City Council and Authorities Concurrent
August 20, 2024

D. Based on the final approval of the merger/acquisition, it is the desire of City to formally consent to the assignment by Vision Technology Solutions, LLC of all its rights, obligations and interest in the Original Agreement to Granicus, LLC.

In consideration of the above referenced recitals and the following mutual covenants, commitments and obligations, the Parties agree, as follows:

CONSENT AGREEMENT PROVISIONS

1. Based on a written request received by the City from the Granicus, LLC, ( and contingent upon the finalization of the merger) City hereby consents to the assignment of the Original Agreement and all of the rights, duties, obligations and interest set forth therein from Vision Technology Solutions, LLCto Granicus, LLC. This consent is based on representations made by Granicus, LLC and Vision Technology Solutions, LLC and all the duties and obligations ofVision Technology Solutions, LLC to perform specified services included in the Original Agreements shall be performed by Granicus, LLC after the merger is complete. This Consent is effective as of the completion of the merger. If, for any reason, the pending merger is not completed, this Consent Agreement shall be deemed void and Vision Technology Solutions, LLC shall continue to be bound to perform the obligations set forth in the Original Agreements.

2. City acknowledges and relies on this acceptance by Granicus, LLC of all of the rights, obligations and interest in the Original Agreement and the relinquishment of all such the rights, obligations and interest in the Original Agreement by Vision Technology Solutions, LLC. Granicus, LLC agrees to undertake any and all action( s) necessary to meet the terms and conditions of the Original Agreement referred to in this Consent Agreement.

3. Upon execution of this Consent Agreement ( and the completion of the pending merger) any pending debts or obligations due to City and those which subsequently arise or accrue from the terms and conditions of the Original Agreement shall become payable by Granicus, LLC to the City or its agents, or assigns.

4. This Consent Agreement embodies the entire agreement between City, Granicus, LLC and Vision Technology Solutions, LLC and all of its terms and conditions. No verbal agreements or conversation with any officer, agent or employee of City prior to execution of this Consent Agreement shall affect or modify any of the terms or obligations contained in this Consent Agreement. Any such verbal agreement shall be considered as unofficial information and in no way binding upon City.

5. As a condition of the terms of this Consent Agreement, Granicus, LLC shall provide the City with the following:
a. revised Certificate of Insurance, as well as all policy endorsements to indicate that Granicus, LLC has purchased, and is maintaining, all of the required insurance policies and has provided the required endorsements which were included in the terms and conditions of the Original Agreement.

Consent to Assignment Agreement/Granicus, LLC
Rev. 02/01/15

b. Prior to the effectiveness of any assignment or transfer under this Consent Agreement, Granicus, LLC shall execute and deliver a fully executed and notarized Affidavit of Compliance with Ethical Standards (if applicable).

6. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement , including those transmitted by facsimile, shall be sufficient to bind the Parties.

The Parties to this Consent Agreement hereby acknowledge and accept the terms and conditions stated herein by the following signatures of their duly authorized representatives. The signature of the duly authorized representative of Granicus, LLC confirms its acceptance of the terms and conditions of the Original Agreement and the assignment of the Original Agreement from Vision Technology Solutions, LLC. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

APPROVED AS TO FORM:
r-✓ BRIAN DOYLE
City Attorney

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated: r -J). - t 9
D~ ~h-l TANA
City Manager
1500 Warburton A venue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
"CITY"
Granicus, LLC Vision Technology Solutions, LLC,
DBA Vision Internet Providers, a Minnesota limited liability company a Delawar Ii ited liability company
Dated: CP 15 01
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Title : i ¥\ t l> L- t<. I
Address: HD6,st flkrStrtli:j Ste.&oo
St-Pt11,1). MN ~\ ~2-
Telephone: 'fjoo -2HL1:

Facsimile:

Email Addr-e-ss-: i\~~-W-V1-.-~-u~b-Ct_t_0~ ~ f tm IWS. WW\ "Assignor"
Consent to Assignment Agreement/Granicus , LLC
Rev. 02/01/15
Telephone: 00 - :SlL:i, 01 ~
Facsimile:

Email Addr-e-ss-: ~d_a_W_Vl_, t<- lAc-~- t ..,,...~ ..... @- r,_a_n,'cl.J.S . ~ M "Assignee"

Ebix Insurance No. S200004251
REINSTATEMENT AND AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

GRANICUS, LLC

PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Granicus, LLC, a Minnesota limited liability company, (Contractor}. City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. The City and Vision Technology Solutions, LLC previously entered into an agreement entitled "Agreement for the Performance of Services by and between the City of Santa Clara, California, and Vision Technology Solutions, LLC", dated June 15, 2017 (the "Original Agreement"); and
B. The Parties entered into a Consent to Assignment Agreement on June 25, 2019 to reflect Contractor's acquisition of Vision Technology Solutions, LLC and to memorialize the City's consent to the assignment by Vision Technology Solutions, LLC of all its rights, obligations, and interest in the Original Agreement to Contractor;
C. The termination of the Original Agreement, which terminated on June 30, 2018, is hereby revoked and, except as expressly modified by this Amendment No. 1, the Original Agreement shall be, and hereby is, reinstated in its entirety and shall be in full force and effect as if the same had never been terminated; and D. The Parties entered into the Original Agreement for the purpose of having Contractor provide design, support, maintenance, hosting and licensing services for the City websites, and the Parties now wish to amend the Original Agreement to modify the agreement end date, and modify the scope of services to be provided by Contractor.

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AMENDMENT TERMS AND CONDITIONS
That paragraph number one of Section 5 of the Original Agreement, entitled "Term of Agreement" is hereby amended by deleting the existing Section 5 in its entirety and replacing it with the following:
"Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on August 31, 2024."

2. AMENDMENT TERMS AND CONDITIONS
That Exhibit A of the Original Agreement, entitled "Scope of Services " is hereby amended to add additional services as set forth in Exhibit A-2 "Scope of Services" attached here and incorporated by this reference.

3. AMENDMENT TERMS AND CONDITIONS
That Exhibit B of the Original Agreement, entitled "Fee Schedule" is hereby amended to add additional fees as set forth in Exhibit 8-2 "Fee Schedule" attached here and incorporated by this reference.

4. TERMS
All other terms of the Original Agreement which are not in conflict with the provisions of this Amendment No. 1 shall remain unchanged in full force and effect. In case of a conflict in the terms of the Original Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

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

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018
Page2
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:

Approved as to Form:
q}~1M~
Dated: -, - .?.)- If
~ f,BRIANOYLE ~ f dl DENA J. SANTANA
City Attorney
"CITY"
City IVlanager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771

GRANICUS, LLC
a Minnesota limited liability company
Dated: ~
By (Signature): -,,,c.=.==--- ---=-.,.c....,...-=---;<----------­ Name: Dawn K at
Title: Vice President of Legal
Principal Place of 408 Saint Peter Street, Suite 600
Business Address: Saint Paul, MN 55102
Email Address : [email protected]
Telephone: (800) 314-0147
"CONTRACTOR"
Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

GRANICUS, LLC
EXHIBIT A-2

SCOPE OF SERVICES
Contractor shall provide Subscription Services and Website Design and Implementation Services as set forth in this Exhibit A-2.

Subscription Services
Contractor agrees to provide Hosting Services, Upgrade Services and Support Services (collectively "Subscription Services") as provided below for the City's Website.

Contractor will provide Subscription Services to the City in exchange for payment of fees and compliance with the terms and conditions of this Exhibit and the Agreement.

Subscription Services include the following:

Hosting Services. Contractorwill provide shared website hosting and shared database hosting for one (1) unique website hosting the City's websites and four subsites, which are as follows:
• City of Santa Clara (http://santaclaraca.gov )
• Silicon Valley Power (http://siliconvalleypower.com ) • Silicon Valley Fiber (http://svpfiber.com)
• Silicon Valley Animal Control Authority (http://svaca.com ) • Santa Clara City Library (http://sclibrary.org)
Websites exceeding 15GB of storage shall be subject to an additional monthly fee of $50 per 5GB increment. The shared server hosting environment is as follows: Quad-core or Hex-core processors; 10 GB~16 GB memory per hosting virtual server; VMware High Availability Configuration; RAID 50 and up Storage Area Network Configuration .

Upgrade Services. Contractorwill provide Upgrade Services for improvements made to Contractor 's platform which include:
• Enhancements to the backend website functionality.
• Enhancements to the Included Interactive Components and website customizations .

Amendment No. 1 to Agreement/Granicus , LLC
Rev. 08/28/2018

• New visionlive™ Interactive Components that may be released from time to time by Contractor
• Bug fixes to the Contractor's software code.
• Updates to provide compatibility to future versions of Supported Web Browsers as defined below within three months of their release. Compatibility with previous versions of Supported Web Browsers is not guaranteed.
• Supported Web Browsers for Frontend: Firefox, Internet Explorer, Chrome, and Safari.
• Supported Web Browsers for Backend (administrative portal) of the website: the latest released versions at the time of Completion of Firefox and Internet Explorer.
• Supported Web Browsers for visionMobileTM: iOS Safari, Android Chrome, and Windows Phone 7/8/8.1 Internet Explorer.

To receive the Upgrade Services, a non-interrupted Subscription Services Plan must be in place from time of website launch and the Contractor's products, services, and software code must be unmodified, except as modified by Contractor in accordance with City's specifications or instructions or this Agreement.

Upgrade Services do not include:
• Optional Interactive Components.
• Modules, Programs, or Software Applications.
• Conversion to new platforms.
• Modification of third-party products.
• Updates to provide compatibility to third-party products, except for those included in Contractor's products and services.
• Upgrades that require modification or customization to website design. • System configuration, website content editing and/or formatting, website design, custom data updates, etc.

Support Services. Support Services is defined as technical support for the unmodified products and services, except as modified by Contractor in accordance with City's specifications or instructions or this Agreement. Contractor will provide Support Services to a designated City account manager, system administrator or webmaster.

Technical support is generally available by email and telephone from 6:00 AM to 8:00 PM Pacific Time Monday through Friday excluding holidays ("Business Hours"), with emergency support available 24 hours a day, 7 days a week. An emergency is defined as City's website being down for more than ten (10) minutes.

Redesign Services. At the conclusion of year four of continuous Subscription Services, the City will be entitled to a basic graphic redesign of three (3) websites. Basic graphic redesign does not include design themes. Services shall include:
• Project Management
Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018
Pages
• Wireframe Development
• Graphic Design Development with one preliminary concept • Graphic Production
Contractor will not develop a sitemap or new content as part of the redesign, but will assist City in transferring existing content into the new design.

Included Interactive Components and Features. The initial Included Interactive Components and Features provided in City's project are, subject to upgrades and revisions, based on Contractor's then current Included Interactive Components listed on the Roadmap. Additional options may be available and can be added for an additional fee.

Security Policy.:.
• Data Protection and Recovery. Contractor safeguards hosted data and services to current best practices for data protection and recovery of website hosting services to restore the website back to its condition as it existed at the day of the most recent backup preceding an issue. Practices include:
o Frequency of Backups: Website is backed up daily and two weeks of database backups kept at all times.
o Extent of Backups: All site files and the entire site database. • Hosting Security. Contractor safeguards the hosting infrastructure, data and services to current best practices for physical and cyber security to thwart unauthorized access. Practices include:
o Physical Security: Entry to Contractor's hosting facility requires ID, fingerprint scanner, and/or key card.
o Software Based Security: Contractor utilizes Windows Firewall, McAfee VirusScan Enterprise or Norton Enterprise AntiVirus, and Cisco or SonicWALL hardware firewall. All Microsoft security patches are installed and kept up to date on Contractor's maintenance schedules. o All security patches are installed and kept up to date on Contractor's equipment based on their maintenance schedule, operating systems, and software.
o Development servers are behind firewalls.
o Contractor Is alerted to any server lssue(s) and shall take appropriate action to correct said lssue(s) pursuant to the Service Levels provision below.
o For the live servers, only administrators can access it from certain IPs, all other access requests will be blocked.
o All remote accesses will be logged into system security log files.

Amendment No. 1 to AgreemenUGranicus, LLC
Rev. 08/28/2018
Page6
• Outage Notification. All notification is done through https://status.granicus.com.

City must subscribe to the website to receive updates.
• Scheduled Maintenance. Normal scheduled maintenance will occur between 10:00 PM and 2:00 AM Pacific Time on Thursdays. While some services may be slowed or inaccessible during this time, the websites will not be down.

Unless City has retained other Services from Contractor under the applicable Exhibit, City is solely and exclusively responsible for all services not expressly provided for in this Exhibit. Any changes, alterations or modification requested by the City to their Website may be subject to a fee to be quoted by a Contractor representative at the time of the request. Any such changes may be subject to amendment of the Agreement, as set forth in Section 25 of the Original Agreement.

Service Levels
Uptime Guarantee: Contractor shall provide 99.9% uptime for Hosting Services. If website is not available 99.9% of the time, other than routine and scheduled maintenance, then City shall be entitled to a credit as provided in the table below.

Contractor's failure to provide 99.9% of uptime may be entitled to a Service Credit as provided below. Notwithstanding the foregoing, the uptime guarantee does not apply to denial of service attacks or distributed denial of service attacks to the City website.

Monthly Uptime Percentage Service Credit
Less than 99.9% 100%

TABLE OF SERVICE LEVEL
Service Level Level 1 Error Level 2 Error Level 3 Error Required (time measured from initial report of Error to Contractor) Initial Response 1 business hour 4 business hours 40 business hours Due
Correction 4 business hours 3 business days As mutually agreed Required
Escalation 2 hours 2 business days N/A
A. CLASSIFICATION OF SERVICES. Services are classified as follows:
( 1 ) Service Level 1 :

An Error, which there is no means of circumvention, causing (i) the website to be unreachable by public users, or (ii) non-authorized content to be displayed on the website (i.e. hacking). Contractor is not responsible for downtime or errors associated with denial of service attacks, distributed denial of service attacks, or Subscriber's DNS server unless the DNS server is hosted by the Contractor. Subscriber will check Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018
Page?
uptime of website via IP address prior to reporting an Error to Contractor.

A Service Level 1 is sometimes referred to as "Critical" and may be attributed to the content management tool or third-party software "crashing" the server, hardware failure, server attack, hack, or virus. (2) Service Level 2:

An Error, which (1) there is no means of circumvention, (2) which affects an essential component of the content management tool non-functioning, (3) the Subscriber has encountered while performing regular updates to the website, and (4) which did not occur at the time of the website launch.

A Service Level 2 is sometimes referred to as "Urgent", and usually requires debugging of programming code.

For example: if a content management tool is non-functioning and it is in frequent use by the customer remediation of these issues will be completed begin with four (4) hours and be completed on a priority basis. (3) Service Level 3:

Programming code and/or graphic changes that the Subscriber would like Contractor to perform. These changes may include changing programming logic, adding functionality or features, creating new templates, adding new graphics, or modifying existing graphics. A Service Level 3 is sometimes referred to as "Enhancement" and will be billed at prevailing hourly rates.

8. SERVICE LEVEL CORRECTION. Contractor generally corrects reported Service Level Requests in accordance with the following provisions. All time references below are clock hours or calendar days, unless otherwise specified. ( 1 ) Service Level 1 Errors
a. Contractor shall provide full business contact information for emergency support to be used by Subscriber at any time on a seven (7) day a week, twenty four (24) hours a day basis to report Level 1 Errors.
b. Contractor shall provide an initial response to all Service Level 1 Errors within one (1) business hour following the report of Error. In the event Contractor fails to respond within two (2) business hours following the report, then Subscriber shall be entitled to a credit in an amount equal to 5% of the current monthly Subscription Services fee for each hour that the Contractor fails to respond, up to a maximum of 15%.

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018
Page8
c. Contractor shall use commercially reasonable efforts to resolve Service Level 1 Errors within four ( 4) business hours following the report of Error.
(2) Service Level 2 Errors
a. Contractor shall provide Subscriber with full business contact information for emergency support to be used during normal business hours (6 a.m. to 8 p.m. PST, Monday through Friday, excluding Federal and California State holidays).
b. Contractor shall provide an initial response to all Service Level 2 Errors within four (4) business hours following the report of Error. c. Contractor shall use commercially reasonable efforts to resolve Service Level 2 Errors within three (3) business days. All other errors affecting non-essential components of the content management tool, or errors that can be reasonably circumvented, but requires debugging of programming code, will be corrected during the next regular update cycle as mutually agreed. (3) Service Level 3
a. Contractor shall provide Subscriber with full business contact information for support to be used by Subscriber during normal business hours (6 a.m. to 8 p.m. PST, Monday through Friday, excluding Federal and California State holidays).
b. Contractor shall provide an initial response to all Service Level 3 Requests within forty (40) business hours following the request. c. Contractor shall use commercially reasonable efforts to resolve Service Level 3 Requests as mutually agreed. Contractor will bill Subscriber at prevailing hourly rates for any changes requested by the Subscriber.

C. ESCALATION PROCEDURE. In the event Contractor has been unable to provide either a permanent or a mutually acceptable temporary resolution within the applicable timeframes set forth in Section B above, Contractor shall initiate the following escalation procedures.
(1) Service Level 1 Errors: If a Service Level 1 Error is not corrected within one (1) hour following the report of Error, Contractor technicians attempting to correct the situation shall notify Contractor's Vice-President of Operations, who will immediately become personally involved in resolving the problem. Contractor shall keep Subscriber apprised of the Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018
Page9
status of its efforts to correct the Error at no less than one (1) hour intervals for the first two (2) hours, and as frequently as necessary thereafter.
(2) Service Level 2 Errors: If a Service Level 2 Error is not corrected within two (2) business days following the report of Error, Contractor technicians attempting to correct the situation shall notify Contractor's Director of Software Development, who will immediately become personally involved in resolving the problem. Contractor shall keep Subscriber apprised of the status of its efforts to correct the Error at no less than weekly intervals.

City Website Development

SERVICE
Customizations (Non-recurring)
• This service represents a Main Site new Wireframe

SERVICE
govAccess -Web Design and Implementation - Specialty Sub • This service represents a govAccess Specialty Subsite - Library The govAccess Independent Subsite includes:
• UX consultation, which may include one (1) or more of the following:
• One (1) site analytics report
• One (1) heatmap analysis
• One (1) internal stakeholder survey
• Three (3) customer journeys (top tasks or heavily visited webpages) identified for optimization
• Fully customized wireframe
• Unique design theme, including color palette for landing page and interior pages • Unique header and footer
• Unique navigation design
• Individual URL and search capabilities
• Optional video background (included)
• Optional custom mobile homepage (included)

SERVICE
Communications Cloud Setup and Configuration
The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the City will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud setup and configuration includes:

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

• Implementation consultant will be assigned during the setup process for up to 90 days • Unlimited access to Web-based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics
• Up to 2 Web-hosted training sessions that must be used within 180 days of Kickoff (Kickoff date will be mutually agreed upon by the Parties) • Up to 5 hours of message template and integration development that must be used within 90 days of Kickoff

SERVICE
Communications Cloud - Online Training
Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology

SERVICE
Advanced Package - Setup and Configuration
Implementation includes:
• Access to an implementation consultant for up to 90 days • Access to online training documentation around advanced account functions and capabilities
• Up to 2 Web-hosted training sessions within 180 days of kickoff • Up to 5 hours of message template and integration development within 90 days of kickoff
The implementation process takes four to six weeks, on average, depending on the availability of stakeholders and/or current GovDelivery Communications Cloud experience

SERVICE
Advanced Package - Online Training
Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology.

SUBSCRIPTIONS
govAccess for Traditional visionLive
The govAccess Traditional Maintenance, Hosting, and Licensing plan is designed to equip the City with the technology, expertise and training to keep the City's website relevant and effective over time.

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

SUBSCRIPTIONS
Customizations (Recurring)
The following described service is a "Customization". A "Customization" is non-standard functional programming that is unique to a particular City and can potentially conflict with visionlive updates.

SUBSCRIPTIONS
govAccess - Maint/Hosting/ License Fee - Specialty Sub
Maintenance, Hosting and Licensing includes the following for the City's Specialty Subsite(s) covered by the subscription:
• Monthly software updates
• Unlimited technical support (6:00 AM - 8:00 PM PT, Monday- Friday) • Access to training webinars and on-demand video library • Access to best practice webinars and resources
• Annual health check with research-based recommendations for website optimization • DDoS mitigation
• Disaster recovery with 90-minute failover (RTO) and 15-minute data replication (RPO)

SUBSCRIPTIONS
Communications Cloud (Tier: Up to 75,000 Subscribers)
*In the event that the 75,000 subscriber limit is exceeded or likely to be exceeded during an annual subscription term of this Agreement, Contractor shall provide updated pricing to City for the appropriate subscriber level.

The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the City will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud includes:
• Unlimited email sends with industry-leading delivery and management of all bounces • Support to upload and migrate existing email lists
• Access to participate in the GovDelivery Network
• Ability to send mass notifications to multiple devices • 24/7 system monitoring, email and phone support during business hours, auto- response to inbound messages from end users, and emergency support • Text-to-subscribe functionality
• Up to 2 Web-hosted training sessions annually
• Up to 50 administrators
Amendment No. 1 to AgreemenUGranicus, LLC
Rev. 08/28/2018

• Up to 1 GovDelivery account(s)
• Access to a complete archive of all data created by the City for 18 months (rolling) • Up to 3 hours of message template and integration development • Up to 100 subscription topics
• Up to 100,000 SMS/text messages per year from a shared short code within the United States. International numbers are not supported. SMS/text messages not used in the period of performance will not carry over to the following year.

