PART&n=pt49.1.38 29 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination; Title 49, Subtitle A, §

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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-11 Tours and Trips
Many public agencies provide or facilitate tours and trips as part of their service. These tours and trips are subject to Title II regulations. The public agency is responsible for ensuring that the tour can be experienced by people with disabilities, by making modifications upon request.

Required Actions

1. Modify tours and trips upon request to enable people with disabilities to participate. 30 Implementation Strategies
Incorporate opportunities to request accessibility modifications in registration materials for tours or trips.

Provide information to participants in advance of a tour or trip regarding the destination, transportation method, and other characteristics of the activity so that informed requests for modifications can be made.

Evaluate the destination of tours or trips and the means of transportation to determine accessibility and any modifications that may be required. If a tour route or a portion of a route is inaccessible and modifications are requested, reroute the tour or provide program modifications that will allow the tour to be experienced (e.g., photographs, videos with closed captioning).
30 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination •
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2-12 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Accessible, Adaptive Equipment Used by the Public
Adaptive aids are devices, controls, appliances, or items that make it possible for persons with disabilities to improve their ability to function independently and participate in programs, services, and activities offered by the City.31 For example, a pen, note pad, and clip board provided to a person who is deaf, hard of hearing, or a person with a speech disability to write notes for brief communication or electronic equipment such as an accessible computer station are considered adaptive equipment.

Required Actions

1. Provide and maintain, in working order, accessible equipment for people with disabilities when equipment is provided to the public.32

2. Make reasonable modifications to avoid discrimination on the basis of disability unless the modifications would fundamentally alter the nature of the program, activity, or service.33

3. Provide appropriate auxiliary aids and services in a timely manner, giving primary consideration to the requests of individuals with disabilities.34 Implementation Strategies
Review equipment provided by the City for use by the public, such as computers, copy machines, telephones, etc. to identify potential barriers to accessibility and corresponding solutions.

Collaborate with community organizations that serve people with disabilities to develop and maintain a resource list of assistive technology and accessible equipment.

Establish and maintain a toolkit of adaptive aids and resources for staff who interact with the public. Include information about both onsite and contracted services.

Include accessibility as a criterion for purchasing equipment such as furniture, site furnishings, and office systems. Whenever possible, evaluate furniture and building material purchases for compatibility with a wide range of disabilities and sensitivities. 31 See https://www.ada.gov/pcatoolkit/chap1toolkit.htm. 32 DOJ, Title II Regulations Subpart B § 35.133 Maintenance of accessible features 33 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination 34 DOJ, Title II Regulations Subpart E § 35.160 General •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-13 Printed Materials
To meet the ADA’s communication standards, City departments must be able to provide information, when requested, in alternative formats such as using easy-to-understand language, braille, large-print format, audiotape or CD, computer media, or other formats as requested.35
Required Actions

1. Ensure alternative formats to printed and online information is made available upon request, addressing each request on an individual basis.36

2. Ensure assistance is provided upon request in filling out forms when alternative formats are unavailable or infeasible.37

3. Ensure that costs for alternative formats and modifications are not assigned to the person with a disability making the request.37
Implementation Strategies
Include a notice on public materials printed by the City, similar to the following:

This publication can be made available in alternative formats, such as large print, braille, or electronic format. Requests can be made by calling the ADA Coordinator at (408) 615- 3000, by email at [email protected], or at 1500 Warburton Avenue, Santa Clara, CA 95050. Please allow 72 hours for your request to be processed.

Train staff to provide printed and online information in alternative formats for people with various disabilities to ensure that requests are handled in a uniform and consistent manner. Incorporate strategies for materials with complex language or other elements such as charts, graphs, maps, and other images.

Develop and implement standard templates for producing accessible City materials that are consistent with City branding and style.

Include images of people with disabilities when images of people are included in City printed materials.
35 See https://archive.ada.gov/pcatoolkit/chap3toolkit.htm. 36 DOJ, Title II Regulations Subpart E § 35.160 General 37 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination •
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2-14 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Website Accessibility
As people turn to the internet as their primary source of information regarding programs, activities, services, and facilities, the City’s website at http://santaclaraca.gov/ takes on increasing importance as a communications tool. Providing public access to City publications online is an effective means of reaching persons with disabilities. 38 The federal accessibility
standards for electronic and information technology covered by Section 508 of the Rehabilitation Act Amendments of 1998 have set forth the technical and functional performance criteria necessary for such technology to be accessible.39 As of 2018 the technical requirements of Section 508 incorporate the Web Content Accessibility Guidelines (WCAG), including WCAG 2.0 A and AA. The WCAG guidelines are considered the best practice for web accessibility and provide the industry standards for accessible web content.40 Required Actions

1. Take appropriate steps to ensure that the City’s online communication with people with disabilities is as effective as other communications with the public.41

2. Ensure that people with disabilities are not excluded from participating in or benefitting from the City’s online programs, activities, or services.42 Implementation Strategies
Publish the Policy of Nondiscrimination, including on the Basis of Disability, on the City website.

Provide information on the City website about the accessibility of City facilities.

Conduct web accessibility analyses to periodically measure the accessibility of the City’s websites. Consider adopting standards that meet or exceed Section 508 of the Rehabilitation Act guidelines for the accessibility of electronic information.

Acquire the technological resources or staffing expertise to create accessible documents for posting on the City website.

Assign one department the authority to provide standards and oversight for outside vendors who create webpages and for departments who post their own documents.

This can support consistent and accessible web pages.
38 See https://www.ada.gov/websites2.htm and https://www.ada.gov/pcatoolkit/chap5toolkit.htm 39 Section 508 of the Rehabilitation Act requires that Federal agencies' electronic and information technology is accessible to people with disabilities, including employees and members of the public. Many state and local public agencies have adopted these standards as best practices. See Title 29, Chapter 16, § 794d Electronic and information technology.
40 https://www.w3.org/WAI/standards-guidelines/wcag/
41 DOJ, Title II Regulations Subpart E § 35.160 General 42 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-15 Televised and Audiovisual Information
Televised and audiovisual presentations are a means for disseminating public information.

These presentations, including PowerPoint presentations, must adhere to the City’s accessibility requirements. With more communication relying on the internet and rapidly evolving technology, it is important for the City to ensure its presentations maintain accessibility.43 Required Actions

1. Provide alternative formats upon request to audiovisual presentations produced by the City or its contractors or vendors.44

2. Ensure that televised and audiovisual communications with people with disabilities is as effective as televised and audiovisual communications with others.44 Implementation Strategies
Review City presentations, videos, and recordings of meetings to identify potential barriers to accessibility and corresponding solutions.45 Encourage presenters to read the slides and describe the graphic content when presenting PowerPoint or other visual presentations.

Include images of people with disabilities when images of people are included in City audiovisual materials.
43 See https://archive.ada.gov/pcatoolkit/chap3toolkit.htm 44 DOJ, Title II Regulations Subpart E § 35.160 General 45 Closed captioning is not required for all televised or audiovisual presentations, but it is a common way of making them accessible to people who are unable to hear the audio portion, and in some instances, it might be the only accessible format.
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2-16 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Telecommunications
Technological advances such as cell phones, texting, and instant messaging are changing the tools that many people use to communicate. However, provision of alternative communication technologies such as teletypewriters (TTY), telecommunication display devices (TDDs), or relay services (TRS) is still required under the ADA for communicating with the public.46 Required Actions

1. Ensure that staff is proficient in the use of alternative communication technologies such as TTY, TDDs, or TRS, or are able to direct the public to knowledgeable staff.47

2. Ensure that City publications that list phone numbers also include information on how people who are deaf or who have hearing loss or speech disorders can communicate with departments by phone.48

3. Ensure that telecommunications with people with disabilities are as effective as communications with others.47

4. Ensure that responses to calls from a telecommunications relay service are handled in the same manner as responses to other telephone calls.47
Implementation Strategies
Train staff on the use of alternative communication technologies.

Explore options for Video Remote Interpreting Services (VRI) for communicating with people who are deaf, have hearing loss, or speech disorders. There are many situations where a live interpreter is required, such as in medical situations, but VRI can be a convenient, flexible, lower-cost alternative to live interpreters. 46 See https://archive.ada.gov/pcatoolkit/chap3toolkit.htm 47 DOJ, Title II Regulations Subpart E § 35.161 Telecommunications 48 DOJ, Title II Regulations Subpart E § 35.161 Telecommunications; § 35.163 Information and signage •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-17 Emergency Planning
Life and safety protocols and procedures are required to include plans for people with disabilities. Issues that have the greatest impact on people with disabilities include:

Notification;
Evacuation;
Emergency transportation;
Access to medications, refrigeration, and back-up power; Access to their mobility devices or service animals while in transit; and Access to information.

In planning for emergency services, the City is required to develop strategies for notifying and assisting people with the widest range of disabilities. The City is responsible for ensuring that staff are aware of these procedures and are trained to implement them during an emergency.49 Required Actions

1. Include strategies for people with disabilities in various types of emergency situations when developing guidelines and a plan for emergency evacuations.50

2. Train staff to safely evacuate people with disabilities in various types of emergency situations when developing guidelines and a plan for emergency evacuations.50

3. Provide direct access to telephone emergency services, including 911 services, for people who use TDD’s and computer modems.51

4. Provide emergency sheltering programs that are accessible to people with disabilities. 52 Implementation Strategies
Incorporate the following elements into emergency planning:
o Address what to do when an alarm is triggered;
o Establish meeting places for assistance and evacuation chairs; o Provide direction on what to do if assistance is not available; and o Establish floor captains.

Test the City’s emergency plan and evacuation procedures with periodic drills, both announced and unannounced. Enlist people with different disabilities to role-play during emergency simulations.

Review existing procedures dealing with emergencies to ensure that people with disabilities can be alerted and that they can alert emergency service providers.

Work with disability organizations to explore the use of technologies such as audible exit signs for orientation and direction or vibrating paging systems. 49 See https://www.ada.gov/pcatoolkit/chap7emergencymgmt.htm 50 42 U.S.C. § 12132; see generally, DOJ, Title II Regulations Subpart B § 35.130, Subpart D § 35.149 51 DOJ, Title II Regulations Subpart E § 35.162 Telephone emergency services 52 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination; Subpart D § 35.149 Discrimination prohibited
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2-18 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Provide training for public safety personnel to enable them to communicate in basic ASL if there is an emergency situation. For example, this training would be provided to police, fire-rescue staff, and building inspectors involved in post-disaster emergencies.

Ensure that emergency teams are aware of people with disabilities in their communities who may require special assistance in an emergency.

Provide ASL interpreters at emergency facilities, on an as-needed basis. To accomplish this, form a pool of interpreters as a resource from which to draw upon.

Review suggestions for evacuation plans and procedures on the U.S. Access Board website at http://www.ada.gov/emergencyprepguide.htm. As applicable, review other resources such as the Procedures for Employees with Disabilities in Office Occupancies document published by FEMA and the U.S. Fire Administration.

Develop plans that consider the needs of people using mobility aids such as wheelchairs, walkers, canes, crutches, or other power-driven mobility devices, or those with limited stamina. Plans should also address those who use oxygen or respirators, those who are blind or have low vision, people who are deaf or have hearing loss, people who have a cognitive disability, people with mental illness, and those with other types of disabilities.

Incorporate assistance for people with disabilities into training for building evacuation procedures.
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-19 Notice, Grievance, and Complaint Procedure
Title II regulations require the City to inform the public of the name and contact information for the ADA coordinator, or designee, as well as of the rights and protections provided by the ADA for access to public programs, activities, and services. It is the obligation of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity’s responsibilities under the ADA. Publishing and publicizing the ADA notice is not a one-time requirement. State and local governments should provide the information on an ongoing basis, whenever necessary.53
Required Actions

1. Designate at least one employee to coordinate the City’s efforts to implement the plan and provide the name, office address, and telephone number to staff and the public.54

2. Provide a public notice of the City’s commitment to providing accessible services. 55

3. Provide information about the existence and location of accessible services, programs, activities, and facilities.56

4. Develop and publish a grievance procedure to provide fair and prompt resolution of accessibility-related complaints.57

5. Ensure that people claiming a violation of Title II are not retaliated against or discriminated against for making such a claim.58
Implementation Strategies
Provide notice of the availability of program modifications, alternative formats of materials, and auxiliary aids. Include contact information for staff who can provide assistance. Establish a standardized advanced notice requirement and publicize.

Include a nondiscrimination notice in City publications, similar to the following:

The City of Santa Clara does not discriminate on the basis of disability in the admissions or access to its programs or activities. An ADA Coordinator has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Justice regulations implementing Subtitle A of Title II of the Americans with Disabilities Act (42 U.S.C. 12131-12134), which prohibits discrimination on the basis on disability by public agencies.

Republish and rebroadcast radio, newspaper, television, or mailings of the notice periodically, as applicable.
53 See https://www.ada.gov/pcatoolkit/chap2toolkit.htm
54 DOJ, Title II Regulations Subpart A § 35.107 Designation of responsible employee and adoption of grievance procedures
55 DOJ, Title II Regulations Subpart A § 35.106 Notice
56 DOJ, Title II Regulations Subpart E § 35.163 Information and signage 57 DOJ, Title II Regulations Subpart A § 35.107 Designation of responsible employee and adoption of grievance procedures
58 DOJ, Title II Regulations Subpart B § 35.134 Retaliation or coercion •
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Self-Evaluation
2-20 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Increase outreach to people with disabilities and the organizations that serve them to provide information about possible modifications and the accessibility of programs, activities, and services.

Ensure staff are aware of the public locations of the nondiscrimination statement and the procedure for filing a disability discrimination or grievance complaint. •
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Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 2-21 Facilities
City facilities should be accessible to people with different types of disabilities. The identification of structural barriers in buildings, parks, and the public right-of-way is a required element of an ADA Transition Plan.

Required Actions

1. Ensure that the public can obtain information regarding the existence and location of accessible facilities, entrances, and elements within facilities.59

2. Provide and maintain, in working order, features of facilities required to be accessible and usable for people with disabilities.60

3. Ensure that people with disabilities are not excluded from programs due to the inaccessibility of City facilities.61

4. Prioritize methods of achieving facility accessibility that offer the most integrated setting appropriate for people with disabilities.62

5. Design and construct new facilities or new parts of facilities to meet accessibility requirements.63

6. Ensure that alterations to facilities meet accessibility requirements to the maximum extent feasible.64

7. Make reasonable modifications to permit the use of mobility devices, including other power-driven mobility devices, unless they cannot be operated in accordance with the City’s adopted safety requirements for pedestrian facilities.65 Implementation Strategies
Provide information about the accessibility of City-owned and operated facilities on department publications, including department websites. This can include details about accessible entrances, bathrooms, and other elements.

Provide information about the accessibility of non-City facilities hosting City programs and services and City-owned facilities that are leased to other entities.

Record and monitor requests relating to facility access. The ADA Coordinator can analyze accessibility requests periodically to look for global issues that can be addressed and problems than can be solved proactively.
59 DOJ, Title II Regulations Subpart E § 35.163 Information and signage 60 DOJ, Title II Regulations Subpart B § 35.133 Maintenance of accessible features 61 DOJ, Title II Regulations Subpart D § 35.149 Discrimination prohibited 62 DOJ, Title II Regulations Subpart D § 35.150 Existing facilities 63 DOJ, Title II Regulations Subpart D § 35.151(a) Design and construction 64 DOJ, Title II Regulations Subpart D § 35.151(b) Alterations 65 DOJ, Title II Regulations Subpart B § 35.137(b)(1) Use of other power-driven mobility devices •
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2-22 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Public Right-of-Way Construction Standards Review Summary To assess the City’s compliance with right-of-way construction standards for accessibility, a review was undertaken of the following City documents:

City of Santa Clara’s 2015 Standard Details
Sections 3 and 4 of Santa Clara’s Public Works Department Design Criteria (April 2015) Paragraph 1.16 of Santa Clara’s Standard Specification Section 01500 These City documents were reviewed according to the following standards:
2004 AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities 2011 Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way 2016 California Access Compliance Advisory Reference Manual (published January 1, 2018)
2016 California Building Code
Caltrans 2018 Standard Plans
Caltrans 2018 Standard Specifications
Caltrans Design Information Bulletin 82-06 Pedestrian Accessibility Guidelines for Highway Projects (dated November 16, 2017)
Caltrans Highway Design Manual (Sixth Edition)
Caltrans series CEM-5773 ADA Compliance Inspection Report Forms Required Actions

1. Ensure that the City’s standards for the public right-of-way are consistent with standards for accessibility.

Implementation Strategies
Perform updates to the construction standards for the public right-of-way for accessibility, as applicable.
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Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-1 3 Transition Plan
Title II of the ADA requires public entities having responsibility for or authority over facilities, streets, roads, sidewalks, or other areas meant for public use to develop a transition plan to ensure their facilities meet the standards for program accessibility. Program accessibility means that a program, activity, or service provided to the public is accessible when viewed in its entirety. Simply put, a transition plan assists in turning inaccessible facilities into environments that are accessible to and usable by individuals with disabilities.

The process of developing an ADA transition plan includes the identification of access barriers within the built environment. The transition plan for the removal of structural barriers to program access must contain the following information:

Identification of the barriers to program access;
Identification of the specific barrier removal action(s); Identification of a schedule for barrier removal; and
Identification of responsibility for ensuring barrier removal.

This transition plan is organized into two parts: building and park facilities, and the public right- of-way.

3.1 Schedule for Facility and Public Rights-of-Ways
Improvements
Title II regulations state that if a transition plan will take more than one-year to fully implement, it must contain interim steps to provide program accessibility. This Plan proposes a strategy of removing barriers at facilities and the public right-of-way for the next 10 years, with a re-evaluation after 10-years to guide barrier removals in the subsequent years. The City reserves the right to modify barrier removal priorities to allow flexibility in accommodating public requests, petitions for reasonable modifications from people with disabilities, changes in City programs, and funding opportunities and constraints. The barrier removal strategy incorporates flexibility in the process and allows the City to respond to new opportunities as they arise. Barriers identified at City facilities will be removed systematically according to the program priorities identified in this Plan. The City’s ADA Coordinator, or designee, is responsible for ensuring barrier removal.

3.2 Accessibility Standards
At the time of the building, site, and right-of-way evaluations, the ADA 2010 Standards, 2019 California Access Compliance Advisory Reference Manual (CBC), 2015 Architectural Barriers Act (ABA) Standards for Outdoor Developed Areas, 2011 Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG), and the 2014 California Manual on Uniform Traffic Control Devices for Streets and Highways (CA MUTCD) were used to identify barriers at City facilities and the public right-of-way. Building codes and standards are revised •
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3-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft every few years. The barrier evaluations conducted provide an assessment of current conditions as viewed by the current code at the time of evaluation and provide a baseline for future barrier removal.

3.3 Facility Evaluations
During the site evaluations of Santa Clara facilities, all portions of the exterior and interior features of the sites used by the public were evaluated. The assessment identified physical barriers in each facility that limit accessibility and compared each facility to the 2010 ADA, 2019 CBC, and 2015 ABA. The assessed building and park facilities are organized into two groups, buildings and sites, and parks and trails. All Santa Clara facilities are included together in the Plan transition priority tables. Map 1 on the following page illustrates the location of the building facilities.

Buildings and Sites
Agnews Historic Park
Berryessa Adobe
Burman Building
Central Park Library
City Hall
Commerce & Peddler Plazas Parking
Community Recreation Center
Convention Center
Convention Center Parking Garage
Fire Station 1
Fire Station 1 Annex
Fire Station 2
Fire Station 2 Training Center
Fire Station 3
Fire Station 4
Fire Station 5
Fire Station 6
Fire Station 7
Fire Station 9
Franklin Mall
Franklin Square Mall North
Franklin Square Mall South
Great America Parking Lots
Great America VTA Lot
Harris-Lass House
Headen-Inman House
Jamison-Brown House
Mission City Center for Performing Arts
Northside Library
Northside Substation
Old Court Building
Police Headquarters
Senior Center
Street Department
Tasman Parking Structure
Teen Center
Triton Museum
Volunteer/Reserve HQ and Museum
Walter E. Schmidt Youth Activity Center
Water/Electric Department Lot
The site evaluations66 were accomplished using a consultant team equipped with measuring devices, City facility information, and evaluation checklists. Diagrams and maps of each site 66 The comprehensive site evaluation ADA Facility Reports are available under separate cover. The reports are a snapshot in time of the facility at the time of evaluation. The reports do not reflect the dates or history of construction or alterations of City facilities. In some cases, the items contained in the reports are not required to be •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-3 were annotated during the evaluation process and are included with the ADA Facility Assessments Reports.
remediated because those items were compliant at the time of construction or alteration, or other options are available to the City to provide similar accessible programs, activities, and services. The reports do not necessarily reflect actions that the City must undertake, but rather constitute a list of elements that were not consistent with accessibility standards current at the time of the evaluation.

Transition Plan
3-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft This page intentionally left blank
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Convention Center Parking Garage
C l . C I • onvent1on., enter.
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Tasman·Parking Structure
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Great America VTA Lot I
Great Amer[ca Parking Lots• -,, ·--·,, I
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l Fire Station s. ~"\_ Northside Library
• ~,J, .. "~" N~rthside Substation
Agnews Historic Park ~<:J~~ i,_
City of Santa Clara ADA Self-Evaluation & Transition Plan Map 1: Evaluated Buildings and Parking Lots
Legend
• Evaluated Buildings and Parking Lots
Context
[:::J City Boundary Street -i-----,- Railroads Water Feature Park -===:JMiles
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October 2019
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-7 Parks and Trails
Agnew Park
Agnews Historic Cemetery
Bowers Park
Bracher Park
Central Park
City Plaza Park
Civic Center Park
Earl R. Carmichael Park
Everett Alvarez Jr. Park
Fairway Glen Park
Fremont Park
Fuller Street Park
Geof Goodfellow Sesquicentennial
Park
George F. Haines International Swim
Center
Guadalupe River Trail
Henry Schmidt Park
Homeridge Park
Jenny Strand Park
Larry J. Marsalli Park
Lick Mill Park Live Oak Park
Machado Park
Mary Gomez Park and Pool
Maywood Park
Memorial Cross Park
Mission City Memorial Park
Mission College Sports Complex
Montague Swim Center
Parkway Park
Rotary Park
San Tomas Aquino Creek Trail
Santa Clara Youth Soccer Park
Skate Park
Steve Carli Park
Tennis Center at Central Park
Thamien Park
Thomas Barret Park
Ulistac Natural Area
War Memorial Playground
Warburton Park and Pool
Washington Park Baseball Field
Westwood Oaks Park
Map 2 on the following page identifies the location of City park facilities. •
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3-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft This page intentionally left blank
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Fafrway-·, Glen' ·<-
\~ ---Park Ulistac Natural Area
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Agnews • ' •·~ -:.~uadalupe River Trail
Historic Thamien Rark .

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Mission College Sports Compl_h ,.

