ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING AND RESTATING IN ITS
ENTIRETY CHAPTER 13.20 (STORM DRAINS AND
DISCHARGES) OF TITLE 13 (PUBLIC SERVICES) OF
“THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA”
WHEREAS, the City is regulated by the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit which has been significantly updated since the preceding ordinance was adopted in 1994;
WHEREAS, the City is required to implement compliance programs for several sites including new and redevelopment, construction, industrial and commercial, and private land drainage areas;
WHEREAS, these new stormwater regulations impose a need for City authority to inspect, monitor, sample, require corrections, and assess appropriate fees to meet compliance requirements; and,
WHEREAS, City has prepared amendments to its existing Code in order to satisfy applicable legal requirements.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: Chapter 13.20 (entitled “Storm Drains and Discharges”) of Title 13
(entitled “Public Services”) of “The Code of the City of Santa Clara, California” (“SCCC”) is amended and restated as follows:
“Chapter 13.20
STORM DRAINS AND DISCHARGES
Sections:
Article I. Storm Drain Discharge, Procedure, Use Regulations, and Prohibited Substances
13.20.010 Purpose.
13.20.020 Definitions.
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13.20.030 Discharges into City storm drains.
13.20.040 Stormwater Management Requirements for New and Redevelopment Projects.
13.20.050 Stormwater Management Requirements for Construction Sites.
13.20.060 Stormwater Management Requirements for Industrial and Commercial Sites.
13.20.070 Stormwater Management Requirements for Private Land Drainage Areas (PLDAs).
13.20.080 Stormwater Management Plan Review and Inspection Fees.
13.20.090 Authority to Inspect, Monitor, and Sample.
13.20.100 Suspension of service.
13.20.110 Monitoring of discharge into the storm drain system.
13.20.120 Public nuisance.
13.20.130 Protection from accidental discharge – Accidental discharge notification.
13.20.140 Discharge pursuant to City and/or NPDES permit.
13.20.150 Criminal or Civil penalty for violation, payment of funds to account.
13.20.160 Emergency cleanup or abatement.
13.20.170 Administrative penalties.
13.20.180 Costs of enforcement.
Article II. Storm Drain Environmental Compliance Fee
13.20.190 Definitions.
13.20.200 Rates – Users within the City.
13.20.210 Rates – Issuance of bills – Information required.
Article III. Polystyrene Foam Disposable Service Ware
13.20.220 Definitions.
13.20.230 Polystyrene foam disposable food service ware prohibited.
13.20.240 Exemptions to the polystyrene foam disposable food service ware prohibition.
Article IV. Single-Use Carry-Out Plastic Bags
13.20.250 Definitions.
13.20.260 Single-use carry-out bags prohibited.
13.20.270 Administrative fine.
Article I. Storm Drain Discharge, Procedure, Use Regulations, and Prohibited Substances
13.20.010 Purpose.
This chapter is enacted for the protection of health, life, resources, and property through prevention and control of unauthorized discharges into watercourses, pursuant to a Federal mandate under (i) what is commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.) and in accord with (ii) the California Water Code, Division 7 (entitled “Water Quality” – Section 13020 et seq. and commonly referred to as the “Porter-Cologne Water Quality Ordinance/Storm Drain Code Update
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Control Act”), and (iii) the Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) Permit (MRP) issued by the California Regional Water Quality Control Board, San Francisco Bay Region, under which the City is a permittee. The primary goal of this chapter is the cleanup of stormwater pollution from urban runoff that flows to creeks and channels, eventually discharging into the South San Francisco Bay.
13.20.020 Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise.
(a) Reserved for future use.
(b) “B” definitions:
(1) “Best management practices (BMPs)” means activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to nearby creeks, streams, rivers, bays, and other waters of the United States. BMPs include treatment requirements, operation and maintenance procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
(c) “C” definitions:
(1) “City” means and includes all the territory lying within the municipal boundaries of the City of Santa Clara, as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein.
(2) “City Manager” means the City of Santa Clara’s City Manager and his/her duly authorized agents and representatives.
(3) “Conditions of Approval (COAs)” means requirements that the City may adopt for a project in connection with a discretionary action (e.g., adoption of an Environmental Impact Report or negative declaration or issuance of a use permit).
COAs may include features to be incorporated into the final plans for the project and may also specify uses, activities, and operational measures that must be observed over the life of the project.
(4) “Construction General Permit” means an NPDES permit issued by the California State Water Resources Control Board for construction activity that disturb one (1) or more acres of soil or that are part of a common plan of development or sale that in total disturbs more than one (1) acre of land surface.
(d) “D” definitions:
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(1) “Discharger” means any person who discharges, causes, or permits the discharge of industrial waste into a City sewer or storm drain.
(e) Reserved for future use.
(f) “F” definitions:
(1) “Full trash capture devices” are treatment controls that block trash from entering stormwater system that meet the trash capture criteria included in the MRP.
(g) Reserved for future use.
(h) “H” definitions:
(1) “Hydromodification” means the modification of the runoff hydrogr aph from a project site that is caused by land development, resulting in increased peak flows, volumes, and flow durations.
(2) “Hydromodification Management” (HM) refers to the use of detention and/or infiltration facilities that are constructed with special discharge structures to match pre-project runoff peak flows, volumes, and flow durations.
(i) “I” definitions:
(1) “Illegal discharge” means any discharge to a City storm drain or storm sewer that is not composed entirely of stormwater except non- stormwater discharges authorized by an MRP, or other NPDES permit, or the state or regional water control authority.
(2) “Impervious surface" means a constructed or modified surface that does not allow rainfall to percolate through to the subsoil and thus creates stormwater runoff.
Impervious surface includes, but is not limited to, building rooftops, pavement, sidewalks, patios, driveways or other hardscape where such surfaces are not constructed with pervious materials.
(3) “Industrial General Permit” means an NPDES permit issued by t he California State Water Resources Control Board that regulates industrial storm water discharges and authorized non- storm water discharges from certain industrial facilities in California based on their Standard Industrial Classification (SIC) code.
(j) Reserved for future use.
(k) Reserved for future use.
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(l) “L” definitions:
(1) “Low Impact Development” or “LID” is a land planning and engineering technique that maintains a site’s predevelopment hydrology by minimizing the amount of disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring, and/or biotreating stormwater runoff close to its source.