SUBSCRIPTIONS
Communications Cloud Advanced Package
The Advanced Cloud Module gives government communicators better insight into the needs of citizens and improves their ability to enhance online transactions, promote behavior change through public awareness, and improve citizen engagement. The Advanced Cloud Module adds streamlined marketing capabilities that incorporate greater degrees of audience segmentation, personalization, message testing, and mobile engagement. The Advanced Cloud Module includes:
• Dynamic segmentation around bulletins, engagement, and question ( e.g. zip code) • Canned campaigns for re-engagement and new subscriber onboarding • Testing: Simple (A/8, 10/10/80)
A subscription for the Advanced Cloud Module is dependent on an active license for the GovDelivery Communications Cloud.

General Terms and Conditions for New Services/Subscriptions:
• The fees outlined above are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the City of Santa Clara to provide applicable exemption certificate(s).
• Granicus Communications Suite Subscriber Information. • Data provided by the City and contact information gathered through the City's own web properties or activities will remain the property of the City ("Direct Subscriber"), including any and all personally identifiable information (PII).

Granicus will not release the data without the express written permission of the City, unless required by law.
• Granicus shall: (i) not disclose the City's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the City hereby grants to Granicus a perpetual, noncancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the City, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information).

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

• Data obtained through the Granicus Advanced Network.
• Granicus offers a Saas product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus City's digital communication (the "Advanced Network"). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a "Network Subscriber" to the agency it subscribed to through the Advanced Network.
• Network Subscribers are available for use while the City is under an active subscription with Granicus. Network Subscribers will not transfer to the City upon termination of any Granicus Order, SOW, or Exhibit The City shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. Except as required by applicable law, all information related to Network Subscribers must be destroyed by the City within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating.
• Opt-In. During the last 10 calendar days of the City's subscription, the City may send an opt-in email to Network Subscribers that shall include an explanation of the City's relationship with Granicus terminating and that the Network Subscribers may visit the City's website to subscribe to further updates from the City in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the City upon termination.

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

AGREEMENT FOR THE PERFORMANCE OF SERVICES

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

GRANICUS, LLC
EXHIBIT B-2

FEE SCHEDULE
Consultant shall provide a schedule of rates and fees which includes all billing amounts and costs (if applicable). In no event shall the amount billed to City by Contractor for Additional Services under this Agreement exceed Four Hundred Seventy Three Thousand, Three Hundred and Five dollars and no cents ($473,305.00), subject to budget appropriations for an Agreement total not to exceed amount of Six Hundred Thirty Nine Thousand, One Hundred and Fifteen dollars and no cents ($663,115.00).

Additional Website Redesign Services
Cost Summary of Additional Professional Services for City Website Customizations (Non-recurring)
Cost Summary of Additional Professional Services for Library govAccess Specialty Subsite - Library
$15,000.00
$18,340.00
Cost Summary of Additional Professional Services for Communications Cloud Communications Cloud - Setup and Configuration $6,000.00 Communications Cloud - Online Training $ 500.00
Cost Summary of Additional Professional Services for Advanced Package Advanced Package - Setup and Configuration
Advanced Package - Online Training
Additional Total for Website Redesign Services
Credit for unused "Basic graphic redesign work"
Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018
$1,500.00
$ 500.00
$41,840.00
($24,000.00}

Subscription Services
Rate listed below per year payable to Contractor in advance for each year of the Term of this Agreement. Contractor shall invoice City annually within thirty days of start of service.

A nnua IF f ees or new S b . f > ions u scr11 s erv1ce
9/1/2019- 9/1/2020- 9/1/2021 - 9/1/2022 -
Annual Support 8/31/2020 8/31/2021 8/31/2022 8/31/2023
govAccess - MainV
Hosting/ License Fee
- Specialty Sub 3,960.00 4,158.00 4,365.90 4,584.20
Communications
Cloud 17,500.00 18,725.00 20,035.75 21,438.26
Communications
Cloud Advanced
Packaae 3,750.00 4,012.50 4,293.37 4,593.91
Total Annual
Suooort 25,210.00 26,895.50 28,695.02 30,616.37
A nnua IF ees f R or enewmg S b . f u scrip· ions s erv1ces 9/1/2019- 9/1/2020- 9/1/2021 - 9/1/2022 -
Subscriptions 8/31/2020 8/31/2021 8/31/2022 8/31/2023
govAccess (City site)
SVP, SVP Fiber,
SVACA 20,790.00 21,830.00 22,921.00 24,067.00
Customizations
(Recurrina) 950.00 997.50 1,047.38 1,099.74
6 SSL Certificates
(Recurrina) 1,312.50 1,378.15 1,447.01 1,519.40
Total Annual
Subscriotion 23,052.50 24,205.65 25,415.39 26,686.14
Optional Services enhancements/contingencies
B d ·1 bl II f d I b d t ase on ava1 a e a oca ions an annua U IQe approva Optional Services Yr1 Y2
City Website
Services - 20,000.00
SVP website services - 20,000.00
Total Optional
Services - 40,000.00
Amendment No. 1 to AgreemenVGranicus, LLC
Rev. 08/28/2018
Y3 Y4
20,000.00 20,000.00
20,000.00 20,000.00
40,000.00 40,000.00
9/1/2023 -
8/31/2024 5 yr total
4,813.40
22,938.93
4,915.49
32,667.82 144,084.71
9/1/2023 -
8/31/2024 5 yr total
25,270.00
1,154.73
1,595.34
28,020.07 127,379.75
vs 5 vr total
20,000.00
20,000.00
40,000.00 160,000.00

Total Services Yr1 Y2 Y3 Y4 Y5 5 vr total
Additional
Contract Total
for Website
Redesign
Services 41,840.00 - - - - 41.840.00
Support
Annual Fees
for New
Subscriptions 25,210.00 26,895.50 28,695.02 30,616.37 32,667.82 144,084.71 Annual Fees
for Renewing
Subscriptions 23,052.50 24,205.65 25,415.39 26,686.14 28,020.07 127,379.75 Total Optional
Services - 40,000.00 40,000.00 40,000.00 40,000.00 160,000.00 Total
Additional
Contract Value 90,102.50 91,101.15 94,110.41 97,302.51 100,687.89 473,304.46 Option Services
Optional services not specifically covered in the Agreement and extra hours will be presented to City for approval prior to commencement of work ("Optional Work") and approval may be subject to budget appropriations, City Council's approval, City's discretion, and Granicus' scope of work.

Optional work outside of the scope of work of this Agreement shall be scoped by Granicus and presented to City via a written scope of work. Such additional scope of work shall commence upon the written, mutual agreement of both Parties.

City shall be responsible for any or all additional fees including, without limitation:
photography, stock images, illustration, fonts, scanning, software, applications, online promotion, marketing, copy writing, redesign, change orders, mailings, and fees to any third party vendors if applicable. Maintenance work is considered Optional Work as defined herein.

Payment Structure
All work for the new services and subscriptions under this Agreement shall commence on 9/1/2019. All annual fees are due upfront. All services for Communications Cloud shall be invoiced upfront on 9/1/2019.

All services for govAccess (website redesign) shall be invoiced according to the following milestones:
• An initial payment equal to 40% of the total;
• A payment equal to 20% of the total upon Granicus' delivery of the draft homepage design concepts to the City;
• A payment equal to 20% of the total upon implementation of the main website into the VCMS on a Granicus-hosted development server; and
Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

• A payment equal to 20% of the total upon completion; provided, however that the City has completed training. If the City has not completed training, then Granicus shall invoice the City at the earlier of: completion of training or 21 days after completion.

Amendment No. 1 to Agreement/Granicus, LLC
Rev. 08/28/2018

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-633 Agenda Date: 8/20/2024

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Ordering the Vacation of an Emergency Vehicle Access Easement At 1111 Comstock Street

COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development

BACKGROUND
At the November 4, 2020, Development Review Hearing, the City approved the 1111 Comstock Street Data Center Project (Project) and adopted a Mitigated Negative Declaration (MND) and Mitigation Monitoring Reporting Program (MMRP) for the Project. The Project included the demolition of an existing 23,765 square foot one-story industrial building and construction of a new four-story, approximately 121,170 square-foot data center building, with surface parking, landscaping and site improvements on a 1.38-acre project site located at 1111 Comstock Street. An appeal of the City’s approval of the project was filed on November 12, 2020. The Planning Commission held a public hearing on the appeal and adopted a resolution to deny the appeal on January 27, 2021, thereby upholding project approval. On March 16, 2021, the City Council agenda included an item to discuss the appeal but the appeal request was withdrawn via letter dated March 15, 2021.

DISCUSSION
Due to the redevelopment of the Property, the existing Emergency Vehicle Access Easement encumbering the Property has been relocated and is no longer necessary. The owner has requested that the City vacate the subject easement to clear this unnecessary encumbrance on the Property.

Any relevant facilities previously within said easement or portions to be vacated have been removed or abandoned. All departments and agencies having an interest in the easement concur that the easement is eligible to be vacated. Staff has reviewed this proposal and found that this easement is no longer necessary for public purposes and therefore recommends that it be vacated according to California Streets and Highways Code Section 8333(c).

ENVIRONMENTAL REVIEW
The potential environmental impacts of the Project were addressed in the Project’s MND and MMRP that were approved by the City at the November 4, 2020 Development Review Hearing and upheld by the Planning Commission on January 27, 2021. Therefore, no further action under California Environmental Quality Act (CEQA) is required for this action.

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

COORDINATION
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24-633 Agenda Date: 8/20/2024
This report has been coordinated with the City Attorney’s Office and the Fire Department.

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

RECOMMENDATION

1. Adopt a Resolution Ordering the Vacation of the Emergency Vehicle Access Easement at 1111 Comstock Street [APN 224-08-092]; and

2. Authorize the recordation of the Resolution.

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

ATTACHMENTS

1. Resolution
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Resolution ordering the vacation of EVAE Page 1 of 2
Rev. 8/7/23; Typed:8-7-2023 SC23-0014

RECORD WITHOUT FEE PURSUANT
TO GOV’T CODE SECTION 6103
Recording Requested by:

Office of the City Attorney
City of Santa Clara, California
When Recorded, Mail to:

Office of the City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Form per Gov’t Code Section 27361.6 [SPACE ABOVE THIS LINE FOR RECORDER’S USE] RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,

CALIFORNIA, ORDERING THE VACATION OF AN
EMERGENCY VEHICLE ACCESS EASEMENT AT 1111
COMSTOCK ST [APN 224-08-092 (2023-24)]
WHEREAS, the City of Santa Clara currently possesses the Emergency Vehic le Access Easement described in Exhibit A and shown on Ex hibit B, which Exhibits are incorporated herein by ref erence. Said Easement was dedicated by that certain document as mentioned in said Exhibits; and,
WHEREAS, pursuant to Section 8333 of the California Streets and Highways Code, the City Council “may summarily vacate a public service easement” in any of the following cases:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is l ess than five years, and mor e than one year, immediately preceding the proposed vacation, and the easement was not used continuously since that date.
(c) The easement has been superseded by relocation, or determi ned to be excess by the easement holder, and there are no other public facilities located within the easement.

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

Resolution ordering the vacation of EVAE Page 2 of 2
Rev. 8/7/23; Typed:8-7-2023 SC23-0014

1. That the Emergency Vehicle Access Easement described in Exhibit A and shown on Exhibit B has been superseded by relocation, and there ar e no other pub lic facili ties located within the easement.

2. That the Emergency Vehicle Access Easement described and shown in said Exhibits in the City is hereby vacated pursuant to California Streets and Highways Code Section 8333.

3. That the vacation hereby releases all easement rights and interest of the City referred in said Exhibits to the current property owner(s).

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

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

AND ADOPTED BY THE 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. Exhibits A and B

EXHIBIT A
Legal DescripƟon
Emergency Vehicle Access Easement to be vacated
A porƟon of Parcel C as shown on that Parcel Map Įled for record in Book 270 of Maps, at Page 10, Santa Clara County Records, and being more parƟcularly described as follows:

Commencing at the southwesterly corner of said Parcel C, said corner also being in the northerly line of Comstock Street (50' R/W);
Thence, from said Point of Commencement, along said northerly line, South 89° 09' 20'' East,

33.00 feet to the True Point of Beginning;
Thence, from said True Point of Beginning, leaving said northerly line of Comstock Street, North 00° 50'40'' East, 257.83 feet to the northerly line of said Parcel C; Thence, along last said northerly line, South 89° 09' 20'' East, 20.00 feet; Thence, leaving last said northerly line, South 00° 50' 40" West, 20.00 feet; Thence, along the arc of a tangent curve concave northeast, having a radius of 17.00 feet, through an angle of 90° 00' 00", and an arc length of 26.70 feet; Thence, South 89° 09' 20" East, 5.00 feet;
Thence, North 79° 32' 04" East, 25.50 feet;
Thence, South 89° 09' 20" East, 115.00 feet;
Thence, South 00° 50' 40" West, 20.00 feet;
Thence, North 89° 09' 20" West, 115.00 feet;
Thence, South 79° 32' 04" West, 25.50 feet;
Thence, North 89° 09' 20" West, 5.00 feet;
Thence, along the arc of a tangent curve concave to the southeast, having a radius of 17. 00 feet, through a central angle of 90° 00' 00", and an arc length of 26.70 feet; Thence, South 00° 50' 40'' West, 183. 83 feet to the southerly line of said Parcel C; Thence, along said southerly line of Parcel C, North 89° 09' 20'' West, 20. 00 feet to the True Point of Beginning;
Containing an area of 8,521 square feet, more or less.

PAGE 1 OF 2
(2023-2024)
soo·so· 40"E

20.00·

EXHIBIT T

EASEMENT TO BE ABANDONED
AREA: 8,521 SQ.FT.

PARCEL C
270 MAPS 10
APN: 224-08-092
POC ~ROPERTY LINE \
[NB9°09'20"W 232.96'}

COMSTOCK STREET
50' PUBLIC RIGHT OF WAY POC
TPOB
TPOB
Na9·09•2o"w

20.00 '

POINT OF COMMENCEMENT

TRUE POINT OF BEGINNING
EMERGENCY VElilCLE A~ VACATION / EXHIBIT T
SLOOTEN CONSULTING, INC.

LAND SURVEYING
4600 NORTHGATE BLVD., SUITE 105
SACRAMENTO, CA 95834
SLOOTEN.COM
EASEMENT EXHIBIT= 1111 COMSTOCK STHEE I

SANTA CLARA, CA
PROJECT NO. 18-225684.10
(916)641-7570
(FAX)641- 7572
[email protected]
soo ·so· 4o"w

20.00·
20 40
I I
1 inch = 40 ft.

DATE:11/14/23 JOB NO. 11533
SCALE: 1 '=40" REVISIONS:

DRAWN BY MR PAGE2 OF 2
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-510 Agenda Date: 8/20/2024

REPORT TO COUNCIL

SUBJECT
Action to Adopt the Americans with Disabilities Act Self-Evaluation and Transition Plan, Unfreeze 1.0 Associate Engineer position in the Department of Public Works to Support ADA Plan Implementation, and Approve Related Budget Amendments

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

EXECUTIVE SUMMARY
In order to ensure compliance with the Americans with Disabilities Act (ADA), the City has been working on updating the ADA Self Evaluation and Transition Plan (Plan). The Plan evaluates existing public services, policies, practices, and facilities to identify ADA barriers and includes recommendations to improve them over time. A significant number of accessibility-related improvements to public facilities are also recommended in the Plan, and criteria is included to help guide staff on which efforts should be prioritized. It is important to note that the Plan does not guarantee funding for implementation or that all identified improvements will be constructed, as the City may choose to modify this Plan, including priorities, in the future. Community participation and feedback, including engagement with the City’s ADA Committee, Bicycle and Pedestrian Advisory Committee (BPAC), Senior Advisory Commission, and City Council was utilized to help provide guidance as the Plan was being developed. Council is being requested to consider adoption of this Plan as well as the approval to unfreeze and fund one Associate Engineer position in the Department of Public Works to implement, monitor, and track progress citywide.

BACKGROUND
The Rehabilitation Act of 1973 and the ADA of 1990 prohibit discrimination by public entities on the basis of disability. Under Title II (Public Transportation, State and Local Government Services) of the ADA, the City is required to evaluate its services, policies, and practices to identify any barriers and to make necessary modifications to eliminate such barriers. If structural changes to facilities are required to address barriers, the City is required to develop a transition plan setting forth the steps necessary to complete the modifications.

The City originally completed a Plan in 1993 as required by ADA legislation. Since the completion of the 1993 Plan, 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 Plan in order to evaluate and ensure that City programs, services, activities, facilities, and public rights-of-way are accessible to the public under current ADA requirements.

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Council previously approved a professional services agreement with Moore Iacofano Goldsman, Inc. (MIG) to assist the City with preparing an updated Plan. The City and MIG developed a workplan strategy focused on the following five project phases: 1) Project Initiation, 2) Public Involvement, 3) Self Evaluation, 4) Physical Barriers, and 5) Prioritization. Key outcomes 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.

This effort took several years to complete and was coordinated with various City departments, the City’s ADA Committee, BPAC, Senior Advisory Commission, various organizations, and the public.

On October 13, 2023, a draft Plan was released for public review and comment. A public community outreach meeting was held on November 1, 2023 to encourage and facilitate discussion and on April 9, 2024 staff presented the draft Plan during a Council Study Session.

This has been integrated with the City’s Pedestrian Master Plan (PMP) as it incorporates information within the PMP related to curb ramp and sidewalk improvements. Adopting this Plan will ensure the City’s compliance with the ADA and provide the guidance on how to improve accessibility in the City at large. Additionally, potential public improvements, City program and service enhancements required by various departments, and corresponding costs that can be budgeted and monitored over time have been identified.

DISCUSSION
Per Title II of the ADA the City is required to reasonably modify its policies, practices, and procedures to avoid discrimination against people with disabilities. The Plan supports this requirement and assists the City in identifying solutions for updating policies, programs, and physical barriers to accessibility.

The five main chapters include:

Chapter 1, Introduction - provides details on the legislative mandates and information about accessibility, self-evaluation, transition plan, and public involvement.

Chapter 2, Self-Evaluation - describes the self-evaluation process along with the resulting required actions and implementation strategies for various categories of programs, activities, and City provided services.

Chapter 3, Transition Plan - identifies the various categories of ADA barriers to public facilities, removal actions, prioritization criteria, a 10-year draft schedule for barrier removals, and responsibilities. This chapter is further organized into two parts: (1) buildings/park facilities and (2) public rights-of-way.

Chapter 4, Barrier Removal Considerations for Plan Implementation - provides information on requirements for barrier removals such as triggers, alterations versus new construction, safe harbor and undue burden provisions, and historic buildings/facilities.

Chapter 5, ADA Coordinator, Notice Policy, and Grievance Procedure - provides information about roles and responsibilities for an ADA coordinator, noticing requirements, and the ADA grievance procedure.

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Highlights from each Chapter include:

Chapter 1 - Introduction
Legislative Mandate: The City is responsible for the provision of accessible programs and facilities that are available without discrimination toward people with disabilities. Consequently, there is a legislative mandate that requires the City to develop an updated Plan.

Self-Evaluation Process
: A Self-Evaluation shall be completed to determine which programs and facilities should be included in the Plan. This includes any facility owned and operated by the City (including public rights-of-way), and facilities where City programs, activities, services, or programs are held such as joint-use facilities. As part of this process, a community outreach meeting was held to solicit public feedback on elements to be included in the Self-Evaluation.

Transition Plan Process
: The City shall develop a Transition Plan that identifies barriers for people with disabilities and outlines a strategy for progressing towards compliance with the applicable accessibility standards over time.

Members of Public Consulted During the Plan: City staff implemented a robust public outreach effort, including presenting the project at two community meetings, three ADA Committee meetings, one BPAC meeting, one Senior Advisory Commission meeting, and one Council Study Session. The City also opened a formal public feedback period to solicit additional comments which included notifications through various formats such as the project webpage, City website, City Hall News, Nextdoor, Facebook, Instagram, and Twitter-X.

Chapter 2 - Self-Evaluation
Staff Questionnaire and Policy Review Summary
: A program accessibility questionnaire was
distributed to City staff in all service areas to evaluate programs, activities, and services offered to the public. The goal of the questionnaire was to highlight areas where the City is effectively meeting the needs of people with disabilities while also identifying gaps in 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.

The findings of the Self-Evaluation include recommendations in the following program areas:
· 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
· Printed Materials
· Website Accessibility
· Televised and Audiovisual Information
· Telecommunications
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· Emergency Planning
· Notice, Grievance, and Complaint Procedure
· Facilities (Buildings and Park Facilities, and Public Right-of-Way) Chapter 3 - Transition Plan
Facility Evaluations and Findings: Physical audits of public facilities were conducted to identify barriers to access. Public facilities include general government sites, the Convention Center, libraries, parks, trails, historic buildings, cemeteries, and police and fire stations.

For the evaluated facilities, the following barrier categories were developed:
· Main Accessible Routes (parking, walks, entrance doors, etc.) · Program Use Areas (counters, restrooms, public areas, etc.) · Amenities (drinking fountains, site furnishings, etc.) · Not Required to be Modified (no public programs, duplicate features) · Within Historic Sites (may not be required to fully comply) With these categories in mind, staff and MIG evaluated these facilities, and a summary of findings is shown in Table 1 below.