Fuller Street Rark
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Bowers Park Skate Park I. • • Rotary
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- a?, Memorial Cross Park ,~
~ Warburton Park and 1Pool • P.lark •
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~ - ...... --...,.._... EL_c_AM_iN.,.o R,_EA.;;.,L Geof ,Goodfellow I Civic Center Park :, ! 1-Sesquicentennial Park • @ l
~ Tennis Center I I FremJ nt Park '·. Earl R. Carmichael Park I -- • / :-•: • at Centran?lark-- Steve Carli t ark,.... CitY, p,faza ~ark· • t • r --·. ..,.,,-x,r .' ! 1 Central Park • / ..- ~ ~~ 1 washihgton,Park Baseball Field .... 7 ·· : • George F:-Haines, c:-!( . ;
I International Swim Center) War Memon~I Playground
r----· t Henry Schmidt Park---·· ._,.. • .1
i I H ·d p k• Mary Gome! • ~ I __ , ¥ omen ge ar ~ • Mission City Memorial Park W t d O k 'p k Park and Pool ~ • I
es woo a s ; ar • J ~ Everett Alvarez Jr. Park
j --- . ~ t'----+--;-- - I 9 : Maywood ParK• i-T:l
11J S dP k J • ~-. ---{ enny tran ar Parkway Par!< Thomas-Barret Park L_~ ST~~-- ( _ : ________ J
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City of Santa Clara ADA Self-Evaluation & Transition Plan Map 2: Evaluated Parks and Trails
-==:J Miles
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• E valuated Park ----· Eva luated Trail
Context
i~:.:-:J City Boundary Street ~~ Railroads Water Feature Park October 2019 Transition Plan
3-8 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft This page intentionally left blank
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-9 Barrier Categorization
Categorization is the classification of physical barriers identified in the field evaluations that may limit access to City programs, activities, or services at a particular site. The categories follow a logic of access to a site. When planning or designing projects with limited budgets, the City would want to address primary access like parking before addressing an amenity like a drinking fountain. The following is a descriptor of the categories:

Category 1: Barrier removal items that provide accessibility at the main entrance of a facility or improve a path of travel to the portion of the facility where program activities take place (parking, walks, ramps, entrance doors, etc.).

Category 2: Barrier removal items that improve or enhance access to program use areas (transaction counters, conference rooms, public offices, restrooms, etc.).

Category 3: Barrier removal items that improve access to amenities serving program areas (drinking fountains, telephones, site furnishings, vending machines).

Category 4: Areas or features not required to be modified for accessibility (no public programs located in this area, duplicate features, alteration could be considered technically infeasible).

Category 5: Areas or features located at sites that may qualify as a historic landmark and may not be required to fully comply with current accessibility standards.

Criteria for Prioritizing Barrier Removal at City Facilities Prioritizing the removal of barriers at City facilities is an important component of developing and implementing an ADA transition plan. The following criteria were considered in the schedule for removing barriers.

Identified complaints or requests: Facilities that have a history of citizen complaints or requests related to accessibility can be assigned a higher priority.

Level of use by the public: Facilities that have a high level of public use are a higher priority.

Program uniqueness: Some programs are unique to a building, facility, or population and cannot occur at another location.

Citizen rights and responsibilities: Facilities where services are provided to exercise citizen rights—participation in City Council and Commission meetings, access to elected officials, facilities where taxes are paid, permits, and licenses are obtained, etc.

Geographic distribution: By selecting a range of facilities that are distributed throughout the City, the City can ensure maximum access for all residents.

Recognized user groups: Facilities where programs serving youth, seniors, and people with special needs are provided.

Planned obsolescence: Facilities with identified capital projects that will replace the existing facility.
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Transition Plan
3-10 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Schedules for Facility Improvements
The transition plan for building and park facilities proposes a strategy for prioritizing barriers removals for the first 10-years of the Plan’s implementation, with an update of the Plan after 10-years to evaluate the barriers removed, barriers remaining, and the and schedule for removal of barriers in the subsequent timeframe.

Within the first 10 years of the Plan’s implementation, the City will prioritize addressing barriers at facilities that limit program accessibility. The City will prioritize removal of barriers identified at City facilities based on the program priorities identified in this Plan. It is the intent of the City to address and remove barriers to accessibility at its facilities based on the need for programmatic access.

The City reserves the right to modify barrier removal priorities to allow flexibility in accommodating public requests, petitions for reasonable modifications from people with disabilities, changes in City programs, and funding opportunities and constraints. The ADA Title II regulations state that if a transition plan will take more than one year to fully implement, it must contain interim steps to provide program accessibility. Interim measures will be evaluated and implemented as necessary to improve access for the public pending the implementation of major physical barrier removal projects to the extent feasible and reasonable. Interim steps identified in this Plan include
Relocation of a program to an accessible facility;
Installation of directional signs;
Installation of a power door or lift;
Adjustments to operating mechanisms;
Temporary modifications that increase access; or
Other actions that enable better access.

The City will accomplish barrier removals in its facilities through policy and procedure modifications to remove programmatic barriers, and through maintenance and construction projects to remove structural barriers.

The strategy is summarized in tables on the following pages. It is the City’s intent to periodically review the barriers against planned and completed projects and activities and to modify the implementation schedule as needed and on an on-going basis, with an update of the Plan after 10 years. The City will evaluate and implement barriers that can be resolved through programmatic modifications and maintenance tasks during the initial 10-year period of the Plan. In addition, during each of the City’s biennial Capital Improvement Project budgeting cycles following acceptance of this Plan, the removal of barriers will be evaluated for inclusion as part of other planned projects or as focused barrier removal projects to the extent feasible within budgeting constraints. After 10 years, the City will revise the schedule for removal of the remaining barriers. It is also assumed that as facility barriers are evaluated in greater detail as part of future projects and complaints, a percentage of the barriers will fall within the safe •
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Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-11 harbor provisions67. The City will then revise and update the inventory of barriers and, when applicable, revise the schedule for the removal of remaining barriers.

The information contained in the ADA facility assessment reports has been incorporated into an ADA barrier analysis excel workbook with companion facility GIS data, which is intended for use as a tracking tool in administering the Plan and the City's ongoing record of the remediation of barriers. The tracking tool will be updated as the City removes barriers or implements programmatic solutions to barriers. The records are to be maintained by the City's ADA Coordinator, or designee. In compliance with the requirements of the ADA, the City will maintain in working order features that are required to provide access to individuals with disabilities.

Barrier Removal Project Types and Time Frames
Taking into consideration that not all barriers require the same level of effort to mitigate, the time frames for barrier removal has been organized into four categories: interim solutions, maintenance projects, small capital projects, and large capital projects. The time frame guidelines identified below for each project type will be considered, in addition to the barrier categories and prioritization criteria, when scheduling barrier removal work. The City plans to prioritize Interim Solutions and Maintenance Projects within the first 5 years of the Plan. The City also plans to prioritize barriers identified as Phase A for the first 10 years of the Plan. The city anticipates that Phases B and C will be completed after this initial 10-year period. After the initial 10-year period, the City will evaluate the barriers removed, barriers remaining, and the priorities and schedule for removal of remaining barriers. The City is projecting that approximately up to one-half of the barriers identified may be mitigated within in this initial 10- year period, subject to funding availability. Barrier removal projects of any type may be implemented concurrently at any time over the Plan’s implementation. Where possible, the City will implement barrier removal work with other planned maintenance and/or capital projects for economies of scale. In addition, if projects materialize that include opportunities for accessibility improvements identified to be completed for a later phase in this Plan, those accessibility improvements may be brought forward to be completed sooner at time-of- opportunity in consultation with the project.

Interim Solutions: Interim measures involve programmatic solutions that will be put in place pending implementation of major barrier removal projects through either small or large capital projects. An example of this type of strategy is relocating programs to a new location that has accessible facilities.

Maintenance Projects: Mitigation of a barrier as part of ongoing maintenance, which could occur without a building permit. Example: Changing door hardware from a knob to accessible lever hardware; remounting a fixed unit to appropriate reach range 67 Facilities that are subject to safe harbor provisions under the ADA may remain in their current condition until the City plans to alter those facilities. Future accessibility improvements at these sites may be considered on a case-by- case basis. See Section 4 of this document for more discussion of safe harbor provisions. •
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Transition Plan
3-12 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft heights, such as a paper towel dispenser or new signage. These projects will typically be less than $5,000 each.

Small Capital Projects - Phase A:Barrier mitigations that require individual study under the guidance of a design professional. Barrier mitigation projects with a small scope and cost may be considered small capital projects. These projects will typically be less than $50,000 each.

Large Capital Projects - Phase B Barrier mitigations that require individual study under the guidance of a design professional but may require extended planning and funding at a cost greater than $50,000.

Large Capital Projects - Phase C: Barrier mitigations that require significant reconstruction of a facility or within facilities with potential for replacement or development under a master plan are considered long range projects to allow for collaboration between the barrier mitigations and other planning activities for economies of scale.
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-13 Facilities Prioritized for Interim Solutions or Maintenance At the time of preparation of this Plan, the City identified facilities with potential for large capital projects or replacement of the existing facility over the timeframe of this Plan. Barrier removal at these facilities will be focused on interim solutions and maintenance activities until the time of the large capital project or facility replacement. This includes the following locations:

Bracher Park
Fairway Glen Park
Fire Station 1
Fire Station 1 Annex
Fire Station 5
Fire Station 7
Fire Station 9
Fuller Street Park
Geof Goodfellow Sesq. Park
Homeridge Park
Parkway Park
Steve Carli Park
Thamien Park
Thomas Barret Park
Ulistac Natural Area
City Hall
Facilities Owned or Operated by Others
Barrier removal projects affecting the accessibility of City programs at facilities not exclusively owned or operated by the City will be coordinated with the site owner per the joint-use, lease, or other agreements. This includes the following locations:

Agnews Historic Park
Mission City Center for Performing
Arts
Mission College Sports Complex
Northside Police Substation
Teen Center
Walter E. Schmidt Youth Activity
Center
War Memorial Playground
Washington Park Baseball Field
Transition Plan Phasing Schedules
The following barrier removal phasing schedule tables are organized into three priority tiers based on a combination of the criteria for prioritizing barrier removal: identified complaints or requests, level of use by the public, program uniqueness, citizen rights and responsibilities, geographic distribution, council recognized user groups, and planned obsolescence. Priority 1 facilities meet more of the criteria than those identified in the priority 2 and 3 phasing schedules, and priority 2 facilities meet more of criteria then priority 3 facilities. As previously noted, the City intends to address Interim Solutions and Maintenance Projects within the first 5 years of the Plan. The following tables identify the facilities' small and large capital project schedules by priority ranking.
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3-14 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Table 3.1: Small and Large Capital Projects - Priority 1 Facilities Facility Capital
Project Type Phase A Phase B Phase C
Central Park Small
Central Park Large
Central Park Library Small
Central Park Library Large
City Hall Small
City Hall Large
Community Recreation Center Small
Community Recreation Center Large
Convention Center and Parking Garage Small
Convention Center and Parking Garage Large
Fire Station #2 Training Center Small
Fire Station #2 Training Center Large
Northside Library Small
Northside Library Large
Old Court Building Small
Old Court Building Large
Police Headquarters Small
Police Headquarters Large
Senior Center and Fremont Park Small
Senior Center and Fremont Park Large
Tasman Parking Structure Small
Tasman Parking Structure Large
Triton Museum Small
Triton Museum Large
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-15 Table 3.2: Small and Large Capital Projects - Priority 2 Facilities Facility Capital
Project Type Phase A Phase B Phase C
Agnew Park Small
Agnew Park Large
Bowers Park Small
Bowers Park Large
City Plaza Park Small
City Plaza Park Large
Civic Center Park Small
Civic Center Park Large
Earl R. Carmichael Park Small
Earl R. Carmichael Park Large
FD Volunteer / Reserve HQ & Museum Small
FD Volunteer / Reserve HQ & Museum Large
Fire Station 2 Small
Fire Station 2 Large
Guadalupe River Trail Small
Guadalupe River Trail Large
Henry Schmidt Park Small
Henry Schmidt Park Large
Larry J. Marsalli Park Small
Larry J. Marsalli Park Large
Lick Mill Park Small
Lick Mill Park Large
Live Oak Park Small
Live Oak Park Large
Machado Park Small
Machado Park Large
Mary Gomez Park Small
Mary Gomez Park Large
Maywood Park Small
Maywood Park Large
Mission City Memorial Park Small
Mission City Memorial Park Large
Montague Swim Center Small
Montague Swim Center Large
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3-16 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Facility Capital
Project Type Phase A Phase B Phase C
San Tomas Aquino Creek Trail Small
San Tomas Aquino Creek Trail Large
Warburton Park and Pool Small
Large
Westwood Oaks Park Small
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-17 Table 3.3: Small and Large Capital Projects - Priority 3 Facilities Facility Capital
Project Type Phase A Phase B Phase C
Agnew Historic Cemetery Small
Agnew Historic Cemetery Large
Berryessa Adobe Small
Berryessa Adobe Large
Burman Building Small
Burman Building Large
Commerce and Peddlers Plaza Small
Commerce and Peddlers Plaza Large
Everett Alvarez Jr. Park Small
Everett Alvarez Jr. Park Large
Fire Station 3 Small
Fire Station 3 Large
Fire Station 4 Small
Fire Station 4 Large
Fire Station 6 Small
Fire Station 6 Large
Franklin Mall Small
Franklin Mall Large
Great America VTA Lot Small
Great America VTA Lot Large
Harris-Lass House Small
Harris-Lass House Large
Headen-Inman House Small
Headen-Inman House Large
Jamison-Brown House Small
Jamison-Brown House Large
Jenny Strand Park Small
Jenny Strand Park Large
Memorial Cross Park Small
Memorial Cross Park Large
Rotary Park Small
Rotary Park Large
Santa Clara Youth Soccer Park Small
Santa Clara Youth Soccer Park Large
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3-18 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Facility Capital
Project Type Phase A Phase B Phase C
Skate Park Small
Skate Park Large
Street Department Small
Street Department Large
Water/Electric Department Parking Lot Small
Water/Electric Department Parking Lot Large
Current and Recent Barrier Removal Projects at City Facilities Prior to and during the planning process for this Plan, the City has been actively engaged in barrier removal activities through Capital Improvement Projects. The following is a list of Capital Improvement Projects at City Facilities planned, started, or completed during development of this Plan that includes barrier removal activities:

Mission Branch Library Remodel Project
Police Building Security Upgrade Project
San Tomas & Monroe Park & Community Garden Project
Bowers & Machado Parks Rehabilitation Project
Homeridge Park Playground Rehabilitation Project
Agnew and Fuller Parks Rehabilitation Project
Montague Park Rehabilitation Project
Henry Schmidt Park Playground Rehabilitation Project
Harris-Lass Museum Repairs Project
Westwood Oaks Park Playground Rehabilitation Project
Central Park Magical Bridge Playground Project
Mission Branch Library Gazebo Rehabilitation Project
Fairway Glen Park Restroom Rehabilitation Project
The above list should not be considered as comprehensive in listing all of the projects or activities that the City has engaged in towards removing barriers at City facilities prior to or during development of this Plan, but rather should be considered as indicative of demonstrating City’s efforts towards removing barriers. The details of specific barriers removed under each project or activity are available within City’s records and are not specifically listed in this Plan. Planned, started, or completed projects or activities during the development of this Plan are incorporated into this Plan by reference.
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-19

3.4 Public Right-of-Way
The ADA addresses the accessible pedestrian access route in the public right-of-way where sidewalks are provided by the City. The ADA does not mandate the installation of sidewalks but does require a curb ramp where existing sidewalks intersect the roadway.

In 2002, the United States Court of Appeals for the Ninth Circuit (Court), whose jurisdiction includes California, held for the first time that sidewalks constitute a program, activity, or service of a public entity. Therefore, sidewalks are subject to the ADA's program accessibility regulations.68 Prior to this decision, the law was unclear about whether transition plans for public entities should address barrier removal from sidewalks. When originally written, the ADA specifically addressed curb ramps; this court decision added sidewalks. Additionally, in 2014, the Court provided direction on providing accessible programs and services where there is an absence of technical standards relevant to the situation. The Court established that public agencies have an obligation to make their programs accessible to all users, and when designing for accessibility in the absence of adopted technical standards, Title II entities should consider comparable design standards or program access69.

Under Title II of the ADA, the City is not necessarily required to construct curb ramps at every point where a sidewalk intersects a curb. Traffic safety considerations may make construction of ramps undesirable at some locations. Alternative routes to buildings that make use of existing curb ramps may be acceptable under the concept of program accessibility where individuals with disabilities need only travel a marginally longer route.

Public Right-of-Way Evaluations
During the right-of-way evaluations pedestrian access routes,70 curb ramps, and on-street parking were evaluated to identify physical barriers at each facility that limit accessibility and compared each facility to the 1991 ADAAG, 2010 ADA, 2019 CBC, 2011 PROWAG, and 2014 CA MUTCD71 72. An excel workbook entitled public right-of-way data dictionary was prepared during the development of this evaluation which identified specific criteria used for evaluating 68 Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002) 69 Fortyune v. City of Lomita, 766 F.3d 1098 (9th Cir. 2014) 70 Pedestrian access routes include crosswalks, rail crossings, pedestrian bridges, sidewalks, and sidewalk hazards.

Hazards include changes of level, driveway cross slopes greater than two percent overhanging and protruding objects, opens greater than one-half inch and/or parallel to the direction of travel, obstacles that narrow the width of the accessible route, and surfaces that are not firm, stable, and slip resistant. 71 Street lighting and illuminance for pedestrian circulation is not addressed in the scope or technical design standards of the ADA and are not an included element for this Plan. 72 The public right-of-way evaluation is a snapshot in time at the time of evaluation. The evaluation does not reflect the dates or history of construction or alterations. In some cases, the items contained in the public right -of-way evaluation are not required to be remediated because those items were compliant at the time of construction or alteration, or other options are available to the City to provide similar accessible programs, activities, and services.

The evaluation does not necessarily reflect actions that the City must undertake, but rather constitute a list of elements that were not consistent with accessibility standards current at the time of the evaluation.

Transition Plan
3-20 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft the accessibility of each type of facility. The evaluation resulted in the development of geospatial data that informed a draft right-of-way barrier analysis summary report that summarizes the results of the evaluation and which has been incorporated into the development of this Plan73. The public right-of-way data dictionary details the specific standards applied for specific elements, and these standard for the specific elements are incorporated by reference as the standards for use in the public right-of-way during the Plan’s implementation.

Public Right-of-Way Prioritization
The prioritization criteria for assigning the barrier removal phasing schedule were developed using Title II regulation § 35.150(d)(2).

If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

The prioritization criteria include the following:

Locations of ADA Complaint and/or Request from a Qualified Individual with a Disability; Locations serving government offices and public facilities; Locations serving transportation;
Locations serving commercial districts and employers; and Locations serving other areas.

Locations of ADA Complaint and/or Request from a Qualified Individual with a Disability74 are facility locations where City staff has received a complaint or request from a person with a disability or represents a person with a disability as defined by the American with Disabilities Act. Complaints or requests from a person with a recognized disability under the ADA, or on their behalf will be prioritized and reviewed first if there are multiple complaints or requests. 73 The comprehensive facility evaluation of existing conditions was provided to the City in a geospatial dataset. The data collected represents a snapshot in time of the facility at the time of evaluation. The evaluations do not reflect the dates or history of construction or alterations. In some cases, the items contained in the evaluations may not be required to be remediated because those items were compliant at the time of construction or alteration, or other options are available to the City to provide programmatic access. The evaluations do not necessarily reflect actions that the City must undertake, but rather constitute a list of elements that were not consistent with accessibility standards current at the time of the evaluation
74 DOJ, Title II Regulations Subpart E § 35.104 Definitions. •
•
•
•
•
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-21 Barrier Priorities
Matrices on the following pages illustrate the prioritization criteria for barrier removal projects in the public right-of-way such as curb ramps, pedestrian access routes,75 and pedestrian pushbuttons at street crossings. Each element evaluated was assigned a rank based on its barrier priority and category. The priority assigned is based on the information described above and the barrier category is based on the condition of the facility. The descriptions for each category are provided after each matrix.

The highest-ranked elements are shaded in dark grey, medium ranked in a medium grey, and lower-ranked in light grey. The facilities with no assigned rank have no access deficiencies identified and have no assigned color. The columns in the matrix indicate the assigned priority and are in order of importance from left to right, with the left column having the highest importance. The rows indicate the category of condition assigned to each facility during the evaluation process, with the top row having the highest importance. Note that categories are hierarchical: higher-level categories (i.e., one and two) may include lower-level category conditions (i.e., three and four), but lower-level categories cannot include higher-level category conditions. Each matrix is followed by a description of the barrier categories; maps illustrating the locations of identified barriers by priority; and summary tables of the barrier removal priorities
Barrier Categories
Category description tables that describe the accessibility barriers and their assigned category (i.e., one, two, three, etc.) are provided after each facility priority matrix. Within the curb ramp and pedestrian access route summary sections, the category tables also describe the three road classifications within Santa Clara: arterial, collector, and local street, and the road classification's relationship to the assigned category. Arterials and collectors have a higher volume and speed of vehicular traffic when compared to local streets and barriers located on roadways. Therefore, a higher or lower priority can be assigned within a barrier type based on the road’s classification, and the table illustrates how the road classification influences the category classification.
75 Pedestrian access route information includes identified barriers along the sidewalks, crosswalks, and includes the identifications of hazards along the pedestrian route.

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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-23 Curb Ramps
Table 3.4: Curb Ramp Priority Matrix
ADA 35.150(d) Geospatial Proximity Priorities*

A B C D E
Priorities
(Category)
Priority
Description
Location of Public ADA
Complaint and/or Request
from a Qualified Individual
with a Disability
Location Serving
Government
Offices & Public
Facilities
Location Serving
Transportation
Location Serving
Commercial Districts,
Employers
Location Serving
Other Areas
1 See
Category 1
Description
A1
(High Priority)
B1
(High Priority)
C1
(High Priority)
D1
(High Priority)
E1
(Medium Priority)
2 See
Category 2
Description
A2
(High Priority)
B2
(High Priority)
C2
(High Priority)
D2
(Medium Priority)
E2
(Medium Priority)
3 See
Category 3
Description
A3
(High Priority)
B3
(Medium Priority)
C3
(Medium Priority)
D3
(Medium Priority)
E3
(Low Priority)
4 See
Category 4
Description
A4
(High Priority)
B4
(Low Priority)
C4
(Low Priority)
D4
(Low Priority)
E4
(Low Priority)
5 No
deficiencies
identified
A5
(No Deficiencies)
B5
(No Deficiencies)
C5
(No Deficiencies)
D5
(No Deficiencies)
E5
(No Deficiencies)
*The priorities listed are specified under Title II 28 CFR Section 35.150 (d).

Transition Plan
3-24 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Curb Ramp Barrier Category Descriptions
Table 3.5: Curb Ramp Category 1 Descriptions
Road Classification Arterial Collector
Residential
Local or Urban
Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
The curb ramp is built-up in the travel lane. X X X
The curb ramp is significantly damaged or deteriorated and is unsafe. X X X The curb ramp has no detectable warning. X X X
There is a sidewalk with no curb ramp access or there is an obstruction to accessing the curb ramp. X X X
Non-standard ramp type with non-compliant cross slope and/or ramp slope. X X X The width and length of the pedestrian refuge island does not meet any standard. X X X
The curb ramp has no receiving ramp. X X X
Curb ramp designed to pre-2000 standards76. X X X
76 Based upon a review of available City records, it appears that a curb ramp standard detail dated April 1980, or variations thereof, was utilized for construction until the year 2000, whereinafter the curb ramp standard detail was revised to comply with the accessibility standards at the time. This 1980 curb ramp standard detail, or variations thereof, does not fully comply with 1991 Standards and therefore curb ramps that appear to be constructed according to this 1980 standard detail are assumed to be noncompliant with the 1991 or subsequent standards and are denoted as pre-2000 standards for the purposes of this Plan.

Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-25 Table 3.6: Curb Ramp Category 2 Descriptions
Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
The curb ramp does not have a firm, stable, and slip resistant surface and/or has openings greater than a half-inch or parallel with the direction of travel. X X X The curb ramp is not located within marked crossings (when present). X X X Cross slope of ramp exceeds two percent. X X X
Running slope of ramp exceeds 8.33 percent. X X X
Cross slope of ramp exceeds two percent and grade of road when located midblock or at an intersection without yield or stop control. X X X Slope of ramp flared sides (if applicable) exceeds 10 percent and is part of the circulation path. X X X
Width of ramp is less than 48 inches. X X X
A three-by-four-foot clear space at the bottom of the ramp outside of the travel lane is not provided. X X X
Curb ramp has turning space that does not meet any existing standards. X X X The curb ramp has a lip or vertical discontinuity greater than a half-inch. X X X The detectable warning provided meets no existing standard. X X X Transition Plan
3-26 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Table 3.7: Curb Ramp Category 3 Descriptions
Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
Counter slope of the curb ramp is greater than five percent. X X X Curb ramp with constrained turning space is less than four-by-five feet. X X X Turning space meets neither CBC nor PROWAG standard. X X X Landing is not designed to prevent the accumulation of water. X X X A four-by-four-foot clear space at the bottom of the ramp outside of the travel lane is not provided. X X X
The detectable warning provided does not meet PROWAG standard. X X X Slope of ramp flared sides (if applicable) exceeds 8.33 percent and is less than or equal to 10 percent and is part of the circulation path. X X X Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-27 Table 3.8: Curb Ramp Category 4 Descriptions
Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
The width and length of the pedestrian refuge island does not meet PROWAG standard. X X X
End of walk due to road terminating with no exit ramp. X X X End of walk midblock with no exit ramp. X X X
The detectable warning provided does not meet CBC standard. X X X The curb ramp has a lip or vertical discontinuity less than a half-inch. X X X Slope of ramp flared sides exceeds 10 percent and is not a part of the circulation path. X X X
Turning space meets either PROWAG standard or meets CBC standard, but not both. X X X
Table 3.9: Curb Ramp Category 5 Descriptions
Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
No deficiencies identified X X X
Shared diagonal perpendicular or shared parallel curb ramp design without existing physical constraints X X X
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-29 Table 3.10: Curb Ramp Barrier Summary by Rank
Rank Total Instances Percent of Total
High 1,196 16.1%
Medium 3,555 47.8%
Low 2,691 36.2%
Total 7,442 100.0%
Table 3.11: Curb Ramp Barrier Summary by Rank and Category Rank Category Priority Instances Percent of
Total
High 1 B1 97 1.3%
High 1 C1 399 5.4%
High 1 D1 10 0.1%
High 2 B2 145 1.9%
High 2 C2 545 7.3%
Medium 1 E1 102 1.4%
Medium 2 D2 4 0.1%
Medium 2 E2 183 2.5%
Medium 3 B3 466 6.3%
Medium 3 C3 2,782 37.4%
Medium 3 D3 18 0.2%
Low 3 E3 1,970 26.5%
Low 4 B4 77 1.0%
Low 4 C4 403 5.4%
Low 4 D4 4 0.1%
Low 4 E4 237 3.2%
Transition Plan
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City of Santa Clara ADA Self-Evaluation & Transition Plan Map 3: Curb Ramp Barrier Removal Projects: All
Barrier Removal Rank
• High • Medium Low
Context
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L~i' i' " F
• • • ·: ~
-=:::::J Miles
0 0 .5 1
Park October 2019
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-33 Pedestrian Access Routes
Table 3.12: Pedestrian Access Route Priority Matrix
ADA 35.150(d) Geospatial Proximity Priorities*

A B C D E
Priorities
(Category)
Priority
Description
Location of Public ADA
Complaint and/or Request
from a Qualified Individual
with a Disability
Location Serving
Government Offices
& Public Facilities
Location Serving
Transportation
Location Serving
Commercial Districts,
Employers
Location Serving
Other Areas
1 See
Category 1
Description
A1
(High Priority)
B1
(High Priority)
C1
(High Priority)
D1
(High Priority)
E1
(Medium Priority)
2 See
Category 2
Description
A2
(High Priority)
B2
(High Priority)
C2
(High Priority)
D2
(Medium Priority)
E2
(Medium Priority)
3 See
Category 3
Description
A3
(High Priority)
B3
(Medium Priority)
C3
(Medium Priority)
D3
(Medium Priority)
E3
(Low Priority)
4 See
Category 4
Description
A4
(High Priority)
B4
(Low Priority)
C4
(Low Priority)
D4
(Low Priority)
E4
(Low Priority)
5 No
deficiencies
identified
A5
(No Deficiencies)
B5
(No Deficiencies)
C5
(No Deficiencies)
D5
(No Deficiencies)
E5
(No Deficiencies)
*The priorities listed are specified under Title II 28 CFR Section 35.150 (d).

Transition Plan
3-34 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Pedestrian Access Route Barrier Category Descriptions
Table 3.13: Pedestrian Access Route Category 1 Descriptions Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
The constructed width of the sidewalk width is less than 36 inches at some point along the sidewalk. X X X
The sidewalk cross slope exceeds four percent for a majority of the sidewalk segment. X X X Running slope of crosswalk is greater than five percent. X X X Cross slope of crosswalk with yield or stop control is greater than two percent. X X X Cross slope of crosswalk with no yield or stop control is greater than five percent. X X X Median in marked crossing reduces crosswalk width to less than six feet. X X X The sidewalk condition is poor with cracking, spawling, heaving, or other condition. X X X Vertical change in level along sidewalk greater than 3/4" creates a tripping hazard. X X X A detectable warning surface is not provided at the railroad crossing. X X X Railroad flangeway gap is greater than three inches for freight rail or two and a half for non-freight rail. X X X
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-35 Table 3.14: Pedestrian Access Route Category 2 Descriptions Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
Detectable warning surface placement at rail crossing is less than six feet or greater than 15 feet. X X X
The constructed width of the sidewalk width is less than 48 inches but greater than 36 inches at some point along the sidewalk X X X
The sidewalk cross slope exceeds three percent and is less than or equal to four percent for a majority of the sidewalk segment or one of the three values collected exceeded four percent cross slope.

X X X
The sidewalk segment has a significant number of instances where the surface is not firm, stable, and slip resistant (more than two per 100 feet). X X X The sidewalk has a significant number of vertical changes that exceed a quarter inch (more than four per 100 feet). X X X
The sidewalk has a significant number of openings greater than a half inch or are parallel to direction of travel (more than four per 100 feet). X X X The sidewalk cross slope at driveway entries exceeds two percent. X X X The sidewalk has a significant number of overhanging and protruding objects (more than two per 100 feet). X X X
The sidewalk has a significant number of obstacles that narrow the width of the walk to less than four feet (more than two per 100 feet). X X X Transition Plan
3-36 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Table 3.15: Pedestrian Access Route Category 3 Descriptions Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
The sidewalk width is less than five feet without a passing space. X X X The sidewalk cross slope exceeds two percent and is less than or equal to three percent for a majority of the sidewalk segment, or one of the three values collected exceeds three percent and is less than or equal to four percent cross slope.

X X X
The sidewalk segment has instances where the surface is not firm, stable, and slip resistant (more than one per 100 feet). X X X
The sidewalk has vertical changes that exceed a quarter inch (more than two per 100 feet). X X X
The sidewalk has openings greater than a half inch or are parallel to direction of travel (more than two per 100 feet). X X X
The sidewalk has overhanging and protruding objects (more than one per 100 feet). X X X
The sidewalk has obstacles that narrow the width of the walk to less than four feet (more than one per 100 feet). X X X
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-37 Table 3.16: Pedestrian Access Route Category 4 Descriptions Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
The sidewalk cross slope exceeds two percent and is less than or equal to three percent for one of the three values collected for cross slope. X X X Running slope of sidewalk exceeds grade of road and is greater than five percent. X X X
The sidewalk has vertical changes that exceed a quarter inch (equal to or fewer than two per 100 feet). X X X
The sidewalk has openings greater than a half inch or are parallel to direction of travel (equal to or fewer than two per 100 feet).

X X X
The sidewalk segment has instances where the surface is not firm, stable, and slip resistant (equal to or fewer than one per 100 feet). X X X The sidewalk has overhanging and protruding objects (equal to or fewer than one per 100 feet). X X X
The sidewalk has obstacles that narrow the width of the walk to less than four feet (equal to or fewer than one per 100 feet). X X X Table 3.17: Pedestrian Access Route Category 5 Descriptions Road Classification Arterial Collector
Residential
Local
or Urban Local
Category (y-axis) 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5
Identified ADA Barrier
No deficiencies identified. X X X
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-39 Table 3.18: Pedestrian Access Route Barrier Summary by Rank: Sidewalks Rank Instances Percent of Total
High 847 16.5%
Medium 2,409 47.0%
Low 1,865 36.4%
No Deficiency 7 0.1%
Total 5,128 100.0%
Table 3.19: Pedestrian Access Route Barrier Summary by Rank and Category: Sidewalks Rank Category Priority Instances Percent of
Total
High 1 B1 18 0.4%
High 1 C1 120 2.3%
High 1 D1 3 0.1%
High 2 B2 96 1.9%
High 2 C2 610 11.9%
Medium 1 E1 27 0.5%
Medium 2 D2 10 0.2%
Medium 2 E2 279 5.4%
Medium 3 B3 305 5.9%
Medium 3 C3 1,773 34.6%
Medium 3 D3 15 0.3%
Low 3 E3 1,373 26.8%
Low 4 B4 49 1.0%
Low 4 C4 284 5.5%
Low 4 D4 2 0.0%
Low 4 E4 157 3.1%
No Deficiencies 5 C5 5 0.1%
No Deficiencies 5 E5 2 0.0%
Transition Plan
3-40 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Table 3.20: Pedestrian Access Route Barrier Summary by Rank: Hazards Rank Total Instances Percent of Total
High 4,368 5.4%
Medium 12,308 15.2%
Low 64,232 79.4%
Total 80,908 100.0%
Table 3.21: Pedestrian Access Route Barrier Summary by Rank and Category: Hazards Rank Category Priority Instances Percent of
Total
High 1 B1 153 0.2%
High 1 C1 798 1.0%
High 1 D1 19 0.0%
High 2 B2 296 0.4%
High 2 C2 3,102 3.8%
Medium 1 E1 238 0.3%
Medium 2 D2 7 0.0%
Medium 2 E2 1,154 1.4%
Medium 3 B3 1,770 2.2%
Medium 3 C3 9,069 11.2%
Medium 3 D3 70 0.1%
Low 3 E3 5,113 6.3%
Low 4 B4 4,549 5.6%
Low 4 C4 33,698 41.6%
Low 4 D4 301 0.4%
Low 4 E4 20,571 25.4%
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-41 Table 3.22: Pedestrian Access Route Barrier Summary by Rank: Crosswalks Rank Total Instances Percent of Total
High 452 9.7%
Medium 179 3.8%
Low 4,021 86.4%
Total 4,652 100.0%
Table 3.23: Pedestrian Access Route Barrier Summary by Rank and Category: Crosswalks Rank Category Priority Instances Percent of
Total
High 1 B1 42 0.9%
High 1 C1 173 3.7%
High 2 B2 38 0.8%
High 2 C2 199 4.3%
Medium 1 E1 52 1.1%
Medium 2 E2 127 2.7%
Low 5 B5 384 8.3%
Low 5 C5 2,293 49.3%
Low 5 D5 3 0.1%
Low 5 E5 1,341 28.8%
Transition Plan
3-42 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Table 3.24: Pedestrian Access Route Barrier Summary by Rank: Railroad Crossings Rank Total Instances Percent of Total
High 42 100.0%
Total 42 100.0%
Table 3.25: Pedestrian Access Route Barrier Summary by Rank and Category: Railroad Crossings Rank Category Priority Instances Percent of
Total
High 1 B1 8 19.0%
High 1 C1 31 73.8%
High 2 B2 1 2.4%
High 2 C2 2 4.8%
City of Santa Clara ADA Self-Evaluation & Transition Plan Map 4: Sidewalk Barrier Removal Projects: All
Barrier Removal Rank
• High • Medium • Low • No Deficiencies Identified
Context
Street Railroads Water Feature
-==:JMiles
0 0.5 1
Park October 2019
Transition Plan
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City of Santa Clara ADA Self-Evaluation & Transition Plan Map 5: Hazard Barrier Removal Projects: All
Barrier Removal Rank
• High • Medium • Low
Context
[:.~J City Boundary Street -+--+- Railroads Water Feature Park -==:J Miles
0 0.5 1
0 October 2019
Transition Plan
3-46 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft This page intentionally left blank
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City of Santa Clara ADA Self-Evaluation & Transition Plan Map 6: Crosswalk Barrier Removal Projects: All
Barrier Removal Rank
• High • Medium • No Deficiencies Identified
Context
[~:~J City Boundary Street -;.------ Railroads Water Feature Park ~ Miles
0 0.5 1
October 2019
Transition Plan
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City of Santa Clara ADA Self-Evaluation & Transition Plan Map 7: Railroad Crossing Barrier Removal Projects: All
Barrier Removal Rank
• High
Context
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-==:JMiles
0 0.5 1
0 October 2019
Transition Plan
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-51 Accessible Pedestrian Signals
Table 3.26: Accessible Pedestrian Signal Priority Matrix ADA 35.150(d) Geospatial Proximity Priorities*

A B C D E
Priorities
(Category)
Priority
Description
Location of Public
ADA Complaint
and/or Request from
a Qualified Individual
with a Disability
Location Serving
Government Offices &
Public Facilities
Location Serving
Transportation
Location Serving
Commercial Districts,
Employers
Location Serving
Other Areas
1 See
Category 1
Description
A1
(High Priority)
B1
(High Priority)
C1
(High Priority)
D1
(High Priority)
E1
(Medium Priority)
2 See
Category 2
Description
A2
(High Priority)
B2
(Medium Priority)
C2
(Medium Priority)
D2
(Medium Priority)
E2
(Medium Priority)
3 See
Category 3
Description
A3
(High Priority)
B3
(Medium Priority)
C3
(Medium Priority)
D3
(Medium Priority)
E3
(Low Priority)
4 No
deficiencies
identified
A4
(No Deficiencies)
B4
(No Deficiencies)
C4
(No Deficiencies)
D4
(No Deficiencies)
E4
(No Deficiencies)
*The priorities listed are specified under Title II 28 CFR Section 35.150 (d).

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3-52 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Accessible Pedestrian Signal Barrier Category Descriptions Category 1:

Accessible pedestrian signal is not provided.

Pedestrian crossing time is insufficient.

Category 2:

Level clear space at push button not provided.

Reach to push button from clear space is obstructed.

Operating force of pushbutton exceeds five pounds of force.

The pushbutton does not have a sign adjacent to or integral with the pushbutton.

Pushbutton sign does not clearly indicate which crosswalk signal is actuated.

Pushbutton pilot light (if applicable) does not activate.

A locator tone is not provided.

A tactile arrow is not provided.

Pushbutton locator tone activates at incorrect time.

Pushbutton locator tone duration and intensity needs
adjustment.

Audible features of accessible pedestrian signal need
adjustment.

Speech walk message of accessible pedestrian signal needs adjustment.

Extended pushbutton feature needs adjustment.

Pushbutton needs color coded identification above the
control button.

Category 3:

Pushbutton locator is more than 10 feet from curb,
shoulder, or pavement.

Pushbutton is further than five feet from the crosswalk line farthest from the intersection (when applicable).

Pushbutton height is not within range of 42 and 48 inches above the ground.

Pushbutton and arrow are not parallel with the direction of travel.

Distance between two pushbuttons on the same corner is
less than 10 feet.

Category 4:

No deficiencies identified.
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 3-53 Table 3.27: Pedestrian Signal Barrier Summary by Rank
Rank Total Instances Percent of Total
High 824 87.4%
Medium 119 12.6%
Total 943 100.0%
Table 3.28: Pedestrian Signal Barrier Summary by Rank and Category Rank Category Priority Instances Percent of
Total
High 1 B1 186 19.7%
High 1 C1 628 66.6%
High 1 D1 10 1.1%
Medium 1 E1 103 10.9%
Medium 2 C2 11 1.2%
Medium 2 D2 1 0.1%
Medium 2 E2 4 0.4%
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 3-57 On-Street Parking
Existing on-street parking spaces that were identified as accessible spaces were evaluated using the 2011 PROWAG and the 2014 CA MUTCD. The evaluation only included spaces located within commercial areas. On-street accessible parking facilities requested by individuals in residential areas are considered outside the scope77 of PROWAG R214 and were not evaluated.78 Furthermore, the evaluation did not include an evaluation of all marked or metered on-street spaces with regards to determining if designated accessible spaces are required to be provided as that was considered outside the scope of accessibility standards at the time the evaluation was conducted. The City identified 40 marked and metered designated accessible parking spaces located in commercial areas, which are summarized below and shown in Map 9.

Table 3.29: On-Street Parking Barrier Summary
Deficiency*
Number of
Parking Spaces
Percentage of
Parking Spaces
Deficiency with marked space length or width 10 25.0%
Deficiency with marked space length or width, sign
deficiency 4 10.0%
Deficiency with marked space length or width, sign
deficiency, missing access aisle 1 2.5%
Deficiency with marked space length or width,
markings deficiency** 5 12.5%
Sign deficiency 2 5%
Sign deficiency, Markings deficiency 1 2.5%
Missing access aisle 4 10.0%
Markings deficiency 2 5.0%
No deficiencies identified 11 27.5%
Total 40 100.0%
* Does not meet accessibility standards
**Includes missing or deteriorating ISA, blue curb markings, or access aisle striping 77 The Access Board was contacted in July of 2019 to clarify the scope of the on-street parking standards and whether the scope and technical standards apply to residential installations. The Access Board’s reply noted that in general the parking standards do not apply to residential areas but there are sometimes exceptions. 78 Fortyune v. City of Lomita, 766 F.3d 1098 (9th Cir. 2014) Transition Plan
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City of Santa Clara ADA Self-Evaluation & Transition Plan Map 9: On-Street Parking
Barrier Removal Rank
• Location of Designated Accessible On-Street Parking Space Context
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0 0 .5 1
October 2019
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 3-61 Schedule for Public Right-of-Way Improvements
The transition plan proposes an approach to identify specific practices and activities in each category of accessibility barriers identified to systematically remove barriers for the first 10 years of the Plan’s implementation. After the first 10 years of the Plan’s implementation, the City will perform an update to the Plan to assess the barriers removed, barriers remaining, and the priorities and schedule for removal of barriers in the subsequent timeframe.

Barriers will be removed through a variety of practices and activities such as new construction, roadway alterations, maintenance and repair projects, and policies or practices that specifically address the removal of accessibility barriers.

The first 10-year period of the Plan’s implementation emphasizes the removal of High Priority barriers according to the practices and activities described herein. Medium and low priority barriers will be addressed through the same mechanisms but will be scheduled on a project-by- project basis using the prioritization criteria. The Plan will also be administered on an ongoing basis to incorporate barrier removals within projects for new construction and alterations in the public right-of-way as they emerge. The City reserves the right to modify barrier removal priorities to allow flexibility in accommodating public requests and funding opportunities and constraints.

As part of this planning process a GIS inventory was developed of the barriers identified within the public right-of-way. The resulting GIS inventory is intended to be the Plan’s tracking tool for on-going planning and tracking of barriers removed under various activities and practices throughout the Plan’s implementation. The on-going planning and tracking will assist the City in moving towards a barrier free environment in the public right-of-way.

Current and Recent Public Right-of-Way Barrier Removal Projects Prior to and during the planning process for this Plan, the City has been actively engaged in barrier removal activities through Public Works Capital Improvement Projects. The following is a list of recent Capital Improvement Projects implemented by the Public Works Department within the Public Right-of-Way that were planned, started, or completed during development of this Plan that includes barrier removal activities:
2019 Pavement Rehabilitation Project
2020 Pavement Preservation Project
2020 Annual Street Maintenance and Rehabilitation Project 2021 Annual Street Maintenance and Rehabilitation Project 2022 Annual Street Maintenance and Rehabilitation Project 2023 Annual Street Maintenance and Rehabilitation Project Stevens Creek and Winchester Boulevards Resurfacing Project ADA Curb Ramps FY 2019-20 Project
2022 ADA Curb Ramps Project
2023 ADA Curb Ramps Project
Public Right-of-Way ADA Improvements Projects, Packages 1, 2, and 3 •
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3-62 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Santa Clara School Access Improvements Project
The above list should not be considered as comprehensive in listing all of the projects or activities that the City has engaged in towards removing barriers within the public right-of-way prior to or during development of this Plan, but rather should be considered as indicative of demonstrating City’s efforts towards removing barriers. The details of specific barriers removed under each project or activity are available within City’s records for each project or activity and are not specifically listed in this Plan. Planned, started, or completed projects or activities during the development of this Plan are incorporated into this Plan by reference. •
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 3-63 Curb Ramps and Crosswalks
The City currently has a variety of practices and activities in place that remove curb ramp and crosswalk barriers. The City will continue to implement and enhance these practices and activities to remove curb ramp and crosswalk barriers as follows:

The City currently has in place a pavement management program that schedules roadway rehabilitation and maintenance on an annual basis. Based on guidance published by the FHWA79, replacement of curb ramps is implemented as part of pavement projects based upon the type of pavement treatment involved. On average, over the recent past pavement projects completed prior to and concurrent with development of this Plan, an average of 40 to 60 curb ramps have been replaced annually through pavement projects. The City will continue to implement this practice and it is anticipated that up to 500 curb ramps may be replaced in the initial 10-years of this Plan through pavement maintenance projects, assuming replacement rates and funding remain consistent with recent past pavement projects and likewise that budgets and construction costs remain consistent; The City has historically implemented a stand-alone curb ramp project for annual or biennial implementation in its Capital Improvement Program. This curb ramp project has been able to implement approximately 20 to 30 high priority curb ramps per project depending upon the funding available. This City intends to continue to include this project in the Capital Improvement Program during the initial 10-years of this Plan. Depending upon the consistency of availability of funds for curb ramps, it is anticipated that up to 300 ramps may be installed or replaced during this 10-year time period assuming future budgets for this project remain consistent with recent past budgets and escalate with rising construction costs. The City intends that this stand-alone curb ramp project will continue to be focused on implementing high-priority curb ramps;
The City currently as part of its pavement management program evaluates the removal of crosswalk barriers on a project-by-project basis based upon the type of pavement maintenance work involved and the barrier(s) identified. For example, streets that are rehabilitated (e.g. reconstructed or resurfaced) and are therefore considered an alteration are evaluated for re-grading of the crosswalks. The City will continue to evaluate crosswalk barriers during the design of pavement rehabilitation projects and crosswalk barrier removals will be implemented to the maximum extent feasible; The City includes requirements within its Code of Ordinances and other rules and regulations that require public improvements for property development projects and building permits. These public improvements also include addressing accessibility barriers.

The City intends to continue enforcing these requirements. While it is impossible to predict the specific property development projects within the next 10-years, it is anticipated that 79 Department of Justice/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing <https://www.fhwa.dot.gov/civilrights/programs/ada/doj_fhwa_ta.cfm> and Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing <https://www.fhwa.dot.gov/civilrights/programs/ada/ada_resurfacing_qa.cfm> •
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3-64 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft barriers identified under the development of this Plan will be removed by non-City entities as part of property development activities.

Other actions the City will take include:

Develop standard operating practices that improve communications with other jurisdictions and outside entities regarding identified barriers along shared right-of-way facilities and enforcement of barrier removal responsibilities;
Develop and link maximum extent feasible (MEF) documentation to the crosswalk and curb ramp inventory and develop a process for recording this MEF documentation with any alterations or new construction;
The City will review locations where the curb ramp barrier inventory identifies the absence of a curb ramp at “T” intersections and evaluate location specific conditions, including parking, and pedestrian and traffic safety, and maximum extent feasible criteria to determine if a curb ramp at a “T” intersection is appropriate; o This Plan does not adopt a policy to place a curb ramp at every “T” intersection and inclusion of a curb ramps at “T” intersections will be evaluated on a case-by-case basis depending upon site specific considerations for evaluation by City staff; Update the City’s standard details and specifications for public works construction for curb ramps taking into consideration the recommendations identified during the self-evaluation process;
Street crossings involved in Capital Improvement Projects specifically for pedestrian access improvements, such as curb ramp or transportation projects, will be evaluated during the design of those projects and curb ramp and crosswalk barrier removals will be implemented based upon site-specific considerations and maximum extent feasible criteria on a case-by- case basis;
The City currently logs and tracks complaints and/or requests for curb ramps. This practice will continue, and complaints and/or requests will be addressed in accordance with the prioritization criteria and practices described in this Plan; City staff monitors and applies for grant opportunities. City staff will continue this practice and prioritize projects that implement curb ramp and pedestrian street crossing improvements when applying for grants if eligible under the specific grant. •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 3-65 Pedestrian Signals
In addition to curb ramps and pedestrian access routes, recipients and subrecipients of Federal Highway Administration funding are required to establish a reasonable and consistent policy for installing accessible pedestrian signals and pushbuttons (APS)80.