(m) “M” definition:
(1) “Municipal Regional Stormwater Permit (MRP)” means the Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) permit issued by the Regional Water Quality Control Board, San Francisco Bay Region to the City of Santa Clara and other permittees.
(n) “N” definitions:
(1) “Non-stormwater” means any discharge that is not composed entirely of stormwater including, but not limited to, sewage, industrial wastes, petroleum products, PAHs, coal tar, or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, oils, paints, contaminated water, chlorinated swimming pool water, trash, pesticides, wash water containing copper, or any other discharge containing heavy metals (e.g., copper, lead, mercury), pathogens (e.g., bacteria, viruses, protozoa), synthetic organics (e.g., pesticides, herbicides, PCBs), nutrients (e.g., nitrogen and phosphorus fertilizers); oxygen-demanding substances (e.g., decaying vegetation and animal waste), toxins, or other wastewater.
(o) Reserved for future use.
(p) “P” definitions:
(1) “Person” includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof.
(2) “Private Land Drainage Areas (PLDA)” means private parcels, excluding single- family and non- urban use parcels, that are significant trash generating, and that drain to storm drain inlets that the City does not own or operate, but that are plumbed to the City’s storm drain system, and are not already addressed by full trash capture devices.
(q) Reserved for future use.
(r) “R” definitions:
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(1) “Regulated Project” is a new development and redevelopment project, including large detached single-family home projects, that create and/or replace an amount of impervious surface area that equals or exceeds the thresholds described in the MRP. The impervious surface area created and/or replaced by the project includes portions of the public right of way, such as the street frontage, that are constructed or reconstructed as part of the project.
(s) “S” definitions:
(1) “Site Design Measures” are site planning techniques to conserve natural spaces and/or limit the amount of impervious surface at new development and redevelopment projects to minimize runoff and the transport of pollutants in runoff.
(2) “Small Development and Redevelopment Projects” and “Smaller Detached Single-Family Home Projects” are projects that create and/or replace an amount of impervious surface area that is less than the threshold for Regulated Projects, but greater than the threshold for Non-Regulated Projects.
(3) “Source Control Measures” are structural or nonstructural measures help prevent runoff pollution by reducing the potential for contact with rainfall runoff at the source of pollution. Source Control Measures minimize the contact between pollutants and urban runoff.
(4) “Stormwater” means rainfall runoff, snow melt runoff, surface runoff, and drainage from natural sources, and excludes infiltration.
(5) “Stormwater Management Plan” means a plan identifying site design, source control, stormwater treatment, and hydromodification management measures as applicable for managing stormwater runoff from a Regulated Project for complying with the MRP.
(6) “Stormwater Pollution” represents a process whereby pollutants, debris, and chemicals generated from various land uses accumulate on streets, construction sites, parking lots, and other exposed surfaces and in sub- surface soils and are washed off and carried away by stormwater runoff into storm drains and watercourses. The major pollutants of concern in these discharges include, but are not limited to, total suspended solids, sediment, heavy metals (e.g., copper, lead, zinc, cadmium, mercury), polychlorinated biphenyls (PCBs), pathogens (e.g.,, bacteria, viruses, protozoa), trash, petroleum products and Polycyclic Aromatic Hydrocarbons (PAHs), synthetic organics (e.g., pesticides, herbicides), nutrients (e.g., nitrogen and phosphorus fertilizers); oxygen- demanding substances (e.g., decaying vegetation and animal waste), toxins, or any other substance or material deleterious to fish, plant life, or bird life.
(7) “Storm Water Pollution Prevention Plan (SWPPP)” means a site-specific Ordinance/Storm Drain Code Update
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document that includes information needed to demonstrate compliance with the Construction General Permit or the Industrial General Permit.
(8) “Storm Drain System” sometimes termed “storm sewer,” means any pipe, conduit (including but not limited to streets, curbs, and gutters), or sewer of the City, designed or used for the disposal of stormwaters, surface waters, and natural drainage, including expressly authorized unpolluted water, but excluding any community sanitary sewer system.
(t) Reserved for future use.
(u) “U” definitions:
(1) “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, that would render such water unacceptable for disposal to storm systems, natural drainage, or directly to surface waters.
(v) Reserved for future use.
(w) “W” definitions:
(1) “Waste” includes sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
(2) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
(3) “Wastewater” means water that contains any waste.
(x) Reserved for future use.
(y) Reserved for future use.
(z) Reserved for future use.
13.20.030 Discharges into City storm drains.
(a) It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any storm drain, storm sewer, or natural outlet or channel any non-stormwater discharge.
(b) No person shall discharge any substance directly into a manhole or other opening in a City storm drain or storm sewer other than through a City-approved storm drain connection.
(c) Upon permit application and approval by the Department of Public Works, unpolluted Ordinance/Storm Drain Code Update
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water may be discharged into the City’s Storm Drain System or into a natural outlet. No discharge other than rainfall runoff shall be allowed, except for such discharge as is expressly permitted by the MRP and will not cause any impairment in the beneficial uses or quality of water of the State as defined in the California Water Code, or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region, or injure or interfere with the City’s storm drain system or the operation of the State’s watercourses.
(d) The City may, from time to time, by resolution of the City council, adopt supplementary rules and regulations on discharge into any storm drain or natural outlet or channel that shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable.
13.20.040 Stormwater Management Requirements for New and Redevelopment Projects.
(a) Regulated Projects shall be required to implement Site Design Measures, source control, stormwater treatment, and, if applicable, hydromodification management (HM) measures. Stormwater treatment shall be provided using Low Impact Development (LID) techniques designed in accordance with the numeric sizing criteria described in the MRP.
(b) All Regulated Project applicants shall submit a Stormwater Management Plan as part of the development application. The Stormwater Management Plan shall include plans and related documentation demonstrating how the requirements of the MRP will be met, and approval shall not be granted until the City determines that the Stormwater Management Plan complies with the requirements of the MRP.
(c) Certain Regulated Projects, as defined in the MRP, that are smart growth, high density, and affordable housing projects shall be allowed to use specific types of non-LID treatment (i.e., high flow rate tree well filters and media filters), if the use of LID treatment is first evaluated and determined to be infeasible. The project applicant shall submit documentation to show why the use of LID treatment is infeasible and identify the non-LID treatment proposed based on the characteristics of the project.