Table 1
Summary of Barrier Instances for
Buildings and Park Facilities
Category # of Instances
1 - Main Accessible Routes 1,390
(parking, walks, entrance doors, etc.)
2 - Program Use Areas 5,530
(counters, restrooms, public areas, etc.)
3 - Amenities 440
(drinking fountains, site furnishings, etc.)
4 - Not-Required to be Modified 160
(no public programs, duplicate features)
5 - Within Historic Sites 190
(may not be required to fully comply)
Facility Improvement Prioritization: Prioritizing the removal of barriers at City facilities is important, and the following criteria were considered:
· Identified complaints or requests
· Level of use by the public
· Program uniqueness
· Citizen rights and responsibilities
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· Geographic distribution
· Recognized user groups
· Planned obsolescence
Facility Improvement Implementation: Not all barriers require the same level of effort to resolve, therefore, the report further categorizes the types of projects based on the required efforts to implement improvements as follows:
· Interim Solutions or Maintenance Projects
· Project types
o Small Capital Projects (costs <$50,000)
o Medium Capital Projects (costs >$50,000)
o Large Capital Projects (significant construction/replacement) · Ranking for Small, Medium, Large Capital Projects
o Priority 1, 2, 3 facilities
Facilities Cost Estimates: Staff and MIG prepared planning level cost estimates to address the improvements needed at Facilities. Table 2 below provides a summary of costs for Buildings and Park Facilities.

Table 2
Summary of Costs to Address Barriers for
Buildings and Park Facilities
Category Estimated cost*
Buildings $6,420,000
Parks $6,950,000
Total $13,370,000
*In 2024 dollars
Public Rights-of-Way Evaluations and Findings: Physical audits of public rights-of-way were conducted to identify barriers to access. Public rights-of-way include public streets, on-street parking, sidewalks, and roadway intersections. For public rights-of-way, the following barrier categories were developed:
· Curb Ramps
· Pedestrian Routes
· Crosswalks
· Rail Crossings
· Pedestrian Signals
With these categories in mind, staff and MIG evaluated public rights-of-way and a summary of findings is shown in Table 3 below.

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Table 3
Summary of Barrier Instances for
Public Rights-of-Way
Category # of Instances
1 - Curb Ramps 7,400
2 - Pedestrian Routes 88,000
3 - Crosswalks 630
4 - Rail Crossings 42
5 - Pedestrian Signals 950
Public Rights-of-Way Improvement Prioritization: Prioritizing the removal of barriers in the Public Right-of-Way is important, and the following criteria were considered in the schedule for removing barriers:
· Location of access barrier to specific uses
o Public facilities
o Transportation
o Employers
· Public Requests
· Current quality (e.g., damaged, or not built per current City standards) Public Rights-of-Way Implementation: Not all barriers require the same level of effort to resolve, therefore, the report further categorizes the types of barriers based on the required efforts to implement improvements as follows:
· Specific approaches for each element (curb ramps, sidewalks, signals) · High priority barriers - Primary focus
· Medium/Low priority barriers - Address on a project-by-project basis · Ongoing barrier removals - Tied to other construction/maintenance projects, public requests, funding opportunities
Public Rights-of-Way (PROW) Cost Estimates: MIG prepared planning level cost estimates to address the improvements needed in the PROW. Table 4 below provides a summary of costs for Public Rights-of-Way.

Table 4
Summary of Costs to Address Barriers for
Public Rights-of-Way (PROW)
Category High Priority*Medium
Priority*
Low Priority*Total*
Curb Ramps$17,090,000$55,280,000$34,120,000$106,490,000 Pedestrian Routes$99,710,000$264,880,000$216,690,000$581,280,000 Crosswalks $1,810,000 $720,000 0 $2,530,000
Rail Crossings$150,000 0 0 $150,000
Pedestrian Signals$46,860,000$7,820,000 0 $54,680,000
Total $165,620,000$328,700,000$250,810,000$745,130,000
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Category High Priority*Medium
Priority*
Low Priority*Total*
Curb Ramps$17,090,000$55,280,000$34,120,000$106,490,000 Pedestrian Routes$99,710,000$264,880,000$216,690,000$581,280,000 Crosswalks $1,810,000 $720,000 0 $2,530,000
Rail Crossings$150,000 0 0 $150,000
Pedestrian Signals$46,860,000$7,820,000 0 $54,680,000
Total $165,620,000$328,700,000$250,810,000$745,130,000
*In 2024 dollars
Schedule for Facility and PROW Improvements: 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. The Plan proposes a strategy of continuing the removal of barriers at facilities and in high priority areas of the public right-of-way for the next 10 years (subject to budget availability and resources), with a re-evaluation after 10-years to guide barrier removals in the subsequent years.

Chapter 4 - Barrier Removal Consideration for Plan Implementation Staff and MIG conducted several prioritization workshops that included representatives from each City department to assess barriers and prioritize removals based on several factors including level of use by the public, programs held at the identified locations, geographic distribution of facilities and barriers, locations with public gathering/meeting spaces, and previously identified accessibility needs or public complaints.

Chapter 5 - ADA Coordinator, Notice Policy, and Grievance Procedure ADA Coordinator
: 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 contact information to staff and the public, give notice of the ADA’s requirements, and establish a grievance procedure. Additionally, the ADA Coordinator should stay current on ADA regulations and best practices and manage, coordinate, and document ADA complaints.

During the 1993 adoption of the original Plan, the City Manager identified the Public Works Department as the ADA Coordinator. As designated by the City Manager and included in this Plan, the Public Works Department will identify an ADA coordinator. Due to the current workload and priorities, it is expected that additional budget, staffing, and consultant support will be necessary to manage the implementation of the Plan.

Notice Policy
: 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. Notice should be given on an on-going basis (as needed) and the City should consider the following when providing notice:
who the target audience is, what information should be provided, and where and how notice will be given.

Grievance Procedure
: An updated grievance procedure is included in this Plan to align with current best practices and address ADA grievances using a consistent and uniform process.

Progress to Date and Upcoming Projects: The City has made progress towards addressing ADA barriers for City facilities since the physical audits of public facilities and public rights-of-way were conducted. For example, ADA improvements were completed at Bowers Park, Machado Park, Agnew Park, Fuller Park, Homeridge Park, Montague Park, Westwood Oaks Park and Harris-Lass Museum.

ADA improvements were also completed in the public right-of-way with the ADA Settlement City of Santa Clara Printed on 8/16/2024Page 7 of 10
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Agreement Phases 1, 2, and 3, Annual ADA Curb Ramps Project, Annual Street Pavement Maintenance and Rehabilitation Project, Uncontrolled Crosswalks Improvement Project, and Santa Clara School Access Improvement Project. Lastly, ADA improvements are included in upcoming projects such as the Great America Parkway and Mission College Boulevard Intersection Improvements Project, Lick Mill Boulevard Pedestrian Beacon Upgrade and Monroe Street at Los Padres Boulevard Traffic Signal Modification Project, and the Central Santa Clara Bicycle and Pedestrian Improvement Project.

Next Steps
Upon Council approval of the Plan, staff will begin implementation of the improvements based on available staffing, budget, and priorities. Staff will utilize the identified prioritization strategies when implementing improvements and when appropriate, staff will identify private development project opportunities to implement recommended public improvements. Staff will continue to document completed improvements and manage the ADA grievance process. Additionally, staff will continue to pursue outside funding (e.g., grants, regional funding) to assist with implementation. It is important to note that to implement the plan additional budget, staffing, and consultant support will be necessary.

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(b)(5) in that it is a governmental organizational 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.

FISCAL IMPACT
Additional budget, staffing, and consultant support will be necessary in the subsequent implementation phases to carry out the recommendations in the Plan.

In summary, the areas identified as high priority in the Plan recommend physical improvements to address ADA instances at Buildings/Parks ($13,370,000 cost estimate in 2024 dollars) and the Public Right-of-Way ($165,620,000 cost estimate in 2024 dollars). Recommendations for budget appropriations will be brought forward for Council’s consideration in future budget processes to implement the Plan.

Consultant support is required to complete the recommended updates to the City-wide practices, policies, and programs, and to provide training to staff. The current professional service agreement with MIG includes staff training and limited funding for support as needed during the implementation of the Plan following its adoption. Additional funding needed for consultant support will be brought for Council’s consideration as necessary in the future.

It is recommended that Council approve the unfreezing of one Associate Engineer in the Department of Public Works to serve as ADA Coordinator and to implement, monitor, and track progress citywide.

The total compensation cost for 1.0 Associate Engineer position prorated for a ten-month period is approximately $200,000 to be funded by the General Fund. The total annual cost going forward will be $240,000 annually.

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The budget amendment below allocates funding from the General Fund Budget Stabilization Reserve to fund ten months of the Associate Engineer position in the Design Division in FY 2024/25. Funding in future years will be allocated as part of the annual budget process.

Budget Amendment
FY 2024/25
Current Increase/
(Decrease)
Revised
General Fund
Expenditure
Department of Public Works $26,347,463 $200,000 $26,547,463 Ending Fund Balance
Budget Stabilization Reserve $53,823,574 ($200,000) $53,623,574

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

PUBLIC CONTACT
City staff implemented a robust public outreach effort, including presenting the project at two community meetings, three ADA Committee meetings, one BPAC meeting, one Senior Advisory Commission meeting, and one Council Study Session. The City also opened a formal public feedback period to solicit additional comments on the Plan which included notifications through various formats such as the project webpage, City website, City Hall News, Nextdoor, Facebook, Instagram, and Twitter-X.

Additional 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. Adopt the Americans with Disabilities Act Self-Evaluation and Transition Plan;

2. Authorize the City Manager to take any and all actions necessary to modify, edit, update, maintain, and implement the Self-Evaluation and Transition Plan;

3. Approve Unfreezing of 1.0 Associate Engineer position in the Department of Public Works; and

4. Approve the FY 2024/25 budget amendment in the General Fund to increase the Department of Public Works budget and decrease the Budget Stabilization Reserve in the amount of $200,000 ( five affirmative Council votes required for the use of unused balances).

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

1. Self-Evaluation and Transition Plan
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ADA Self-Evaluation and Transition Plan
City of Santa Clara
AUGUST 2024

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Contents
City of Santa Clara, ADA Self-Evaluation and Transition Plan 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................................................................................................ 3-21 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 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 ................................................................................................................. 8-1 Attachment A City of Santa Clara Notice Under the Americans with Disabilities Act ....... 8-3 Attachment B City of Santa Clara ADA Complaint/Grievance Procedure.......................... 8-7 Executive Summary
City of Santa Clara, ADA Self-Evaluation and Transition Plan| 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 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. Following the public comment, outreach, and commission and committee efforts, the draft Plan was presented at the April 9, 2024 City Council meeting as a study session for additional opportunity for the Council or members of the public to provide input or comments on the Plan.

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.

Executive Summary
City of Santa Clara, ADA Self-Evaluation and Transition Plan | iii · Ensure consistency across departments, divisions, and programs in implementing ADA program requests, tracking complaints and comments, and following grievance procedures.
· 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.

Executive Summary
iv | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 | 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
Dave Staub, Deputy Director Public Works
Parks and Recreation
James Teixeira Director of Parks & Recreation (Former)
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
Executive Summary
vi | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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

Introduction
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 ADA self-evaluation and transition plan, identify an employee or employees responsible for the 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 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 | 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 Introduction
1-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan

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.

Introduction
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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. Following the public comment, outreach, and commission and committee efforts, the draft Plan was presented at the April 9, 2024 City Council meeting as a study session for additional opportunity for the Council or members of the public to provide input or comments on the Plan.

Introduction
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Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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.

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

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
Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 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 Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Self-Evaluation
2-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Self-Evaluation
2-8 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 | 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.

Ensure relevant staff are aware of their obligations at these events and facilities.

Self-Evaluation
2-10 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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/current/title-49/subtitle-A/part-38 29 DOJ, Title II Regulations Subpart B § 35.130 General prohibitions against discrimination; Title 49, Subtitle A, §

38.1 Purpose
Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Self-Evaluation
2-12 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Self-Evaluation
2-14 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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.

Self-Evaluation
2-16 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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
Self-Evaluation
2-18 | City of Santa Clara, ADA Self-Evaluation and Transition Plan · 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.

Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Self-Evaluation
2-20 | City of Santa Clara, ADA Self-Evaluation and Transition Plan · 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.

Self-Evaluation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Self-Evaluation
2-22 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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.

Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Transition Plan
3-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-3 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 were annotated during the evaluation process and are included with the ADA Facility Assessments Reports.
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 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.

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I
City of Santa Clara ADA Self-Evaluation & Transition Plan Map 1: Evaluated Buildings and Parking Lots
Legend
• Evaluated Buildings and Parking Lots
Context
r~:.-:J City Boundary Street ~ Railroads Water Feature
-===:J Miles
0 0.5 1
0 Park October 2019
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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.

Transition Plan
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----,__
r
~ u.J __ ................ ,.._ .....
u.J
c..,
r5l
!~ ~
MlcMra~ Park• Bowers Park Skate Park
· I. • • ~otary
~--.
\
em'orial Cross Park ,·.
.... , ..
·,. ·,
.-1 , Warburton Park and 1Pool • Rf ark•
.J 1 ~ • taH.y J. Marsalli Park
1'1 EL CAMINO REAL Geot:coodfellow~ l ,,CivicCenter ~ k l I ,. Sesq~icentennial Park • \ ~ 2 :
· ~ Tennis Center r I I Fremont{ ark ,.~
Earl R. Car.-~'.f hael Park• ~t,Delitral P.lark- • Steve Carli Park,.,....--. City Piaza Park.i "'-• ---r --·z ,,..,.. ,, \~ , l Central Park i ~~ j ~ Washihgton,Park Baseball Field '"··-·· , j I • •ce~ ge F:-Haines, ~ \.: '
_.__ ! , \ _ylnternational Swim) ?enter _ War Memon~I Playground : { I ' · \ _ Henry Schmidt Park-------_,. • .1
i Homer·1dge Park• Mary Gomez' • ~ i --· , ~ • Mission City Memorial Park W t d O k P, kr Park and Pool ~ • 1
es woo a s i ar • ~- _ . _ ~ Ev_i:~tt. Alvarez Jr. Park 9 : Maywood Parl<
1 i i...'1
i-J S d J • ~-.---1 : enny tran Park Parkway Park Thomas-Barret Park ~ -~- STEVENS CR§~IL_ ___ _L L __ I -~
I I
City of Santa Clara ADA Self-Evaluation & Transition Plan Map 2: Evaluated Parks and Trails
-===:J Miles
0 0.5 1
Legend
• Evaluated Park ----· Evaluated Trail
Context 0 [~:::J City Boundary Street _,_,_ Railroads Water Feature Park October 2019 Transition Plan
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-11 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.

Transition Plan
3-12 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-13 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.

Transition Plan
3-14 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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.
· Medium 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.

Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-15 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.

Transition Plan
3-16 | City of Santa Clara, ADA Self-Evaluation and Transition Plan Table 3.1: Small, Medium, and Large Capital Projects - Priority 1 Facilities Facility Capital
Project Type Phase A Phase B Phase C
Central Park Small ●
Central Park Medium/Large ●
Central Park Library Small ●
Central Park Library Medium/Large ●
City Hall Small ●
City Hall Medium/Large ●
Community Recreation Center Small ●
Community Recreation Center Medium/Large ●
Convention Center and Parking Garage Small ●
Convention Center and Parking Garage Medium/Large ●
Fire Station #2 Training Center Small ●
Fire Station #2 Training Center Medium/Large ●
Northside Library Small ●
Northside Library Medium/Large ●
Old Court Building Small ●
Old Court Building Medium/Large ●
Police Headquarters Small ●
Police Headquarters Medium/Large ●
Senior Center and Fremont Park Small ●
Senior Center and Fremont Park Medium/Large ●
Tasman Parking Structure Small ●
Tasman Parking Structure Medium/Large ●
Triton Museum Small ●
Triton Museum Medium/Large ●
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-17 Table 3.2: Small, Medium, and Large Capital Projects - Priority 2 Facilities Facility Capital
Project Type Phase A Phase B Phase C
Agnew Park Small ●
Agnew Park Medium/Large ●
Bowers Park Small ●
Bowers Park Medium/Large ●
City Plaza Park Small ●
City Plaza Park Medium/Large ●
Civic Center Park Small ●
Civic Center Park Medium/Large ●
Earl R. Carmichael Park Small ●
Earl R. Carmichael Park Medium/Large ●
FD Volunteer / Reserve HQ & Museum Small ●
FD Volunteer / Reserve HQ & Museum Medium/Large ●
Fire Station 2 Small ●
Fire Station 2 Medium/Large ●
Guadalupe River Trail Small ●
Guadalupe River Trail Medium/Large ●
Henry Schmidt Park Small ●
Henry Schmidt Park Medium/Large ●
Larry J. Marsalli Park Small ●
Larry J. Marsalli Park Medium/Large ●
Lick Mill Park Small ●
Lick Mill Park Medium/Large ●
Live Oak Park Small ●
Live Oak Park Medium/Large ●
Machado Park Small ●
Machado Park Medium/Large ●
Mary Gomez Park Small ●
Mary Gomez Park Medium/Large ●
Maywood Park Small ●
Maywood Park Medium/Large ●
Mission City Memorial Park Small ●
Mission City Memorial Park Medium/Large ●
Montague Swim Center Small ●
Montague Swim Center Medium/Large ●
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3-18 | City of Santa Clara, ADA Self-Evaluation and Transition Plan Facility Capital
Project Type Phase A Phase B Phase C
San Tomas Aquino Creek Trail Small ●
San Tomas Aquino Creek Trail Medium/Large ●
Warburton Park and Pool Small ●
Medium/Large ●
Westwood Oaks Park Small ●
Medium/Large ●
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-19 Table 3.3: Small, Medium, and Large Capital Projects - Priority 3 Facilities Facility Capital
Project Type Phase A Phase B Phase C
Agnew Historic Cemetery Small ●
Agnew Historic Cemetery Medium/Large ●
Berryessa Adobe Small ●
Berryessa Adobe Medium/Large ●
Burman Building Small ●
Burman Building Medium/Large ●
Commerce and Peddlers Plaza Small ●
Commerce and Peddlers Plaza Medium/Large ●
Everett Alvarez Jr. Park Small ●
Everett Alvarez Jr. Park Medium/Large ●
Fire Station 3 Small ●
Fire Station 3 Medium/Large
Fire Station 4 Small ●
Fire Station 4 Medium/Large ●
Fire Station 6 Small ●
Fire Station 6 Medium/Large ●
Franklin Mall Small ●
Franklin Mall Medium/Large ●
Great America VTA Lot Small ●
Great America VTA Lot Medium/Large ●
Harris-Lass House Small ●
Harris-Lass House Medium/Large ●
Headen-Inman House Small ●
Headen-Inman House Medium/Large ●
Jamison-Brown House Small ●
Jamison-Brown House Medium/Large ●
Jenny Strand Park Small ●
Jenny Strand Park Medium/Large ●
Memorial Cross Park Small ●
Memorial Cross Park Medium/Large ●
Rotary Park Small ●
Rotary Park Medium/Large ●
Santa Clara Youth Soccer Park Small ●
Santa Clara Youth Soccer Park Medium/Large ●
------------ -------- -------- ~--------
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3-20 | City of Santa Clara, ADA Self-Evaluation and Transition Plan Facility Capital
Project Type Phase A Phase B Phase C
Skate Park Small ●
Skate Park Medium/Large ●
Street Department Small ●
Street Department Medium/Large ●
Water/Electric Department Parking Lot Small ●
Water/Electric Department Parking Lot Medium/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.

Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-21

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 MUTCD
71 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 requi red 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
3-22 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 Disability 74 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 p rogrammatic 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 | 3-23 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 | 3-25 Curb Ramps
Table 3.4: Curb Ramp Priority Matrix
ADA 35.150(d) Geospatial Proximity Priorities76

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)
76The priorities listed are specified under Title II 28 CFR Section 35.150 (d).

Transition Plan
3-26 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 standards77. X X X
77 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 | 3-27 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
3-28 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 | 3-29 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 | 3-31 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%
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t I e
•
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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
f~:=J City Boundary Street --4-4- Railroads Water Feature -=:::::J Miles
0 0.5 1
Park October 2019
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-35 Pedestrian Access Routes
Table 3.12: Pedestrian Access Route Priority Matrix
ADA 35.150(d) Geospatial Proximity Priorities78

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)
78 The priorities listed are specified under Title II 28 CFR Section 35.150 (d).

Transition Plan
3-36 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 | 3-37 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
3-38 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 | 3-39 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 | 3-41 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
3-42 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 | 3-43 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
3-44 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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%

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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 --·-·· : I L __ __ : City Boundary Street --+-+- Railroads Water Feature •
•
Park
I
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0 0 .5 1
October 2019
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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
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0 October2019
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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 -==:J Miles
0 0.5 1
0 Park October2019
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Barrier Removal Rank
• High
Context
[~:.-:J City Boundary Street --+-+-- Ra i I roads Water Feature I
,- -.I
-===:J Miles
0 0.5 1
Park October 2019
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-53 Accessible Pedestrian Signals
Table 3.26: Accessible Pedestrian Signal Priority Matrix ADA 35.150(d) Geospatial Proximity Priorities79

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)
79 The priorities listed are specified under Title II 28 CFR Section 35.150 (d).

Transition Plan
3-54 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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.

Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-55 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%
Transition Plan
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City of Santa Clara ADA Self-Evaluation & Transition Plan -===:J Miles Map 8: Pedestrian Signal and Pushbutton Barrier Removal Projects: All 0 0.5 1 Barrier Removal Rank
• High • Medium
Context 0
[~:.:~] City Boundary Street --+-+-- Ra ilroads Water Feature Park October 2019 Transition Plan
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Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-59 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 scope80 of PROWAG R214 and were not evaluated.81 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
Deficiency82
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 deficiency83 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%
80 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. 81 Fortyune v. City of Lomita, 766 F.3d 1098 (9th Cir. 2014) 82 Does not meet accessibility standards.
83 Includes missing or deteriorating ISA, blue curb markings, or access aisle striping.

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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
r::.=."J City Boundary Street ---+----,-- Railroads Water Feature I
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------· ··­' I
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0 October 2019
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-63 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 Transition Plan
3-64 | City of Santa Clara, ADA Self-Evaluation and Transition Plan · 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 | 3-65 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 FHWA84, 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 84 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> Transition Plan
3-66 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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.

Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-67 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)85.

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;
85 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)
Transition Plan
3-68 | City of Santa Clara, ADA Self-Evaluation and Transition Plan · 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.

Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-69 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;
Transition Plan
3-70 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 Code86, 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. 86 Chapter 12.30 Sidewalks
Transition Plan
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 3-71 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 | 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 considered alterations, including remodeling, renovation, rehabilitation, reconstruction, Barrier Removal Considerations for Plan Implementation
4-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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. 87 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, 87 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 | 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.” 88 Where
technical infeasibility is encountered, compliance is still required to the maximum extent technically feasible.89
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.90 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.
91 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 88 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
89 DOJ. 2010 ADA Standards. 202.3 Alterations
90 DOJ, Title II Regulations Subpart D §35.151(b) Existing facilities 91 ADA Standards § 4.1.6(3)(a)
Barrier Removal Considerations for Plan Implementation
4-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan accessibility to the maximum extent feasible.92 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.
93 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.94 Alterations of streets, roads, or highways include activities such as reconstruction, rehabilitation, resurfacing, widening, and projects of similar scale and effect.95 Maintenance activities on streets, roads, or highways, such as filling potholes, are not alterations96 and do not trigger barrier removal. The following list distinguishes between roadway alterations and maintenance activities based upon the joint DOJ/DOT guidance. 92 ADA Standards § 4.1.6(1)(j)2
93 https://www.ada.gov/pcatoolkit/chap6toolkit.htm
94 DOJ, Title II Regulations Subpart D § 35.151(b)(1) Alterations 95 2010 ADA Standards, 106.5
96 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 | 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 Provisions97
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.98
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.
99 97 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. 98 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. 99 DOJ, Title II Regulations Subpart D § 35.151(b)(4)(ii)(C) Path of travel--safe harbor Barrier Removal Considerations for Plan Implementation
4-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan This exception applies to elements that might otherwise have to be modified under:
· The program access requirement for public entities;
· 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.
100 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.101 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:
o Team or player seating, Section 221.2.1.4.
o Accessible route to bowling lanes, Section 206.2.11.
o Accessible route in court sports facilities, Section 206.2.12. 100 DOJ, Title II Regulations Subpart D § 35.150(b)(2)(ii) Safe Harbor 101 2020 CBC Chapter 2 Valuation Threshold
Barrier Removal Considerations for Plan Implementation
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 4-7

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.
102 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. 102 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 Barrier Removal Considerations for Plan Implementation
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ADA Coordinator, Notice Policy, and Grievance Procedure City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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,103 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 reasonable modifications to policies and programs; the availability of modifications or 103 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 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 | 5-3 Model Policy on Nondiscrimination on the Basis of Disability Based on the Model Notice Provided by the Department of Justice104:

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. 104 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 Based on the model notice, the City has prepared the Notice Under the Americans with Disabilities Act attached to and incorporated herein to the Plan as Attachment A.

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 105
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 prepared its own grievance procedures attached to and incorporated herein to the Plan as Attachment B. 105 The model grievance procedure and more details can be found at https://www.ada.gov/pcatoolkit/chap2toolkit.htm
Definitions
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 ADA 106 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. 106 28 C.F.R. § 35.104 Definitions
Definitions
6-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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.

Definitions
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 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 | 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.

Definitions
6-6 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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.

Vertical Surface Discontinuities. Vertical differences in level between two adjacent surfaces.

Definitions
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 | 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. https://www.ada.gov/q&a_law.htm
Resources
7-2 | City of Santa Clara, ADA Self-Evaluation and Transition Plan · 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 Resources
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 Resources
7-4 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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.

Resources
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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 intellectual and developmental disabilities 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 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 | 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 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 | 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 | 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 Resources
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 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/).

Resources
7-12 | City of Santa Clara, ADA Self-Evaluation and Transition Plan

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
City of Santa Clara, ADA Self-Evaluation and Transition Plan | 8-1 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 What 's Possible
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 8-3 Attachment A
City of Santa Clara Notice Under the Americans with
Disabilities Act
City of
Santa Clara
The Center of What 's Possible
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 8-5

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.

City of
Santa Clara
The Center of What 's Possible
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 8-7 Attachment B
City of Santa Clara ADA Complaint/Grievance Procedure
City of
Santa Clara
The Center of What 's Possible
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City of Santa Clara, ADA Self-Evaluation and Transition Plan | 8-9

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 City of
Santa Clara
The Center of What 's Possible
8-10 | City of Santa Clara, ADA Self-Evaluation and Transition Plan 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 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
24-754 Agenda Date: 8/20/2024

REPORT TO COUNCIL

SUBJECT
Action on Two Resignations: One Resignation on the Bicycle and Pedestrian Advisory Committee and One resignation on the Cultural Commission. and Appointment from the Council Approved Eligibility List

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On July 7, 2024, Committee member Clark Seninger submitted his resignation from the Bicycle and Pedestrian Advisory Committee effective immediately (Attachment). On July 1, 2024, Commissioner McNamara submitted his resignation from the Cultural Commission effective immediately (Attachment). Both resignations have created a vacancy on the Bicycle and Pedestrian Advisory Committee for a partial term ending June 30, 2027 and on the Cultural Commission for a partial-term ending June 30, 2028.

On both May 13 and 14, 2024 the Council conducted interviews for the Bicycle and Pedestrian Advisory Committee and Cultural Commission. The Council established an eligibility list from those interviewed which is set to expire in November, six months from the date the list was created. The council voted and approved an automatic appointment of Hung Duong should a vacancy occur on the Bicycle and Pedestrian Advisory Committee. The council also voted and approved Hung Duong and Swami Krishnamoorthy be placed on the eligibility list should a vacancy occur on the Cultural Commission. Staff reached out to both Hung and Swami to inquire if there was still an interest to serve on the Committee/Commission. Both affirmatively expressed an interest to serve.

DISCUSSION
Staff recommends accepting the resignations submitted by Committee member Clark Seninger and Commissioner Paul McNamara and declare a vacancy on the Bicycle and Pedestrian Advisory Committee and the Cultural Commission. Staff recommends appointing from the Council approved eligibility list: Hung Duong to the Bicycle and Pedestrian Advisory Committee to fill a partial-term ending June 30, 2027 and Swami Krishnamoorthy to the Cultural Commission for a partial term ending June 30, 2028.

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.

City of Santa Clara Printed on 8/16/2024Page 1 of 2
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24-754 Agenda Date: 8/20/2024

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

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
Accept the resignation of outgoing Committee member Clark Seninger and Commissioner Paul McNamara effective immediately; declare the vacancy on the Bicycle and Pedestrian Advisory Committee and Cultural Commission; and appoint from the Council approved eligibility list: Hung Duong to the Bicycle and Pedestrian Advisory Committee to fill a partial-term ending June 30, 2027 and Swami Krishnamoorthy to the Cultural Commission for a partial term ending June 30, 2028.

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

ATTACHMENTS

1. Resignation emails

2. Application

3. Eligibility List
City of Santa Clara Printed on 8/16/2024Page 2 of 2
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1 Nora Pimentel
From: Clark Seninger
Sent: Monday, July 8, 2024 9:55 PM
To: Clerk
Cc: Karen Hardy; Nora Pimentel
Subject: Resignation from Bicycle & Pedestrian Advisory Committee (BPAC) Hi all,

I am writing to inform you that I need to resign from the Bicycle & Pedestrian Advisory Committee (BPAC). My family and I are moving out of state (Texas) and I will no longer be able to participate on the Advisory Committee.

Thank you for your understanding and dedicated service. I appreciate all that you do. If you have any quest ions or
concerns, please let me know.

Thank you,

Clark Seninger

1 Nora Pimentel
From: Kimberly Castro
Sent: Monday, July 1, 2024 7:20 AM
To: Nora Pimentel
Cc: Cynthia Bojorquez
Subject: Fwd: Cultural Commission
Hello Nora,

Please see resignation from Commissioner McNamara effective immediately.

Kim

Get Outlook for iOS
From: Paul McNamara
Sent: Monday, July 1, 2024 2:33 AM
To:

Kimberly Castro <[email protected]>
Cc: Cultural Commission <[email protected]> Subject: Cultural Commission

Hi Folks,

It's with great sadness that I must say goodbye to the Cultural Commission and Santa Clara. I've accepted a new positi on for work in Southern California, and I am in the throes of moving. I'll miss your energy and support for all things art and culture in this great city. My hope is to return to the Bay Area within a few years, so you've not seen the last of me. In the mean
time, I'll keep tabs on arts and cultural progress, I wish you all the best success. It's been an honor serving with you, thank you for the opportunity.

Sincerely,

Paul

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1 an ,•.ntir,g to expr,e,;s m1 sncere 1ntere;1 in jcinin;i u,, B:cycle M~ Pe<ie,!rkn Mi>a"/ C-.mnittre. As M er Ad cyctl~t :nj pede!:tnor, ,io,-..:.,iCs I an ~f wr.mt ted to ,mnot i~ s~tQ/natio ,;rd ac:re.sible n-.:des of t=p:,t:l!ion"illl!no.ircoom.flly . /lllo.-,metotl~e "ltl I amin; slON!enoo,,t s,,,.,;ngon tt/; ~isr.,rybx,r.! a>j wii/le tMsr,eo5ccqeetr,:-s I r.imto p,..r.;oett g;r,ted the r:i:9(ltlllity to become om,rrre. :Fl~l ~ .,,.,,,,. ,: l lnn!y bdi= 11'21 pnorillzd'IQ tho nc: d <~ ili end pod.¾tri~ i; ~.nt la~,,.;. oo'.e. ~oolll>J. -~ li.l:rant ccmwni.1 ... ~"'"' l~;,1 ;';., ool orfy ~ td!ie cctt;l•!:Uon and~ ar,is.siccu b.Jt a:so ~cs p.A:f,e ~'th.and ~C45 1~\ 1ll!t)• Ot 100.. A".r o mcmtcr ol the lkycle ad Po:!ieStri.on A,<J.k.(-..<y Cor,yptt~ J osp!re to W:6: ~Uv-Jy \'ti'..h fcllow c«mit1ee' me«~ wd $lt!kdlo!IX-f;; to oclie;e the (<llo>,,'n;l cl:je."i,'.eo: • · • · · · · · • · •• · ·t. ~"19 ln!-.,;tncit.retx01dists .-rd P,:oe;tri= , Q-se ol my i:,i,n,y ctjed i,es is to x,,er.,,;e l!X !/le de'.dO!ZOl<!'II "1'>1 ~ ol'blcyde ru>:i r,,,o-""trt,inirirastnr.~..re t~ ox a;nm.rity. This oowes o:l'.oc:wrg ~ the ocnstru;timol ~ lines, m.tll.- i:,l!il;,.sid<Y.•.ooo;, ·on<I cross•.<.aks Iha! prion"lize Ire so:'e:y "'1CI COMrieo:e ol cyd'.sts ,..,:1 pede;tt""'· By l'Wlf)ting il\r.,;fnr.:ttn irr-ts . ,secon En<:0111)9(1 rr.om.~~choose~~!~3lion~Cfs ar(lcre:;!e _a~f:QIJltjtt .~~-3Cd!-SSitletr.:r®Of13!ioor&.cri<.. . ' , -, ,' ;, i :~'Y..ing ~cly i".nOA~s : s~·j$ ~~ b c-~Uns oo:t F«I~~ a;;..~C. I O.:m tocd!~e \.;,th lcc.J e-.t.~il i-.:s,B"td,I~~ ~?' ~ ies 16irrf,lunc;~ s~ety rreMU'~ w;h wt~.: dmi9 me.,;ins, lrrP'(>',ed s~ irdeo:1Jc=""'<n'll ~ !Qra.'>e ~,•.c.'ffleSS· OIXu ll1e nglts @l l<SponsitiliLle$ <rl "11 ro.>:JUW>. M<!UOOaily, I oo,=t o l':.1'!1le ~atnn:l en1:«¢1n,•1t Of pc{lc!s th.11 ~oct v.1,..--dle mod= 3'<I pdorit!z~ uie'r sa~ . · - · : · · ·
3- PICffiOl,ioJ Adi>.!> Tr.lf)Sjl(:11;,iiQo Q,ftcre; To ~ ~o pe<,f.le t~ ~ cyeiing onh,1l!i<i119 os •h!;e m:des d tr,n,pottat ion. I µq:o,e laur.dlfng ~ :,r,:j e..~ in,fuli.es tllal ~ e the berelil~ ct .. a:ti;.e 1f31";&~. lNs rd~ ~irlg carrruiti/ eq.ts . ',\C(,-.s~ . ~ ca:npa'$"'~ th;)t tigHigit the heath. Ert>iror.rr:er,t~. ~ ~QOOl'n!c .».o-tG.JaS d bx~~ ,i.ltking. Sy b$!Mt"Jg a ruture (,I :r-tt'.e •:
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4. M.ocatir\g ,u Eq.1ui:le !\c&ss: A4:<»$$ t~ so!a ooo c00'.e7!a;t transpCJ'!Zloo cp!for.s slloJG te e,u.~e br d i~ oi oor cC(T!Ti'_,;,ty, ~ • a !heir o;r., ~,e, c,; a;ifty. I ,im COlYl'ille<l to oo~ b' . tr.YlSp:,rtr,!kil ~d id es aid ir,frastn.:b_ .. imestlW\ts th,;\ oo:l'c>S$ the """'1S of tt>:lor.:U\«! md rrag'n:fiZ«! i:q,:l.o!icns. - ing s£1ti<ls, ~«+11• ,~th cf sat/ lilies, on:! lo.•~ CC(Tmll,lles. llis indOO<>S µcmolio, e,."'tjjtatie dst~-bot~ ot~cs ard ~6.tirg rr:.estrr£11t~ ,in.--~ -..Jth ~g-w!eS t reed ·.. ·.

5. C<'.U.Zxrafng ,•.~h Stli<elld<m: Et'octinii nto.lf'ing\rl cl\lr@ro<µros C<i!OOOQ!oo Ol'd ~p,•;;,h d'>w,e •i:.kel'dd«,;, in,1.od\ng lo<>:> ~"""1 ~~"'• ~ cx;;oni2:ti~,'~ss. 31ld'msidonis. As 0 metrl><f of tt,e l>'C)'OO a,(I f'oje,, tria) MAsa)• o:,rn-ittce, I ~~ to ""il"?.' \\[th these sl.o!'.chcl<!!:,s ln O tronsp.,re;I a<f ir.cl\J$I\C """""'· S!>'l<irg"""" ',rd fecdt>;ck lo m>ml OS oo:ision~l<io9 proceos oo:I ...,. .... thatOfi riti~-es~th:freeds-md~ ~ tiesclthe c,ar.m.,nly. ' · \_' :' ,;,-.. ,. . , , . . . . . , ":;_ :,: . · · ... 'Alrj .o~ in~tfon which yolJ f<i-tll would be WIC!ful to the-City Cooocil in reviewing your ;ppli~tion :: .. ·. _. . . ,• 'I "'fl\0.litirg !O e,:pre;s milllttrcS! in jdr.ing th!> Bk:)'Cf-0 :;nd Pedes!rliY!/.t.isory Camittoe. \\rm. Most.;, ol Pt.tlic H,,:llh deg""" mn SJnJ,;e S12!el.me<sily 3'ld OF.<tOO I,;,,.. d tm<SSW e,peiience in WSl<:trH,. s.i~. ·M,ld ~§cuiti/sa--t~, l'~c a:f:.<OYd in"9'i°blttyfo~f1 tute.e~yt~ i~.t~ · _.: · · ; · '.. ' · :'. • .·,· · i,"/ My -~ otiol\Jf ~ kgtur,j~ ~~pca ·~ \~t.1,h o~ttU9.fo.rr..aticn ~:•~,c health ~ ,--i. irr~~-~th ~ -~-;c n:a:slc:tr_,; ~ -~ ;~ / My.xooerri-:''Odie-.o~c.-;Ng-,Jg"t_ed tJ:;.a t.~te(:;, ~ ;n ~.tllc tteir.h ,kl\ a C.PA cl J.615 r.,n Soi_, ,b5e ~ • =lty; r<.le;I mr ~oml.rnenl ,to ;,,;oooot,c b.ceJer.ce ;,,,:t a i:n:ituld cnmto,Jdng <:I flie P.l,Wc l'/Ca.'tl'tf~. . . · ln°rr1 p·~.-J,cm rrJ; llS ali~lh Ed,~ S~t' at,;teSa'i!a ~;,ta ~y Mic~ th ~ s ~ Heollha-,:j Ham, ~ia, Pmg-dl\ I ~ -.e s~•Ml\' ct\v..lcpe,J 3"d i~oo-e,je(I ~ pref,ir,; to 3jj(eSS cam>..."><')> ~eolth ne,-..<t. M( e:p,na,ce ir.lud'-S cco,dtif'q ,,;lh p,cgram n~. I~ sl,jfl, c~tir>, •~ ·s1...:lles oo ,;amu-,~ • i,tlltt.r.lS, md ero.i<f,ng te<M<al assis!arce to 1""io::xJs sta~<hcld<B. · Thse re:S~~:m.e.o1a\00rreto hctt:fli"/ sti!i~_tn r<Oµll;'p~ ca,--.rr~ ~:-.pn:,r.t mdmeda ~~cpTcL · \·· .- · · .-. · · · ·. 1 "°' e<>rtlcLiooy &ir:.n ;o II» City al s,,.,,ta a.,,.·, ms;k~ to bli!d o m;:;,....1y lroo tom i:<>ts!Y t-1 cr-"l'ng t'°""'; 01¥'1ur.'ly; Sld oct¢ M; ~<>:?JO! proocien,"Y in Et,;li<h_ <n:l v~~'. ~oo "!th mt li"'''o i:<=~"1 e,q:x:r....ce; p;,stt;oo; rr.e as a ""uoll!<: as«:i to t.>cmlatc e:r«ii•.e ~en lri'!ll Cfl:l~ .cirt \\!111 "=• CO@'IJ1''tlcS . f 311 o,,ge, 10 oor.:rillute mt sk>:ls rir.i e:<pettise' to sq:p-A lhc Bi!'}-de ...id' Pro.,s!Ji311A!}::S,..iy Coom'lteelnact,'<;'ir,1 ~• gc<ls. '!lniii,you1cr coosi&t.ng my®id.'m ·uoo;cb\ •,<t0toil>oC!lP)lturc'!y to &cuss ilO'Nm/~ ~ ,o.mya..-~ ~ rnss'!ooa.1 \!slcn .. · .•. · _.,;. you a~a~ d with any Orlµn)zatio~ £mplo-j!110n; ffi~I might °t,;,'~ pmcd 0 a ~nn ia of intcro!I In ~ -~ng your duties If appol.nti,d to ,llli~ po,ltio~?• 0 ::
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'C::ify' po1j~ dlrocts ail adviso,y bo<tJ mc~n not to ~ to on .QUttor&whoro there cxists_a pot~ntial oonflict of in~rcu. W~ '.l~ you ~ wiUing to :,bif.3l·ri from voting·;·, ~dl a conflict arisos?* , . r- 'vcs c' No ·· • • · · · · · · · .. ·
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~ CS itytofCI Application for Cultural Commission, Historica l & Landmark Convnisslon and Senior Advisory Commission \~) an a ara , ...;:_~ n .. o , .,,1,,,..,,~,r-.,...,._..

Pos1t1on
Board/Ccmmlsslon/Commltloe ft;>plyi19 For*
Cultuflll Commsslon
Persoral Information
Name•
1-fJNGCOUONG
~- . /Ve you a ro s!<font or u,e Clly or Santa Clara? * (Md l:»ares.U:ttd lhlc.tyd&.nadllati.li l'Cd~.:.,,)
r- Yes r, No
Qy
San la Cia,a
,.,., .. ,z,.,o-:>.,
95054
Ptovlde two forms or Proof of Residency In the City of S.anta Clara AUachmcnt 1 •

24.03.04 ..._,ngGOuong_Sontoelorotv'.unldpolut,litic,mll,p<lf AUachment 2 •

24.03.02 ~ngGOuong_ATTlnterne\8,11.pdf
Primary Phone Number*
Secondary Phone Number
Add1t1onal Information
Have you aUended a meeting of this Board/ Commls~ionl Com1nittee?* UnSUro
Work Experierce
Prasent Employu "
Sec-.:riia; Socu,ity SGrvieos Inc
Job Titte *
SeC1Jtity Oporaljons Con!rol Room Supe.rvisor
Previous Government Bodies/ Elective Offices Applicant has served Gov@rnment PositlontOffic.e Held:

Civic or Charitable Organizations to which Applicant has belonged Civic or Charitable Organization Position Held
High School, College, Professional, Vocational Schools attended High School. Colleoe. Profosslonal, Vocational School Major Subject San Jo:se Sta le U,Jver.iity
Special awards or recognition received
Reasons

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I amwiting to e)IJ)ress m/ keen interest en becorring a ment>cr of tha CUiturai Corrwrisslon. This opportunity rosonates deeply \\~h m& due 10 nt/ unv..Qv6rhg pus.ion for rostering cullural enrichment and appreciation v.ithin our convrunlty. AJl<Yf1me to eluddat.e \•,hy I am driven to serve on this advisory board and outline the speciftc objectivM I ain1 to pur~ue if granted Uta honor o f membership.