The City currently has a variety of practices and activities in place that improve pedestrian signals to remove accessibility barriers. The City will continue to implement and enhance these practices and activities to pedestrian signal accessibility barriers as follows, subject to funding availability:

All new pedestrian signals and pedestrian hybrid beacons will include an Accessible Pedestrian Signal (APS);
Activities that add pedestrian signals to existing signals will include APS; Activities that add or replace pedestrian push buttons to existing signals will include APS based on NCHRP Web-Only Document 150: Accessible Pedestrian Signals: A Guide to Best Practices (Workshop Edition 2010);
APS will be considered for installation on existing signals when requested by the public and based on NCHRP Web-Only Document 150: Accessible Pedestrian Signals: A Guide to Best Practices (Workshop Edition 2010);
Projects that significantly modify pedestrian signals, as determined by City staff, will include APS;
APS installed on existing signals as stand-alone focused activities will be per a priority ranking basis per the prioritization criteria contained within this Plan and within available funding;
As part of pavement maintenance and rehabilitation projects where curb ramps are involved at signalized intersections, the City’s historical practice has been to evaluate the pedestrian push buttons for placement in relation to the curb ramps and to improve pedestrian push buttons as needed to comply with accessibility guidelines. In recent past projects since 2019, the City has modified approximately 30 push button instances to remove barriers. The City will continue to implement this practice and it is anticipated that up to 100 push button instances will be addressed in the initial 10-years of this Plan through pavement maintenance projects, assuming rates remain consistent with recent past pavement project sand likewise budgets and construction costs remain consistent; Instances that can be improved with programming or modifications to existing equipment, such as length of crossing time, will be prioritized for improvement through operational practices and are expected to be fully accomplished within the initial 10-year period of this Plan;
Equipment that does not comply with accessibility criteria that becomes scheduled for replacement through routine operations and maintenance will be replaced with compliant equipment to the maximum extent feasible;
80 DOJ, Title II Regulations Subpart B § 28 CFR Part 35.130 and 35.160a(1) and Federal Transportation, Subpart A § 49 CFR Part 27.7(c)
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3-66 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft The City’s Capital Improvement Program has historically included projects for traffic signal improvements. Existing and future traffic signal Capital Improvement Projects following acceptance of this Plan will be evaluated to include improvement of accessibility elements of the signals to the maximum extent feasible and within available funding; The City’s Traffic Mitigation Fee (TMF), last updated in 2019, includes a project for Accessible Pedestrian Signals against which funds are collected as development projects are approved. City intends to continue to collect these TMF fees and include the APS project as one of the listed projects in the TMF and will implement installation of APS as funds become available. Based on historical and projected funding levels, it is anticipated that potentially 60 APS locations may be installed within the initial 10-year period of this Plan; City staff monitors and applies for grant opportunities. City staff will continue this practice and prioritize projects that implement pedestrian signal enhancements when applying for grants if eligible under the specific grant.
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Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 3-67 Pedestrian Access Routes
The City currently has a variety of practices and activities in place that improve pedestrian access routes to remove accessibility barriers. The City will continue to implement and enhance these practices and activities to remove address pedestrian access route barrier removals as follows:

The City has historically implemented a Capital Improvement Program project for curb, gutter, and sidewalk maintenance and repair. This program has been able to accomplish approximately an average of 130 locations annually. The City intends to continue to include this project in the Capital Improvement Program during initial 10 years of this Plan.

Depending upon the consistency of availability of funds, it is anticipated that up to 1,000 sidewalk location will be improved during this 10-year time period time period assuming future budgets remain consistent with recent past budgets and escalate with rising construction costs;
The City includes requirements within its Code of Ordinances and other rules and regulations that require public improvements for property development projects and building permits. These public improvements also include addressing accessibly barriers.

The City intends to continue enforcing these requirements. While it is impossible to predict the specific property development projects within the next 10-years, it is anticipated that barriers identified under the development of this Plan will be removed by non-City entities as part of property development activities;
The City adopted a Pedestrian Master Plan in 2019 that includes priorities for pedestrian focused transportation projects including accessibility projects. The City intends to continue to seek funding for the projects identified in the Pedestrian Master Plan and it is anticipated that accessibility barriers along pedestrian access routes identified under development of this Plan will be removed concurrently through Pedestrian Master Plan projects as funding becomes available;
Other actions the City will take include:

The curb, gutter, and sidewalk maintenance and repair program will be further evaluated following acceptance of this Plan for opportunities to include a component specifically focused on removing ADA barriers identified in this Plan beyond spot inspection and repairs and requests by the public. City employees responsible for the curb, gutter, and sidewalk maintenance and repair program will receive training to identify accessibility barriers during routine work duties ensuring that the identification of barriers is not a one-time snapshot in a City that is continually changing;
The City will evaluate practices to enhance its tracking of repairs under the curb, gutter, and sidewalk maintenance and repair program to incorporate the tracking of removal of accessibility barriers identified in this Plan;
Develop standard operating practices that improve communications with other jurisdictions and outside agencies, such as utility or transit entities, regarding identified barriers along shared right-of-way facilities;
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3-68 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft o Review the inventory of hazards for instances where City-owned or non-City utilities create an accessibility barrier such as utility cover openings, non-slip resistant covers, or obstructions to the clear width of the accessible route and coordinate activities to complete barrier removal activities by City or non-City entities; Within the City Code81, the responsibility for sidewalk maintenance and repair is placed upon abutting property owners consistent with section 5610 of the California Streets and Highways Code. The City has historically not enforced this ordinance and has instead provided the curb, gutter, and sidewalk maintenance and repair Capital Improvement Program project as a courtesy to the public. The City reserves the right to further explore changes to policies and practices to engage property owners in the maintenance of the sidewalks adjacent to their properties which may concurrently involve removal of accessibility barriers;
City staff monitors and applies for grant opportunities. City staff will continue this practice and prioritize projects that implement removal of accessibility barriers along pedestrian access routes when applying for grants if eligible under the specific grant. 81 Chapter 12.30 Sidewalks
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Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 3-69 On-street Parking
The barriers identified for on-street parking within the scope of this Plan include elements related to traffic striping and signs at existing marked on-street accessible parking areas. The City intends to implement on-street parking barrier removals as part of ongoing routine maintenance, or in conjunction with other projects, as follows:

Striping barriers identified at marked on-street accessible spaces will be re-striped per current accessibility standards as part of routine re-striping maintenance activities when the striping becomes due for replacement. Since a typical service life of striping ranges from between 3 to 7 years, it is anticipated that all on-street parking barriers due to striping will be addressed within the initial 10-years of this Plan through routine maintenance; Sign barriers identified at marked on-street accessible spaces will be replaced with signs per current accessibility standards as part of routine sign maintenance when the signs become due for replacement;
Marked or metered accessible on-street parking involved in Capital Improvement Projects, such as street resurfacing projects or facility projects involving path-of-travel improvements from the street, will be evaluated during the design of those projects and on-street parking barrier removals will be implemented as part of that specific project, to the maximum extent feasible and within funding availability for the project; While not examined within the scope of this Plan, based upon implications derived under the Fortyune v. City of Lomita case, the City will evaluate the number of marked on-street accessible spaces provided in relation to the number of marked on-street spaces provided within the first 10-years of this Plan. As part of this evaluation, the City will review and develop policies and practices related to accessibility for marked or metered on-street parking spaces. For example, the City may consider elements related to:
o Applying ratios of accessible spaces to total spaces as prescribed by the California Building Code for parking lots to marked or metered on-street spaces on a by street, by block, by area, by corridor, or by district basis;
o The technical accessibility standard to apply to marked on-street parking spaces, in the absence of a legally accepted technical standard;
The City includes requirements within the City Code and other rules and regulations that require public improvements for property development projects and building permits.

These public improvements also include addressing accessibility barriers. The City intends to continue enforcing these requirements. While it is impossible to predict the specific property development projects within the next 10-years, it is anticipated that the barriers identified under the development of this Plan will be removed by non-City entities as part of development activities.
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Barrier Removal Considerations for Plan Implementation
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 4-1 4 Barrier Removal Considerations for
Plan Implementation
Title II of the ADA requires a public entity to “operate each service, program or activity so that the program, activity, or service, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities.” This requirement does not:

Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;
Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or
Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program, activity, or service or impose undue financial and administrative burdens.

The City will accomplish barrier removals based on two strategies: policy and procedure modifications to remove programmatic barriers and maintenance and construction projects to remove structural barriers.

4.1 Triggers for Barrier Removal
The responsibility for ensuring barrier removal will reside with the City’s ADA Coordinator or designee. In compliance with the ADA, the City will maintain in working order features that are required to provide access to individuals with disabilities. There are two conditions that determine when barriers must be removed: to provide access to programs, activities, and services, and when a facility is altered.

Program Accessibility
A public entity must ensure that individuals with disabilities are not excluded from programs, activities, and services because existing buildings are inaccessible. A state or local government's programs, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as program accessibility, applies to facilities of a public entity that existed on or prior to January 26, 1992. Public entities do not necessarily have to make each of their existing facilities accessible (see Section 1 Discrimination and Accessibility).

As mandated by Title II of the ADA, this transition plan presents a schedule for removing facility barriers to accessing the City’s programs, activities, and services.

Facility Alterations
The City is also required to remove physical barriers when it alters a facility. Alterations are defined in the ADA standards (§106.5) as “a change in a building or facility that affects or could affect the usability of a building or facility or portion thereof.” Many types of projects are •
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Barrier Removal Considerations for Plan Implementation
4-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft considered alterations, including remodeling, renovation, rehabilitation, reconstruction, restoration, resurfacing of circulation paths or vehicular ways, and changes or rearrangement of structural parts, elements, or walls. Normal maintenance, reroofing, painting or wallpapering, or changes to mechanical and electrical systems are not considered alterations unless they affect a facility’s usability. For example, a project limited to an HVAC system that includes the addition of thermostats would affect a facility’s usability because it involves elements (operable parts) covered by the standards.

Both the ADA under Section 35.151 (b) Alterations and the CBC under 11B-202.4 Exception 4 specify that additional path of travel improvements are not required where alterations are performed solely for the purpose of barrier removal when undertaken pursuant to the requirements of the ADA or the accessibility requirements of the CBC.82 The standards ensure that opportunities for accessibility presented by an alteration are taken.

How and to what extent the standards apply is determined by the scope of a project and the elements and spaces altered. Only those elements or spaces altered are required to comply, but alterations made to areas containing a primary function (a major activity for which a facility is intended) also require an accessible path of travel.

When altering a primary function area, the ADA requires that existing barriers in the path of travel to this area must be removed to the maximum extent that is technically feasible. Path of travel elements include, but are not limited to, restrooms, doors, telephones, drinking fountains, and the route itself. The expense for making these additional elements accessible is considered disproportionate if it exceeds 20 percent of construction costs; therefore, the additional amount an agency is required to spend on construction costs for path of travel improvements would be a maximum of 20 percent. The following is a rank-ordered list of priorities for making improvements to path of travel element:

1. An accessible entrance;

2. An accessible route to the altered area;

3. At least one accessible restroom for each gender or a single gender-neutral restroom,

4. Accessible telephones;

5. Accessible drinking fountains; and

6. When possible, additional accessible elements such as parking, storage, and alarms.

The CBC does not allow this 20 percent ceiling if construction costs are greater than the current year’s valuation threshold. The 2023 valuation threshold is $195,358; however, this amount is subject to annual increases. If the construction budget exceeds the valuation threshold (computed over a three-year period), then all path of travel elements supporting the area of renovation are required to be made accessible regardless of cost. Therefore, the additional amount an agency is required to spend on construction costs for path of travel improvements is limited to 20 percent if construction costs are below the current valuation threshold. However, 82 See DOJ. State and Local Government Facilities: Guidance on the Revisions to 28 CFR 35.151 in Guidance on the 2010 ADA Standards for Accessible Design <https://www.ada.gov/law-and-regs/design-standards/standards- guidance/>
Barrier Removal Considerations for Plan Implementation
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 4-3 if construction costs exceed the valuation threshold, then all supporting path of travel elements need to be made accessible. Additional information about California’s valuation threshold is included in Section 6 of the Plan.

The City is not required to remove barriers identified within a City-owned facility as part of the transition plan:

Where programmatic modifications can be made to provide an equivalent experience; Where there are nearby and available equivalent accessible features; Where there are no public programs or activities provided at that portion of the site; or When safe harbor conditions are met.

It is also possible that an alteration is technically infeasible. Compliance for an alteration is not required where it is “technically infeasible.” The term is defined as “something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.”83 Where technical infeasibility is encountered, compliance is still required to the maximum extent technically feasible.84
Public Right-of-Way Alterations and New Construction
In an alteration or new construction project, the City must incorporate ADA accessibility standards to the maximum extent feasible.85 As part of the Plan’s implementation, the City should document all design exceptions.

When pre-ADA streets or sidewalks are altered, there may be space limitations that restrict how much they can be altered to install accessible curb ramps. In these cases, the curb ramps installed must meet the accessibility requirements of the ADA to the maximum extent feasible. Scoping requirements in the ADA Standards establish limitations for the running slope of the ramp run of curb ramps installed during alterations to pre-ADA streets and walkways.86
The Civil Rights Division recognizes that there will be very rare instances when it will be technically infeasible for a curb ramp installed during alterations to pre-ADA roadways and walkways to be constructed in full and strict compliance with the requirements of ADA Standards § 4.1.6(3)(a) and § 4.7 because of physical or site constraints. In such circumstances, state and local governments must install curb ramps that provide 83 Access Board. “Guide to the ADA Standards – Chapter 2: Alterations and Additions” https://www.access- board.gov/guidelines-and-standards/buildings-and-sites/about-the-ada-standards/guide-to-the-ada- standards/chapter-2-alterations-and-additions
84 DOJ. 2010 ADA Standards. 202.3 Alterations
85 DOJ, Title II Regulations Subpart D §35.151(b) Existing facilities 86 ADA Standards § 4.1.6(3)(a)
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4-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft accessibility to the maximum extent feasible.87 Before reaching a conclusion about technical infeasibility, state and local governments need to consider the extent to which physical or site constraints can be addressed by alternative curb ramp designs. The burden of proving technical infeasibility lies with the state or local government that constructed it.

When highways, streets, and roads are built or altered post-ADA, they must have curb ramps at certain locations. Curb ramps must be located wherever there are curbs or other barriers to entry from a pedestrian walkway or sidewalk, including any intersection where it is legal for a pedestrian to cross the street, whether or not there is any designated crosswalk. Curb ramps must also be located wherever there are curbs or other barriers to entry at any designated pedestrian crosswalks that are located mid- block. Likewise, when sidewalks or walkways are built or altered post-ADA, they must include curb ramps or other sloped areas wherever they intersect with highways, streets, or roads and pedestrians may legally cross the vehicular way as well as at public transportation stops.

By contrast, for pre-ADA highways, streets, roads, and sidewalks that have not been altered, state and local governments may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb. However, they are not necessarily required to do so. Under a more flexible standard called “program access,” alternative routes to buildings may be acceptable where people with disabilities must travel only a marginally longer route than the general public.
88 Roadway Alterations and Maintenance: Triggers for Barrier Removals The DOJ, in coordination with the U.S. Department of Transportation (DOT), specifies that public entities are required to provide curb ramps or upgrade curb ramps whenever roadways are altered. An alteration is a change that affects or could affect the usability of all or part of a building or facility.89 Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect.90 Maintenance activities on streets, roads, or highways, such as filling potholes, are not alterations91 and do not trigger barrier removal. The following list distinguishes between roadway alterations and maintenance activities based upon the joint DOJ/DOT guidance. 87 ADA Standards § 4.1.6(1)(j)2
88 https://www.ada.gov/pcatoolkit/chap6toolkit.htm
89 DOJ, Title II Regulations Subpart D § 35.151(b)(1) Alterations 90 2010 ADA Standards, 106.5
91 July 8, 2013 DOJ/Department of Transportation Joint Technical Assistance on the Title II of the Americans with Disabilities Act Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing
Barrier Removal Considerations for Plan Implementation
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 4-5 Alteration
Addition of new layer of asphalt
Cape seals
In-place asphalt recycling
Microsurfacing and thin-lift overlay
Mill and fill / mill and overlay
New construction
Open-graded surface course
Rehabilitation and reconstruction
Resurfacing of a crosswalk
Maintenance
Chip seals
Crack filling and sealing
Diamond grinding
Dowel bar retrofit
Fog seals
Joint crack seals
Joint repairs
Pavement patching
Painting or striping lanes
Scrub sealing
Slurry seals
Spot high-friction treatments
Surface sealing

4.2 Safe Harbor Provisions92
The 2010 Standards introduced the concept of safe harbor, a new exception that allows facilities built prior to March 15, 2012, that complied with the 1991 ADA Standards to remain as-is until a public entity plans an alteration to the structural feature. For example, the 1991 Standards allowed a maximum of 54 inches for side reach range, while the 2010 Standards lowered the side reach range to a maximum of 48 inches. Existing items, built prior to March 15, 2012, that are positioned at the 54-inch height would fall under the safe harbor provision until the time of planned alterations.93
This safe harbor is not a blanket exemption for facilities. If a public entity undertakes an alteration to a primary function area, only the required elements of a path of travel to that area that already comply with the 1991 Standards are subject to the safe harbor. If a public entity undertakes an alteration to a primary function area and the required elements of a path of travel to the altered area do not comply with the 1991 Standards, then the public entity must bring those elements into compliance with the 2010 Standards.
94 This exception applies to elements that might otherwise have to be modified under:

The program access requirement for public entities;
92 DOJ. “State and Local Government Facilities: Guidance on the Revisions to 28 CF” in Guidance on the 2010 ADA Standards for Accessible Design available at
https://www.ada.gov/regs2010/2010ADAStandards/Guidance2010ADAstandards.htm#titleII . 93 DOJ, Title II Regulations Subpart D § 35.150(b)(2)(i) Safe harbor. Elements that have not been altered in existing facilities on or after March 15, 2012, and that comply with the corresponding technical and scoping specifications for those elements in either the 1991 Standards or in the Uniform Federal Accessibility Standards. 94 DOJ, Title II Regulations Subpart D § 35.151(b)(4)(ii)(C) Path of travel--safe harbor •
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4-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft The readily achievable barrier removal requirements for places of public accommodation; or
The path of travel requirement for any alteration that affects the usability of a primary function area in any covered facility.

If a public entity constructed or altered required elements of a path of travel in accordance with the specifications in either the 1991 Standards or the Uniform Federal Accessibility Standards before March 15, 2012, the public entity is not required to retrofit such elements to reflect incremental changes in the 2010 Standards solely because of an alteration to a primary function area served by that path of travel.95 In California, the extent of required path of travel upgrades are subject to an annually adjusted valuation threshold based on the overall project cost of facility alterations regardless of federal safe harbor provisions.96 The 2010 Standards also identity structural elements that do not fall under the safe harbor provision. The following elements are not eligible for element-by-element safe harbor because technical or scoping specifications for them were not addressed in the 1991 ADA but were added as supplemental requirements prior to 2010.

Residential facilities dwelling units, Sections 233 and 809.

Amusement rides, Sections 234 and 1002; 206.2.9; 216.12.

Recreational boating facilities, Sections 235 and 1003; 206.2.10.

Exercise machines and equipment, Sections 236 and 1004; 206.2.13.

Fishing piers and platforms, Sections 237 and 1005; 206.2.14.

Golf facilities, Sections 238 and 1006; 206.2.15.

Miniature golf facilities, Sections 239 and 1007; 206.2.16.

Play areas, Sections 240 and 1008; 206.2.17.

Saunas and steam rooms, Sections 241 and 612.

Swimming pools, wading pools, and spas, Sections 242 and 1009.

Shooting facilities with firing positions, Sections 243 and 1010.

Miscellaneous:

Team or player seating, Section 221.2.1.4.

Accessible route to bowling lanes, Section 206.2.11.

Accessible route in court sports facilities, Section 206.2.12. 95 DOJ, Title II Regulations Subpart D § 35.150(b)(2)(ii) Safe Harbor 96 2020 CBC Chapter 2 Valuation Threshold
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4.3 Undue Burden
The City of Santa Clara is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its programs, activities, or services; would create a hazardous condition resulting in a direct threat to a program participant or others; or would represent an undue financial and administrative burden.

A determination of undue financial or administrative burden can only be made under specified circumstances and procedures and carries with it the obligation of taking other actions that would ensure, to the maximum extent possible, that individuals with disabilities receive the benefits and services of the program or activity.

4.4 Historic Buildings and Facilities
Alterations to a qualified historic building or facility must comply with the 2010 Standards and the 2019 CBC.97 A qualified historic property is one that is listed in or eligible for listing in the National Register of Historic Places or is designated as historic under state or local law.

Barrier removals at City historic properties should be done in full compliance with the alterations standards for other types of buildings to the maximum extent feasible. However, if following the usual standards would threaten or destroy the historic significance of a building or site feature, the following alternative standards (which provide a minimal level of access) may be used:

Require accessible routes from only one site access point (such as the parking lot).

Allow ramps steeper than ordinarily permitted.

Permit an accessible entrance that is not the one used by the general public.

Require only one accessible toilet, and allow it to be gender neutral.

Require accessible routes only on the level of the accessible entrance.

Locate displays and written information where they can be seen by a seated person. 97 DOJ, Title II Regulations Subpart D § 35.151(b) Alterations: ADAAG at 36 CFR part 1191; Section 4.1.7 Accessible Buildings: Historic Preservation; and CCR, Title 24, Part 8, 2016 California Historical Building Code •
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ADA Coordinator, Notice Policy, and Grievance Procedure City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 5-1 5 ADA Coordinator, Notice Policy, and
Grievance Procedure
Title II of the ADA requires a state or local government agency that employs 50 or more people to designate at least one employee, often referred to as the ADA Coordinator, to coordinate the City’s efforts to implement the Plan and provide the name, office address, and telephone number to staff and the public,98 give notice of the ADA’s requirements, and establish a grievance procedure.

5.1 ADA Coordinator Roles and Responsibilities
The ADA Coordinator is responsible for organizing and communicating the City’s efforts to comply with and fulfill its responsibilities under Title II of the ADA, as well as all other applicable state and federal laws. The ADA Coordinator’s responsibilities include investigating complaints that the City has engaged in any action prohibited by Title II. City is in the process of identifying an ADA Coordinator. The name, office address, and telephone number of the City’s ADA Coordinator must be provided to interested persons.

5.2 Notice Under the Americans with Disabilities Act
Title II regulations require the City to inform the public of the rights and protections provided by the ADA for access to public programs, activities, and services. It is the obligation of the head of the public entity to determine the most effective way of providing notice to the public about their rights and the public entity’s responsibilities under the ADA. Publishing and publicizing the ADA notice, such as the following example, is not a one-time requirement. Public agencies should provide the information on an ongoing basis and update the information whenever necessary. There are three main considerations for providing notice that should be considered by the City.