(d) If allowed by the MRP and authorized by the City, Regulated Projects shall be allowed to provide alternative or in-lieu compliance by treating an equivalent flow and pollutant load of the project’s stormwater runoff with LID treatment measures at an on-site location that otherwise would not require treatment, or at an offsite location in the same watershed, or by paying fees to provide stormwater treatment at a regional project or an offsit e project constructed and maintained by others. The offsite and fees alternative compliance options shall provide a net environmental benefit, as described in the MRP.
(e) Small Development and Redevelopment Projects and Smaller Detached Single-Family Home Projects that require approvals and/or permits under the City’s planning, building, or other comparable authority, shall include at least one of the following site design measures:
(1) Direct roof runoff into cisterns or rain barrels for reuse; Ordinance/Storm Drain Code Update
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(2) Direct roof runoff onto vegetated areas;
(3) Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas;
(4) Direct runoff from driveways or uncovered parking areas/lots onto vegetated areas;
(5) Construct sidewalks, driveways, and/or patios with permeable surfaces;
(6) Construct bike lanes, driveways, and/or uncovered parking lots or areas with permeable surfaces.
(f) All new development and redevelopment projects subject to planning, building, development, or other comparable reviews by the City, but not meeting the definition of Regulated Projects, Small Development and Redevelopment Projects or Smaller Detached Single-Family Home Projects shall include appropriate site design measures and source control measures, as determined by the City.
(g) All Regulated Projects shall install on-site full trash capture devices. Installed full trash capture devices shall be maintained by the property owner for the life of the project, following the manufacturer’s recommendations for maintenance.
(h) All Regulated Project applicants shall enter into a Stormwater Treatment Measures Inspection and Maintenance Agreement with the City to properly maintain all stormwater treatment measures, HM controls, and full trash capture devices installed on- site at the project location, or at an approved off-site location. The agreement shall provide access, to the extent allowable by law, for representatives of the City, the local vector control district, and the Regional Water Quality Control Board, strictly for the purposes of performing operation and maintenance inspections of the installed stormwater treatment measures, HM controls, and full trash capture devices. Any landowner of a property which has been required by this chapter to construct or install and maintain stormwater treatment measures, HM controls, and full trash capture devices, upon transferring ownership of such property, shall provide the new owners with a current copy of this chapter, and shall inform the new owners in writing of their obligation to properly operate, inspect, and maintain the stormwater treatment measures, HM controls, and full trash capture devices.
(i) Failure to properly maintain stormwater treatment measures, HM controls, and full trash capture devices per approved design shall be considered a violation of this chapter, and the landowner shall be required to make corrections within a specified time frame, as determined by the City. The landowner shall be responsible for the cost of corrections. If, after notice by the City to correct a violation, satisfactory corrections are not made by the landowner within a specified time period, the City may correct the violation by performing all necessary work to place the facility or practice in proper working condition. The landowner shall be assessed for the cost of the work and any penalties.
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(j) COAs related to stormwater management approved during the building permit application process must be maintained after project completion, for the life of the project.
Failure to comply with COAs shall be considered a violation of this chapter, and the landowner shall be required to make corrections within a specified time frame, as determined by the City. The landowner shall be responsible for the cost of corrections.
13.20.050 Stormwater Management Requirements for Construction Sites. (a) All construction sites o wners/operators shall implement and maintain adequate and effective erosion control, run- on and runoff control, sediment control, active treatment systems (as appropriate), dewatering, good site management, and non- stormwater management through all phases of construction (including, but not limited to, grubbing, clearing, site grading, filling, excavation, leveling, building, landscaping, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. All temporary erosion and sediment control measures shall be removed upon completion of construction.
(b) All construction site owners/operators shall submit, for review and approval by the City, an erosion and sediment control plan that includes seasonally appropriate and effective BMP’s, as described in the MRP.
(c) Owners/operators of all construction sites that disturb one acre or more of soil shall file a Notice of Intent (NOI) for permit coverage under the Construction General Permit and ensure that a site-specific Stormwater Pollution Prevention Plan (SWPPP) is developed, and amended as necessary, by a qualified SWPPP developer. The owner/operator shall provide evidence of permit coverage prior to the issuance of building, grading, demolition, or site improvement permits.
(d) All construction site owners/operators shall provide access to representatives of the City for inspecting BMPs prior to ground disturbance, during construction, and after the construction is complete. Upon request, the construction site owner/operator shall present the site-specific SWPPP and evidence of permit coverage under the Construction General Permit to the City. Failure to implement and maintain adequate and effective BMPs year round in accordance with the approved Erosion and Sediment Control Plan or the SWPPP (if applicable) shall be considered a violation of this chapter, and the construction site owner shall be required to make corrections within a specified time frame, as determined by the City.
13.2 0.060 Stormwater Management Requirements for Industrial and Commercial Sites.
(a) All industrial and commercial businesses located or operating within the City shall implement and maintain adequate and effective BMPs, as determined by the City at its sole discretion, to address Stormwater Pollution associated with outdoor process and manufacturing areas; outdoor material storage areas; outdoor waste storage, handling, and disposal areas; outdoor vehicle and equipment storage and maintenance areas; outdoor parking areas and access roads; outdoor wash areas (e.g., areas used to wash restaurant equipment and mats, vehicles, etc.); outdoor drainage from indoor areas; fueling areas; Ordinance/Storm Drain Code Update
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rooftop equipment; contaminated and erodible surface areas; and other sources determined by the MRP to have a reasonable potential to contribute to pollution of stormwater runoff.
(b) Owners/operators of industrial and commercial sites that are subject to the Industrial General Permit shall ensure that a site-specif ic SWPPP is developed and amended as necessary.
(c) Pursuant to Business and Professions Code Section 16100.3, any business applying to the City for a new or renewed business license that is subject to the Industrial General Permit based on its Standard Industrial Classification (SIC) code shall either demonstrate coverage under the Industrial General Permit or provide sufficient proof of non-applicability to the City prior to the business license being issued or renewed.