FlrSl end foremo~n. I nrrr,y beUeve !hell wllure Is the oomerslOne of sodetal ldent.lly and ootteslofl. ll encapsulates lhe rleh iapestry of tradllk>ns, beliefs , ans, and values that defl.tlo ,tho \\8 arc as a OO<M'1.Jnity. By acliwty engaging ,•.ith and promoting divecse cullural e)J)eriences, \\8 not only celebrate our heritage bill aJ,o c:ult&'ate iUl lndusive en'-1ronmen1 ,•,here every tndvidual feels vt1lued and understood.

My desfrt to sarva on the Cul1Jral Coml'l'issiof"I stems from a profound comnilment to nurturing this ind'IJSive cultural landscape. As a merrber d 01is esteemed ed\llSOl)'board, I aspire lo \'.Otk colaboratiVely ,-.ith fe1lowoorrv1lssloners and stakeholdors lo achieve lhc foUO\'.ing objectivos:
1, A'omoti11g Cultural Oiversfty; I airn to speal'head initiatives that oolebfate the myriad cultural backgrounds reJ)lesenled ,-.&hln our COCTW1llrlity. This entails organi2ing mull.iculhxal cvcnls, festivals, and e)hibit.ion5 lhal sho\'.case the cusloms, cuisine.$. and artlsUc e,pressions of vat100$ eumt: g,oups. 8y h'9hU9hl.ln9 our OJflec.Uve diversily, v.e can (o$ter n1-11ual fespect and appredation for different ooltures.

2. 9.JJ)potting Arts. and H,H'tlanilies: Reeognilhg th& tfan,rorfN.'tivt f)O\',er of a,tidc G)1'l(O~sion, I intend to Qdvo~le for inCf1.tased support And funding for local arlis.is. perlormers. and cultural institutions. This lncludeseslal!lishlng grants, scholarships. and ros'da.ncy programs to ernpoi.wr omer9,19 lalents and preserve vadltlonal art rorms. l\iOf'eowr. I am(X)tfl"ri1ted 10 e>pandlng a<X:6SS to arts e-d'ucation end pronx:>ling cullural lite.raey among you1h through \\Olksh<>ps, serrinars, Md out.read, programs.

3.1:nhandng CV1turol lnfrll3lrvcluro: To creole vib.ont cultural hub::i. ,•.Ullin our cotrwnJrity, I propose collobomting ,•,ilh mun'cipol outhoritiei ond urban plonnors to devek>p and maintain culural faciliUos, such as museunl:S, lhtalel'$, a11d oonvnunity centers. By lrtvestilg lnaC09$sib!e and lndusf\/e spaces tot cullural engageme,11, ,•.e ~n facilita!e n'leaningful interactions and dialogues lhat transoend social ba1rers.

4. FosteMg lntercutural Dialogue: Building bl'iclges beh\eendisparate oollural groups is essenU.al for promoting understanding and hammy. To U1is end, I aim 10 rac:ll\8te lltercullural dialOgues, rorunlS, a11d e»:1H111ge p<og,a,ns Ulat encourage ctoss.cu11ural ll'lteracuon a"d c::ollaborallott. By rosterlflg empathy and oonv111.m1<:a1Joo across cultural divides, w3: can CtJllivate a more cohesive and resilent comm.mity.

S. Ptol!W-Mng H.lrit:,ga :and Tr:>d1Uonc: As euttodi:iins of our ()Oll~lr.lO ho,il::190, it t impor:,tivo to sofogu;,rd ond ,ovit~!® tr::.dit.ional pr.,1ciico~ ond indigonov; knO\',ledge systems:. I advocate for initiatives that support cuh.Jral pceservation efforts. such as archival projecls, oral history initiatives, and heritage oonse,vatlon programs. By hOnoring oor roots and ancestral ,..tscrom, \ \8 can ensure the continuity ot cultural trad11f.ons fo, future genera!Jons.

Additlonal Inform ation
MJClh!Ylf~v. l.ehycu tedwCt.l:lb&U&!IJ latlo\Ol:yO:Ud hr~itY. ·i"Q )'OSt!f.f.{c.(d:;n::

I am \•.rititlg lo e)q)l'ess rn1 interest rn Join'!ng Ole Cu~tural Cotnrisslon. '-"\th a Master of Public Health degree from San Jose State U,iversity and over ten years of professional eqJerience il customer, safely, and security seMces, I am confident in rrtf abllily to eontrbute etfecti\fetyto your team. ~ty oduc.:lloc,:il b::iel(grotM'ld h~~ <>quipptd me v.ith o strong l&undatJon WI pul>l'ic h•olth princlplos, induding hoDlth odueotion, prowmti'IO modicino, o.nd opi.fomiolo-gy.

My acadenic achievements, highlighted by a Master's degret in PubJic Hla lft1 \\ith a GPA of 3.a-15 from San Josi! State Lhivcrsity , reftccl rrrt cotrmtment lo academe excdence an<1 a pt0found un11ers1a11<1ing of u1e Public Healtl'I field. h ffl/ previous roJ& as a Haalth Education Specialist ot lhe Santa Clara Coonty PIJ>lic Health Department's Se>OJal ti!allh and Hlrm Reduclion A-ogram. I hava wccassruuy developed and ill¥)1e.,...nlad educatJonal progra,ns to address oomn-unityheall~ needs. M/ expe,ienoe includes consulting \\ilh program manage,s, leadiog &1af(, «mdvetingspeeio l studios on corrW"l'IUliily ,ttitudcs, am.I p,ovidi i.g tcchnic!l l assi:stancc tovariou:s :s1akchokfen1. These rcisponsibilifo:s h ave ~IO\\Od rrc lo hone my skills in program planning, oonm.mlty engagement. and media <1eve.loprnen1.

I amparlicularly dra-,Y, to the City of Santa Clara's n'lission to build a CO!rtnUnily free 1,om poverty by creating hope. opportunity, and action. M1bil1ngual proficiency in Engb,h and Vietnamese, coupled \',tlh nv d ivus:e professional 0)1)Q!rienc(l,5. pot;;ilbn~ ma a$ a va.\Jabl-11: a$stl to facilitala •ff•elivo (()IM.._.ri,e;itl¢n ar\d ongig•n,.nl v.lth diverse eonmJ1>ttles. I am eager to eont1ilule my skifts and e,pertoo lo support u,e Cvltu,al Comrissla, In echle,;ng i1s 90,ls- Thank you 1w oonsldering "'I applleaUon. I look fOl'V,ard 10 Ute opportoofty to discuss l'IOwmy e>:pert.ences align v.t111 your Ctganizauon·s msslon ancs Vlsk)n.

Conflict of Interests
Are)o.i~wlhr,;~o\~l'f~IM1rqfl»dx.n1).;l•ocriktdh~hpotf«n"l9~dtesl,w,Sr(wl~ffl~ ·(1 N:,
Abstain ing from Votes
Oryrv.Jn;dra:b:.!lai,1:Y.Y')'tno;118'1ba"s1-ato¥Jteo,nronw 1a-effeevjSll!lp;tblliqj<XJ'fJ<t"i0'«.r.W.\Ji)'Ct.1~wll\)k.l~, ,O'l,,~1~n0'fld¥iS~? Yes
Signature and Acknowledgement
Slonotur o
9Jtldt:~Slt.nl\WO'CCO<nffltfut\"1Ja"(!'f'lep.nollsl8d•,a;s~a,x,uu,tW'c, ntL<np-iP.'ijf);jlS!Nlil..lil"W:i(lCIJt(l.AJl100l"DCGnP'oMXIWlb)fl,tk.Wam6:,\ Date
3/22/2024
~ ~~~t~fClara Application for Cultural Commission, Historical & Landmark Commission and Senior Advisory Commission ~ ,,..c~~, .... 1~,.,,.,..,.w.

Position
Board/Commission/Commit tee Af)plying For *
Cultt.tal ConYl~slon
Personal Information
Namo •
Sv.eninathan Kris~nall"W:.lOl'thy
/Vo you., ro~tdont of tho City of Santa CIMa? *
(Md11..1lattSO:rtdlMC'i lydszrtac lal'.1rtti\cCf~)
r- Yes
Add'es,,l.hG2
Cly
Sa,lta Chun
R>,la/1,pO»,
95051
r No
Provide two forms of P,oof of Residency in the City of Santa Clara Attachment 1 t
AUachment 2 1:

DRI\/ER LICENSE.par
..

Primary Phone Number
Secondary Phone Number
Additional Information
Have you auondcd a meet ing o f this Boardl Commission/ Commlttco? * No
Work Experien::e
Presen t employer•
Mystique Vibe
Job nuc *
Founder
Previous Government Bodies/ Elective Offices Applicant has served Govtrnmont Posillon/Office Hold:

Civic or Charitable Organizations to which Applicant has belonged Civic or Ctlal'ilablt! o,gan12a-uon Position Held
High School, College, Professional, Vocational Schools attended High School, College. Professiona l, Vocational School Major SubJecl U,lvcroity or Walos MBA
Specia l awards or recognition received
Reasons
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I am person educated 2 different countries, \\Otked In 3 different countries and travened to 20+- eounl/les on \1.ork. I carry a dlverst1 \\Ol'k expQflence that ados value to the cullural cormi ttee. Also as a Jeader in busiless, I have lead a diversity cultural teams and served as a mentor to career of 1he younger people at \•.Ork.

Along \\flh dil/erse aiq>erience, Bay Area has served ad my residence for last 9+ years in d1e count:y anct permanent residont I believe I can give back 10 the society that has been my home
Addition al Informa tion
h•;<.4i'HWoof\lkln wb'chyrurot:!wufjbfJV! d \J t.lll);l0:y0u,: Jinn?'-'lN1lig)1"J.laff}.a«l.:n:

Confll ct of lntor osts
Ne-;'l).10,.s«:lt.Wwlh ;'H/091"~1t'o1;Bl-r,bj1l&t l\.l1 mj'l00d>..f.lftd3 c.crif<.l ol' lr'~.,;,st hp,oourci)Jyo./ dJl~ 1· a~ ·rti'.dtol.li; w,lkn? No
Abstaining from Votos
~ p;i,(:y di«a ca OOirh'J t«t;nolW snct tOvtt,}01 ~ s wh~.ief'l'!t13~:1:;1s a P'I.Ylla u::rltctd ~esl V..tuiyru oow r.nJ totb'ituhfranvdt'Qlf sochae <fllt.a ;.&es? Yes
Signature and Acknowledgement
Signature
O; dr..l-:nJsW1il }\":l>~;P, (XO!roi'gtM! )'\"JU iWI dl;'l f);ff.Ml$tr,:I i'tltis f.;:fl.CO.i)\ ErY.HJ'iil {I r.if/n \1l(i1 ('/Oh»J is tnhill M:f <"h'l\l:':l ,M i'fetnThYI IY(trocdw a t,)~ii'd'ornrrJ.n Dale
311 1/2024
2024 ELIGIBILITY LIST
(5/13/24-11/14/24)

BPAC
Hung Duong

Board of Library Trustees
Andrew Alvarez and Andrew Ma

Civil Service Commission
Tahir Naim

Cultural Commission
Hung Duong and Swami Kirshnamoorthy

Parks and Recreation
Savita Chari

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-782 Agenda Date: 8/20/2024

REPORT TO COUNCIL

SUBJECT
Action on Council and Authorities Concurrent and Stadium Authority Meetings for 2025

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

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

DISCUSSION
The proposed 2025 calendar of meetings includes the Charter required two Council meetings per month. It also includes Stadium Authority meetings to be held every other month, with the exception of additional meetings in March due to the Stadium Authority budget cycle and fiscal year. For 2025 the annual calendar includes combined Council and Authorities and Stadium Authority meetings. The calendar takes into consideration regularly scheduled significant workload (i.e., Stadium Authority and City budget development), City business conferences (i.e., League of California Cities, American Public Power Association, etc.), avoids major observed holidays and includes a four-week summer recess from July 22 - August 16.

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

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

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

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

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24-782 Agenda Date: 8/20/2024

RECOMMENDATION
Set the 2025 calendar year Council and Authorities Concurrent and Stadium Authority as reflected on the attached calendar.

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

ATTACHMENTS

1. Proposed 2025 Meetings Calendar
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COUNCIL & AUTHORITIES AND

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 31 S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6
6 7 8 9 10 11 12 4 5 6 7 8 9 10 7 8 9 10 11 12 13
13 14 15 17 18 19 20 10 12 13 14 15 16 16 14 15 16 17 18 19 20 21 22 23 24 25 26 27 17 18 19 20 21 22 23 21 22 23 24 25 26 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30

S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 10 10 11 12 13
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 17 18 19 19 20 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
Council Recess
Council and Authorities Concurrent/Santa Clara Stadium Authority Meetings Published Calendars of Certain City Officials
KEY
January February March

STADIUM AUTHORITY MEETINGS
2025
November December
April May June
July August September
October
City Holiday
Yearly Calendar Template by Vertex42.comhttp://www.vertex42.com/ExcelTemplates/yearly-calendar.html © 2013 Vertex42 LLC. Free to Print. 0 □
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-801 Agenda Date: 8/20/2024

REPORT TO COUNCIL

SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2070 to Amend Title 18 (“Zoning”) of the Santa Clara City Code (the Zoning Code “Cleanup” Ordinance), Including Changes to Single-Family Setbacks to be Consistent with the City’s Adopted Residential Design Guidelines.

BACKGROUND
At the July 16, 2024 Council meeting, proposed Ordinance No. 2070 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2070 was published to the Santa Clara Weekly on August 14, 2024, and copies were posted in three public places.

DISCUSSION
As a follow-up to the January 9, 2024 adoption of the Zoning Code Update, the proposed ordinance makes “clean-up” amendments to the Zoning Code Update, such as correcting section numbers and cross-references. The ordinance also establishes zoning standards for the operation of mobile food vendors on private property, changes single-family second-story front and side setbacks (also known as stepbacks), changes the residential side corner lot setback from 5 feet to 10 feet, clarifies the height limit for accessory dwelling units (ADUs), and requires that upper-story ADU windows facing neighboring properties have a minimum 5-foot sill height to support privacy.

ENVIRONMENTAL REVIEW
As a part of the Zoning Code adoption process, the City prepared and the Council adopted an Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR). In taking this action the Council determined that the proposed General Plan Amendments and adoption and implementation of the Zoning Code Update would not result in a substantial change to the General Plan that would require major revisions to the previous EIR; that there is no substantial change in circumstances as a result of modifications to the General Plan or the Zoning Code Update that would cause new or substantially more severe significant impacts; and, that there is no new information of substantial importance that identifies new or more intense significant impacts than those identified in the General Plan EIR.

FISCAL IMPACT
There is no fiscal impact to the City other than administrative staff time and consultant time involved in preparing the Zoning Code Update and this report.

COORDINATION
This item was coordinated with the Community Development Department.

PUBLIC CONTACT
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24-801 Agenda Date: 8/20/2024
Community participation is a key part of the Zoning Code Update. In addition to a number of meetings with the Old Quad Neighborhood held on June 19, 2018, August 20, 2018, September 17, 2018, October 15, 2018, and December 3, 2018, staff organized community meetings with the general public on February 13 and 28, 2019 to discuss topics for change within the Zoning Code. The topics discussed with community members included the codification of elements of the City’s single- family design guidelines; the creation of new zoning districts to implement existing General Plan designations; possible changes to the number of parking spaces required for residential and non- residential uses; and regulation of short-term rentals, such as Airbnb. Community meetings to gain input on the topic of potential occupancy criteria in single family residences were held on April 29, May 16, and May 29, 2019. The May 16 and May 29 meetings were also live-streamed.

The City received over 500 responses to a community survey on the Zoning Code Update, which was released on June 20, 2019 and made available through July 12, 2019. The survey was announced on the City’s social media accounts, sent to interested parties through e-notify lists and posted on the City’s website.

The City posted the draft Zoning Code Update on the City website for public comment in May and June of 2022. The City received approximately 90 separate comments on the draft Zoning Code Update. Responses to the individual comments have been posted on the City’s website.

The City Council held three joint study sessions with the Planning Commission in the summer and fall of 2019. Topics for the three study sessions included New Districts, Simplified Processes, Single- Family District Standards, and Placemaking; Safe Parking and Assisted Living; and Uses in Single- Family Districts and Short-Term Rental Regulations.

In addition to joint study sessions with the City Council, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021.

The Planning Commission also held a study session specifically on parking and outdoor dining regulations on June 16, 2021.

The City has also held informational meetings with the various commissions and non-governmental organizations including the Old Quad Residents’ Association on February 10, 2021; The Historical Landmarks Commission on January 6, 2022; the Neighborhood-University Relations Committee on May 23, 2022; the Bicycle and Pedestrian Advisory Committee on August 22, 2022; and a meeting with the head of the Silicon Valley Central Chamber of Commerce on August 18, 2022.

A summary of proposed Ordinance No. 2070 was published to the Santa Clara Weekly on August 14, 2024, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.

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] or at the public information desk at
any City of Santa Clara public library.

RECOMMENDATION
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24-801 Agenda Date: 8/20/2024
Waive second reading and adopt Ordinance No. 2070 to amend Title 18 (“Zoning”) of the Santa Clara City Code (the Zoning Code “Cleanup” Ordinance), including changes to single-family setbacks to be consistent with the City’s adopted Residential Design Guidelines.

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

ATTACHMENTS

1. Ordinance No. 2070 (Intro)
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Ordinance/Zoning Code cleanup Page 1 of 57
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ORDINANCE NO. 2070

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, MAKING “ CLEANUP” AMENDMENTS TO

THE ZONING CODE UPDATE, ADDING PROVISIONS FOR

MOBILE FOOD VENDORS, MODIF YING SINGLE-FAMILY

SETBACK REGULATIONS TO BE CONSISTENT WITH
THE CITY’S ADOPTED RESIDENTIAL DESIGN

GUIDELINES, CLARIFYING THE MAXIMUM ALLOWED

HEIGHT OF SINGLE -STORY ACCESSORY DWELLING

UNITS, AND UPDAT ING CROSS REFERENCES

IN TITLE
18 (“ZONING”) OF “THE CODE OF THE CITY OF SANTA
CLARA, CALIFORNIA”

WHEREAS, on January 9, 2024 the City of Santa Clara (the “City”) adopted the first comprehensive update of the City’s Zoning Code in over 50 years; WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; and WHEREAS, the City’s Zoning Code is the primary regulatory tool that implements the General Plan;
WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; WHEREAS, there is a need to update the newly adopted Code to address errata and omissions from the original approval, including provisions for Mobile Food Vendors and for exempt and allowed Temporary Uses:

WHEREAS, the City wishes to clarify th e height limit for one- story Accessory Dwelling Units by adding that development standard to the code;
WHEREAS, the City also wishes to modify the single-family provisions to include second-story setbacks (also known as stepbacks);
WHEREAS, the City also wishes to clarify the maximum height of one- story Accessory Dwelling Units (ADUs);
Ordinance/Zoning Code cleanup Page 2 of 57
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WHEREAS, the City is including changes to the Zoning code requested by the state Department of Housing and Community Development through the Housing Element Update process;
WHEREAS, the City Council has reviewed the proposed Zoning Code cleanup ordinance; WHEREAS, before acting on the Zoning Code Update, the City reviewed and considered the potential environmental impacts of the Zoning Code Update and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed Zoning Code Update were consistent with 2010- 2035 General Plan EIR, as addended, and that the proposed Zoning Code Update did not alter the conclusions of the adopted General Plan EIR, as addended create new environmental impacts; WHEREAS, on May 22, 2024, the Planning Commission conducted a duly noticed public hearing to consider the Zoning Code cleanup ordinance, at the conclusion of which, the Planning Commission voted to recommend adoption of the Zoning Code cleanup ordinance (5-2-0, Huang and Cherukuru voting against);
WHEREAS, on June 12, 2024, the Planning Commission conducted a duly noticed public hearing to consider an amendment to the Zoning Code to implement the provisions of AB 1397 (2017), including the definition of the term “Use by Right”, at the conclusion of which, the Planning Commission unanimously voted to recommend adoption of the AB 1397 code amendment; and
WHEREAS, on July 16, 2024, the City conducted a duly noticed public hearing to consider the Zoning Code cleanup ordinance, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed amendments.

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NOW TH EREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

SECTION 1: That Paragraph 5, “High- Density Residential Zone (R4)”, of Subsection B of Section 18.10.010, “Purposes of Residential Zones”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby amended to read as follows:
“5. High-Density Residential Zone (R4). The purpose of the R4 High Density Zone is to provide land areas for the construction, use, and occupancy of multi -family dwellings (i.e., rowhouses, townhouses, low-rise apartments). It is the intent of this zone to encourage development types that use innovative site planning provide on- site recreational amenities and be located near neighborhood c ommercial centers. The residential density range for this zone is 37- 50 dwelling units per acre. This zone implements the Medium-Density land use designation in the General Plan.