1. Who is the target audience for the ADA notice? The target audience for public notice includes applicants, beneficiaries, and other people interested in the City’s programs, activities, or services. The audience is expansive and includes everyone who interacts–or would potentially interact–with the City, such as a person who uses a trail or wants to participate in a meeting.

2. What information should the notice include? The notice is required to include relevant information regarding Title II of the ADA and how it applies to the City’s programs, activities, and services. An effective Notice Under the Americans with Disabilities Act would include brief statements about employment, effective communication; making 98 DOJ, Title II Regulations Subpart A § 35.107 Designation of responsible employee and adoption of grievance procedures
ADA Coordinator, Notice Policy, and Grievance Procedure 5-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft reasonable modifications to policies and programs; the availability of modifications or auxiliary aids and services without charge; how to file a complaint; and contact information for the ADA Coordinator.

3. Where and how should the notice be provided? The head of an agency or ADA Coordinator is obligated to determine the most effective ways of providing notice on an ongoing basis, to the public about their rights and the City’s responsibilities under the ADA. Examples of ways to provide notice to interested persons include: publish the notice on the City’s website, include the notice with job applications, and post the notice at all facilities. The information must be effectively communicated so that it is accessible to all.

Including a welcoming statement to members of the public with and without disabilities in general program brochures, other marketing literature, or web pages is not required by the ADA. However, a proactive statement (such as the following example for a recreation agency) offers a more direct and open approach toward the inclusion of people with disabilities in a public entity’s programs and creates greater awareness of its inclusive programs and services.

The City is committed to the spirit and intent of the Americans with Disabilities Act. We will make every effort to ensure that individuals of all abilities are fully included in all our programs, services, and facilities. For questions about our accessibility program or how we may best meet your needs in any of our programs, please call our ADA Coordinator at [contact information here].

A model notice for the Policy on Nondiscrimination on the Basis of Disability from the DOJ is on the following page.

ADA Coordinator, Notice Policy, and Grievance Procedure City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 5-3 Model Policy on Nondiscrimination on the Basis of Disability Based on the Model Notice Provided by the Department of Justice99:

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 programs, activities, or services.

Employment: The City of Santa Clara does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Santa Clara’s programs, services, and activities, including qualified sign language interpreters, documents in braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: 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, activities, and services. For example, individuals with service animals are welcomed in Santa Clara facilities, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Santa Clara, should contact the ADA Coordinator at (408) 615-3000 or by email at [email protected] as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City of Santa Clara to take any action that would fundamentally alter the nature of its programs or services or impose an undue financial or administrative burden.

Complaints that a program, service, or activity of City of Santa Clara is not accessible to persons with disabilities should be directed to the ADA Coordinator at (408) 615-3000 or by email at [email protected].

The City of Santa Clara will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. 99 The model notice and more details can be found at https://www.ada.gov/pcatoolkit/chap2toolkit.htm ADA Coordinator, Notice Policy, and Grievance Procedure 5-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft

5.3 ADA Grievance Procedure
Title II regulations also require the City to develop and publish grievance procedures to provide fair and prompt resolution of complaints under the administrative requirements of Title II of the ADA. The grievance procedure should include:

A description of how and where a complaint under Title II may be filed with the City; If a written complaint is required, a statement notifying potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative;
A description of the time frames and processes to be followed by the complainant and the City;
Information on how to appeal an adverse decision; and
A statement of how long complaint files will be retained.

The grievance procedure should be distributed to all department heads, posted in public spaces of public buildings in addition to the City’s website, and updated when the complaint procedure and/or the contact information for the ADA Coordinator is changed. In addition, the procedure must be available in alternative formats so it is accessible to all people with disabilities. The following is a model grievance procedure provided by the DOJ to assist in the development of the procedure.

Model Grievance Procedure under The Americans with Disabilities Act 100
This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Santa Clara. The City of Santa Clara's Personnel Policy governs employment-related complaints of disability discrimination. The City has adopted its own grievance procedures attached and incorporated herein as Attachment B. 100 The model grievance procedure and more details can be found at https://www.ada.gov/pcatoolkit/chap2toolkit.htm
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Definitions
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 6-1 6 Definitions
For the purpose of this document, the terms defined in this section have the indicated meaning. The meaning of terms not specifically defined here or in regulations issued by the DOJ and the U.S. Department of Transportation to implement the ADA101 or in referenced standards shall be as defined by collegiate dictionaries in the sense that the context implies.

Accessible. A site, building, facility, or portion thereof is deemed accessible when it is approachable and usable by persons with disabilities in compliance with technical standards adopted by the relevant Administrative Authority.

Accessible Route. A continuous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and usable by persons with other disabilities.

Interior accessible routes may include corridors, hallways, floors, ramps, elevators, and lifts.

Exterior accessible routes may include parking access aisles, curb ramps, crosswalks at vehicular ways, walks, ramps, and lifts.

Administrative Authority. A governmental agency that adopts or enforces regulations and guidelines for the design, construction, or alteration of buildings and facilities.

ADA Coordinator. The individual responsible for coordinating the efforts of the government entity to comply with Title II and investigating any complaints that the entity has violated Title II. Also known as Disability Access Manager or Accessibility Manager.

Alteration in the Public Right-of-Way. A change to an existing facility that affects or could affect pedestrian access, circulation, or use. Alterations include, but are not limited to, resurfacing, rehabilitation, reconstruction, historic restoration, or changes or rearrangement of structural parts or elements of a facility.

Auxiliary Aids and Services. Refers to ways to communicate with people who have communication disabilities such as blindness, vision loss, deafness, hearing loss, a combination of vision and hearing loss or speech or language disorders. The key to deciding what aid or service is needed to communicate effectively with people with disabilities and their companions is to consider the nature, length, complexity, and context of the communication as well as the person’s normal method(s) of communication. Auxiliary aids and services include the use of interpreters, notetakers, readers, assistive listening systems, captioning and TTYs or the provision of alternate formats such as braille, ASCII text, large-print format, recorded audio and electronic formats like CDs and DVDs.

Blended Transition. A raised pedestrian street crossing, depressed corners, or similar connections between the pedestrian access route at the level of the sidewalk and the level of the pedestrian street crossing that have a grade of five percent or less. 101 28 C.F.R. § 35.104 Definitions
Definitions
6-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Clear Floor or Ground Space. The minimum unobstructed floor/ground space required to accommodate a single, stationary wheeled mobility device and occupant. Clear floor/ground space provides a location for a wheeled mobility device user to approach and make use of an element.

Complaint. A complaint is a claimed violation of the ADA.

Cross Slope. The grade that is perpendicular to the direction of pedestrian travel. On a sidewalk, cross slope is measured perpendicular to the curb line or edge of the street or highway.

Curb Line. A line at the face of the curb that marks the transition between the curb and the gutter, street, or highway.

Curb Ramp. A ramp that cuts through or is built up to the curb. Curb ramps can be perpendicular or parallel, or a combination of parallel and perpendicular ramps.

Disability. The term disability means, with respect to an individual:

A physical or mental impairment that substantially limits one or more of the major life activities of such individual;
Having a record of impairment; or
Being regarded as having a disability or such impairment.

Discrimination on the Basis of Disability. Discrimination on the basis of disability means to:

Limit, segregate, or classify a citizen in a way that may adversely affect opportunities or status because of the person's disability.

Limit, segregate, or classify a participant in a program or activity offered to the public in a way that may adversely affect opportunities or status because of the participant's disability.

Participate in a contract that could subject a qualified citizen with a disability to discrimination.

Use any standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability.

Deny equal benefits because of a disability.

Fail to make reasonable modifications to known physical or mental limitations of an otherwise qualified individual with a disability unless it can be shown that the modification would impose an undue burden on the City’s operations.

Use selection criteria that exclude otherwise qualified people with disabilities from participating in the programs or activities offered to the public.

Fail to use tests, including eligibility tests, in a manner that ensures that the test results accurately reflect the qualified applicant's skills or aptitude to participate in a program or activity.

Effective Communication. Communication with people who have vision, hearing, and/or speech disabilities is equally effective as communication with people without disabilities. •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 6-3 Element. An architectural or mechanical component of a building, facility, space, site, or public right-of-way.

Facility. All or any portion of buildings, structures, improvements, elements, and pedestrian or vehicular routes located in the public right-of-way.

Fundamental Alteration. A modification that is so significant that it alters the essential nature of the goods, services, facilities, privileges, advantages, or accommodations offered. If a public entity can demonstrate that the modification would fundamentally alter the nature of its program, activity, or service, it is not required to make the modification. If a public accommodation (private entity) can demonstrate that a modification would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations it provides, it is not required to make the modification.

Grade. The degree of inclination of a surface. See Slope. In public right-of-way, grade is the slope parallel to the direction of pedestrian travel.

Grade Break. The line where two surface planes with different grades meet.

Having a Record of Impairment. An individual is disabled if he or she has a history of having an impairment that substantially limits the performance of a major life activity; or has been diagnosed, correctly or incorrectly, as having such impairment.

International Symbol of Accessibility (ISA). The ISA is recognized worldwide as a symbol identifying accessible elements and spaces. Standards issued under the ADA and ABA reference and reproduce the ISA to ensure consistency in the designation of accessible elements and spaces. Uniform iconography promotes legibility, especially for people with low vision or cognitive disabilities. Guidance on use of the ISA under the ADA and the ABA is available at https://www.access-board.gov/files/ada/guides/ISA-guidance.pdf.

Maintenance. Routine or periodic repair of all pedestrian facilities to restore them to the standards to which they were originally designed and built. Maintenance does not change the original purpose, intent, or design of public sidewalks, shared-use paths, curb ramps, crosswalks, pedestrian islands, or other public walkways.

Maximum Extent Feasible. Applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible.

Operable Part. A component of an element used to insert or withdraw objects, or to activate, deactivate, or adjust the element. The technical requirements for operable parts apply to operable parts on accessible pedestrian signals and pedestrian pushbuttons and parking meters and parking pay stations that serve accessible parking spaces.

Other Power-Driven Mobility Device (OPDMD). An OPDMD is any mobility device powered by batteries, fuel, or other engines that is used by individuals with mobility disabilities for locomotion and designed to operate in areas without defined pedestrian routes.

Definitions
6-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Path of Travel. An identifiable accessible route within an existing site, building, or facility by means of which a particular area may be approached, entered and exited, and which connects a particular area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility. When alterations, structural repairs, or additions are made to existing buildings or facilities, the term “path of travel” also includes the toilet and bathing facilities, telephones, drinking fountains, and signs serving the area of work.

Pedestrian Access Route. A continuous and unobstructed path of travel provided for pedestrians with disabilities within or coinciding with a pedestrian circulation path in the public right-of-way.

Pedestrian Circulation Path. A prepared exterior or interior surface provided for pedestrian travel in the public right-of-way
Physical or Mental Impairments. Physical or mental impairments may include, but are not limited to, vision, speech and hearing impairments; emotional disturbance and mental illness; seizure disorders; mental retardation; orthopedic and neuromotor disabilities; learning disabilities; diabetes; heart disease; nervous conditions; cancer; asthma; Hepatitis B; HIV infection (HIV condition); and drug addiction, if the addict has successfully completed or is participating in a rehabilitation program and no longer uses illegal drugs.

The following conditions are not physical or mental impairments: transvestitism; illegal drug use; homosexuality or bisexuality; compulsive gambling; kleptomania; pyromania; pedophilia; exhibitionism; voyeurism; pregnancy; height; weight; eye color; hair color; left-handedness; poverty; lack of education; a prison record; and poor judgment or quick temper, if not symptoms of a mental or physiological disorder.

Primary Function. A major activity for which a facility is intended. Areas that contain a primary function include, but are not limited to, the dining area of a cafeteria, the meeting rooms in a conference center, or offices and other work areas in which the activities of the public entity using a facility are carried out.

Program Accessibility. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities.

Public Entity. Any state or local government; any department, agency, special-purpose district, or other instrumentality of a state or local government.

Public Right-of-Way. Public land or property, usually in interconnected corridors, that is acquired for or dedicated to transportation purposes.

Qualified Historic Facility. A facility that is listed in or eligible for listing in the National Register of Historic Places or designated as historic under an appropriate state or local law.

Qualified Individual with a Disability. A qualified individual with a disability means an individual with a disability who–with or without reasonable modification to rules, policies, or practices; the removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services–meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the City.

Definitions
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 6-5 Reasonable Modification. A public entity must modify its policies, practice, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of its service, program, or activity.

Reasonable Modification. A public entity must modify its policies, practice, or procedures to avoid discrimination unless the modification would fundamentally alter the nature of its service, program, or activity. An example of a reasonable modification is to permit the use of service animals by an individual with a disability at facilities that generally prohibit animals.

Regarded as Having a Disability. An individual is disabled if she or he is treated or perceived as having an impairment that substantially limits major life activities, although no such impairment exists.

Running Slope. The grade that is parallel to the direction of pedestrian travel.

Scoping. Requirements that specify what features are required to be accessible and, where multiple features of the same type are provided, how many of the features are required to be accessible.

Service Animal. Service animals are dogs (and in certain circumstances, miniature horses) that are individually trained to perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheeled mobility device, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post-Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Additional guidance on service animals can be found in the resources section of the Plan.

Title II regulations now include the following assessment factors to assist public entities in determining whether miniature horses can be accommodated as service animals in their facilities:

The miniature horse is housebroken;
The miniature horse is under the owner’s control;
The facility can accommodate the miniature horse’s type, size, and weight; and The miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

Slope. Ground surface that forms a natural or artificial incline. Slope is typically written as either a percentage or a ratio that represents the change in elevation between two points of an incline divided by the horizontal distance between the two points.

Cross Slope. The slope perpendicular to the direction of travel.

Running Slope. The slope parallel to the direction of travel.

Compound Slope. A slope composed of two or more separate slopes with different grade angles.
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6-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Substantial Limitations of Major Life Activities. An individual is disabled if she or he has a physical or mental impairment that (a) renders her or him unable to perform a major life activity, or (b) substantially limits the condition, manner or duration under which she or he can perform a particular major life activity in comparison to other people.

Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

In determining whether physical or mental impairment substantially limits the condition, manner, or duration under which an individual can perform a particular major life activity in comparison to other people, the following factors shall be considered:

The nature and severity of the impairment.

The duration or expected duration of the impairment.

The permanent or long-term impact (or expected impact) of or resulting from the impairment.

Technical Standards. Requirements that establish the design criteria for accessible features, including the specific numbers, conditions, and measurements that are required.

Technically Infeasible. With respect to an alteration of a building or a facility, an action that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements.

Where technical infeasibility is encountered, compliance is still required to the maximum extent technically feasible.

Telecommunications Device for the Deaf (TDD). A telecommunications device for the deaf (TDD) is an electronic device for text communication via a telephone line, used when one or more of the parties has hearing or speech difficulties. Other names for TDD include TTY.

Telecommunications Relay Service (TRS) or 711. Reached by calling 711, the free, nationwide telecommunications relay service uses communications assistants who serve as intermediaries between people who have hearing or speech disabilities that use a text telephone (TTY) or text messaging and people who use standard voice telephones. The communications assistant tells the telephone user what the other party is typing and types to tell the other party what the telephone user is saying. TRS also provides speech-to-speech transliteration for callers who have speech disabilities.

Text Telephone (TTY). Teletypewriters or text telephones have a keyboard and a visual display for exchanging written messages over the telephone. The ADA established a free, nationwide relay network to handle voice-to-TTY and TTY-to-voice calls, which is reached by calling 711.

TTY is a more general term for teletypes but is often referred to as TDD.

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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 6-7 Video Relay Service (VRS). Video relay service (VRS) is a free, subscriber-based service for people who use sign language and have videophones, smart phones, or computers with video communication capabilities. For outgoing calls, the subscriber contacts the VRS interpreter, who places the call and serves as an intermediary between the subscriber and a person who uses a standard voice telephone. The interpreter tells the telephone user what the subscriber is signing and signs to the subscriber what the telephone user is saying.

Wheeled Mobility Device. A manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or both indoor and outdoor locomotion. Also referred to as a manual wheelchair, a power wheelchair, an electric scooter, or an electric bicycle.

Definitions
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Resources
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 7-1 7 Resources

7.1 Federal, State, and Local Laws, Standards, and
Ordinances
The following are resources for state and federal regulations for accessible facilities.

U.S. Department of Justice, Civil Rights Division, Disability Rights Section The U.S. Department of Justice provides many free ADA materials including the Americans with Disability Act (ADA) text. Printed materials may be ordered by calling the ADA Information Line [(800) 514-0301 (Voice) or (800) 514-0383 (TTY)]. Publications are available in standard print as well as large print, audiotape, braille, and computer disk for people with disabilities.

Documents, including the following publications, can also be downloaded from the Department of Justice website.
http://www.ada.gov/
Americans with Disabilities Act (ADA) Title II Regulations: Nondiscrimination on the Basis of Disability in State and Local Government Services. 2010. https://www.ada.gov/regs2010/titleII_2010/titleII_2010_regulations.pdf 2010 ADA Standards for Accessible Design. 2010.
www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm Title II Technical Assistance Manual (1993) and Yearly Supplements. http://www.ada.gov/taman2.html
Accessibility of State and Local Government Websites to People with Disabilities. 2003. https://www.ada.gov/websites2.htm
ADA Best Practices Tool Kit for State and Local Governments. 2008. https://www.ada.gov/pcatoolkit/abouttoolkit.htm
ADA Guide for Small Towns. 2000.
http://www.ada.gov/smtown.htm
The ADA and City Governments: Common Problems. 2000.
http://www.ada.gov/comprob.htm
ADA Requirements: Effective Communication. 2014.
https://www.ada.gov/effective-comm.htm
ADA Requirements: Service Animals. 2010.
https://www.ada.gov/service_animals_2010.htm
ADA Information for Law Enforcement. 2008.
http://www.ada.gov/policeinfo.htm
Commonly Asked Questions About the ADA and Law Enforcement. 2006. http://www.ada.gov/q&a_law.htm
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7-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Communicating with People Who are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers. 2006.
http://www.ada.gov/lawenfcomm.htm
Model Policy for Law Enforcement on Communicating with People Who are Deaf or Hard of Hearing. 2006.
http://www.ada.gov/lawenfmodpolicy.htm
Questions and Answers: The ADA and Hiring Police Officers. 1997. http://www.ada.gov/copsq7a.htm
ADA Requirements: Wheelchairs, Mobility Aids and Other Power-Driven Mobility Devices. 2014. https://www.ada.gov/opdmd.htm
An ADA Guide for Local Governments: Making Community Emergency Preparedness and Response Programs Accessible to People with Disabilities. 2008. https://www.ada.gov/emergencyprepguide.htm
Access for 9-1-1 and Telephone Emergency Services. 1998. http://www.ada.gov/911ta.htm
The Americans with Disabilities Act and Other Federal Laws Protecting the Rights of Voters with Disabilities. 2014.
https://www.ada.gov/ada_voting/ada_voting_ta.htm
ADA Checklist for Polling Places. 2016.
https://www.ada.gov/votingchecklist.htm#toc1
U.S. Access Board—Architectural and Transportation Barriers Compliance Board The full texts of federal laws and regulations that provide the guidelines for the design of accessible facilities and programs are available from the U.S. Access Board. Single copies of publications are available for free and can be downloaded or ordered by completing a form available on the Access Board’s website. In addition to regular print, publications are available in large print, disk, audiocassette, and braille.
http://www.access-board.gov/
ADA and ABA Accessibility Guidelines (ADAAG), (36 CFR Parts 1190 and 1191). Final Rule published in the Federal Register, July 23, 2004; as amended through May 7, 2014. https://www.access-board.gov/attachments/article/412/ada-aba.pdf Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities; Architectural Barriers Act (ABA) Accessibility Guidelines, Correction. Final Rule published in the Federal Register, November 12, 2013.
https://www.federalregister.gov/documents/2013/11/12/2013-26780/americans-with- disabilities-act-ada-accessibility-guidelines-for-buildings-and-facilities Architectural Barriers Act (ABA). Pub. L. 90–480 (42 U.S.C. §§4151 et seq.). 1968. https://www.access-board.gov/the-board/laws/architectural-barriers-act-aba •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 7-3 Architectural Barriers Act Accessibility Guidelines; Outdoor Developed Areas (). Final Rule published in the Federal Register, September 26, 2013. https://www.access-board.gov/guidelines-and-standards/recreation-facilities/outdoor- developed-areas
Electronic and Information Technology Accessibility Standards; (36 CFR Part 1194). Final Rule published in the Federal Register, December 21, 2000. https://www.access-board.gov/attachments/article/523/508standards(1).pdf Guidance on Use of the International Symbol of Accessibility Under the Americans with Disabilities Act and the Architectural Barriers Act. 2017. https://www.access-board.gov/attachments/article/1898/ISA-guidance.pdf Information and Communication Technology (ICT) Final Standards and Guidelines (36 CFR Parts 1193 and 1194). Final Rule published in the Federal Register, January 18, 2017. https://www.access-board.gov/attachments/article/1877/ict-rule.pdf Outdoor Developed Areas: A Summary of Accessibility Standards for Federal Outdoor Developed Areas. May 2014.
https://www.access-board.gov/attachments/article/1637/outdoor-guide.pdf Telecommunications Act Accessibility Guidelines. Final Rule published in the Federal Register, February 3, 1998.
https://www.access-board.gov/attachments/article/1067/255rule.pdf Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way. 2011. https://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public- rights-of-way/proposed-rights-of-way-guidelines
State of California
Department of General Services, California Building Standards Commission. California Building Standards Code (California Code of Regulations, Title 24). 2019. http://www.bsc.ca.gov/Codes.aspx
The State of California has also adopted a set of design guidelines for accessible facilities, which can be found in the California Code of Regulations, Title 24, Part II, California Building Standards Code (CBC). CBC contains general building design and construction requirements relating to fire and life safety, structural safety, and access compliance. CBC provisions provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, and location and maintenance of all buildings and structures and certain equipment. Although California has adopted most of the ADAAG requirements, there are some differences. In general, the more restrictive requirement (whether federal or state) should be applied when designing accessible facilities. The complete Title 24 or any of its parts is available for purchase from the International Code Council (ICC), 5360 Workman Mill Road, Whittier, CA 90601, (800) 423-6587, (http://www.iccsafe.org) or at various bookstores that carry technical books. The CBC is updated every three years and an ongoing program of •
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7-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft regularly reviewing these changes and updating policies and procedures related to accessibility to keep them current is recommended.

Department of Parks and Recreation. California State Parks Accessibility Guidelines. 2015.
http://www.parks.ca.gov/pages/1008/files/2015_california_state_parks_accessibility_g uidelines.pdf
The Accessibility Guidelines are intended as a reference manual and department policy on accessible design that provide guidance for common uses in the State Park System.

They are utilized in planning and implementing regular maintenance activities, construction projects, and in the development of presentations, publications, exhibits, new programs and special events. The Accessibility Guidelines are authorized for use throughout California State Parks, including the Off Highway Motor Vehicle Recreation Division, the Division of Boating and Waterways, concessionaires, cooperating associations and locally operated parks.
o Division of State Architect (DSA). 2019 California Access Compliance Advisory Reference Manual. 2019.
https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List- Folder/Access-Compliance-Reference-Materials
The purpose of this book of regulations and statutes together is to clarify the obligations for architectural accessibility in California. o 2023 Valuation Threshold for Alterations, Structural Repairs or Additions to Existing Buildings
https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List- Folder/Access-Compliance-Reference-Materials
The annual valuation threshold is based on the January 1981 threshold of $50,000.00 as adjusted using the ENR 20 Cities Construction Cost Index, and as published by Engineering News-Record, McGraw-Hill Publishing Company, for January of each year. In accordance with the 2019 CBC Chapter 2 definition of VALUATION THRESHOLD, the 2023 valuation threshold is $195,358 and will be updated again in January 2024.
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 7-5

7.2 National and California Organizations Supporting People with Disabilities
Access Northern California
Access Northern California is an online resource that provides information on the accessibility of outdoor recreation opportunities. The site provides links to locations around Northern California and descriptions of existing conditions to help inform potential users of what they can expect at the location.
www.accessnca.org
The Arc
The Arc (formerly Association for Retarded Citizens of the United States) is the country's largest voluntary organization committed to the welfare of all children and adults with mental retardation and their families.
http://www.thearc.org
American Association of People with Disabilities
The American Association of People with Disabilities is the largest nonprofit, nonpartisan, cross- disability organization in the United States.
http://www.aapd.com/
American Council of the Blind (ACB)
ACB is a national organization advocating on behalf of persons who are blind or have low vision. http://www.acb.org/.