(d) All industrial and commercial sites shall provide access to representatives of the City to inspect BMPs, and to collect samples and measurements to ensure compliance with the MRP. Upon request, and if applicable, the industrial site owners/operators shall present the site-specific SWPPP, evidence of coverage under the Industrial General Permit, and documentation showing the submittal of the Annual Report to the State Water Resources Control Board as required by the Industrial General Permit. Failure to implement and maintain adequate and effective BMPs or comply with the approved SWPPP (if applicable) shall be considered a violation of this chapter, and the site owner shall be required to make corrections within a specified time frame, at the property owner’s cost, as determined by the City.
13.20.070 Stormwater Management Requirements for Private Land Drainage Areas (PLDAs).
(a) Owners of sites with designated PLDAs shall provide access to authorized representatives of the City to inspect and qualitatively score areas within PLDAs (e.g., driveways, sidewalks, parking lots, and other impervious surfaces) based on the levels of trash visually observed.
(b) Depending on the levels of trash visually observed, as required by the MRP, the City may require PLDA site owners to implement trash control measures, including, but not limited to, installation of full trash capture device(s) and/or other trash management BMPs.
Failure to implement and maintain adequate and effective BMPs shall be considered a violation of this chapter, and the site owner shall be required to make corrections within a specified time frame, at the property owner’s cost, as determined by the City.
(c) If required by the City to install a full trash capture device to service a PLDA, the PLDA site owner shall enter into a maintenance agreement with the City to properly maintain the device(s), in perpetuity. The Agreement shall provide access, to the extent allowable by law, to representatives of the City, strictly for t he purposes of performing operation and maintenance inspections of the full trash capture device(s). Upon transferring ownership of such property, the original PLDA site owner, shall provide the new owner(s) with a current copy of this chapter, and shall inform the new owner(s) in writing of their obligation to Ordinance/Storm Drain Code Update
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properly operate and maintain the full trash capture device(s).
(d) Failure to properly maintain the full trash capture device(s) serving a designated PLDA shall be considered a violation of this chapter, and the PLDA site owner shall be required to make corrections within a specified time frame, as determined by the City.
13.20.080 Stormwater Management Plan Review and Inspection Fees. (a) The City may, by resolution of the City Council, establish fees for Stormwater Management Plan review, Erosion and Sediment Control Plan review, SWPPP review, construction site inspections, construction and demolition diversion report verification, installation and operation and maintenance verification inspections of stormwater treatment measures, HM controls, and full trash capture devices, PLDA inspections, and inspections of commercial and industrial facilities.
13.20.090 Authority to Inspect, Monitor, and Sample.
(a) When deemed necessary by the City Manager, authorized representatives of the City shall, within the limitations of applicable state and federal laws, be allowed to enter any property at all reasonable times to inspect and monitor the same, and to collect samples and measurements to ensure compliance with the MRP. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(b) If the inspection, monitoring, or sampling results indicate a violation of the MRP, the City may require the property owner to make appropriate corrections within a specified time frame, or implement appropriate BMPs, at the property owner’s cost, as determined by the City.
13.20.100 Suspension of service.
When found necessary by the City Manager or his/her duly authorized agents and representatives to prevent violation of, or nonconformance with, any provision of this chapter or resolution adopted pursuant thereto, he/she shall refuse to allow, and shall suspend service connections with, the storm drain system to any person not complying with allowable storm drain discharges or regulations.
13.20.110 Monitoring of discharge into the storm drain system. (a) When deemed necessary by the City Manager or his/her duly authorized agents and representatives, he/she shall require any person to monitor their storm drain discharges to ensure compliance with allowable discharges.
(b) Where BMP guidelines or requirements have been adopted by any Federal, State, regional, County, or local agency, for any activity, operation, or facility that may cause or contribute to stormwater pollution or contamination, illicit discharges, discharges of non- stormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements as may be identified by the City Manager or his/her duly authorized agents and representatives.
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13.20.120 Public nuisance.
The discharge of unscreened garbage, fruit, vegetable, animal, or other solid or liquid industrial wastes into any storm drain or natural outlet or channel, in violation of any provision of this chapter, is hereby declared to be a public nuisance. The City Manager or his/her duly authorized agents and representatives may order cleanup of the waste or abatement of the effects of the waste. In the case of threatened pollution or nuisance as determined by the City Manager or his/her duly authorized agents and representatives, the City may take other remedial action, including, but not limited to, the overseeing of the cleanup and abatement efforts, or the City may seek the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of this chapter. Any person who violates the cleanup or abatement may be civilly, criminally, or administratively liable pursuant to SCCC 13.20.150.
13.20.130 Protection from accidental discharge – Accidental discharge notification. (a) Each person shall provide protection from accidental or negligent discharge of non- stormwater discharge, materials, or other wastes regulated by this chapter into any storm drain, storm sewer, natural outlet, or channel. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and equipment and facilities used to prevent accidental or negligent discharge of prohibited materials shall be provided and maintained at the user’s expense.
(b) All persons shall notify the City of Santa Clara Department of Public Works by telephone immediately upon negligent or accidental discharge of non-stormwater or wastes to enable mitigation or countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters.
(c) This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the negligent or accidental non - stormwater discharge and the measures being taken to prevent future occurrences. Such notification will not relieve the person of liability for violations of this chapter or for any fines or penalties imposed on the City on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Game Code, or any other applicable provisions of State or Federal laws, or local ordinances.
13.20.140 Discharge pursuant to City and/or NPDES permit. (a) Subject to review and approval under SCCC Chapter 13.20.030, the provisions of this chapter shall not prohibit any discharge in compliance with a valid NPDES permit issued to the discharger.
(b) Any discharge that would result in or contribute to a violation of the City-issued permit and the City’s NPDES permit, which shall be available from the City’s Department of Public Works, and any amendment, revision, or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such non- stormwater discharge shall be the responsibility of the person causing or responsible for the non-stormwater discharge, and such person shall protect, defend, indemnify and hold Ordinance/Storm Drain Code Update
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harmless the City in any administrative or judicial enforcement action relating to such action.
13.20.150 Criminal or civil penalty for violation, payment of funds to account. (a) Pursuant to SCCC 1.05.070, the City in its prosecutorial discretion, may enforce violations(s) of the provisions of this chapter as a criminal, civil, and/or administrative action. Administrative citations issued under this chapter shall follow the process set forth in Chapter 1.10 SCCC.