SECTION 2 : That Table 2-1, “Residential Zones Allowed Uses and Permit Requirements”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended by deleting the enumerated use, “Dwelling, Second Unit”.

SECTION 3 : That Table 2-3, “Residential Zone Development Standards” , of Chapter

18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
//
//
//
//
//
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Table 2-3
Residential Zone Development Standards

Development Feature
(minimum unless
otherwise indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 6,000 8,000 7,000 8,500 8,500 10,000 None

Street Frontage (feet) 60 70 50 60 70 70 None
Structure Coverage (maximum percentage)
Parcel Area (less than
10,000 sq. ft.) 40% 40% 45% 60% 80% None None
Parcel Area (10,000 sq. ft. or
greater) 40% 40% 45% None None None None
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb., adopted plan line, or edge of right-of-way.

Front 20 20 15 10 10 10 10 Section 18.30.050
Front, second story 25 25 n/a n/a n/a n/a n/a
Side, Corner 10 10 10 10 15 15 15
Side, corner second
story 15 15 n/a n/a n/a n/a n/a

Side, Interior 5 6 and 9 5 5 10 10 10 Section 18.10.040(B) Section 18.30.050
Side, interior, second
story 10 11 and
14 n/a n/a n/a n/a n/a

Rear, single-story 20 20 10 10 20 20 20 Section 18.30.050

Rear, multi-story 20 20 15 15 20 20 20 Section 18.30.050

Length of driveway
approach 20 20 20 20 20 20 20
Height (maximum) measured in feet

Height (within 20 feet of
the R1-6L, R1-8L, and
R2 zones)
25 25 32 32 32 32 32 Section 18.30.040

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Table 2-3
Residential Zone Development Standards

Development Feature
(minimum unless
otherwise indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Height (all other zones) 25 25 32 40 80 100 200 Section 18.30.040 Number of Stories (maximum)
Number of Stories and the
Daylight Plane
All structures adjacent to R1 and R2 zones shall include a 45-degree daylight plan off the property line to implement a compatible transition between structures.

Number of Stories 2 2 2 4 8 10 20
Gross Residential Density (minimum to maximum) shown in number of dwelling units per acre Allowable Density 0.1-10 0.1-10 8-19 20-36 37-50 51-99 85-350 Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit
Private Recreation Space
(required for a minimum of 50
percent of units)
None None None 60 60 40 40
Common Recreation Space
(per unit) None None None 200 200 200 200
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Basements Section 18.30.070
Density Bonus and
Affordable Housing Chapter 18.66
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42

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SECTION 4: That a new Paragraph 5 is added to Subsection B, “Specific Residential Regulations” of Section 18.10.040, “Other Applicable Regulations”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC to read as follows:
“5. Townhouses in R-2 and R-3 districts. Townhouses that have frontage on a public street are required to have their front door on the front elevation.” SECTION 5: That a new Paragraph 6, “Regulations Applicable to Multifamily Sites Used in the 4th and 5th Cycles of the City’s Housing Element” is hereby added to Subsection B, “Specific Residential Regulations”, of Section 18.10.040, “Other Applicable Regulations”, of Chapter 18.10, “Residential Zones”, of Title 18 (entitled “Zoning”), of the SCCC to read as follows:
“6. Regulations Applicable to Multifamily Sites Used in the 4th and 5th Cycles of the City’s Housing Element. Pursuant to AB 1397 (2017): 1) for all nonvacant sites included in the inventory of the 5th Cycle Housing Element ( 2015-2023), and 2) for all vacant sites included in the inventory of both the 4th Cycle (2007-2014) and 5th Cycle (2015-2023) Housing Elements, the City shall allow Use-By-Right for housing development pursuant to Government Code 65583.2(c), when 20 percent or more of the units are affordable to lower income households.”
SECTION 6: That Table 2- 7 of Chapter 18.12, “Commercial Land Uses and Permit Requirements”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
//
//
//
//
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Table 2-7
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N

C-C C-R Additional Regulations
Residential Uses
Caretaker Housing - P P Section 18.60.060
Dwelling, Multifamily MUP MUP MUP Section 18.10.040(C)
Section 18.12.040(A)(7)
Employee Housing - - -
Home Occupations - - - Section 18.12.040(B)
Section 18.60.120
Live-Work Facilities MUP MUP MUP Section 18.12.040(B)
Section 18.60.130
Single-Room Occupancy (SRO)
Facilities - P P
Supportive Housing - - P
Transitional Housing Facilities - - P
Human Services Uses
Assisted Living Facilities - CUP - Section 18.60.080
Child Day Care Facilities P P P Section 18.60.070
Residential Care Facilities, six or
fewer residents P P P
Residential Care Facilities,
seven or more residents MUP MUP MUP
Community Care Facilities CUP CUP CUP
Child Day Care Homes, Up to 14
Children - - -
Low-barrier Navigation Centers P P
Emergency Shelters - P P Section 18.12.040
Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP -
Commercial Recreation
Facilities, Indoor CUP P P
Commercial Recreation
Facilities, Outdoor - P P
Fitness Facilities MUP P P
Libraries P P P
Mortuaries and Funeral Homes - P P
Museums - P P
Parks and Public Plazas P P P
Recreational Vehicle Parks - - CUP
Places of Assembly P P P
Public Schools P P P
Private Schools CUP CUP CUP
Public/Private Colleges and
Universities P P P
Theaters and Auditoriums - P P
Vocational/Trade Schools P P P
Utility, Transportation, and Communication Uses
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Table 2-7
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N

C-C C-R Additional Regulations
Broadcasting and Recording
Studios - P P
Parking Structures - CUP CUP
Public Safety Facilities P P P
Wireless Telecommunication
Facilities and Towers, Co-
location/Small Cell
P P P Section 18.12.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP MUP Section 18.12.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major (70
feet or higher)
CUP CUP CUP Section 18.12.040(A)
Chapter 18.66
Transit Stations and Terminals - CUP CUP
Utility Facilities and
Infrastructures CUP CUP CUP
Diesel Back-up Generators P P P Section 18.60.260
Photovoltaic Systems P P P
Retail, Service, and Office Uses
Adult Businesses Uses - - CUP Chapter 18.62
Alcoholic Beverage Sales and
Service P P P Section 18.60.040
Ambulance Services - CUP CUP
Animal Sales and Grooming
Facilities P P P Section 18.12.040(B)
Banks and Financial
Establishments, General P P P
Banks and Financial
Establishments, Stand-alone
ATM
P P P
Bars CUP CUP CUP
Bed and Breakfast Inns CUP - - Chapter 18.60.050
Building Material Stores and
Yards - P P
Business Support Centers P P P
Drive-in/Drive-through
Establishments CUP CUP CUP Section 18.60.100
Equipment Sales and Rentals - P P
Garden Centers/Plant Nurseries - P P
Hotels and Motels CUP CUP CUP
Kennels - CUP CUP Section 18.12.040(A)
Live Entertainment, Incidental P P P
Live Entertainment, Standalone
Uses MUP/CUP MUP/CUP MUP/CUP Section 18.12.040(A)
Maintenance and Repair
Services - P P
Medical Services P P P
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Table 2-7
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N

C-C C-R Additional Regulations
Mobile Food Vendors P/MUP P/MUP P/MUP Section 18.60.280 Nightclubs CUP CUP CUP
Offices P P P
Outdoor Displays and Sales MUP CUP CUP Section 18.60.150 Outdoor Dining and Seating MUP MUP MUP Section 18.60.140 Personal Services P P P
Personal Services, Restricted - MUP MUP Section 18.60.170 Restaurants P P P
Retail Establishments
General, Small Format P P P
General, Medium Format - MUP MUP
General, Large Format - CUP CUP
Smoking Lounges - MUP CUP Chapter 8.37
Veterinary Facilities - MUP P Section 18.12.040(A)
Vehicle Oriented Uses
Car Wash and Detailing
Facilities, Full-Service - CUP MUP
Car Wash and Detailing
Facilities, Self-Service - MUP P
Mobile Fueling Delivery P P P
Vehicle Service Stations - MUP CUP Section 18.60.220
Vehicle Rental Facilities, General - CUP MUP
Vehicle Rental Facilities, Limited - P P
Vehicle Rental Facilities, Office
Only P P P
Vehicle Sales Facilities, General - - CUP Section 18.60.210 Vehicle Sales Facilities,
Wholesale
- CUP CUP Section 18.60.210
Vehicle Repair Facilities, Minor - - P Section 18.12.040(A) Section 18.60.200
Vehicle Repair Facilities, Major - CUP CUP Section 18.12.040(A) Section 18.60.200
Vehicle Parts Sales - P P
Industrial, Manufacturing, and Processing Uses
Personal Storage Facilities - - CUP
Printing and Publishing Facilities - P P
Wineries, Distilleries, Breweries,
and Micro-Breweries - MUP MUP

SECTION 7: That Table 2- 10, “Mixed Use Zones Allowed Uses and Permit Requirements” of Chapter 18.14, “Mixed Use Zones”, of Title 18 , “Zoning”, of the SCCC is hereby amended to read as follows:

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Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for
land use definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Residential Uses
Caretaker Housing CUP - - P Section 18.60.060
Dwelling, Multifamily P P P P Section 18.10.040(C)
Section 18.14.040(S)
Employee Housing P - - -
Home Occupations P P P P Section 18.14.040
Section 18.60.120
Live-Work P P P P Section 18.14.040
Section 18.60.130
Single-Room
Occupancy (SRO)
Facilities

- P P -

Supportive Housing P P P P
Transitional Housing - - - P
Human Services Uses
Assisted Living
Facilities - CUP - CUP Section 18.60.080
Child Day Care
Facilities P P P P Section 18.60.070
Community Care
Facilities CUP CUP - CUP
Residential Care
Facilities, six or fewer
residents

P P - P
Residential Care
Facilities, seven or
more residents

MUP MUP - MUP
Day Care Homes, Up
to 14 Children P P P -
Low Barrier Navigation
Centers P P P P
Emergency Shelters - - - P Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and
Mausoleums - - - CUP
Community Gardens MUP MUP MUP -
Commercial
Recreation Facilities,
Indoor

MUP P P CUP
Commercial
Recreation Facilities,
Outdoor
- - - P
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Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for
land use definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Fitness Facilities P P P P
Libraries P P - P
Museums P P P P
Parks and Public
Plazas P P P P
Places of Assembly MUP CUP CUP P
Public Schools P P P P
Private Schools CUP CUP CUP CUP
Public/Private Colleges
and Universities P P P P
Theaters and
Auditoriums P P P P
Vocational/Trade
Schools - P P P
Utility, Transportation, and Communication Uses
Broadcasting and
Recording Studios - - - P
Park and Ride
Facilities P P P -
Parking Structures MUP MUP MUP P Section 18.14.040
Public Safety Facilities P P P P
Wireless
Telecommunications
Facilities and Towers,
Co-location/Small Cell
P P P P Section 18.14.040
Chapter 18.66
Wireless
Telecommunication
Facilities and Towers,
Minor (less than 70
feet)
MUP MUP MUP MUP Section 18.14.040
Chapter 18.66
Wireless
Telecommunication
Facilities and Towers,
Major (70 feet or
higher)
- CUP CUP CUP Section 18.14.040
Chapter 18.66
Transit Stations and
Terminals P P P CUP
Utility Facilities and
Infrastructure CUP CUP CUP CUP Section 18.14.040
Photovoltaic Systems P P P P
Retail, Service, and Office Uses
Alcoholic Beverage
Sales and Service P P P P Section 18.60.040
Ambulance Services CUP CUP - CUP
Animal Sales and
Grooming Facilities P P P P Section 18.14.040
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Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for
land use definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Banks and Financial
Establishments,
General

P P P P
Banks and Financial
Establishments, Stand-
alone ATM

P P P P
Bars CUP CUP CUP CUP
Bed and Breakfast Inns - - - CUP
Business Support
Centers P P MUP P
Drive-in/Drive-through
Establishments CUP - - CUP Section 18.60.100
Equipment Sales and
Rentals - - - P
Garden Centers/Plant
Nurseries - - - P
Hotels and Motels P P P CUP Section 18.14.040
Kennels MUP MUP - - Section 18.14.040
Live Entertainment,
Incidental P P P P
Live Entertainment,
Standalone MUP/CUP MUP/CUP MUP/CUP MUP/CUP Section 18.14.040 Maintenance and
Repair Services P P P P
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP Section 18.60.280 Nightclubs CUP - CUP CUP
Offices P P P P
Outdoor Dining and
Seating MUP MUP MUP MUP Section 18.60.140
Outdoor Displays and
Sales CUP CUP CUP CUP Section 18.60.150
Personal Services P P P P
Personal Services,
Restricted MUP MUP MUP MUP Section 18.60.170
Restaurants P P P P
Retail Establishments:

General, Small
Format P P P P
General, Medium
Format P MUP P MUP
General, Large
Format CUP - CUP CUP
Veterinary Facilities P P P MUP Section 18.14.040
Vehicle Oriented Uses
Vehicle Service
Stations - CUP CUP -
Ordinance/Zoning Code cleanup Page 13 of 57
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Table 2-10
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for
land use definitions).

MU-NC

MU-CC MU-RC MU-VHD Additional Regulations
Vehicle Rental
Facilities, Limited MUP - - -
Vehicle Rental
Facilities, Office Only P - - -
Vehicle Repair
Facilities, Minor MUP - - - Section 18.14.040
Section 18.60.200
Industrial, Manufacturing, and Processing Uses
Printing and Publishing
Facilities P P P P
Wineries, Distilleries,
Breweries, and Micro-
Breweries

MUP MUP MUP MUP

SECTION 8: That a new Subsection O, “Regulations Applicable to Mixed Use Sites Used in the 4 th and 5 th Cycles of the City’s Housing Element” is hereby added to Section

18.14.040, “Other Applicable Regulations”, of Chapter 18.14, “Mixed Use Zones”, of Title 18, “Zoning”, of the SCCC to read as follows:
“O. Regulations Applicable to Mixed Use Sites Used in the 4 th and 5 th Cycles of the City’s Housing Element. Pursuant to AB 1397 (2017): 1) for all nonvacant sites included in the inventory of the 5th Cycle Housing Element ( 2015-2023), and 2) for all vacant sites included in the inventory of both the 4th Cycle (2007-2014) and 5th Cycle (2015-2023) Housing Elements, the City shall allow Use-By-Right for housing development pursuant to Government Code 65583.2(c), when 20 percent or more of the units are affordable to lower income households.”
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SECTION 9: That Table 2- 13, “Office and Industrial Zones Allowed Uses and Permit Requirements”, of Chapter 18.16, “Office and Industrial Zones” of Title 18 , “Zoning”, of the SCCC is hereby amended to read as follows:

Table 2-13
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD

HO-RD LI HI Additional
Regulations
Residential Uses
Caretaker Housing CUP CUP CUP CUP Section 18.60.060
Transitional Housing Facilities - - MUP -
Human Services Uses
Community Care Facilities MUP - - -
Low-barrier Navigation Centers - - MUP -
Emergency Shelters - - MUP - Section 18.16.040
Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - - CUP CUP
Crematories - - CUP CUP
Fitness Facilities P P - -
Commercial Recreation
Facilities, Outdoor MUP MUP - -
Commercial Recreation
Facilities, Outdoor, Ancillary P P - - Section 18.16.040(B) Parks and Public Plazas P P P P
Public Schools P - - -
Private Schools CUP - - -
Public/Private Colleges and
Universities CUP - - -
Equipment/Machine/Vehicle
Training Facilities CUP CUP P -
Vocational/Trade Schools CUP - - -
Utility, Transportation, and Communication Uses
Broadcasting and Recording
Studios P - - -
Fuel Storage and Distribution
Centers - - - CUP
Park and Ride Facilities P P P P
Parking Facilities CUP CUP CUP CUP
Wireless Telecommunications
Facilities and Towers, Co-
location/Small Cell
P P P P Section 18.16.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor MUP MUP MUP MUP Section 18.16.040(A) Chapter 18.66
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Table 2-13
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD

HO-RD LI HI Additional
Regulations
(less than 70 feet)
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
CUP CUP CUP CUP Section 18.16.040(A)
Chapter 18.66
Transit Stations and Terminals P P P P
Utility Facilities and
Infrastructure CUP CUP CUP CUP
Electric Power Plants MUP MUP MUP MUP Section 18.60.260 Diesel Back-up Generators P P P P Section 18.60.260
Water Wells MUP MUP MUP MUP
Photovoltaic Systems P P P P
Fuel Cells P P P P
Retail, Service, and Office Uses
Ambulance Services P P - -
Banks and Financial
Establishments, General P P - -
Banks and Financial
Establishments, Stand-alone
ATM

P P - -
Business Support Centers P P P P
Call Centers P P CUP -
Data Centers CUP CUP CUP CUP Section 18.16.040(B)
Section 18.60.090
Data Centers, Ancillary P P P Section 18.16.040(B)
Section 18.60.090
Equipment Sales and Rental
Facilities P P P - Section 18.16.040(B)
Hotels and Motels P P CUP CUP Section 18.16.040(A)
Kennels P - - - Section 18.16.040(B)
Maintenance and Repair
Services P P P -
Medical Services P P - -
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP Section 18.60.280 Offices P P - -
Outdoor Dining and Seating
(Ancillary) P P CUP - Section 18.16.040(A)
Section 18.60.140
Personal Services (Ancillary) P P - - Section 18.16.040(A) Restaurants (Ancillary) P P MUP MUP Section 18.16.040(A) Retail Establishments
(Ancillary) P P P P Section 18.16.040(A)
Section 18.16.040(B)
Vehicle Oriented Uses
Mobile Fueling Delivery P P P P
Vehicle Service Stations - - - CUP Section 18.60.220
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Table 2-13
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD

HO-RD LI HI Additional
Regulations
Vehicle Repair Facilities, Minor - - P - Section 18.60.200 Vehicle Repair Facilities, Major - - CUP P Section 18.60.200 Vehicle Storage Facilities MUP P MUP P
Vehicle Dismantling Facilities - - - CUP
Vehicle Impound Facility - - - CUP
Industrial, Manufacturing, and Processing Uses
Freight Yards/Truck Terminals - - CUP CUP
Hazardous Material Storage
Facilities - - - CUP
Industrial, Minor - P P P
Industrial, Major - - CUP P
Laundry and Dry-Cleaning
Plants - - P P
Printing and Publishing
Facilities P P P P
Recycling Facilities
Reverse Vending and
Collection Boxes - - P P Section 18.60.180
Collection Small - - P P Section 18.60.180
Collection, Processing, and
Transfer - - CUP CUP Section 18.60.180
Research and Development
Facilities P P P P
Storage
Personal Storage Facilities CUP - CUP -
Warehouse P P P P
Wholesaling and Distribution
Centers - CUP P P

SECTION 10: That Table 2- 16, “Special Purpose Zones Allowed Uses and Permit Requirements”, of Chapter 18.18, “Special Purpose Zones” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
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Table 2-16
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Residential Uses
Supportive Housing Facilities - CUP
Transitional Housing Facilities - CUP
Human Services Uses
Child Day Care Facilities - MUP Section 18.60.070
Community Care Facilities - MUP
Low-barrier Navigation Centers - MUP
Emergency Shelters -
MUP Section 18.18.040
Section 18.60.110
Medical Services, Hospitals - CUP
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP
Community Gardens MUP P Section 18.18.040
Libraries P P
Museums - P
Parks and Public Plazas P P
Commercial Recreation
Facilities, Outdoor P CUP Section 18.18.040(B)
Places of Assembly - CUP
Public Schools - P
Private Schools - CUP
Public/Private Colleges and
Universities - CUP
Theaters and Auditoriums - CUP
Vehicle Oriented Uses
Mobile Fueling Delivery - P
Utility, Transportation, and Communication Uses
Public Safety Facilities - P
Wireless Telecommunications
Facilities and Towers, Co-
location
- P Section 18.18.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP Section 18.18.040(A)
Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
- CUP Section 18.18.040(A)
Chapter 18.66
Transit Stations and Terminals - P
Utility Facilities and
Infrastructure CUP CUP
Electric Power Plants - MUP Section 18.60.260
Diesel Back-up Generators - MUP Section 18.60.260
Water Wells - MUP
Photovoltaic Systems - P
Fuel Cells - P
Retail, Service, and Office Uses
Mobile Food Vendors - P/MUP Section 18.60.280
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Table 2-16
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Offices - P
Outdoor Dining and Seating - MUP
Retail Establishments, Ancillary - MUP

SECTION 11: That Paragraph c, “Emergency Shelters”, of Subsection A, “General Purpose Regulations”, of Section 18.18.040, “Other Applicable Regulations”, of Chapter

18.18, “Special Purpose Zones” of Title 18, “Zoning”, of the SCCC is hereby deleted.

SECTION 12: That Subsection B, “Height Measurement,” of Section 18.30.040, “Height Measurements and Exceptions,” of Chapter 18.30, “Site Planning and General Development Standards,” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“B. Height Measurement. For structures, Height is a vertical distance from the grade to the highest point of the coping that defines the volume of the building of a flat roof, or to the deck line of a mansard roof, or to the highest gable of a pitched or hipped roof. See Figure 3-2 (Height Measurement).”
SECTION 1 3: That Section 18.30.020, “Permitted Projections into Required Setback Areas” of Chapter 18.30, “Site Planning and General Development Standards” , of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
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“18.30.020 – Permitted Projections into Required Setback Areas In applying the regulations of this Section, the following features of a structure shall not be included in the parcel coverage and may project into a required setback to the extent specified. None of the identified exceptions shall be permitted if they encroach into an adopted plan line, right-of-way, or public use easement.