American Foundation for the Blind (AFB)
AFB is committed to improving accessibility in all aspects of life—from cell phones to ATMs, on web sites, and in workplaces. Services include assistance in making products and services accessible to people with visual impairments. AFB offers expert consulting services and accessible media production. AFB provides objective product evaluations of adaptive technologies through its assistive technology product database. http://www.afb.org/
Resources
7-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft Center for Independence (CFI)
CFI serves as a resource for individuals with disabilities to fully access and participate in the community through outreach, advocacy, and independent living skills development. The organization is a resource for senior citizens with senior-related disabilities as well and serves people in Island, Pierce, San Juan, Skagit, Snohomish, Thurston, South King, and Whatcom counties. It is also a member of the Association of Centers for Independent Living in Washington (ACIL-WA).
http://www.cfisouth.org/index.html
Center on Technology and Disability
Funded by the US Department of Education's Office of Special Education Programs, the Center on Technology and Disability provides a wide range of resources on assistive technology, from introductory fact sheets and training materials to in-depth discussion of best practices and emerging research.
http://www.ctdinstitute.org/
Institute for Human Centered Design
The Institute (formerly known as Adaptive Environments) is a non-profit organization committed to advancing the role of design in expanding opportunity and enhancing experience for people of all ages and abilities. The organization provides education and consultation to public and private entities about strategies, precedents and best practices that go beyond legal requirements for human centered design for places, things, communication and policy that integrate solutions with the reality of human diversity. http://humancentereddesign.org/
National Association of the Deaf (NAD)
NAD is a national consumer organization representing people who are deaf and hard of hearing. NAD provides information about standards for American Sign Language Interpreters and the Captioned Media Program on its website.
http://www.nad.org/
National Federation of the Blind (NFB)
NFB is a national organization advocating on behalf of persons who are blind or have low vision.

NFB provides on-line resources for technology for the blind, including a technology resource list, a computer resource list, screen access technology, sources of large print software for computers, and sources of closed circuit TV (CCTV).
http://www.nfb.org/
Resources
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 7-7 National Organization on Disability
National Organization on Disability promotes the full and equal participation and contribution of America's 54 million men, women, and children with disabilities in all aspects of life. NOD maintains an on-line directory of information and links including transportation-related resources.
http://www.nod.org/
Office of Disability Employment Policy
Online resources list for a variety of disability topics including benefits, civil rights, community life, education, employment, emergency preparedness, health, housing, technology, and transportation.
https://www.dol.gov/odep/topics/disability.htm
Outdoors for All Foundation
Based out of Seattle, the Outdoors for All Foundation transforms lives through outdoor recreation as a national leader in delivering adaptive and therapeutic recreation for children and adults with disabilities. The organization enriches the lives of individuals with disabilities and helps them to get out and enjoy the great outdoors. Outdoors for All’s programs include snowboarding, snowshoeing, cross country and downhill skiing, cycling, hiking, yoga, kayaking, day camps, rock-climbing, camping, and custom events.
https://outdoorsforall.org/
Pacific ADA Center,
The ADA National Network Centers are a national platform of ten centers comprised of ADA professionals and experts charged with assisting businesses, state and local governments, and people with disabilities as they manage the process of changing our culture to be user friendly to disability and the effect the variety of health conditions can have on society. http://www.adapacific.org/
Paralyzed Veterans of America (PVA)
PVA is a national advocacy organization representing veterans. PVA’s Sports and Recreation Program promotes a range of activities for people with disabilities, with special emphasis on activities that enhance lifetime health and fitness. PVA’s website provides information on useful sports publications and a list of contacts.
http://www.pva.org
Resources
7-8 | City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft TDI Online
TDI’s mission is to promote equal access in telecommunications and media for people who have hearing loss, are deaf, late deafened, or deaf blind. TDI encourages accessible applications of existing and emerging technologies in all sectors of the community; advises on promoting the uniformity of standards for telecommunications and media technologies; and networks and collaborates with other disability organizations, government, industry, and academia. http://www.tdi-online.org/
United Cerebral Palsy Association (UCP)
UCP's mission is to advance the independence, productivity and full citizenship of people with cerebral palsy and other disabilities, through a commitment to the principles of independence, inclusion, and self-determination. UCP’s Sports and Leisure Channel is designed for people with disabilities who are interested in sports and other leisure activities and proposes creative ideas for inclusive community recreation programs, including outdoor adventure activities for people with disabilities. Information about the Sports and Leisure Channel is available on UCP’s website.
http://www.ucp.org
United Spinal Association
United Spinal Association is a membership organization serving individuals with spinal cord injuries or disease. Formerly known as the Eastern Paralyzed Veterans Association, the organization expanded its mission to serve people with spinal cord injuries or disease regardless of their age, gender or veteran status. Information on accessibility training and consulting services and recreational opportunities for people with spinal cord injuries or disease is available on their website.
http://www.unitedspinal.org
World Institute on Disability
WID is an international public policy center dedicated to carrying out research on disability issues. WID maintains an online information and resource directory on technology, research, universal design, and ADA.
http://www.wid.org/resources/
Resources
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Public Review Draft | 7-9

7.3 Local Resources for People with Disabilities
AbilityPath
Offers educational, therapeutic,
recreational, and vocational experiences to
people with developmental disabilities.
https://abilitypath.org/
Phone: (650) 259-8500
Children’s Health Council
Provides education and mental health
services to children, teens, and young
adults.
http://www.chconline.org/
Phone: (650) 326-5530
HOPE Services
Provides services to people with
developmental disabilities and mental
health needs.
http://www.hopeservices.org/
Phone: (408) 284-2850
NAMI of Santa Clara County
Provides support and resources to people
with mental illness and their families.
http://www.namisantaclara.org/
Phone: (408) 453-0400
San Andreas Regional Center
Provides case management and community
services to people with developmental
disabilities in Santa Clara County.
https://www.sanandreasregional.org/
Phone: (408) 374-9960
Silicon Valley Council of the Blind
Local chapter of California Council of the
Blind provides support for persons with
vision loss.
http://www.svcb.cc/
Phone: (888) 652-5333
Silicon Valley Independent Living
Center
Provides residents with support tools and
resources needed to live interdependently.
http://www.svilc.org/
Phone: (408) 894-9041
TTY: (669)231-4793
Sourcewise
Provides services and support to seniors in
Santa Clara County
http://www.mysourcewise.com/
Phone: (408) 350-3200
Vista Center for the Blind and
Visually Impaired
Provides services and support to people
who are blind or visually impaired in Santa
Clara county
https://www.vistacenter.org/
Palo Alto Phone: (650) 858-0202
San Jose Phone: (408) 295-4016
Resources
City of Santa Clara, ADA Self-Evaluation and Transition Plan – Draft | 7-10

7.4 Guidance Documents and Articles – Creating
Accessible Documents
Adobe Software Suite Accessibility by Product
Documentation for the development of accessible digital content using Adobe products such as Acrobat, InDesign, and Illustrator.
https://www.adobe.com/accessibility/products.html
American Council of the Blind (ACB)
Best Practices and Guidelines for Large Print Documents used by the Low Vision Community. 2011. http://acb.org/large-print-guidelines
Braille Authority of North America and the Canadian Braille Authority Guidelines and Standards for Tactile Graphics (Web Version). 2012. http://www.brailleauthority.org/tg/web-manual/tgmanual.html GSA Government-wide Section 508 Accessibility Program
Create Accessible Electronic Documents (a compilation of federal guidance, checklists, and testing information for creating and maintaining accessible documents in various popular electronic formats, including Word, PDF, Excel, and PowerPoint). https://www.section508.gov/content/build/create-accessible-documents Guidance from the Accessible Electronic Document Community of Practice (AED COP) on creating and testing accessible Microsoft Word documents includes:

Section 508 Basic Authoring and Testing Guides, MS Word 2010 and MS 2013. 2015. https://www.section508.gov/content/build/create-accessible-documents Basic Authoring and Testing Checklists, MS Word 2010 and MS 2013. 2015. https://www.section508.gov/content/build/create-accessible-documents Baseline Tests for Accessible Electronic Documents—MS Word 2010 and MS 2013. 2015. https://www.section508.gov/content/build/create-accessible-documents Microsoft 365 Excel, Word, and Outlook Files
Accessibility checker. https://support.microsoft.com/en-us/office/improve-accessibility-with- the-accessibility-checker-a16f6de0-2f39-4a2b-8bd8-5ad801426c7f#bkmk_while Microsoft 365 PowerPoint
Best practices. https://support.microsoft.com/en-us/office/make-your-powerpoint- presentations-accessible-to-people-with-disabilities-6f7772b2-2f33-4bd2-8ca7-dae3b2b3ef25 •
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City of Santa Clara, ADA Self-Evaluation and Transition Plan – ADMIN Draft | 7-11

7.5 Guidance Documents and Articles—Web Design
State of California
In 2017, the California Legislature signed into law Assembly Bill 434, Chapter 780, which requires state agencies and entities to post on their websites a certification that their websites meet the Web Content Accessibility Guidelines 2.0 Level AA, or subsequent version, and Section 508 of the Rehabilitation Act.

W3C Web Accessibility Initiative https://www.w3.org/WAI/standards-guidelines/wcag/ California web standards: https://webstandards.ca.gov/accessibility/ National Center for Accessible Media (NCAM)
NCAM is a research and development facility dedicated to addressing barriers to media and emerging technologies for people with disabilities in their homes, schools, workplaces, and communities. NCAM is part of the Media Access Group at Boston public broadcaster WGBH, which includes two production units, The Caption Center and Descriptive Video Service® (DVS®). Tools and guidelines for creating accessible digital media can be found on the NCAM website.
https://www.wgbh.org/foundation/ncam/guidelines/accessible-digital-media-guidelines Utah State University, Center for Persons with Disabilities, WebAIM WebAIM (Web Accessibility in Mind) is a non-profit organization based at the Center for Persons with Disabilities at Utah State University that has provided comprehensive web accessibility solutions since 1999. Documents and training materials, including the following publications, can be downloaded from the WebAIM website. http://www.webaim.org/
Color Contrast Checker. https://webaim.org/resources/contrastchecker/ Web Accessibility Evaluation Tool (WAVE). http://wave.webaim.org/ WCAG 2 Checklist. https://webaim.org/standards/wcag/checklist Web Accessibility for Designers. https://webaim.org/resources/designers/ U.S. General Services Administration (GSA), Technology Transformation Services The GSA provides a guide for embedding accessibility into web development. The Accessibility for Teams tool describes many different inclusive website design practices, providing both a framework for understanding website accessibility as well as design strategies and resources (https://accessibility.digital.gov/).
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7.6 Training Resources
ADA Coordinator Training Certificate Program
2020. https://www.adacoordinator.org/default.aspx
ADA National Network
2020. https://adata.org/ada-training
Great Lakes ADA Center
2020. http://www.adagreatlakes.org/ProgramsAndServices/Trainings/ United States Access Board
2020. https://www.access-board.gov/training
Southeast ADA Center
2020. http://adasoutheast.org/training/courses.php
8 Attachments
A. City of Santa Clara Notice Under the Americans with Disabilities Act B. City of Santa Clara ADA Complaint/Grievance Procedure City of
Santa Clara
The Center of Wha t's Possible
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Attachment A
City of Santa Clara Notice Under the Americans with
Disabilities Act
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CITY OF SANTA CLARA

NOTICE UNDER THE AMERICANS

WITH DISABILITIES ACT
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.

Employment: The City of Santa Clara does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.

Effective Communication: The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City of Santa Clara’s programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.

Modifications to Policies and Procedures: 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. For example, individuals with service animals are welcomed in the City of Santa Clara facilities, even where pets are generally prohibited.

Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures 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 or [email protected] as soon as possible but no later than 48 hours before the scheduled event.

The ADA does not require the City of Santa Clara to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden.

Complaints that a program, service, or activity of the City of Santa Clara is not accessible to persons with disabilities should be directed to City’s ADA Coordinator at (408) 615-3000 or [email protected].

The City of Santa Clara will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.

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Attachment B
City of Santa Clara ADA Complaint/Grievance Procedure
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CITY OF SANTA CLARA

ADA COMPLAINT/GRIEVANCE PROCEDURE
Any individual who believes that he or she (individually or on behalf of a specific class of individuals) has been subjected to unlawful discrimination on the basis of disability by a City of Santa Clara employee, service or program may file a complaint by himself, herself or by an authorized representative. The City of Santa Clara hereby adopts this grievance procedure to provide for prompt and equitable resolution of complaints alleging any action that is prohibited by Title II of the Americans with Disabilities Act (“ADA”). The City has designated an ADA Coordinator as the person responsible for addressing ADA complaints and grievances.

Contact Information:

Name: ADA Coordinator
Office Address: 1500 Warburton Avenue
Santa Clara, California 95050
Telephone Number: (408) 615-3000
Email: [email protected]
Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

Definition. A grievance is an expression of dissatisfaction with an employee, policy, service or program provided by the City of Santa Clara regarding access or discrimination on the basis of disability as defined in the ADA.

Objectives. The objectives of this policy are:
to assure that grievances are promptly acknowledged and resolved; to establish uniform standards and procedure for handling grievances throughout the entire City organization;
to provide citizens with an accessible, convenient, efficient system for bringing complaints to the City's attention;
to demonstrate that the City is responsive to the concerns of its citizens; to reduce or prevent the occurrence of circumstances that lead to justifiable citizen complaints.

PROCEDURE

1. Any individual who believes he or she has been discriminated against on the basis of disability may make a written complaint as soon as possible after the incident. In order to facilitate the investigation, the complainant is encouraged to submit the complaint within 30 days of the alleged incident(s). In all cases, complaints should be filed in writing and include the location and date the alleged incident occurred within 180 days of the alleged incident. All complaints should be sent to the ADA Coordinator using one of the contact methods listed in the contact information above for resolution. A written record of the complaint and the action taken will be maintained by the City. A grievance will be either responded to or acknowledged within (30) days of receipt. An oral grievance may be •
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filed by contacting the ADA coordinator.

The complaint should include:
a. a description of the alleged discriminating activity, policy, program or service; b. date(s), time(s) and location(s) of incidents(s);
c. name(s) of alleged offender(s), if any;
d. name(s) of witnesses, if any; and
e. remedy desired.

2. Upon receipt of a complaint, the ADA Coordinator shall cause an investigation of all charges to be made. The investigation shall include interviews with: (a) the complainant; (b) the person(s) responsible for the activity, policy, program or service engaged in the alleged incident; and (c) any other person the ADA Coordinator believes to have relevant knowledge concerning the complaint.

3. Upon completion of the investigation, the ADA Coordinator shall review factual information gathered through the investigation to determine whether the alleged complaint constitutes discrimination, giving consideration to all factual information, the totality of the circumstances, including the nature of the activity, program or services and the context in which the alleged incidents occurred.

4. The ADA Coordinator shall then prepare a written report stating the results of the investigation and the determination as to the action(s) to be taken, if any. The results of the investigation and recommendations(s) shall be conveyed to appropriate persons, including the complainant and the person(s) responsible for the alleged activity, policy, program or service engaged in the incident.

5. The grievant may request reconsideration if he/she is dissatisfied with the written determination of the ADA Coordinator. The request for reconsideration shall be in writing and filed with City Manager within thirty (30) calendar days after the ADA Coordinator’s determination has been mailed to the grievant. The City Manager or designee shall review the request for reconsideration and make a final determination within ninety (90) calendar days from the filing of the request.

6. The complainant's right to a prompt and equitable resolution of the complaint will not be impaired by the complainant's pursuit of other remedies, such as the filing of a complaint within the Department of Justice or other appropriate federal agency, or the filing of a suit in state or federal court.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-100 Agenda Date: 4/9/2024

REPORT TO COUNCIL

SUBJECT
Study Session on the Fiscal Year 2024/25 Municipal Fee Schedule

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
Many of the City of Santa Clara’s fees, rates, and charges (“Fees”) are contained in a municipal fee schedule, which is adopted by the City Council by resolution. Generally, the fee schedule is updated annually which helps ensures that the Fees comply with applicable law, including the California Constitution as well as provide transparency in the fee structure for the City’s development-related and other municipal fees.

California Constitution Article XIIIC and other applicable laws enable local agencies to set fees without voter approval; provided, among other things, the fees do not exceed the reasonable cost of service. To the extent that a fee has been set based upon a presumption of 100% cost recovery, the City cannot generally waive the fee unless it covers the cost of such waiver out of another permissible funding source such as the General Fund or as otherwise allowed under state law.

California Government Code Section 66016(a) and 66018 states that prior to imposing a new fee or increasing an existing one, a local agency shall hold at least one open and public meeting at which oral or written presentations can be made as part of a regularly scheduled meeting and notice of such hearing must be published. The public hearing is scheduled for April 23, 2024. Pursuant to Government Code section 66018, the first notice for this public hearing was published in the Santa Clara Weekly on April 3, 2024 and the second notice will be published on April 10, 2024. Staff has also notified all interested parties that have requested to be notified regarding proposed fee updates.

The purpose of this study session is to inform the Council and the public regarding the proposed Fee changes, obtain input regarding the Fees, and provide all interested parties with an opportunity to request clarification or comment on any of the Fees prior to the public hearing.

The FY 2024/25 Proposed Municipal Fee Schedule (“Fee Schedule”)are based on the results of a recently completed comprehensive study of the current costs of providing fee-related services prepared by ClearSource Financial Consulting that is included as Attachment 1 to this Report to Council.

DISCUSSION
The Fee Schedule generally contains Fees for City services which include, but are not limited to:
· Planning Fees, for services such as entitlement review and review for compliance with the City of Santa Clara Printed on 4/5/2024Page 1 of 9
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· Building Fees, for services such as permitting of new construction or modifications to existing structures
· Engineering Fees, for services such as map review, encroachment permitting, and public improvement review
· Fire Fees, for services such as annual inspections and construction review to ensure compliance with the fire code
· Utility Fees, for services such as requests for sewer lateral inspections, and restoration of discontinued service
· Police Fees, for services such as vehicle impound and false alarm response · Recreation Fees, for services such as program participation, and facility rentals · Administrative Fees, for services such as requests for public records The Fee Schedule includes over 1,000 individual Fees, in part, because there are numerous Fee categories to account for the varied service needs of the community. This is common among similar California municipalities.

The Fee Schedule outlines the proposed Fees by department and is included as Attachment 2. As shown in the table below, 73% of the Fees are unchanged or reflect cost of service increases of less than 10%. An additional 11% of the fee adjustments reflect the planned phase-in of increases to reach cost recovery. There are limited fees that are increased above 10%, decreased, restructured, new or deleted.

Summary of Fee Changes
Proposed Fee Changes Fee Count %
Fees Unchanged 484 39%
Cost of Service Increase <10% 422 34%
Cost of Service Increase >10% 48 4%
Final Year of Phase In <15% 117 9%
Final Year of Phase In >15% 25 2%
Decreased Fees 80 6%
Restructured Fees 26 2%
New Fees 22 2%
Deleted Fees 22 2%
Total Fees 1,246 100%
Please note the Fee Schedule does not update the Park In-Lieu fees. The in-lieu fees are based on the land appraisal and will be brought forward separately for City Council consideration and adoption.

Following is an overview of the Fee Schedule:

Fees Proposed to Remain Unchanged, Decrease, or Be Restructured · Forty-seven percent (47%) of Fees are proposed to either remain unchanged, decrease, or are being restructured (e.g., fees are being broken out for clarity/more specific purposes). · Decreased Fees reflect adjustments to the time and/or staffing necessary to complete the City of Santa Clara Printed on 4/5/2024Page 2 of 9
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work associated with the fee.

Fees with Cost of Service Increases Less than 10%
· Thirty-four percent (34%) of Fees are proposed to increase less than 10% · Fee changes less than a 10% are the result of:
o A recalibration in the cost of service
Fees with Cost of Service Increases Greater than 10%
· Four percent (4%) of fees are proposed to increase more than 10% · Fee changes greater than 10% are the result of:
o A recalibration in the cost of service
o Recent increases in the costs of labor and/or materials and supplies included in service Fees (e.g., increase in the cost of utility meters).

Fees with Final Phase-In Increases Less than 15%
· Effective FY 2022/23, a number of Fees in the Fee Schedule were approved to be phased-in over three fiscal years. Nine percent (9%) of Fees are proposed to increase less than 15% to reach full cost-recovery in FY 2024/25.

Fees with Final Phase-In Increases Greater than 15%
· Effective FY 2022/23, a number of Fees in the Fee Schedule were approved to be phased-in over three fiscal years. Two percent (2%) of Fees are proposed to increase greater than 15% to reach full cost-recovery in FY 2024/25.

Fees Proposed to be Eliminated
· 22 Fees are proposed to be eliminated from the Fee Schedule · The majority of these Fees are either no longer applicable or are now being captured through existing fees. These changes include:

Fee Description Current Fee Explanation
1 Replacement of Job Card $57 This fee is captured through the existing fee: Replacement Permit.
2 Multi-Family (MF) Loan
Refinance/Subordination Fee $1,564
This fee is captured through existing fees: Multi-Family Project Refinance Fee and Multi-Family (MF) Loan
Subordination Request Review Fee.
3 Planned Development Master
Community (PD-MC) $70,800 Per Updated Zoning Ordinance, PD-MC is no longer a zoning district, so this fee is no longer applicable.
4 Development Area Plan
Related to PD-MC Rezoning $38,350 Per Updated Zoning Ordinance, PD-MC is no longer a zoning district, so this fee is no longer applicable.
5 ABC Review Verification $590 Per Updated Zoning Ordinance, this review is now categorized as a Zoning Clearance (new fee added below). 6 Load Development $516.58 per kVA,
up to 4,500 kVA
7 Load Development $1,033.16 per kVA,
>4,500 kVA
8 EV Charging Retrofit -
Existing Building
Actual labor,
materials, and
equipment costs,
including overhead
This fee will now be captured through the Load
Development fee.
9 Business Tax Certificate -
Fixed Place of Business in
Santa Clara
$45 per employee
per year, not to
exceed cap of
$350,000
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
10 Business Tax Certificate -
Companies conducting
business in the City without
a fixed place of business
% of Tax
6-64 days: 25%
65-129 days: 50%
130+ days: 100%
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
11 Business Tax Certificate -
Rental units (3+) - Apartments
$18.35 per unit,
per year
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
12 Business Tax Certificate -
Rental units (3+)-Hotels/Motels
$15.00 per unit,
per year
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
13 Demolition of Building $1,136 This fee is captured through existing fee: Building Plans. 14 Firefighter Air Replenishment
System $2,656 Department is evaluating the technology, but not exercising this fee currently.
15 Mobile Food Preparation Vehicles $127 annual This permit is no longer regulated in the 2022 California Fire Code.
16 Haz Mat - Compressed Gases $256 annual This fee is captured through the existing Compressed Gases fee under the Fire Operational Permits section.

Community Development - Building Fees
This fee was replaced with the updated LDF that became
effective in FY 2022/23. Starting FY 2022/23, the updated LDF was used for new projects and agreements; while this “Legacy” fee was left on the schedule as it was referenced in existing agreements for projects that qualified for it. All agreements and projects that use this fee have since paid in full and can now be removed.