(b) Citation Authority. The following designated employee positions may enforce the provisions of this chapter by issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are the City Manager, or his/her duly authorized agents and representatives.
13.20.160 Emergency cleanup or abatement.
In order to enforce the provisions of this chapter, when the City Manager (or his/her duly authorized agents and representatives) finds and determines that the severity of the violation warrants immediate action, he/she shall clean up or abate violation thereof. The cost of such cleanup or abatement shall be recovered by the City. Such emergency cleanup or abatement will not relieve the person of further action, which may be taken by the City Manager (or his/her duly authorized agents and representatives), including but not limited to, suspension, revocation, or modification of the discharger’s permit, liability for any violations of this chapter, or any other applicable provisions of State or Federal laws, or local ordinances.
13.20.170 Administrative penalties.
Whenever the City Manager (or his/her duly authorized agents and representatives) finds that any person has violated any notice of violation requiring compliance with any provision of this chapter, or has violated any provision of this chapter, he/she may assess an administrative penalty in a sum not to exceed one thousand dollars ($1,000.00) per violation and ten thousand dollars ($10,000) per day, excluding inspection costs, or cleanup or abatement costs. The remedy provided in this section shall be pursuant to administrative procedures and is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances.
13.20.180 Costs of enforcement.
In any civil, criminal, or administrative appeal, hearing, or action commenced by the City under this chapter, the City shall be entitled to recover from the defendant of such action reasonable attorneys’ fees, costs of suit, and any other costs of enforcement, including, but not limited to, inspection costs and cleanup or abatement costs.
Article II. Storm Drain Environmental Compliance Fee
13.20.190 Definitions.
(a) “Commercial, industrial, or miscellaneous premises” means a premises designed, ----
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improved, or used for a commercial or industrial purpose, other than multifamily or single- family residential purpose, and includes, but is not limited to, private schools and churches.
(b) “Multifamily residential premises” means a premises designed, improved, or used as a residence for five or more families, including apartments and condominiums, and that is not designed, improved, or used for a commercial, industrial, or miscellaneous purpose.
(c) “Premises” means a separate lot or parcel of land, improved or unimproved, which is connected to, or benefits from, directly or indirectly, the storm drain system, or any portion thereof, or from which any water runoff is discharged directly or indirectly into the City’s storm drain system.
(d) “Single-family residential premises” means a premises that is designed, improved, or used as a residence for one family only, which includes but is not limited to, individual duplex, triplex, and fourplex residential dwelling units, and that is not designed, improved, or used for a commercial, industrial, multifamily residential, or miscellaneous purpose.
(e) “Storm Drain Environmental Compliance Fee” means a program established by the City to assess the fees necessary to cover the costs of the City’s federally mandated stormwater management program pursuant to the MRP.
13.20.200 Rates – Users within the city.
There is hereby levied and assessed against and upon all premises having storm drain discharges into or through the storm drain system a monthly storm drain environmental compliance fee The City may, by resolution, establish and amend the monthly storm drain charge and define how such charge will be applied to various types of premises within the city. Said resolution shall contain the effective date of any change in the monthly storm drain charge.
13.20.210 Rates – Issuance of bills – Information required.
All bills for storm drain charges shall be issued by the City Department of Finance. Storm drain charge amounts shall be combined with bills or statements for water and sewer service provided by the City. Storm drain charges shall be assessed in all cases where the premises in question is connected to the City’s water system, sewer system, or storm drain system.
The
bills shall state their purpose and the name and last known address of the person responsible for payment, and list separately each charge for water service, sewer service, and storm drain service. None of these charges shall be paid separately from the other. All bills shall be for monthly periods or for such other period as shall be determined by resolution of the City.
Article III. Polystyrene Foam Disposable Service Ware
13.20.220 Definitions.
(a) “Director of Public Works” means the Director of Public Works and his/her duly authorized agents and representatives.
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(b) “Disposable food service ware” means single-use disposable products used in the restaurant and food industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls and hinged or lidded containers (clamshells). “Disposable food service ware” does not include straws, utensils, drink lids or ice chests.
(c) “Food vendor” means any establishment located in the City of Santa Clara that sells or otherwise provides prepared food for consumption on or off its premises, and includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand. A “food vendor” does not include a food service provider that is associated with either a nonprofit organization with Section 501(c)(3) status under the Internal Revenue Code or a public agency sponsored program.
(d) “National food vendor” means a food vendor that is a chain of franchised or corporate owned establishments located in more than one state.
(e) “Polystyrene foam” means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene), injection molding, form molding, and extrusion- blow molding (extruded foam polystyrene). “Polystyrene foam” is commonly made into disposable food service ware products. “Polystyrene foam” does not include clear or solid polystyrene (oriented polystyrene).
(f) “Prepared food” means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. “Prepared food” does not include: (1) any raw, uncooked meat products or fruits or vegetables unless it can be consumed without further preparation; or (2) prepackaged food that is delivered to the food vendor wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food vendor in the same container or packaging.
13.20.230 Polystyrene foam disposable food service ware prohibited. (a) No national food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after September 1, 2014.
(b) No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after January 1, 2015.
13.20.240 Exemptions to the polystyrene foam disposable food service ware prohibition.
(a) A national food vendor or food vendor may seek an exemption from the prohibition under SCCC 13.20.230 due to a “unique packaging hardship” under subsection (b) of this section or a “financial hardship” under subsection (c) of this section.
(b) The national food vendor or food vendor must demonstrate that no reasonably feasible alternative exists to a specific and necessary polystyrene foam disposable food service ware to qualify for a “unique packaging hardship” exemption.
(c) The national food vendor or food vendor must demonstrate both the following to qualify Ordinance/Storm Drain Code Update
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for a “financial hardship” exemption: (1) a gross income under three hundred thousand dollars ($300,000.00) on its annual income tax filing for the most recent tax year, and (2) with respect to each specific and necessary polystyrene foam disposable food service ware, that there is no feasible alternative that would cost the same or less than the polystyrene foam disposable food service ware.