A. Bay windows, Chimneys, Cornices, canopies, eaves or other projections that do not increase the volume of space enclosed by the structure may project up to two feet into a required side yard setback or three feet into a required front or rear yard setback.

B. Fire escapes may project into a required setback up to four feet, six inches.

C. Covered front porches including architectural features and roof projections, patios, decks, stairs, ramps, railings and landings may project up to six feet into a required front or corner side yard setback and may project up to three feet from the parcel line in any rear yard setback.

D. In order to qualify for this exception, bay window and chimney projections may not occupy more than 33 percent of the length of the structure wall on which they are located.

E. Equipment and/or structures enclosing equipment (e.g., solar panels, water storage tanks, heating equipment, or similar mechanical equipment that does not emit noise) that are attached to a primary structure or an accessory structure shall be permitted to encroach into a required rear or side setback area, provided they do not encroach more than 50 percent of the depth of the rear or side setback. //
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F. Decks limited to maximum 3 feet in height may project up to 10 feet into any required rear setback, provided they maintain a minimum 3 foot interior side setback.” SECTION 14: That the title for Chapter 18.22, “Residential Accessory Structures” of Title 18, “Zoning”, of the SCCC be renumbered to Chapter 18.32.

SECTION 1 5: That Section 18.32.020, “Permit Requirements”, of Chapter 18.32, “Residential Accessory Structures”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“ 18.32.020 – Permit Requirements
A. Permit Requirements. Except as otherwise exempt in Subsection B., residential accessory structures require Site Plan and Design Review Check as described in Chapter 18.120 (Site Plan and Design Review).

B. Exemptions. The following residential accessory structures are exempt from permits and approvals governed by this Title, provided they comply with all of the requirements listed below. Exempt accessory structures may also require building permits in keeping with the California Building Code.

1. Enclosed and/or solid -roofed accessory structures that are 120 square feet or smaller and no greater than 16 feet in height.

2. Structures shall not be located in a required front yard.

3. In order to maintain necessary fire breaks, all combustible residential accessory structures shall be set back a minimum of four feet from side and rear property lines with a minimum six-foot separation between structures.” //
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SECTION 1 6: That Subsection 18.34.040. B, “Retaining Walls” , of Section 18.34.040, “Maximum Heights”, of Chapter 18.34, “Fences, Walls, Hedges, and Screens”, of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
“B. Retaining Walls. Retaining walls are limited to three feet in height with a six - foot fence above, and one additional foot of lattice. For properties with a grade differential of greater than four feet, a taller retaining wall is permissible, subject to Director approval.

See Figure 3-5 (Retaining Wall Height Measurement).”
SECTION 17: That Section 18.36.070, “Additional Requirements for Residential Zones”, of Chapter 18.36, “Landscaping Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“18.36.070 - Additional Requirements for Residential Zones All new development front yard landscaping shall include, at a minimum, one 15- gallon size tree and an irrigation system used to establish the landscaping to be installed prior to occupancy. This requirement shall be in addition to any other tree installat ion requirements required by law, such as street trees to be approved by the Department of Public Works.”
SECTION 1 8: That Section 18.42.070, “Exempt Signs” of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
“18.42.070 – Exempt Signs
A. Exempt Signs. The following signs are allowed without a Sign Permit in any zone and shall not be included in the determination of type, number, or area or signs allowed on each parcel. Exempted signs shall be required to adhere to the regulations established for each sign type as provided in this Section.

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Signs required by Federal/State law;

1. Official signs posted by a governmental body, including, flags, banners, emblems, traffic or highway signs, railroad crossing signs, or similar regulatory or warning devices and legal notices;

2. Holiday displays and decorations, only when not creating a traffic hazard or located within any visual setback area in the sight distance triangle;

3. Commemorative plaques, tables, date of construction, and similar signs constructed of permanent material. Only one sign for each structure, not to exceed two square feet in area for each sign is allowed;

4. Signs located inside a structure, mall, or other similar structure, provided these signs are not conspicuously visible and readable from a public street or adjacent properties not under the same ownership;

5. Murals or other artistic paintings on walls, provided no names, information, logos, emblems or other similar information or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting;

6. "No Trespassing" signs. Each sign limited to one square foot in area. Signs may be placed at each corner and each entrance to a parcel and at intervals of not less than 50 feet or in compliance with legal requirements;

7. Real estate signs.
a. “For Rent”, “For Sale”, and “For Lease” signs shall be posted on the subject parcel, including common driveways, that is being advertised by an authorized agent;
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b. Real estate signs shall not exceed six square feet for single- family residential and 32 square feet for multi-family or non-residential for each side of a double- sided sign;
c. There shall be no more than one sign per street frontage; and d. Illuminated real estate signs are prohibited.

9. Signs placed by utilities or other publicly regulated servic e providers indicating location of underground facilities, danger, and aids to service or safety, including official advisory and signal flags;

10. Copy changes in approved changeable copy signs;

11. Signs or notices incidental to a commercial, mixed-use , or industrial establishment (e.g., hours of operation, credit card information, emergency contact information, help wanted, open-close) provided the signs do not contain any commercial messages, the establishment logo, and in total do not exceed four square feet in area for all incidental signs;

12. Memorial tablets or signs and iconic markers;

13. Window signs not exceeding 25 percent of a tenant’s total window space.

Notwithstanding the foregoing, window signs shall not include the outline of windows with neon/LED light borders;

14. Signs related to the operation of a Mobile Food Vending Facility, provided that the aggregate sign area of all signs on the site, including the signs related to the operation of a Mobile Food Vending Facility, does not exceed the sign area standards in the district in which the Mobile Food Vending Facility is operating. //
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B. Routine Maintenance. Painting, repainting, or cleaning of a sign shall not be considered erecting or altering a sign. No Sign Permit shall be required unless structural changes are proposed to be made.

C. Building Permit may be required. Under certain circumstances, temporary signs and other exempt signs may require a Building or Electrical Permit, as required by the uniform codes adopted by the City.”
SECTION 19: That Subsection C of Section 18.42.170, “Signs in Office and Industrial Zones” of Chapter 18.42, “Sign Standards” of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
“C. General Office and Industrial Sign Location Regulations. Sign shall be placed a minimum of five feet from the front property line and shall not be located within a dedicated utility easement.”
SECTION 20: That the table of contents entry for Section 18.60.120, Home Occupations, of Chapter 18.60, “Standards for Specific Land Uses”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“18.60.120 – Home Occupations”
SECTION 21: That Section 18.60.020, “ Accessory Dwelling Units”, of Chapter 18.60, “Standards for Specific Land Uses”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“18.60.020 – Accessory Dwelling Units
A. Ministerial ADU Approval on Single-Family Parcels. The City shall ministerially approve the construction of accessory dwelling units ( ADUs) through the issuance of a Zoning Clearance on any single-family residential parcel to create any of the following:

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1. One detached ADU;

2. One attached ADU or one attached JADU, subject to the following:
a. The attached ADU has exterior access and matches the height of the existing or proposed building or an existing accessory structure; b. The attached ADU is within the building space of an existing accessory structure or Single Family Dwelling (SFD) or a proposed SFD. Enclosed uses within the residence, such as attached garages, are considered part of the proposed or existing SFD. c. The JADU has exterior access and is contained within the Building Space of an existing or proposed Single Family Dwelling (SFD); or d. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

3. One converted ADU satisfying the requirements of subsection 18.60.020.J.

4. Any combination of one detached ADU described in Subsection 1 Above, one attached JADU described in Subsection 2.c or 2.d, above, and one converted ADU described in Subsection 3 above.

B. Ministerial ADU Approval on Multi -Family and Mixed -Use Parcels. The City shall ministerially approve ADUs through the issuance of a Zoning Clearance on any multi-family residential or mixed-use parcel to create any of the following:

1. Up to two detached ADUs that comply with ADU height and setback standards;
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2. At least one attached ADU in a multi -family or mixed -use structure, and additional attached ADUs up to 25 percent of the number of existing dwelling units, provided that any attached ADUs are placed within areas of the structure that are not currently used as livable space, including storage rooms, boiler rooms, passageways, attics, basements, or garages; or

3. A combination of the ADUs listed in Subsections 1. and 2., above.

4. For ADUs subject to ministerial approval in one of the categories above, the following shall apply:
a. Legal nonconforming zoning conditions (setbacks, parcel coverage, etc.) do not need to be brought into conforming status in order to obtain the Building Permit for the ADU. In addition, illegal conditions unrelated to the construction of the ADU do not have to be corrected as a prerequisite to the construction of the ADU.

Notwithstanding the foregoing, the City reserves its rights to require correction of any illegal conditions through standard code enforcement processes. b. All rentals of ADUs and JADUs shall be for a term longer than 30 days.

C. Proposed ADUs Not Meeting Above Requirements. Proposed ADUs not falling within any of the categories listed above may potentially still be approved but shall meet the standards specified in SCCC Chapter 18.10 and undergo Architectural Review in compliance with Chapter 18.120.

D. Development Standards Applicable to All ADUs.

1. Parcel size: No minimum parcel size is required to construct an ADU or JADU on a single-family, multi-family. Or mixed-use property.

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2. Minimum floor area: 150 square feet.

3. Parking: No parking spaces are required for an ADU or JADU.

4. When a garage, carport, or covered parking structure for the SFD is demolished in conjunction with the construction of an ADU or JADU or converted to an ADU or JADU, those off-street parking spaces need not be replaced.

E. Development Standards for ADUs and JADUs on Single -Family, Multi- Family, and Mixed-Use Parcels.

1. Detached ADUs.
a. Height limit: 1 story, 18 feet, excepting building elements that meet the development standards in Subsection 2, below.
b. Setback, rear: 4 feet.
c. Setback, side: 4 feet.
d. Setback, corner side: 4 feet.
e. Unit size maximum, parcels less than or equal to 5,500 square feet:
1,000 square feet.
f. Unit size maximum, parcels greater than 5,500 square feet: 1,200 square feet.
g. Detached ADUs may include a detached garage.

2. Additional development standards for detached ADUs greater t han one story and 18 feet in height.
a. Height limit: 1.5 stories, 25 feet
b. Setback, rear, one-story elements: 4 feet.
c. Setback, rear, multi-story elements: 15 feet.

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d. Setback, side, one-story elements: 4 feet
e. Setback, side, multi-story elements: 9 feet
f. Maximum width for dormers: 40 percent of the subject building elevation.
g. Egress windows: Egress windows shall face the primary residence, as opposed to the neighboring properties.

3. Attached ADUs.
a. Height, number of stories: 25 feet and 2 stories
b. Setback, front: Meet the setback for the subject zone, except as provided in paragraphs H and I.
c. Setback, side: 4 feet.
d. Setback, rear, one-story elements: 4 feet.
e. Setback, rear, multi-story elements: 15 feet.
f. Unit size: 1,000 square feet or 50 percent of the size of the main unit (minimum of 800 square feet), whichever is less.
g. All attached ADUs subject to ministerial approval shall be constructed within the setbacks required and at a maximum height of 25 feet will still qualify as being within the “building space” if it includes an expansion of an existing SFD or accessory structure by up to 150 square feet for purpose of creating ingress/egress.

Such an expansion may exceed the zoning requirements for the main SFD (such as parcel coverage and setbacks).
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h. For the purposes of ADUs, “building space” shall mean the walls of a proposed SFD or an existing SFD or accessory structure. However, an attached ADU will still qualify as being within the “building space” if it includes an expansion of an existing accessory structure by up to 150 square feet for purpose of creating ingress/egress. Such an expansion may exceed the zoning requirements for the main SFD (such as parcel coverage and setbacks).

F. Development Standards for JADUs. JADUs are attached ADUs built within the building space of an existing or proposed structure.

1. The maximum area of a JADU is 500 square feet.

2. All JADUs must be constructed within the walls of a proposed or exis ting SFD. The 150-square foot “building space” expansion is not available for JADUs. JADUs are not permitted in accessory structures.

3. A JADU shall contain an efficiency kitchen (a cooking facility with appliances, a food preparation counter, and storage cabinets).

4. A JADU may include separate bathroom facilities or may share bathroom facilities with the main SFD. If a permitted JADU does not include a separate bathroom, the permitted JADU shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

5. Owner-occupancy is required in the single- family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit.

Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

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6. The recordation of a deed restriction is required, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the JADU that conforms with this section of the Zoning Code.

G. ADUs subject to Parcel Coverage, Floor Area Ratio (FAR), and Open Space Requirements. ADUs and JADUs are subject to front setback requirements, parcel coverage, FAR, and open space requirements, but only to the extent that such requirements would still allow for:

1. A detached ADU of 800 square feet, that is at least 18 feet in height with four-foot rear yard and four-foot side yard setbacks. Setbacks and side yard setbacks to be constructed in compliance with all other applicable City development standards.

2. An attached ADU, staying within the existing building space, and constructed in compliance with all other applicable City development standards.

H. ADUs Not Meeting Ministerial Approval Standards. ADUs and JADUs not meeting ministerial approval standards under Paragraph A, are subject to Architectural Review in compliance with Chapter 18.76 and shall meet all applicable Zoning Code regulations.
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I. ADUs Proposed in The Location of Existing Accessory Structures. No setbacks are required for conversions of existing structures (garages or other accessory structure) that are constructed in the same location and to the same dimensions as the existing structure.

J. ADUs on Historically Designated Properties.

1. The City is expressly allowed to regulate parking, height, setback, landscape, Architectural Review, maximum unit size, to require standards that prevent adverse impacts on any properties listed in the California Register of Historical Resources.

2. The addition of an ADU to a property listed in the California Register of Historical Resources requires a Significant Properties Alteration (SPA) Permit.

K. Standards Applicable to Converted ADUs. The following standards apply only to converted accessory dwelling units:

1. Definition. A converted ADU is an ADU converted from an existing primary dwelling or accessory structure, including but not limited to attached garages, storage areas, or similar uses, or an accessory structure including but not limited to a studio, pool house, or other similar structure.

2. Limited Expansion. Conversions may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing structure if the expansion is for the sole purpose of accommodating ingress and egress to the converted structure.

3. Exterior Access Required. The converted space or structure shall have exterior access.

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4. Setbacks. An accessory dwelling unit or portion of an accessory dwelling unit located within the existing space of an existing dwelling or within an existing detached accessory structure shall not require a setback from the rear, street side, or interior side property lines.

5. Parking. No additional off -street parking is required for the converted accessory dwelling unit. If replacement parking is provided, the replacement spaces shall be located in any configuration on the same parcel as the accessory dwelling unit and may include but is not limited to covered spaces, uncovered spaces, or tandem spaces.

Replacement parking may only occur on driveways leading to a required parking space or in rear yard on a paved surface.

6. Unit Size Requirements. The conversion of an existing accessory structure or a portion of the existing primary dwelling to an accessory dwelling unit is not subject to unit size requirements established in this Section. For example, if an existing 2,000 square-foot accessory structure was converted to an accessory dwelling unit, it would not be subject to the established unit size requirements.” SECTION 22: That Subsection B of Section 18.60.090, “Data Centers” of Title 18 (entitled “Zoning”), of “The Code of the City of Santa Clara, California” (“SCCC”) is revised as follows:
“Permit Requirements. Data Centers are allowed as specified in Table 2-13 (Office and Industrial Zone Allowed Uses and Permit Requirements).

SECTION 2 3: That Subsection D, “Developmental and Operational Standards,” of Section 18.60.110, “Emergency Shelters” of Chapter 18.60, “Standards for Specific Land Uses,” of Title 18, Zoning, of the SCCC is hereby amended to read as follows:

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“D. Developmental and Operational Standards. The following standards shall apply to all Emergency Shelters:

1. Maximum Number of Beds. The maximum number of beds shall not exceed 50.

2. Length of Stay. The maximum stay at the facility shall not exceed 180 total days in any 365-day period.

3. Intake Areas. On-site client waiting and intake areas shall be located inside the structure, when feasible, and shall be screened from public and private property. If not feasible, an exterior waiting area shall be provided which:
a. Contains a minimum of 10 square feet per bed provided at the facility; b. Shall be in a location not adjacent to the public right-of-way; and c. Shall be visibly separated from public view by a minimum six-foot-tall visual screening.

4. Intake Area Hours. Hours of intake shall be between the hours of 5:00 p.m. to 9:00 p.m. Overnight occupants shall not be allowed to leave the facility on foot before 7:00 a.m. the following morning.

5. On-site Employee Requirements. A minimum of one employee for each 15 beds provided, in addition to security personnel, shall be on duty and remain on- site during operational hours whenever occupants are on the site.

6. Required Security. Security personnel shall be provided during operational hours whenever clients are on the site and when people are waiting outside the facility. //
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7. Exterior Lighting. Exterior lighting shall be provided for the entire outdoor area of the site. Exterior lighting shall be stationary, directed downward and away from adjacent properties an d public rights -of-way, and be of an intensity compatible with the neighborhood and the regulations of Section 18.40.080 (Outdoor Lighting).

8. Allowable On-site Services. The emergency shelter may provide the following services and facilities to occupants in a designated area separate from the sleeping areas:
a. A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view.
b. A counseling center for job placement, educational, health care, legal, or mental health services.
c. Laundry facilities sized to properly serve the number of occupants at the shelter.
d. Kitchen for the preparation of meals.
e. Dining hall.
f. Client storage areas (i.e., for the overnight storage of bicycles and personal items).
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9. Annual Report to the City. The operator of the facility shall provide, via the Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations, at the City’s request, an annual report of the use of the facility and determination of compliance with the City’s development standards for the use. The report shall include information regarding client stays, client demographics, client income, and exit destinations.

10. On-site Management. Professional and on -site management, with experience managing emergency shelters, shall be provided at all times.” SECTION 24: That a new Section 18.60.280, “Mobile Food Vendors” is hereby added to Chapter 18.60, “Standards for Specific Land Uses” of Title 18, “Zoning”, of the SCCC to read as follows:
“18.60.280 – Mobile Food Vendors
A. Purpose and Intent. The intent of these regulations is to encourage mobile food vending that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance.

B. General Developmental Standards. The fo llowing developmental standards shall apply to all Mobile Food Vendors:
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1. Location. Mobile Food Vendors shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, emergency vehicle/fire access lanes, landscaped areas, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities (e.g., waste receptacles and drinking fountains), or any other requirement listed in the Building Code. Outdoor dining and seating shall not be located within the public right -of- way, in designated vehicle drive aisles, or within required landscape planter areas.

2. Hours of Operation. For Mobile Food Vendors that are located within 100 feet of a residential use, hours of operation are limited to 7 am to 10 pm daily.

3. Signs. No additional business identification or advertising signs for Mobile Food Vendors shall be allowed above the maximum allowable sign area for the corresponding primary use as established in Chapter 18.42 (Sign Standards).

4. Maintenance. Mobile Food Vendor areas shall be kept free of garbage and other debris and shall not encroach into required sidewalk clearance areas.

5. Distance from Residential Uses. Except as otherwise expressly allowed in this Zoning Code, no Mobile Food Vendor shall be located less than 100 feet from the property line of a residentially zoned parcel without prior approval of a Minor Use Permit.

6. Operational Standards. The following operational standards shall apply to all Mobile Food Vendors:
a. Permittee to Ensure Maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area containing the Mobile Food Vendor, including any design requirements hereafter enacted, from the structure frontage to the curb.

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b. Permittee to Ensure Compliance. The permittee shall restrict the Mobile Food Vendor to the approved location and ensure compliance with all applicabl e laws, including laws against blocking the public right -of-way, health and safety laws, public cleanliness laws, and laws regulating the sale and public consumption of alcohol. c. Alcoholic Beverage Sales. Areas in which alcoholic beverages are served shall comply with the standards established by the State Department of Alcoholic Beverage Control.
d. Clean-up Facilities. The property owner shall provide adequate clean-up facilities for Mobile Food Vendors, and associated procedures, in the following manner.
i. Cleaning Schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and,
ii. Waste Rec eptacles. Outdoor dining areas shall contain waste receptacles, which shall not be allowed to overflow, for use by the public and/or restaurant employees.
e. Required Parking. No additional parking shall be required for the Mobile Food Vending area associated with the primary use. Up to four parking spaces can be occupied by the Mobile Food Vending Facility.
f. Amplified Sound. No amplified sound associated with the Mobile Food Vendor Use is allowed.
g. Temporary Canopies. Any temporary canopies associated with seating areas are required to be removed on a nightly basis.

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C. Permit Requirements.

1. All Mobile Food Vendor subject to the requirements of this Section shall be allowed as specified in Article 2 (Zones, Allowable Uses, and Development Standards).

2. Mobile Food Vendors are allowed as follows:
a. When operating for less than two hours, no permit is required, except as otherwise provided below;
b. When operating for more than two hours but less than four hours on a site: A Zoning Clearance is required, but no Minor Use Permit, except as otherwise provided below; and
c. When operating for more than four hours on a site, or when operating within 100 feet of a residentially zoned parcel, measured from the Mobile Food Vending Facility to the property line, for any length of time: A Minor Use Permit is required.