Fire Department Fees
Community Development - Housing Fees
Community Development - Planning Fees
Finance Department Fees
Electric Utility Department Fees
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Fee Description Current Fee Explanation
1 Replacement of Job Card $57 This fee is captured through the existing fee: Replacement Permit.
2 Multi-Family (MF) Loan
Refinance/Subordination Fee $1,564
This fee is captured through existing fees: Multi-Family Project Refinance Fee and Multi-Family (MF) Loan
Subordination Request Review Fee.
3 Planned Development Master
Community (PD-MC) $70,800 Per Updated Zoning Ordinance, PD-MC is no longer a zoning district, so this fee is no longer applicable.
4 Development Area Plan
Related to PD-MC Rezoning $38,350 Per Updated Zoning Ordinance, PD-MC is no longer a zoning district, so this fee is no longer applicable.
5 ABC Review Verification $590 Per Updated Zoning Ordinance, this review is now categorized as a Zoning Clearance (new fee added below). 6 Load Development $516.58 per kVA,
up to 4,500 kVA
7 Load Development $1,033.16 per kVA,
>4,500 kVA
8 EV Charging Retrofit -
Existing Building
Actual labor,
materials, and
equipment costs,
including overhead
This fee will now be captured through the Load
Development fee.
9 Business Tax Certificate -
Fixed Place of Business in
Santa Clara
$45 per employee
per year, not to
exceed cap of
$350,000
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
10 Business Tax Certificate -
Companies conducting
business in the City without
a fixed place of business
% of Tax
6-64 days: 25%
65-129 days: 50%
130+ days: 100%
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
11 Business Tax Certificate -
Rental units (3+) - Apartments
$18.35 per unit,
per year
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
12 Business Tax Certificate -
Rental units (3+)-Hotels/Motels
$15.00 per unit,
per year
This is a tax, not a fee. The Business Tax is now posted separately on the City's Finance website.
13 Demolition of Building $1,136 This fee is captured through existing fee: Building Plans. 14 Firefighter Air Replenishment
System $2,656 Department is evaluating the technology, but not exercising this fee currently.
15 Mobile Food Preparation Vehicles $127 annual This permit is no longer regulated in the 2022 California Fire Code.
16 Haz Mat - Compressed Gases $256 annual This fee is captured through the existing Compressed Gases fee under the Fire Operational Permits section.

Community Development - Building Fees
This fee was replaced with the updated LDF that became
effective in FY 2022/23. Starting FY 2022/23, the updated LDF was used for new projects and agreements; while this “Legacy” fee was left on the schedule as it was referenced in existing agreements for projects that qualified for it. All agreements and projects that use this fee have since paid in full and can now be removed.

Fire Department Fees
Community Development - Housing Fees
Community Development - Planning Fees
Finance Department Fees
Electric Utility Department Fees
Fee Description Current Fee Explanation
17 Overdue fines covering
interlibrary loans
$1.50 per item,
per day
This fee is not required by other lending institutions and its elimination aligns with the Library's current fine-free process for overdue items.
18 Senior Citizens Center
Auditorium & Kitchen
Non-Profit Meeting
(no kitchen)
$20 per meeting This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
19 Senior Citizens Center
Auditorium & Kitchen
Non-Profit Event
$20 per hour This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
20 Senior Citizens Center
Auditorium & Kitchen
Resident Event
$200 per hour This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
21 Senior Citizens Center
Auditorium & Kitchen
Commercial/Non-Resident
Event
$300 per hour This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
22 Special Event Concessions $0 - $100 per
event
This fee will now be captured with the Special Event Food or Merchandise Vendor fee.

Parks & Recreation Department Fees
Library Department Fees
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Fee Description Current Fee Explanation
17 Overdue fines covering
interlibrary loans
$1.50 per item,
per day
This fee is not required by other lending institutions and its elimination aligns with the Library's current fine-free process for overdue items.
18 Senior Citizens Center
Auditorium & Kitchen
Non-Profit Meeting
(no kitchen)
$20 per meeting This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
19 Senior Citizens Center
Auditorium & Kitchen
Non-Profit Event
$20 per hour This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
20 Senior Citizens Center
Auditorium & Kitchen
Resident Event
$200 per hour This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
21 Senior Citizens Center
Auditorium & Kitchen
Commercial/Non-Resident
Event
$300 per hour This fee will now be captured under the Recreation Center Auditorium/Senior Center fee category.
22 Special Event Concessions $0 - $100 per
event
This fee will now be captured with the Special Event Food or Merchandise Vendor fee.

Parks & Recreation Department Fees
Library Department Fees
New Fees Proposed
· 22 new Fees are proposed
· The Fees will allow the City to recover the costs of services or materials that are being requested of staff and for which corresponding fees or rates are not contained or adequately addressed in previous fee schedules. These changes include:

Fee Description Proposed Fee Explanation
Citywide Fees
1 Credit Card Convenience Fee -
Third Party Varies A few of the City's third-party vendors are assessing a fee to use credit cards/other payment types
2 Affordable Housing Application Fee
per Below Market Purchase (BMP)
Applicant
$75
Fee to capture costs of initial review for a new application under the BMP program prior to getting to the
underwriting stage.
3 New Owner BMP Processing and
Transaction Fees for BMP Program
to be Paid by Developer (per unit)

2.5% of
sales price
Fee to recover transaction fees paid to the BMP
administrator for oversight of sales and escrow process.

These transaction fees are charged to the City by the
BMP administrator at the close of escrow.
4 Resale by BMP Owner for sale of
restricted property. BMP Processing
and Transaction Fees for BMP
Program to be Paid by Seller and
Buyer 50/50 (per sale)

2.5% of
sales price
Fee to recover transaction fees paid to the BMP
administrator for oversight of sales and escrow process.

These transaction fees are charged to the City by the
BMP administrator at the close of escrow.

Community Development - Housing Fees
Fee Description Proposed Fee Explanation
5 Zoning Clearance - ABC or DMV
Review $295
Formerly a Review Verification fee; in accordance with
updated Zoning Ordinance, the fee is now categorized as Zoning Clearance.
6 Preparation or Peer Review of
Technical Report
Pass-Through
of Actual Fee
+ Admin Fee
Peer review of a technical report prepared by an outside consultant hired by the applicant (not hired by the City) but submitted as a part of the review of a development project.

Fire Department Fees
7 Ambulance Transport Fee
As Determined
by County of
Santa Clara
Adding to fee schedule to keep consistent with County of Santa Clara ambulance fee charges.
8 Secondary Fireworks/Pyro Submittal -
No Detailed Plan Review Required $566
New fee to cover additional public displays or pyrotechnic special effects use after an initial submittal. Example - similar show being conducted over multiple days.
9 Secondary Pyro Submittal - No
Detailed Plan Review Required $849
New fee to cover additional pyrotechnic special effects proximal to audience use after an initial submittal. Example - similar show being conducted over multiple days.
10 Miscellaneous Haz Mat Inspections
or Haz Mat Plan Reviews, or
Haz Mat Field Sampling, per hour
$283 per hour New fee to recover costs associated with specified activites. 11 Overtime Haz Mat Inspection
(max 3 hrs)
$1,018
(max 3 hrs) New fee to recover costs associated with specified activites. 12 Overtime Haz Mat Plan Review
(max 3 hrs)
$1,018
(max 3 hrs) New fee to recover costs associated with specified activites. 13 Residential Fire-Building Plan
Review - (R-3/R-3.1 occupancies) $353
New fee to recover costs associated with plan reviews and construction inspections when deemed necessary for an
individual project.
14 Late filing of CUPA
documents/reports/information,
per occurrence
$500 per
occurrence
New penalty fee for late filing of required documents, reports, information, in accordance with the California Healthy & Safety Code of Regulations 25404.1.1. and City of Santa Clara Municipal Code 15.60.070.
15 Field Sample - Environmental
Laboratory Analysis Actual Cost New fee to recover direct cost to the City for conducting laboratory anaylsis.
16 Miscellaneous CUPA Inspection,
CUPA Plan Reviews, CUPA Field
Sampling, or CUPA Investigation,
per hour
$283 per hour New fee to recover direct cost to the City for conducting specified activities.

Public Works - Engineering Fees
17 Review of Right of Entry
Agreement onto City Property
$5,815 per
agreement
Rights of Entry permits allow non-City entities to allow them access City-owned property not part of the public
right-of-way.
18 Review of Permit to Enter
Agreement onto City Property
$5,815 per
agreement
Permits to Enter allow non-City entities to allow them
access City-owned property not part of the public
right-of-way.

Community Development - Planning Fees
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Fee Description Proposed Fee Explanation
5 Zoning Clearance - ABC or DMV
Review $295
Formerly a Review Verification fee; in accordance with
updated Zoning Ordinance, the fee is now categorized as Zoning Clearance.
6 Preparation or Peer Review of
Technical Report
Pass-Through
of Actual Fee
+ Admin Fee
Peer review of a technical report prepared by an outside consultant hired by the applicant (not hired by the City) but submitted as a part of the review of a development project.

Fire Department Fees
7 Ambulance Transport Fee
As Determined
by County of
Santa Clara
Adding to fee schedule to keep consistent with County of Santa Clara ambulance fee charges.
8 Secondary Fireworks/Pyro Submittal -
No Detailed Plan Review Required $566
New fee to cover additional public displays or pyrotechnic special effects use after an initial submittal. Example - similar show being conducted over multiple days.
9 Secondary Pyro Submittal - No
Detailed Plan Review Required $849
New fee to cover additional pyrotechnic special effects proximal to audience use after an initial submittal. Example - similar show being conducted over multiple days.
10 Miscellaneous Haz Mat Inspections
or Haz Mat Plan Reviews, or
Haz Mat Field Sampling, per hour
$283 per hour New fee to recover costs associated with specified activites. 11 Overtime Haz Mat Inspection
(max 3 hrs)
$1,018
(max 3 hrs) New fee to recover costs associated with specified activites. 12 Overtime Haz Mat Plan Review
(max 3 hrs)
$1,018
(max 3 hrs) New fee to recover costs associated with specified activites. 13 Residential Fire-Building Plan
Review - (R-3/R-3.1 occupancies) $353
New fee to recover costs associated with plan reviews and construction inspections when deemed necessary for an
individual project.
14 Late filing of CUPA
documents/reports/information,
per occurrence
$500 per
occurrence
New penalty fee for late filing of required documents, reports, information, in accordance with the California Healthy & Safety Code of Regulations 25404.1.1. and City of Santa Clara Municipal Code 15.60.070.
15 Field Sample - Environmental
Laboratory Analysis Actual Cost New fee to recover direct cost to the City for conducting laboratory anaylsis.
16 Miscellaneous CUPA Inspection,
CUPA Plan Reviews, CUPA Field
Sampling, or CUPA Investigation,
per hour
$283 per hour New fee to recover direct cost to the City for conducting specified activities.

Public Works - Engineering Fees
17 Review of Right of Entry
Agreement onto City Property
$5,815 per
agreement
Rights of Entry permits allow non-City entities to allow them access City-owned property not part of the public
right-of-way.
18 Review of Permit to Enter
Agreement onto City Property
$5,815 per
agreement
Permits to Enter allow non-City entities to allow them
access City-owned property not part of the public
right-of-way.

Community Development - Planning Fees
Fee Description Proposed Fee Explanation
Public Works - Storm Drain Fees
19 Private Land Drainage Area (PLDA)
Program Inspection Fee $707
Fee to perform follow-up trash load generation inspections at properties where trash was observed in the prior year.

Inspections are to comply with mandates from Regional
Water Quality Control Board.
20 Storm Drain Medallion Fee $26 Fee to purchase "No Dumping Flows To Bay" medallions to affix to storm drain inlets.
21 Building Demolition Polychlorinated
biphenyls (PCBs) Inspection Fee $647
Fee to perform inspections at demolition projects that report PCB concentrations of 50 ppm or greater to observe that baseline controls and enhancement controls are being
implemented. Inspections are to comply with mandates
from Regional Water Quality Control Board.

Water Fees
22 Water Efficiency Review $244 Fee to review land development projects for compliance with the State's Model Water Efficient Landscape Ordinance.

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Fee Description Proposed Fee Explanation
Public Works - Storm Drain Fees
19 Private Land Drainage Area (PLDA)
Program Inspection Fee $707
Fee to perform follow-up trash load generation inspections at properties where trash was observed in the prior year.

Inspections are to comply with mandates from Regional
Water Quality Control Board.
20 Storm Drain Medallion Fee $26 Fee to purchase "No Dumping Flows To Bay" medallions to affix to storm drain inlets.
21 Building Demolition Polychlorinated
biphenyls (PCBs) Inspection Fee $647
Fee to perform inspections at demolition projects that report PCB concentrations of 50 ppm or greater to observe that baseline controls and enhancement controls are being
implemented. Inspections are to comply with mandates
from Regional Water Quality Control Board.

Water Fees
22 Water Efficiency Review $244 Fee to review land development projects for compliance with the State's Model Water Efficient Landscape Ordinance.

City Council Referral Regarding the Impact of Cost Recovery Policy on Youth Sports Programs
As part of the adoption of the FY 2022/23 Municipal Fee Schedule, the City Council adopted a cost recovery policy for parks and recreation user fees. In doing so, the intent was to create a common understanding of how policy decisions related to community benefit tiers drive decisions related to how the City establishes user fees. (See Attachment 3 - Parks and Recreation Cost Recovery Policy, pg. 3).

The policy was a result of a comprehensive public outreach process that included:

1. A cost of service analysis

2. Presentations to three City Commissions: Parks and Recreation, Senior Advisory and Youth Commission

3. A community survey with 234 respondents
During the public comment portion of the Council discussion, representatives of local sports groups expressed concerns about the proposed fees for sports leagues. As a result, a referral was made to have staff to meet with the sports groups to further discuss the cost recovery policy and fee schedule.

On March 14, 2024, City staff met with the sports groups at a community meeting held at the Reed and Grants Sports Park. The purpose of the meeting was to provide an opportunity for the City’s consultant to review the adopted cost recovery policy, to discuss the Municipal Fee Schedule, and to provide a forum to share lessons learned since the adoption of the policy. It is important to note that the proposed FY 2024/25 budget will not include an increase in sport field user fees and this was made clear to the user groups at the beginning of the meeting.

In all, over 30 individuals participated in the meeting which was conducted in a hybrid fashion. The following is a summary of the groups who participated with the number of attendees from each group noted in parentheses:
t p the number of representatives noted eses:

1. Current Parks and Recreation Commission Member (1)
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2. Former Parks and Recreation Commission Member (1)

3. Lions (3)

4. PAL (3)

5. SC Pony Baseball (1)

6. SC Residents (5)

7. SC Swim Club (2)

8. SC Youth Soccer League (7)

9. SC Unified School District (3)

10.Westside Little League (3)

11.No affiliation noted (1)
The meeting lasted approximately two hours.

While the original intent of the meeting was to discuss user fees, the meeting pivoted to a more robust discussion around processes related to field use and the need for better communication, coordination, and partnership. The meeting ended with a commitment to hold another meeting to continue the discussion around field use. Staff also made a commitment to conduct future meetings with user groups in the first quarter of the calendar year to discuss whether increases would be proposed the following fiscal year. This would start in January 2025 given that no change was being proposed for FY 2024/25. Such a forum would afford staff the opportunity to share proposed increases and provide the user groups sufficient notice to plan for future increases in the following fiscal year. It should be noted that no request was received from the groups to amend the current fee schedule.

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 is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
It is important to note that while adjusting fees and billing rates will provide a fiscal impact in the form of additional revenue, the revenue is intended to be used to offset the costs of providing existing services that are recoverable from fees. Consequently, while fees may rise annually, typically labor costs (the primary driver of fee-related costs) also rise annually. Recalibration of these fees simply provides an offset of existing expenditures/needs rather than a source of funding for expanded service levels.

COORDINATION
This report has been coordinated with the City Attorney’s Office and the City departments with fees included in the Municipal Fee Schedule.

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
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information desk at any City of Santa Clara public library.

RECOMMENDATION
Review and Provide Input on the Proposed Fiscal Year 2024/25 Municipal Fee Schedule.

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

ATTACHMENTS

1. User and Regulatory Fee Study

2. FY 2024/25 Proposed Municipal Fee Schedule

3. Parks and Recreation Cost Recovery Policy
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User and Regulatory Fees
Cost of Service Analysis
City of
Santa Clara
The Cente r of What 's Poss ib le
City of Santa Clara
Cost of Service Analysis
Fee Type Page
Assistant City Clerk's Office Fees 3
City Manager's Office Fees 9
Community Development Fees 15
Building 16
Planning 28
Housing and Community Services 35
Electric (SVP) Fees 41
Finance - Municipal Services Division Fees 55
Fire Department Fees 64
Community Risk Reduction Fees 65
Training and Resources Fees 10
Police Department Fees 108
Public Works Fees 121
Engineering and Encroachment Permit Fees 122
Streets, Storm Drain, and Solid Waste Fees 155
Water and Sewer Fees 170
Assistant City Clerk's Office Fees
City of
Santa Clara
The Cente r of What 's Poss ib le
City of Santa Clara
User and Regulatory Fee Study
Allocation of Annual Labor Effort - Assistant City Clerk Position [a] FTE [a]
Total Hours
Per FTE [b]
Less:

Holiday &
Leave [c]
Productive
Hours Per
FTE
Total
Productive
Hours
Indirect
[d] Direct [d] Total
Total
Indirect
Hours
Total
Direct
Hours
Total
Hours
Total Salary
Top Step [e] Annual Salary
Assistant City Clerk 1.00 2,080 216 1,864 1,864 25% 75% 100% 466 1,398 1,864 $89 $184,517 Senior Management Analyst 1.00 2,080 216 1,864 1,864 25% 75% 100% 466 1,398 1,864 $82 $170,830 Deputy City Clerk 1.00 2,080 216 1,864 1,864 25% 75% 100% 466 1,398 1,864 $75 $155,293 Staff Aide I 2.00 2,080 216 1,864 3,728 25% 75% 100% 932 2,796 3,728 $52 $214,822 Office Records Specialist 1.00 2,080 216 1,864 1,864 25% 75% 100% 466 1,398 1,864 $46 $95,347 Total 6.00 11,184 2,796 8,388 11,184 $820,810 Total 25% 75% 100%
[a] Source: FY 23/24 & 24/25 Adopted budget.
[b] Based on 40 hour week * 52 weeks per year.
[e] Source: City of Santa Clara Salary Plans Effective 12/24/2023. [c] Amount intended to serve as reasonable estimate. Amount will vary annually, and by employee. Amount assumes twelve days holiday, ten days vacation/personal leave, five days sick leave. [d] Amounts intended to serve as reasonable estimates developed for purposes of this analysis. Amount will vary annually, and by employee. Amount based on position and consultant experience working with similar municipalities.

City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - Assistant City Clerk's Office FY 23/24 Adopted Expenses [a] Program 2311 2312 2313
Fund # Fund Desc Account Desc Council Admin Public Info Political
Reform Subtotal Adjust Total Notes
001 General Fund 87010 - Salary And Wages - Regular $197,157 $376,336 $181,687 $755,180 $0 $755,180 001 General Fund 87017 - Premium Pay $0 $0 $0 $0 $0 $0
001 General Fund 87020 - Salary And Wages - As Needed $51,020 $0 $0 $51,020 ($51,020) $0 001 General Fund 87030 - S & W - O.T. Vacation Relief $1,071 $0 $0 $1,071 ($1,071) $0 001 General Fund 87110 - Contra 870x0-Reimbd Sal & Wage ($88,896) $0 $0 ($88,896) $88,896 $0 001 General Fund 1 Salary Accounts $160,352 $376,336 $181,687 $718,375 $36,805 $755,180 001 General Fund 87212 - PERS - Misc $67,031 $127,956 $61,774 $256,761 $0 $256,761 001 General Fund 87221 - Medicare $3,048 $5,587 $2,722 $11,357 $0 $11,357 001 General Fund 87222 - Social Security $11,989 $23,195 $11,058 $46,242 $0 $46,242 001 General Fund 87223 - Social Security - OT $0 $0 $0 $0 $0 $0 001 General Fund 87224 - Medicare OT $0 $0 $0 $0 $0 $0
001 General Fund 87230 - Health Allocation $19,069 $60,743 $22,864 $102,676 $0 $102,676 001 General Fund 87241 - Dental - City Paid $413 $852 $385 $1,650 $0 $1,650 001 General Fund 87242 - Long Term Disability-City Paid $722 $1,251 $570 $2,543 $0 $2,543 001 General Fund 87243 - Vision- City Paid $167 $344 $155 $666 $0 $666 001 General Fund 87250 - Basic Life Insurance $105 $241 $122 $468 $0 $468 001 General Fund 87271 - VEBA $900 $1,860 $840 $3,600 $0 $3,600 001 General Fund 87272 - EAP $71 $149 $68 $288 $0 $288
001 General Fund 87274 - Auto Allowance $1,980 $4,080 $2,340 $8,400 $0 $8,400 001 General Fund 87275 - Mobile Phone Allowance $576 $1,488 $816 $2,880 $0 $2,880 001 General Fund 87390 - OPEB $5,475 $11,315 $5,110 $21,900 $0 $21,900 001 General Fund 2 Benefit Accounts $111,546 $239,061 $108,824 $459,431 $0 $459,431 001 General Fund 87500 - Operating Supplies $0 $1,215 $541 $1,756 $0 $1,756 001 General Fund 87825 - Conference, Travel and Training $4,268 $0 $1,624 $5,892 $0 $5,892 001 General Fund 87865 - Subscription Based IT $0 $190,941 $0 $190,941 $0 $190,941 001 General Fund 87870 - Contractual Serv Not Class $238 $23,712 $0 $23,950 ($23,950) $0 001 General Fund 87930 - City's Membership $2,922 $0 $0 $2,922 ($2,922) $0 001 General Fund 3 Mat/Serv/Sup $7,428 $215,868 $2,165 $225,461 ($26,872) $198,589 001 General Fund 87650 - Technical Services Maintenance $111,486 $0 $0 $111,486 $0 $111,486 001 General Fund 87660 - Workers Comp Insurance $0 $0 $0 $0 $0 $0 001 General Fund 87680 - Unemployment Insurance $0 $0 $0 $0 $0 $0 001 General Fund 87840 - Insurance And Surety Bonds $0 $0 $0 $0 $0 $0 001 General Fund 5 Interfund Services $111,486 $0 $0 $111,486 $0 $111,486 Subtotal $390,812 $831,265 $292,676 $1,514,753 $9,933 $1,524,686 City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - Assistant City Clerk's Office Adjustments for Fully-Burdened Hourly Rate Calculation
Calculation of Fully-Burdened Hourly Rate
Description Total Notes
Divisional Expenses $1,524,686
Productive Hours 8,388 [b]
Total $182
Full Cost Factors for Hourly Rate Buildup
Description Total Share Per Hour
Personnel $1,214,611 80% $145
Equipment $0 0% $0
Materials / Supplies $310,075 20% $37
Other Costs $0 0% $0
Overhead $0 0% $0
Total $1,524,686 100% $182
r::::::::::::::

City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - Assistant City Clerk's Office Information Below is for Use if City Desires to Use Positional Hourly Billing Rates Scenario 1: Uniform Assignment of Materials and Overhead Costs Per Hour Calculate Benefit Ratio
Salary Accounts $755,180
Benefit Accounts $459,431
Total 0.61
Calculation of Direct Hours Ratio (Billing Factor)
Description
Base Hrs
Per FTE
Adjust for
Typical Leave
Productive
Hours
Direct Hours
%
Direct Hours
Per FTE Notes
Hours 2,080 (216) 1,864 75% 1,398
Direct Hours Bill Factor (For Every $ of Salary Add this amount to account for Direct Hrs v. Total Hrs.) 1.49 Position
Top Step Hrly
[c] Benefits
Subtotal Labor
Costs
Adjust for
Direct Hours
Total Labor
Rate
Add: M'tls /
Supplies
Add:

Overhead
Total
Hourly Rate
Assistant City Clerk $89 $54 $143 1.49 $212 $37 $0 $249 Senior Management Analyst $82 $50 $132 1.49 $197 $37 $0 $234 Deputy City Clerk $75 $45 $120 1.49 $179 $37 $0 $216
Staff Aide I $52 $31 $83 1.49 $124 $37 $0 $161
Office Records Specialist $46 $28 $74 1.49 $110 $37 $0 $147 Scenario 2: Assignment of a Common Indirect Rate Factor that Can Be Applied to Base Hourly Wage Rate to Calculate Fully-Burdened Hourly Billing Rate by Position Calculation of Fully-Burdened Hourly Rate Billing Factor (Apply Factor to Top Step Salary for Positional Rates) Description FTE Hours Per FTE Total Hours
Salaries and
Wages
Hourly Wage
Rate Only

Burdened
Hourly Rate ICR Multiplier Notes
Total 6.00 2,080 12,480 $820,810 $66 $182 2.76 [a] Source: FY 23/24 & 24/25 Adopted budget.
[b] See allocation of Annual Labor Effort.
[c] Source: Source: City of Santa Clara Salary Plans Effective 12/24/2023. ----------------
City of Santa Clara
Cost of Service Study for Analyzing User and Regulatory Fees City Clerk Fees
Calculation of the Estimated Costs of Providing Fee Related Services Cost Recovery Information
Fee Description Labor Time Hourly Rate
Estimated
Cost of
Service Current Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Unit Notes
Lobbying Activities
1 Annual Registration Fee 4.25 x $182 = $774 $764 99% $773 100% [a] 2 Prorated Registration Fee 2.00 x $182 = $364 $359 99% $364 100% [b] 3 Amended Registration Fee 1.00 x $182 = $182 $179 98% $182 100% [c] 4 Client Registration Fee 0.75 x $182 = $137 $134 98% $136 100% per client 5 Delinquent Fee $25 $25 per day [d]
[a] Annual registration is due by January 15th of a given year. [b] Persons registering for the first time after June 30th of a given year. [d] Up to a maximum of $500.00.
[c] Lobbyists with a change to registration information shall file an amended registration within fifteen (15) days of such change if he or she has accepted a new client for compensation in excess of five hundred dollars ($500.00).