(d) The national food vendor or food vendor may submit a written application for an exemption on a form provided by the Public Works Department. The Director of Public Works or designee may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A request for exemption shall be with or without condition, for a period of twelve (12) months. The national food vendor or food vendor must apply for a new exemption period no later than sixty (60) days prior to the expiration of the then current exemption period to preserve a continuous exemption status. Each application shall be reviewed anew and will be based on the most current information available. The determination of the Director or designe e shall be final and is not subject to appeal.
Article IV. Single-Use Carry-Out Plastic Bags
13.20.250 Definitions.
(a) “Customer” means any person obtaining goods from a retail establishment.
(b) “Nonprofit charitable organization” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986.
(c) “Person” means any natural person, firm, corporation, partnership or other organization or group however organized.
(d) “Prepared food” means food or beverage which is prepared on the premises by cooking, chopping, slicing, mixing, freezing or squeezing, and which requires no further preparation to be consumed. “Prepared food” does not include any produce, bulk food or meat department within a retail establishment.
(e) “Public eating establishment” means a:
(1) Restaurant, take-out food establishment or any other business that receives ninety percent (90%) or more of its revenue from the sale of prepared food to be eaten on or off its premises; or
(2) Department, unit or section located within and operated by a retail establishment that generates ninety percent (90%) or more of its revenue from the sale of prepared food to be eaten on or off its premises, and the department, unit or section does not engage in the sale of perishable or nonperishable goods from another department, unit or section within the same retail establishment.
(f) “Recycled paper bag” means a paper bag provided at the check stand, cash register, Ordinance/Storm Drain Code Update
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point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the word “Recyclable,” the name and location of the manufacturer, and the percentage of post -consumer recycled content.
(g) “Retail establishment” means any commercial establishment that sells peris hable or nonperishable goods including, but not limited to, clothing, food and personal items directly to the customer; and is located within or doing business within the geographical limits of the city of Santa Clara. “Retail establishment” does not include public eating places, nonprofit charitable organizations, or farmer’s markets.
(h) “Reusable bag” means either a bag made of cloth or machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and i s specifically designed and manufactured for multiple reuse.
(i) “Single-use carry-out bag” means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. “Single-use carry-out bags” do not include bags without handles provided to the customer: (1) to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag; (4) to protect clothing or garments after cleaning; or (5) to place personal items for the purpose of security requirements.
13.20.260 Single-use carry-out bags prohibited.
(a) No retail establishment shall provide a single-use carry-out bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment effective December 1, 2014.
(b) On or before December 1, 2014, a retail establishment may make available for sale to a customer a recycled paper bag or a reusable bag for a minimum charge of ten cents ($0.10).
(c) Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag unless the amount of the sale of the recycled paper bag is separately itemized on the sale receipt.
(d) A retail establishment may provide a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275
) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Ordinance/Storm Drain Code Update
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Welfare and Institutions Code; with one or more recycled paper bags at no cost.
13.20.270 Administrative fine.
(a) A fine may be imposed upon findings made by the City Manager, his or her designee, or a code enforcement officer that any retail establishment has provided a single-use carry-out bag to a customer in violation of this chapter.
(b) Upon findings made under subsection (a) of this section, the retail establishment shall be subject to an administrative fine as follows:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation;
(3) A fine not exceeding five hundred dollars ($500.00) for a third and subsequent violations;
(4) Each instance that a retail establishment has provided single-use carry-out bags to a customer constitutes a separate violation.
SECTION 2: Ordinances Repealed. With exception of the provisions protected by the
savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect
any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final
adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, California.” Ordinance/Storm Drain Code Update
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PASSED FOR THE PURPOSE OF PUBLICATION this XX day of XXXXXX, 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:
None
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-838 Agenda Date: 9/24/2024
REPORT TO COUNCIL
SUBJECT
Action to Adopt Ordinance No. 2071 Amending Chapter 2.140 (“Disaster Council”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California”
BACKGROUND
At the August 27, 2024 Council meeting, proposed Ordinance No. 2071 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2071 was published to the Santa Clara Weekly on September 18, 2024, and copies were posted in three public places.
DISCUSSION
The City’s Disaster Council ordinance (which defines emergencies, emergency organization and plans, and identifies Disaster Council membership, powers, and duties, as well as the legal framework for the City’s operations during a disaster or emergency) has not been updated since 1971. The proposed ordinance includes revisions to remove language that is reflective of civil defense era processes and procedures, to update language, processes, and procedures, as well as policies to reflect common, modern best practices, current statewide and national mandates, laws and systems, and to establish the Office of Emergency Management. In addition, the proposed ordinance formally recognizes the City’s membership in the legally formalized Santa Clara County Operational Area, in accordance with the California Governor’s Office of Emergency Services Standardized Emergency Management System.
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
The changes being proposed in the ordinance provide potential reduced financial liabilities by addressing updated Disaster Service Worker (DSW) and volunteer guidance and mandates, and reducing Worker’s Compensation vulnerabilities as well as ensuring eligibility for mandated financial disaster compensation, as outlined in the Stafford Act.
COORDINATION
This ordinance has been reviewed by the City Attorney’s Office, City Manager’s Office, Finance Department and the Office of Emergency Services.
PUBLIC CONTACT
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24-838 Agenda Date: 9/24/2024
A summary of proposed Ordinance No. 2071 was published to the Santa Clara Weekly on September 18, 2024, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected]
or at the public information desk at any City of Santa
Clara public library.