3. When a Zoning Clearance is required, the Mobile Food Vendor is subject to the following standards:
a. The Property Owner’s written authorization is required. b. The applicant shall provide a site plan that details the Mobile Food Vending location, seating location and location of required trash receptacles. All plans are subject to approval by the Fire and Building Departments. c. The applicant is required to provide County Public Health clearance. d. The applicant is required to provide trash cans for on- site litter control.
e. Seating is limited to a maximum area of 500 square feet and a maximum of 24 seats.

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f. Any improvements do not interfere with a continuous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.

4. When a Minor Use Permit is required, in order to approve the proposed Mobile Food Vendor, the Director shall make the Zoning Clearance standards above, the standard findings required for the Minor Use Permit, as well as all the following additional findings:
a. Allows a contin uous pedestrian path of travel in compliance with State and Federal accessibility regulations that will not obstruct fire, pedestrian, and wheelchair access.
b. Does not unduly interfere with pedestrian traffic on the sidewalk. c. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. d. Allows an unobstructed view of traffic devices.”
SECTION 25: That Paragraph 2 of Subsection A of Section 18.60.270, “ Developments Located Within the Airport Influence Area” of Chapter 18.60, “Standards for Specific Land Uses”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“2. To ensure compliance with safety zone policies in the SJC Comprehensive Land Use Plan (CLUP), all proposed housing development within the various safety zones must conform to the applicable density allowances and open space/open area requirements as outlined in Section 4.3.5.1 and Table 4-2 of the SJC CLUP.” //
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SECTION 2 6: That Subsection B, “ Quasi-Judicial Actions and Permits ”, of Section

18.110.020, “ Discretionary Permits and Actions, ” of Chapter 18.110, “General Provisions,” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“Quasi-Judicial Actions and Permits, Director Approval. Except when combined with legislative actions, the Director is the designated Review Authority for the following quasi -judicial permits and actions. Alternatively, the Director may refer applications to the Planning Commission. A public hearing is required for the following quasi-judicial actions in compliance with Chapter 18.146 (Public Notices and Hearings).

1. Architectural Reviews with a Public Hearing. A review process providing for review of projects for compliance with the provisions of this Zoning Code and with any site plan or architectural design guidelines adopted by the City as specified in Chapter

18.120 (Architectural Review), for which a public hearing is required by Section

18.120.020.D.

2. Historic Preservation—Significant Property Alteration (SPA) Permits for either Minor or Major Alterations. A permit allowing for the alteration of properties and buildings on the City’s Historic Resources Inventory (HRI), as specified in Chapter 18.130, Historic Preservation. SPA permits are heard by the Director, with Major SPA permits reviewed and recommended on by the Historical Landmarks Commission.

3. Minor Use Permits. A permit authorizing the operation of a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code and the procedures specified in Chapter 18.114 (Conditional and Minor Use Permits).
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4. Temporary Use Permits. A permit authorizing specific limited term uses in compliance with conditions and performance criteria specified in Chapter 18.12 2 (Temporary Use Permits).”
SECTION 27: That Subsection C, “Legislative Actions,” and Subsection D, “Subdivision Maps and Other Approvals,” of Section 18.110.020, “Discretionary Permits and Actions,” of Chapter 18.110, “General Provisions,” of Title 18 , “Zoning”, of the SCCC are hereby renumbered as new Subsections D and E, respectively.

SECTION 28: That a new Subsection C, “Quasi-Judicial Actions and Permits, Planning Commission Approval,” is hereby added to Section 18.110.020, “Discretionary Permits and Actions,” of Chapter 18.110, “General Provisions,” of Title 18, “Zoning”, of the SCCC to read as follows:
“C. Quasi-Judicial Actions and Permits, Planning Commission Approval. Except when combined with legislative actions, The Planning Commission is the designated Review Authority for the foll owing quasi-judicial permits and actions. Additionally, the Director may refer applications to the Planning Commission. A public hearing is required for the following quasi-judicial actions in compliance with Chapter 18.146 (Public Notices and Hearings).

1. Conditional Use Permits. A permit conditionally authorizing a specific use of land or a structure in a particular location in compliance with the provisions of this Zoning Code and the procedures specified in Chapter 18.114 (Conditional and Minor Use Permits).
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2. Variances. An action granting exception to the development standards of this Zoning Code in cases where strict compliance would result in a unique hardship in compliance with Chapter 18.126 (Variances and Minor Modifications).” SECTION 2 9: That Table 6- 1, “ Review A uthority”, of Chapter 18.112, “ Application Processing Procedures” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:

Table 6-1
Review Authority

Type of Action Applicable
Code
Citation
Role of Review Authority(1)(2)
Director Planning
Commission Council
A. Administrative Permits and Actions
Architectural Review
Review of Single-Family Res. 18.120 Decision Appeal Appeal Review of All Other Items 18.120 Decision Appeal
Density Bonus for Affordable Housing 18.64 Decision Appeal Minor Modifications 18.124 Decision Appeal
Minor Use Permits 18.114 Decision Appeal
Off-Site Parking Permit 18.116 Decision Appeal
Reasonable Accommodation 18.118 Decision Appeal
Sign Permits/Comprehensive Sign
Programs

18.44 Decision Appeal
Temporary Use Permits 18.122 Decision Appeal
Zoning Clearances 18.126 Issuance Appeal
B. Quasi-Judicial Permits and Actions
Conditional Use Permits 18.114 Decision Appeal
Major Modifications 18.114 Decision Appeal
Minor Modifications 18.114 Decision Appeal
Historic Preservation –SPAs for Minor
Alterations

18.130 Decision Appeal
Historic Preservation –SPAs for Major
Alterations

18.130 Decision Appeal
Variances 18.124 Decision Appeal
C. Legislative Actions
General Plan Text/Map Amendments 18.142 Recommend Decision Specific Plans and Amendments 18.150 Recommend Decision Zoning Code Text/Zoning Map
Amendments

18.142 Recommend Decision
D. Subdivision Maps and Other Approvals
Tentative Maps, Final and Parcel Maps See Title 17 (Development), Chapter 17.05 (Subdivisions) Lot Line Adjustments, Mergers, and
Approvals
See Title 17 (Development), Chapter 17.05 (Subdivisions) Notes:

1. "Decision" means that the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 18.144 (Appeals); “Issuance” means that the Review Authority may consider and Ordinance/Zoning Code cleanup Page 43 of 57
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Table 6-1
Review Authority

grant the request in compliance with this Zoning Code; “Recommend” means that the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration.

2. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Council is specified as the Review Authority, the Council shall be the final level of review.

SECTION 30: That Section 18.116.030, “ Administrative Off- Site Parking Permit Required”, of Chapter 18.116, “Off Site Parking Permits” of Title 18, “Zoning, of the SCCC is hereby amended to read as follows:
“18.116.030 – Administrative Off-Site Parking Permit Required All property owners, except the City, Sports and Open Space Authority, Housing Authority, Bayshore North Project Enhancement Authority, and Stadium Authority, who seek to provide parking on their parcel or site for a project or use located elsewhere, shall first obtain an Administrative Off -Site Parking Permit. Applications for Off -Site Parking Permits shall include all of the following:

A. Aerial Photo(s). Aerial photo(s) illustrating the boundaries of the parc el or site generating the parking demand and the parcel or site providing the off-site parking.

Aerial photo(s) shall clearly indicate the distance between the project site and the off-site parking locations. A pedestrian path of travel between the parcels or sites shall also be illustrated on the aerial photo(s).

B. Site Plan. A site plan for the site or parcel where the off -site parking will be provided. The site plan shall clearly illustrate all parking spaces, the dimensions of parking spaces, a parking space count, any parking spaces reserved for on- site use(s), driveways, curb cuts, drive aisles, landscaping, signs, and light standards. //
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C. Written Description. A written description of the off -site parking, which shall include, but not be limited to all of the following:

1. Days/hours of availability for off-site parking;

2. The term of the off -site parking availability (e.g., annual, until sale of property, etc.);

3. Responsible party for off-site parking management;

4. A written statement acknowledging that designated off-site parking spaces are exclusively for the benefit of off -site uses, and are not available for concurrent use to meet on-site parking demand;

5. Description/count of parking spaces available under the Off -Site Parking Permit; and

6. Existing uses on the parcels or sites providing the off -site parking, and the associated parking requirement.

D. Fee. Application submittal fees in compliance with Section 18.112.040 (Application and Other Related Fees).”
SECTION 31: That Subsection K, “Appeals”, of Section 18.120.020, “Architectural Review Process”, of Chapter 18.120, “Architectural Review”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
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“K. Appeals.

1. Single-Family Residential Project.
a. In the event the applicant or any interested party are not satisfied with the decision of the Director or designee for a single- family residential project, they may within seven days after such decision, appeal in writing to the Planning Commission, in compliance with the procedures specified in Chapter 18.144 (Appeals).
b. In the event the applicant or any interested party are not satisfied with the decision of the Planning Commission for a single -fa
mily
residential project, they may within seven days after such decision, appeal in writing to the Council, in compliance with the procedures specified in Chapter 18.144 (Appeals).

2. Other Than a Single-Family Residential Project.
a. For a project other than a single- family residential project, in the event the applicant or any interested party are not satisfied with the decision of the Director they may within seven days after such decision, appeal in writing to the Council, in compl iance with the procedures specified in Chapter 18.144 (Appeals).
b. Said appeal shall be taken by the filing of a notice in writing to that effect with the City Clerk.

3. Appeals Shall be Heard de Novo. All appeals of Architectural Review approvals will be heard de novo.
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4. Director May Refer to the Council. The Director may refer any application for Architectural Review consideration to the Council for its decision with the same effect as if an appeal had been taken.”
SECTION 3 2: That Subsection A, “Approvals, Permits, and Variances” , of Section

18.128.030, “Effective Dates of Permits”, of Chapter 18.128, “Permit Implementation, Time Limits, and Extensions” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“A. Approvals, Permits, and Variances.

1. Decisions on a Reasonable Accommodation, Temporary Use Permit, and Zoning Clearance shall become effective immediately following its approval/issuance.

2. Decisions on an Architectural Review, Conditional Use Permit, Minor Modifications, Minor Use Permit, or Variance shall become effective on the eighth calendar day following the actual date the decision was rendered by the applicable Review Authority, unless an appeal is filed in compliance with Chapter 18.144 (Appeals) prior to the effective date.”
SECTION 3 3: That Subsection C, “Appeal” , of Section 18.128.100, “Condition Compliance Required”, of Chapter 18.128, “Permit Implementation, Time Limits, and Extensions” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“ C. Appeal. If the applicant wishes to appeal any or all the final conditions of approval, the applicant shall file an appeal in compliance with Chapter 18.144 (Appeals).” //
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SECTION 34: That the current Sections 18.122.040, “Application Filing, Processing, and Review”, through 18.122.090, “ Post-Decision Procedures ”, inclusive, are hereby renumbered as Sections 18.122.060 through 18.122.110, inclusive.

SECTION 3 5: That a new Section 18.122.040, “Exempt Temporary Uses ”, is hereby added to Chapter 18.122, “Temporary Use Permits”, of Title 18, “Zoning” of the SCCC to read as follows:
“ 18.122.040 - Exempt Temporary Uses
The following minor and limited duration temporary uses are exempt from the permit requirement for a Temporary Use Permit. Temporary uses that do not fall within the categories defined below shall comply with Section 18.122.050 (Allowed Temporary Uses), below.

A. Construction Sites – On-Site.

1. On-site contractors' construction and/or storage uses, in conjunction with an approved construction project on the same parcel.

2. One caretaker unit may be present on- site during non- construction hours.

3. The construction and/or storage use shall be removed immediately upon completion of the construction project, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.

B. Emergency Facilities. Emergency public health and safety needs/land use activities, as determined by the Director.

C. Garage and Yard Sales. Residential garage and yard sales for the purpose of selling used household merchandise not to exceeding two, two- day periods each year.

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D. Events on Publicly Owned Property. Events that are conducted solely on publicly owned property and are sponsored by educational, fraternal, or service organizations directly engaged in civic or charitable efforts, subject to the approval of the Director.”
SECTION 3 6: That a new Section 18.122.050, “Allowed Temporary Uses ”, is hereby added to Chapter 18.122, “Temporary Use Permits”, of Title 18, “Zoning” of the SCCC to read as follows:
“18.122.050 – Allowed Temporary Uses
The following temporary uses are allowed on private property, subject to the issuance of a Temporary Use Permit, and only when conducted in compliance with the specified time limits and Section 18.124.090 (Conditions of Approval), below. A Temporary Use Permit shall not be issued if another temporary use has occurred on the subject property within the previous 30 (whether by the same applicant or otherwise).

A. Contractors’ Construction Sites – Off-Site. The temporary use of a site for an off-site contractor’s construction, staging, or storage area(s). The permit may be effective for up to 180 days and extended in 180-day increments, with Director approval, or the expiration of the companion Building Permit, authorizing the construction project, whichever first occurs.
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B. Special Events.

1. Amusement rides, arts and crafts exhibits, auctions, carnivals, circuses, concerts, fairs, festivals, flea markets, food markets/events, outdoor entertainment/ festivals/sporting events, petting zoos, religious revivals, rodeos, rummage sales (not garage or yard sales), tent camps, and swap meets limited to six consecutive days or less within any 30-day period, or six two-day weekends, within a 12- month period. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

2. Outdoor display and sale events conducted by a retail business, including auto dealerships, holding a valid Business License, issued in compliance with SCCC Title 5 (Business Licenses and Regulations), may be allowed a maximum of six outdoor sale events (excluding City -sponsored activities). For purposes of this Subsection, an outdoor sale event shall be no longer than seven consecutive days in duration. When an annual plan is submitted to and approved by the Director, the frequency and duration of these special events may be extended.

3. Outdoor meetings and group activities/assemblies for two or less seven consecutive day events, within a 12-month period.

4. Seasonal sales (i.e., Halloween pumpkin sales and Christmas tree sale lots) in compliance with SCCC Title 5 (Business Licenses and Regulations) provided, the length of the activity may not exceed 45 days in any 365-day period //
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5. Car washes, limited to one event each month for each site, not exceeding three days in length, and prohibited within the residential zones. Sponsorship shall be limited to charitable, educational, fraternal, religious, schools, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with 501(c) of the Federal Revenue and Taxation Code.

C. Temporary Residential Real Estate Sales Offices. One temporary real estate office may be located in any approved residential subdivision located within any residential or mixed-use zone in the City.

1. The temporary real estate office shall be used only for the sale of residential or commercial property located within the subdivision in which the office is located.

2. T he temporary real estate office shall be removed at the end of two years following the date of the recording of the final map of the subject subdivision in which the office is located.

3. If any parcels within the subdivision have not been sold at the end of the original two-year period, the Director may approve extensions for the continuation of the real estate office on a month-to-month basis.

D. Temporary Structures. A temporary classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved, for a maximum period of 12 months, as an accessory use or as the first phase of a development project, on sites located within the commercial, industrial, and mixed-use zones of the City. //
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E. Temporary Work Trailers. A permit for temporary work trailer(s) may be approved by the Director for up to 12 months, as a temporary work site for employees of a business:

1. During construction or remodeling of a permanent commercial, industrial, or mixed-use structure, when a valid Building Permit is in force; or

2. Upon demonstration by the applicant that the temporary work site is a short-term necessity, while a permanent work site is being obtained.

F. Other Similar Temporary Uses. Similar temporary uses that, in the opinion of the Director, are compatible with the subject zone and surrounding land uses.

G. Temporary Uses Needing Additional Days to Operate. Applications for temporary uses (other than the uses specified in Subparagraph B., above that are proposed to last more than six days (but not more than 45 days) or those proposed for a period of more than 15 consecutive days shall require the approval by the Director of a Minor Use Permit in compliance with Chapter 18.114.”
SECTION 37: That Article 8, “Definitions”, of Title 18, “ Zoning”, of the SCCC is hereby renumbered from Chapter 18.60 to Chapter 18.160, with Sections 18.60.010 to

18.60.260, inclusive, being renumbered to Sections 18.160.010 to 18.160.260, inclusive.

SECTION 38: That the definitions for “Banks and Financial Institution” and “Banks and Financial Institution, Stand-alone ATM” located in Section 18.160.020, “’B’ Definitions” of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC are hereby amended to read as follows:
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“Banks and Financial Establishments. Commercial establishment s including federally chartered banks, savings and loan associations, industrial loan companies, and credit unions providing retail banking services to individuals and businesses.

Banks and Financial Establishments, Stand-alone ATM. Stand-alone commercial establishment s typically in the form of a self -serve kiosk located in retail shopping centers, areas for commercial entertainment, or adjacent to pedestrian walkways, that provide retail banking services to individuals and businesses.” SECTION 39: That the definitions for the terms “Recreational Facility, Indoor Amusement” and “Recreational Facility, Outdoor Amusement” in section 18.160.180, “‘R’ Definitions”, be re-named “Commercial Recreational Facility, Indoors” and “Commercial Recreational Facility, Outdoors”, respectively, and are moved to Section 18.160.030, “ ‘C’ Definitions” of Article 8, “Definitions”, of Title 18, “Zoning” of the SCCC.

SECTION 40: That the definition for “Emergency Shelter” listed in Section 18.160.050, “’E’ Definitions” of Article 8, “Definitions”, of Title 18 “Zoning”, of the SCCC is hereby amended to read as follows:
“Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to an occupancy of six months or less by homeless persons or families, where no one may be denied emergency shelter because of an inability to pay; as defined and used in California Health and Safety Code Section 50801. The definition also includes other interim interventions, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.”
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SECTION 41: That a new definition for “Fitness Facilities” is hereby added to Section

18.160.060, “’F’ Definitions” of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC to read as follows:
“ Fitness Facilities. A business or an organization charging a membership or use fee, including private clubs and gymnasiums, that provides exercise machines, free weights, swimming pool, spa, steam room or fitness training and clas ses for use by clients.”
SECTION 42: That a new definition for “Maintenance and Repair Services” is hereby added to Section 18.160.130, “’M’ Definitions” of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC to read as follows:
“Maintenance and Repair Services. On-site repair and incidental sales of supplies for small household goods, machinery, tools, equipment, and appliances, conducted within an enclosed building. This classification includes furniture refinishing and repair and excludes maintenance and repair of vehicles or industrial equipment.” SECTION 43: That a new definition for “Parking Facility” is hereby added to Section

18.160.160, “’P’ Definitions” of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC to read as follows:
“ Parking Facility. A parking lot or parking structure customarily used for the temporary parking of motor vehicles. Parking facilities can be either a primary use or an accessory use.”
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SECTION 44: That the existing definition for “Public Parks and Playgrounds” is hereby re-named “Parks and Plazas” in Section 18.160.160, “’P’ Definitions” of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC and the definition is amended to read as follows:
“Parks and Plazas. Public parks, including playgrounds and athletic fields/courts and public plazas and outdoor gathering places, for community use.” SECTION 4 5: That a new definition for the term “Use by Right” is hereby added immediately after the definition of the term “Use” to Section 18.160.210, “U” Definitio ns, of Article 8, “Definitions” of Title 18, “Zoning”, the SCCC to read as follows:
“ Use by Right. Shall mean that for residential development projects subject to either Section 18.10.040.B.6 or 18.14.040.O, the City’s review of an owner -occupied or multifamily residential use shall not require a Conditional Use Permit, Minor Use Permit, Planned Development Rezoning, or other discretionary review, except that such projects shall still be subject to architectural review pursuant to Chapter 18.120 and a ny subdivision shall be subject to the City’s Subdivision O rdinance. However, such architectural review or subdivision shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.” SECTION 46: That properties in the Transit Neighborhood (TN) zoning district shall be considered “Mixed- Use” properties to which Table 3- 9 applies in Section 18.42.110, “Standards for Signs Requiring a Sign Permit” of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC.
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SECTION 47: That Paragraph 1, “Commercial Ancillary Uses”, of Subsection B, “General Office and Industrial Regulations”, of Section 18.16.040, “Other Applicable Regulations”, of Chapter 18.16, “Office and Industrial Zones”, of Title 18 , “Zoning”, of the SCCC is hereby amended to read as follows:
“1. Commercial Ancillary Uses. Commercial support uses are allowed in the LO - RD and HO-RD zones, and may be granted with approval of a Minor Use Permit by the Zoning Administrator in the LI and HI zones when the uses are found to comply with all of the following provisions:
a. The uses are intended to support and serve employees and visitors in the immediate area.
b. Uses shall be located entirely with in structures occupied by the primary use, unless otherwise approved with a Minor Use Permit. c. Ancillary uses shall occupy no more than 10 percent of the gross floor area of any structure or a maximum of 20,000 square feet, whichever is less, unless otherwise approved with a Minor Use Permit.
d. Ancillary uses are limited to the following:
(1) Retail Establishments.
(2) Personal Services Establishments.
(3) Restaurants.
(4) Alcohol service incidental to a restaurant.
(5) Drinking Establishments, subject to a Conditional Use Permit. (6) Outdoor Seating, ancillary to a restaurant.
(7) Banks and Financial Establishments.”
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SECTION 48: That Paragraph 5 of Subsection D, “Public Hearing Required”, of Section

18.120.020, “Architectural Review Process” , of Chapter 18.120, “Architectural Review”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“5. Modifications or additions to existing non- residential development, where the modification or addition is greater than 20,000 square feet in size of net new area.” SECTION 49: That the cross -references to other sections of the code are updated to reflect the correct target destination.
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SECTION 50: 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 51: 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 16TH day of JULY, 2024, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Becker, Chahal, Hardy, Jain, Park and
Watanabe
None
Mayor Gillmor
None
ATTEST: ~

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/Zoning Code cleanup
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