City Manager's Office Fees
City of
Santa Clara
The Cente r of What 's Poss ib le
City of Santa Clara
User and Regulatory Fee Study
Allocation of Annual Labor Effort - City Manager
Position [a] FTE [a]
Total Hours
Per FTE [b]
Less:

Holiday &
Leave [c]
Productive
Hours Per
FTE
Total
Productive
Hours
Indirect
[d] Direct [d] Total
Total
Indirect
Hours
Total
Direct
Hours
Total
Hours
Total Salary
Top Step [e] Annual Salary
Chief Operating Officer 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $207 $429,894 City Manager 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $201 $418,226 Assistant City Manager 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $180 $373,797 Assistant to the City Manager 0.30 2,080 216 1,864 559 0% 100% 100% - 559 559 $122 $76,009 Public Information Officer 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $117 $243,630 Development Project Manager 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $108 $225,618 Management Analyst / Com. & Outreach 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $86 $179,026 Management Analyst 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $75 $155,293 Executive Assistant to the City Manager 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $74 $152,942 Communications Coordinator 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $63 $130,811 Staff Aide I 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $52 $107,411 Office Specialist III 1.00 2,080 216 1,864 1,864 0% 100% 100% - 1,864 1,864 $49 $102,274 Total 11.30 21,063 - 21,063 21,063 $2,594,931 Total 0% 100% 100%
[a] Source: FY 23/24 & 24/25 Adopted budget.
[b] Based on 40 hour week * 52 weeks per year.
[d] Assume use of productive hours only.
[e] Source: City of Santa Clara Salary Plans Effective 12/24/2023. [c] Amount intended to serve as reasonable estimate. Amount will vary annually, and by employee. Amount assumes twelve days holiday, ten days vacation/personal leave, five days sick leave.

City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - City Manager's Office
FY 23/24 Adopted Expenses [a] Program 1021 1022 1031 1032 1033 Fund # Fund Desc Account Desc Policy
Intergov'
Rel'tns
Day to Day
Ops Strat Planning
Outreach &
Engage Subtotal Adjust Total Notes
001 General Fund 87010 - Salary And Wages - Regular $543,454 $78,267 $651,201 $467,587 $409,561 $2,150,070 $0 $2,150,070 001 General Fund 87020 - Salary And Wages - As Needed $0 $0 $211,353 $0 $0 $211,353 $0 $211,353 001 General Fund 87110 - Contra 870x0-Reimbd Sal & Wage $0 $0 ($513,000) $0 $0 ($513,000) $513,000 $0 001 General Fund 1 Salary Accounts $543,454 $78,267 $349,554 $467,587 $409,561 $1,848,423 $513,000 $2,361,423 001 General Fund 87212 - PERS - Misc $188,089 $24,868 $236,455 $167,716 $142,621 $759,749 $0 $759,749 001 General Fund 87221 - Medicare $8,148 $1,179 $9,987 $7,069 $6,183 $32,566 $0 $32,566 001 General Fund 87222 - Social Security $19,061 $2,669 $28,646 $17,517 $20,989 $88,882 $0 $88,882 001 General Fund 87230 - Health Allocation $37,943 $5,097 $51,078 $32,879 $46,409 $173,406 $0 $173,406 001 General Fund 87241 - Dental - City Paid $578 $84 $959 $552 $659 $2,832 $0 $2,832 001 General Fund 87242 - Long Term Disability-City Paid $898 $122 $1,545 $827 $909 $4,301 $0 $4,301 001 General Fund 87243 - Vision- City Paid $234 $36 $386 $220 $267 $1,143 $0 $1,143 001 General Fund 87250 - Basic Life Insurance $223 $32 $286 $197 $246 $984 $0 $984 001 General Fund 87271 - VEBA $990 $150 $1,980 $1,080 $1,380 $5,580 $0 $5,580 001 General Fund 87272 - EAP $101 $12 $173 $95 $114 $495 $0 $495 001 General Fund 87274 - Auto Allowance $8,010 $1,194 $8,064 $6,744 $5,748 $29,760 $0 $29,760 001 General Fund 87275 - Mobile Phone Allowance $768 $96 $1,056 $672 $1,536 $4,128 $0 $4,128 001 General Fund 87279 - Misc. Other Benefits $0 $0 $0 $0 $0 $0 $0 $0 001 General Fund 87390 - OPEB $7,663 $1,092 $12,775 $7,305 $8,760 $37,595 $0 $37,595 001 General Fund 2 Benefit Accounts $272,706 $36,631 $353,390 $242,873 $235,821 $1,141,421 $0 $1,141,421 001 General Fund 87500 - Operating Supplies $11,896 $0 $30,870 $0 $0 $42,766 ($42,766) $0 001 General Fund 87600 - Maintenance $0 $0 $233,285 $0 $0 $233,285 ($233,285) $0 001 General Fund 87710 - Adver And Community Promotion $0 $0 $5,824 $0 $212,867 $218,691 ($218,691) $0 001 General Fund 87800 - Miscellaneous Serv & Supplies $0 $0 $330,000 $0 $0 $330,000 ($330,000) $0 001 General Fund 87810 - Utilities Expenses $0 $0 $0 $0 $0 $0 $0 $0 001 General Fund 87825 - Conference, Travel and Training $0 $0 $0 $34,789 $0 $34,789 ($34,789) $0 001 General Fund 87865 - Subscription Based IT $0 $0 $0 $0 $27,440 $27,440 ($27,440) $0 001 General Fund 87870 - Contractual Serv Not Class $38,940 $124,085 $456,936 $3,121 $175,436 $798,518 ($798,518) $0 001 General Fund 87930 - City Membership $0 $0 $0 $0 $0 $0 $0 $0 001 General Fund 87940 - Mandated Program Costs $0 $0 $41,154 $0 $0 $41,154 ($41,154) $0 001 General Fund 3 Mat/Serv/Sup $50,836 $124,085 $1,098,069 $37,910 $415,743 $1,726,643 ($1,726,643) $0 001 General Fund 87640 - Vehicle Equipment Maintenance $0 $0 $35,973 $0 $0 $35,973 ($35,973) $0 001 General Fund 87650 - Technical Services Maintenance $0 $0 $657,744 $0 $0 $657,744 ($657,744) $0 001 General Fund 87660 - Workers Comp Insurance $0 $0 $0 $0 $0 $0 $0 $0 001 General Fund 87680 - Unemployment Insurance $0 $0 $0 $0 $0 $0 $0 $0 001 General Fund 87740 - Vehicle Equipment Amortization $0 $0 $0 $0 $0 $0 $0 $0 001 General Fund 87840 - Insurance And Surety Bonds $0 $0 $0 $0 $0 $0 $0 $0 001 General Fund 5 Interfund Services $0 $0 $693,717 $0 $0 $693,717 ($693,717) $0 Subtotal $866,996 $238,983 $2,494,730 $748,370 $1,061,125 $5,410,204 ($1,907,360) $3,502,844 City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - City Manager's Office
Adjustments for Fully-Burdened Hourly Rate Calculation
Calculation of Fully-Burdened Hourly Rate
Description Total Notes
Divisional Expenses $3,502,844
Productive Hours 21,063 [b]
Total $166
Full Cost Factors for Hourly Rate Buildup
Description Total Share Per Hour
Personnel $3,502,844 100% $166
Equipment $0 0% $0
Materials / Supplies $0 0% $0
Other Costs $0 0% $0
Overhead $0 0% $0
Total $3,502,844 100% $166
r::::::::::::::

City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - City Manager's Office
Information Below is for Use if City Desires to Use Positional Hourly Billing Rates Scenario 1: Uniform Assignment of Materials and Overhead Costs Per Hour Calculate Benefit Ratio
Salary Accounts $2,361,423
Benefit Accounts $1,141,421
Total 0.48
Calculation of Direct Hours Ratio (Billing Factor)
Description
Base Hrs
Per FTE
Adjust for
Typical Leave
Productive
Hours
Direct Hours
%
Direct Hours
Per FTE Notes
Hours 2,080 (216) 1,864 100% 1,864
Direct Hours Bill Factor (For Every $ of Salary Add this amount to account for Direct Hrs v. Total Hrs.) 1.12 Position
Top Step Hrly
[c] Benefits
Subtotal Labor
Costs
Adjust for
Direct Hours
Total Labor
Rate
Add: M'tls /
Supplies
Add:

Overhead
Total
Hourly Rate
Chief Operating Officer $207 $100 $307 1.12 $342 $0 $0 $342 City Manager $201 $97 $298 1.12 $333 $0 $0 $333
Assistant City Manager $180 $87 $267 1.12 $297 $0 $0 $297 Assistant to the City Manager $122 $59 $181 1.12 $202 $0 $0 $202 Public Information Officer $117 $57 $174 1.12 $194 $0 $0 $194 Development Project Manager $108 $52 $161 1.12 $180 $0 $0 $180 Management Analyst / Com. & Outreach Mgr $86 $42 $128 1.12 $142 $0 $0 $142 Management Analyst $75 $36 $111 1.12 $124 $0 $0 $124
Executive Assistant to the City Manager $74 $36 $109 1.12 $122 $0 $0 $122 Communications Coordinator $63 $30 $93 1.12 $104 $0 $0 $104 Staff Aide I $52 $25 $77 1.12 $85 $0 $0 $85
Office Specialist III $49 $24 $73 1.12 $81 $0 $0 $81
Scenario 2: Assignment of a Common Indirect Rate Factor that Can Be Applied to Base Hourly Wage Rate to Calculate Fully-Burdened Hourly Billing Rate by Position Calculation of Fully-Burdened Hourly Rate Billing Factor (Apply Factor to Top Step Salary for Positional Rates) Description FTE Hours Per FTE Total Hours
Salaries and
Wages
Hourly Wage
Rate Only

Burdened
Hourly Rate ICR Multiplier Notes
Total 11.30 2,080 23,504 $2,594,931 $110 $166 1.51 [a] Source: FY 23/24 & 24/25 Adopted budget.
[b] See allocation of Annual Labor Effort.
[c] Source: Source: City of Santa Clara Salary Plans Effective 12/24/2023. ----------------
City of Santa Clara
Cost of Service Study for Analyzing User and Regulatory Fees City Manager Fees
Calculation of the Estimated Costs of Providing Fee Related Services Cost of Service $297 $124 Cost Recovery Information
Fee Description
Asst
CM
Mgmt
Analyst Total
Asst
CM
Mgmt
Analyst
Cost of
Service Current Fee
Current Cost
Recovery
Proposed
Fee
Proposed
Cost
Recovery Notes
1 No-Fee Parade Permit (For Santa Clara non-profit
organizations)

1.00 3.00 4.00 $297 $372 $669 no fee 0% no fee 0% [a]
[a] Pursuant to Resolution No. 18-8606, no fee is charged.

Community Development Fees
City of
Santa Clara
The Cente r of What 's Poss ib le
City of Santa Clara
User and Regulatory Fee Study
Allocation of Annual Labor Effort - Building
Position [a] FTE [a]
Total Hours
Per FTE [b]
Less:

Holiday &
Leave [c]
Productive
Hours Per
FTE
Total
Productive
Hours
Indirect
[d] Direct [d] Total
Total
Indirect
Hours
Total
Direct
Hours
Total
Hours
Assistant Building Official 1.00 2,080 216 1,864 1,864 100% 0% 100% 1,864 - 1,864 Asst Dir. of Community Development 0.23 2,080 216 1,864 429 100% 0% 100% 429 - 429 Associate Planner 1.25 2,080 216 1,864 2,330 20% 80% 100% 466 1,864 2,330 Building Official 1.00 2,080 216 1,864 1,864 100% 0% 100% 1,864 - 1,864 Combination Inspector 8.00 2,080 216 1,864 14,912 20% 80% 100% 2,982 11,930 14,912 Code Enforcement Technician 1.00 2,080 216 1,864 1,864 20% 80% 100% 373 1,491 1,864 Customer Service Representative 2.00 2,080 216 1,864 3,728 100% 0% 100% 3,728 - 3,728 Director of Community Development 0.23 2,080 216 1,864 429 100% 0% 100% 429 - 429 Inspection Manager 1.00 2,080 216 1,864 1,864 60% 40% 100% 1,118 746 1,864 Office Assistant 1.00 2,080 216 1,864 1,864 100% 0% 100% 1,864 - 1,864 Office Specialist II 4.00 2,080 216 1,864 7,456 100% 0% 100% 7,456 - 7,456 Office Specialist III 2.00 2,080 216 1,864 3,728 100% 0% 100% 3,728 - 3,728 Office Specialist IV 1.00 2,080 216 1,864 1,864 100% 0% 100% 1,864 - 1,864 Management Analyst 1.00 2,080 216 1,864 1,864 60% 40% 100% 1,118 746 1,864 Permit Center Supervisor 1.00 2,080 216 1,864 1,864 60% 40% 100% 1,118 746 1,864 Permit Technician 7.00 2,080 216 1,864 13,048 30% 70% 100% 3,914 9,134 13,048 Plan Review Manager 1.00 2,080 216 1,864 1,864 60% 40% 100% 1,118 746 1,864 Plans Examiner 4.00 2,080 216 1,864 7,456 20% 80% 100% 1,491 5,965 7,456 Senior Inspector 6.00 2,080 216 1,864 11,184 20% 80% 100% 2,237 8,947 11,184 Senior Permit Technician 2.00 2,080 216 1,864 3,728 20% 80% 100% 746 2,982 3,728 Senior Plans Examiner 5.00 2,080 216 1,864 9,320 20% 80% 100% 1,864 7,456 9,320 Staff Analyst I 1.00 2,080 216 1,864 1,864 100% 0% 100% 1,864 - 1,864 Subtotal - Directly Budgeted FTE 51.71 96,387 43,636 52,751 96, 387
Contract Svcs [a],[e] $1,426,451 7,588 0% 100% 100% - 7,588 7,588 Total 103,975 43, 636 60,339 103,975
Total 42% 58% 100%
Hrly Rate for Contract Plan Chk Svc Total [f]
Level II $181
Level III $196
Average $188
[a] Source: FY 23/24 & 24/25 Adopted budget.
[b] Based on 40 hour week * 52 weeks per year.
[c] Amount intended to serve as reasonable estimate. Amount will vary annually, and by employee. Amount assumes twelve days holiday, ten days vacation/personal leave, five days sick leave. [d] Amounts intended to serve as reasonable estimates developed for this analysis. Amount will vary annually, and by employee. Amount based on position and consultant experience working with similar municipalities. [e] Total hours calculated as: forecast expenses / average hourly rate for contract plan review services. [f] Amount based on January 2021 contractual service agreement entered into for qualified plan check and inspection services list, adjusted by change in annual CPI from 2021 through 2023. r:::::::::-
City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - Building
FY 23/24 Forecast Expenses [a] Program 5532 5533 5534
Fund # Fund Desc Account Desc
Plan Rvw &
Prmt Field Inspect
Housing
Inspect Subtotal Adjustment Total Notes
155 Building Inspection Fund 87010 - Salary And Wages - Regular $3,921,137 $2,414,707 $20,533 $6,356,377 $0 $6,356,377 155 Building Inspection Fund 87011 - Salary Attrition and VTO $0 $0 $0 $0 $0 $0 155 Building Inspection Fund 87017 - Premium Pay $0 $0 $0 $0 $0 $0 155 Building Inspection Fund 87020 - Salary And Wages - As Needed $110,872 $0 $0 $110,872 $0 $110,872 155 Building Inspection Fund 87030 - S & W - O.T. Vacation Relief $33,262 $0 $0 $33,262 $0 $33,262 155 Building Inspection Fund 1 Salary Accounts $4,065,271 $2,414,707 $20,533 $6,500,511 $0 $6,500,511 155 Building Inspection Fund 87212 - PERS - Misc $1,333,184 $817,962 $6,821 $2,157,967 $0 $2,157,967 155 Building Inspection Fund 87221 - Medicare $59,588 $36,222 $317 $96,127 $0 $96,127 155 Building Inspection Fund 87222 - Social Security $238,062 $148,356 $994 $387,412 $0 $387,412 155 Building Inspection Fund 87230 - Health Allocation $427,777 $280,711 $1,138 $709,626 $0 $709,626 155 Building Inspection Fund 87241 - Dental - City Paid $8,309 $4,783 $28 $13,120 $0 $13,120 155 Building Inspection Fund 87242 - Long Term Disability-City Paid $15,789 $9,659 $38 $25,486 $0 $25,486 155 Building Inspection Fund 87243 - Vision- City Paid $3,352 $1,933 $12 $5,297 $0 $5,297 155 Building Inspection Fund 87250 - Basic Life Insurance $1,421 $744 $12 $2,177 $0 $2,177 155 Building Inspection Fund 87271 - VEBA $18,126 $10,440 $60 $28,626 $0 $28,626 155 Building Inspection Fund 87272 - EAP $1,450 $836 $4 $2,290 $0 $2,290 155 Building Inspection Fund 87274 - Auto Allowance $9,835 $1,080 $120 $11,035 $0 $11,035 155 Building Inspection Fund 87275 - Mobile Phone Allowance $3,322 $912 $48 $4,282 $0 $4,282 155 Building Inspection Fund 87279 - Misc. Other Benefits $60 $1,971 $0 $2,031 $0 $2,031 155 Building Inspection Fund 87390 - OPEB $110,266 $63,510 $364 $174,140 $0 $174,140 155 Building Inspection Fund 2 Benefit Accounts $2,230,541 $1,379,119 $9,956 $3,619,616 $0 $3,619,616 155 Building Inspection Fund 87500 - Operating Supplies $91,234 $24,398 $0 $115,632 $0 $115,632 155 Building Inspection Fund 87800 - Miscellaneous Serv & Supplies $260,000 $40,000 $0 $300,000 $0 $300,000 155 Building Inspection Fund 87825 - Conference, Travel and Training $21,108 $15,154 $541 $36,803 $0 $36,803 155 Building Inspection Fund 87870 - Contractual Serv Not Class $1,420,498 $5,953 $0 $1,426,451 $0 $1,426,451 155 Building Inspection Fund 3 Mat/Serv/Sup $1,792,840 $85,505 $541 $1,878,886 $0 $1,878,886 155 Building Inspection Fund 87640 - Vehicle Equipment Maintenance $0 $31,039 $0 $31,039 $0 $31,039 155 Building Inspection Fund 87650 - Technical Services Maintenance $551,100 $0 $0 $551,100 $0 $551,100 155 Building Inspection Fund 87660 - Workers Comp Insurance $18,494 $12,217 $98 $30,809 $0 $30,809 155 Building Inspection Fund 87680 - Unemployment Insurance $0 $0 $0 $0 $0 $0 155 Building Inspection Fund 87740 - Vehicle Equipment Amortization $0 $46,587 $0 $46,587 $0 $46,587 155 Building Inspection Fund 87840 - Insurance And Surety Bonds $0 $0 $0 $0 $0 $0 155 Building Inspection Fund 87994 - Services from Other Funds-CAP $489,591 $489,334 $52,119 $1,031,044 ($1,031,044) $0 [b] 155 Building Inspection Fund 5 Interfund Services $1,059,185 $579,177 $52,217 $1,690,579 ($1,031,044) $659,535 155 Building Inspection Fund 89950 - Trs Out - Miscellaneous $7,000 $0 $0 $7,000 $0 $7,000 155 Building Inspection Fund 89952 - Trs Out - General Fund $175,725 $0 $0 $175,725 $0 $175,725 155 Building Inspection Fund 89990 - Intra Trs Out - Miscellaneous $1,737 $0 $0 $1,737 $0 $1,737 155 Building Inspection Fund 9 Other Expenditures $184,462 $0 $0 $184,462 $0 $184,462 Subtotal $9,332,299 $4,458,508 $83,247 $13,874,054 ($1,031,044) $12,843,010 City of Santa Clara
User and Regulatory Fee Study
Hourly Rate Calculation - Building
Adjustments for Fully-Burdened Hourly Rate Calculation
Allocation of Citywide Overhead
Description
Plan Rvw &
Prmt Field Inspect
Housing
Inspect Subtotal Adjustment Total Notes
Allocation of Citywide Overhead - Services from Other Funds CAP Plan Amount $510,907 $510,907 $49,754 $1,071,567 $0 $1,071,567 [c],[d] Adjustment for FY 2024/25 2% 2% 2% 2% 2% 2% [c],[d]
Allocation of Citywide Overhead - Services from Other Funds CAP Plan Amount $521,125 $521,125 $50,749 $1,042,249 $0 $1,042,249 Total Divisional Costs
Total $13,885,259
Calculation of Fully-Burdened Hourly Rate
Description Total Notes
Divisional Expenses $13,885,259
Direct Hours 60,339 [e]
Total $230
Full Cost Factors for Hourly Rate Buildup
Description Total Share Per Hour
Personnel $11,546,578 83% $191
Equipment $0 0% $0
Materials / Supplies $1,111,970 8% $18
Other Costs $0 0% $0
Overhead $1,226,711 9% $20
Total $13,885,259 100% $230
[a] Source: FY 23/24 & 24/25 Adopted budget.
[b] Accounted for in separate section of this worksheet. [c] Source: Citywide overhead cost allocation plan. Aligns to City's typical budgeting practice of increasing cost allocation amounts by 2% for second year of adopted budget. [d] For purposes of this analysis, amounts allocated to Fund 155 are distributed evenly between Program 5532 and 5533. [e] See worksheet labeled: Allocation of Annual Labor Effort - Building.