RECOMMENDATION
Waive Second Reading and Approve Adoption of Ordinance No. 2071 Amending Chapter 2.140 (“Disaster Council”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California”
Reviewed by: Glen R. Googins, City Attorney
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2071 (Intro)
2. Report to Council 24-648
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Ordinance/Emergency Management and Disaster Council Page 1 of 16 Rev: 09/2019
ORDINANCE NO. 2071
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING CHAP TER 2.140 (“DISASTER
COUNCIL”) OF “THE CODE OF THE CITY OF SANTA
CLARA, CALIFORNIA”
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, on April 13, 1971, the City Council approved Ordinance No. 1241 amending Sections 2-90, 2-98, 2-22 and Chapter 9 (“Disasters”) of “The Code of the City of Santa Clara, California” (SCCC), to define emergencies, emergency organization and plans, and identify Disaster Council membership, powers, and duties, as well as a legal framework which established how the City would operate during a disaster or emergency; WHEREAS, since 1971, no updates to the City’s Disaster Council Ordinance have been made, despite the occurrence of several major statewide and national catastrophic disasters that have precipitated the creation of several statewide and national laws, systems, frameworks, funding mechanisms and best practices for the incident management enterprise;
WHEREAS, since 1971, eme rgency mana gement has emerged as a discipline with developed academic foundations for guiding principles and best practices; and WHEREAS, in order to update the procedures applicable to emergency management in the City of Santa Cla ra to reflect modern best practices as well as statewide and national mandates, the City Council deems it to be in the best interests of the City to a mend Chapter 2.140 (currently entitled “Disaster Council”) as set forth below. //
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Ordinance/Emergency Management and Disaster Council Page 2 of 16 Rev: 09/2019
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That Chapter 2.140 (currently entitled “Disaster Council”) of Title 2 (entitled “Administration and Personnel ”) of “The Code of the City of Santa Clara, California” (“SCCC”) is amended to read as follows:
“Chapter 2.140
EMERGENCY MANAGEMENT AND DISASTER COUNCIL
Sections:
2.140.010 Purposes.
2.140.020 Definitions.
2.140.030 Emergency organization.
2.140.040 Disaster Council membership.
2.140.050 Disaster Council powers and duties.
2.140.060 Office of Director of Emergency Services.
2.140.070 Powers and duties of the Director of Emergency Services.
2.140.080 Local emergency; termination.
2.140.090 Activation of the City EOC.
2.140.100 Authority for emergency orders and regulations.
2.140.110 Suspension of ordinances, rules, and regulations.
2.140.120 Operational Area membership.
2.140.130 Standardized Emergency Management System (SEMS).
2.140.140 Office of Emergency Management created - officers and staff.
2.140.150 Powers and duties of the Emergency Management Officer.
2.140.160 Emergency Operations Plan.
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2.140.170 Mutual aid.
2.140.180 Expenditures.
2.140.190 Compensation of volunteers – Official immunity.
2.140.200 Punishment of violations.
2.140.010 Purposes.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons , property, and the environment within this city in the event of an emergency; the establishment, coordination, and direction of the emergency organization; the establishment, coordination, and direction of the O ffice of Emer gency Management; and the coordination of the emergency functions of this City with all other public agencies, corporations, organizations, and affected private persons.
2.140.020 Definitions.
As used in this chapter, the following terms shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:
(a) Emergency, including a state of war em ergency, state of emergency, and local emergency, shall have the meanings set forth in Government Code Section 8558, as that section may be amended or renumbered.
(b) Emergency Operations Center ("EOC") means a location from which the function of centralized emergency management is performed. //
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(c) Emergency Response Agency means any gov ernmental agency or organization responding to an emergency, whether in the field, at the scene of an incident, or to an EOC or other operations center, in response to an emergency, or providing mutual aid support to such an organization, and may include, but is not limited to, emergency response services such as Fire, Law Enforcement, Emergency Medical, and Public Health. (d) Emergency Response Personnel means personnel involved with an agency's response to an emergency and/or responsible for mitigation activities. (e) Emergency Services means all activities carried out pursuant to the California Emergency Services Act, Gov. Code § 8550 et seq, as those sections may be amended or renumbered.
(f) Incident means an occurrence or event, caused either by humans or by natural phenomena, that requires action by Emergency Response Personnel to prevent or minimize loss of life or damage to property and/or natural resources. (g) Operational Area means the County and all local governmental entities within the County's geographical area. Under Government Code Sections 8559 and 8605 (as those sections may be amended or renumbered), each county geographic area has been designated as an operational area to be used for the coordination of emergency activities and to serve as a link in the syst em of com munications and coordination between the State's EOCs and the EOCs of the local governmental entities comprising the operational area. This definition does not change the definition of Operational Area as used in the existing fire and rescue mutual aid system.
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2.140.030 Emergency organization.
All employees of the City of Santa Clara are designated as disaster service workers under Government Code Sections 3100 et seq., as that section may be amended or renumbered.
All officers and employees of the City, together with those volunteer forces registered to aid them during a duly proclaimed emergency; and all groups, organizations, and persons who may by agreement or by operation of law, including persons impressed into service under the provisions of Government Code Section 8585.5 (as that section may be amended or renumbered), be charged with duties incident to the protection of life, property, or environment in the City during such emergency, shall constitute the C ity Emergency Organization.
The City Emergency Organization also includes the American Red Cross, members of the Collaborating Agencies' Disaster Relief Effort (CADRE), Civil Air Patrol, and such other organizations and groups as may offer and have their services accepted prior to, during, or after an emergency.
2.140.040 Disaster Council membership.
The Santa Clara Disaster Council is hereby created and shall consist of the following:
(a) The Director of Emergency Services (City Manager) who shall be chairman.
(b) The Mayor, or his/her designee, who shall be vice-chairman.
(c) The members of the City Council, the City Attorney, City Clerk, and the City Manager’s Emergency Management Officer.
(d) The Deputy Director, appointed by the City Manager, who, in the absence of, or at the direction of the Director, shall act on his/her behalf. //
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(e) Certain service chiefs or department heads as selected by the Director of Emergency Services.
2.140.050 Disaster Council powers and duties.
The Disaster Council shall have the following duties, powers, and responsibilities, and such other as they may be entrusted with by the City Council, as necessary:
(a) Meet at the discretion of the Chair, but no less than annually. (b) Advise on and recommend for adoption emergency plans and mutual aid agreements based on the St andardized Emergency Management System (SEMS) as defined in the California Code of Regulations, Title 19, Division 2, Sections 2400 – 2450 (as those sections may be amended or renumbered).
(c) P rovide guidance to develop disaster exercises, assist with threat assessments, review emergency plans and as necessary their hazard or function-specific annexes, identify local resources and facilitate multi -agency/inter-agency coordination within its membership and other local governments and special districts. (d) P rovides oversight and support for engaging community members in homeland security, emergency planning and response, and promoting community preparedness and family safety through public education and outreach. (e) P rovide oversight responsibility for the California S tate Disaster Service Worker (DSW) and Disaster Service Worker Volunteer Program (DSWVP), inclusive of the delegation of authority to designated City officials for the swearing in of new Disaster Service Workers and Disaster Service Worker Volunteers. //
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(f) T he Disaster Council may exercise such powers and duties as are necessary to substantially comply with the rules and regulations established by the California Office of Emergency Services for the purpose of being certified by that Office pursuant to Government Code Section 8612, as that section may be amended or renumbered.
2.140.060 Office of Director of Emergency Services.
There is hereby created the Office of Director of Emergency Services. (a) The City Manager shall be the Director of Emergency Services.
(b) A Deputy Director of Emergency Services shall be appointed by the Director and shall act for the Director when the Director is incapacitated or otherwise unable to carry out his/her duties. The Deputy Director of Emergency Services shall be appointed from an incumbent in the City service.
2.140.070 Powers and duties of the Director of Emergency Services.
The Director of Emergency Services, or his/her successor, is hereby empowered to:
(a) Proclaim the existence or threatened existence of a "local emergency" which shall be ratified and renewed by the City Council in accordance with Govt. Code § 8630, as that section may be amended or renumbered.
(b) Request the Governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (c) Control and direct the effort of the emergency organization of this City for the accomplishment of the purposes of this chapter.
(d) Direct cooperation between and coordination of services and staff of the emergency organization of this City; and resolve questions of authority and responsibility that may arise between them.
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(e) Represent this City in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.
(f) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency," the Director is hereby empowered to:
(1) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; (2) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; (3) R equire emergency services of any City officer or employee and, in the event of the declaration of a "state of emergency" in the County in which this City is located or the existence of a "state of war emergency," to command the aid of as many citizens of this community as he deems necessary in the execution of his/her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered disaster service workers;
(4) R equisition necessary personnel or material of any City department or agency; and
(5) E xecute all his/her ordinary powers as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all power conferred upon him by any statute, by an agreement approved by the City Council, and by any other lawful authority.
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(6) T his subsectio n shall be construed to grant the broadest powers permissible to the Director to effectively deal with a proclaimed emergency.
2.140.080 Local emergency; termination.
The City Council shall review the need to continue a local emergency, either proclaimed by the Council or ratified by the Council following proclamation by the Director of Emergency Services, at the interval set forth in Government Code Section 8630, as that section may be amended or renumbered, and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant.
2.140.090 Activation of the City EOC.
The following personnel are authorized to activate the City EOC: the City Manager (Emergency Services Director), Deputy Director of Emergency Services, Chief Operating Officer, th e City Emergency Management Officer, or any individual designated on a temporary basis by the Emergency Services Director to have such power.
2.140.100 Authority for emergency orders and regulations.
The City Council, to provide prompt response to emergency situations following the proclamation of a local emergency as authorized in this Division, or the proclamation of a state of emergency or existence of a state of war emergency, specifically delegates to the Director of Emergency Services the authority to promulgate orders and regulations to provide for the protection of life, property, and the environm ent, where necessary to preserve the public order and safety. To have legal effect, all such orders and regulations must be in writing and signed by the promulgating official, and must be ratified at the next regular meeting of the City Council.
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2.140.110 Suspension of ordinances, rules, and regulations.
Following the proclamation of a local emergency as authorized in this Division, the Director of Emergency Services may temporarily suspend enforcement of any City ordinance, rule, regulation, or policy, including those relating to the procurement of goods or services and any associated competitive bidding requirements and/or administrative processes, if he or she determines and declares that strict compliance with that ordinance, rule, regulation, or policy would prevent, hinder, or delay the response to the local emergency. All such actions shall be in writing and signed by the promulgating official, and must be ratified at the next regular meeting of the City Council.
2.140.120 Operational Area membership.
The City of Santa Clara is a member municipality in the Santa Clara County Operational Area in accordance with County Ordinance Section A8-5 and in accordance with Government Code Sections 8559 and 8605 (as those sections may be amended or renumbered), and in accordance with the California Standardized Emergency Management System (SEMS).
2.140.130 Standardized Emergency Management System (SEMS).
SEMS is the adopted emergency managem ent system in the City. SEMS utilizes the Incident Command System (ICS), multi/interagency coordination, mutual aid, and the Operational Area concept to facilitate priority setting, interagency cooperation, and the efficient flow of resources and information during an emergency. The City Emergency Organization shall structure its response to any emergency using SEMS and shall include the use of SEMS in all emergency plans and procedures.
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2.140.140 Office of Emergency Management created - officers and staff.
There is created within the Office of the City Manager the City of Santa Ciara Office of Emergency Management (OEM). The City Emergency Management Officer (who may also be referred to as the Emergency Services Officer) shall lead the City OEM.
2.140.150 Powers and duties of the Emergency Management Officer.
The Emergency Management Officer shall:
(a) Coordinate emergency management activities in pre- emergency planning, during an emergency, and in post-emergency activities as the chief staff officer of the Director of Emergency Services in the Office of Emergency Management. (b) Represent the City in dealings with public and private agencies pertaining to emergency planning.
(c) Organize, develop, and coordinate the City's participation in Operational Area emergency programs, working with City departments, governmental entities, supporting agencies, and volunteer groups.
(d) Prepare and maintain the basic emergency plans for the City and submit such plans to the Director of Emergency Services.
(e) Attend, participate in, and if nominated to or requested to serve on the EOAC. (f) Exercise the City EOC in whole or part, at least annually. (g) Perform other duties as may be assigned by the Director of Emergenc y Services.
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2.140.160 Emergency Operations Plan.
The City Office of Emergency Management shall be responsible for the development of the City Emergency Operations Plan (EOP), which shall provide for the use of SEMS and the effective mobilization of all of the resources of this City, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organi zation, powers and duties, services and staff o f the City Emergency Organization. Such plan shall take effect upon adoption by the City Council.
The Office of Emergency Management shall be responsible for the development of all identified hazard and risk annexes in support of the EOP with the appropriate City agencies and governmental partners.
It shall be the responsibility of all EOC section chiefs and altern ates to have a thorough knowledge of the EOP and to ensure that their respective supporting services and key personnel are properly trained and organized to meet all of their responsibilities in the event of an emergency.
2.140.170 Mutual aid.
It is the purpose of the City Council in enacting this chapter to facilitate the rendering of mutual aid to and for the people of this City. Emergency plans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the County operational area.
2.140.180 Expenditures.
Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Santa Clara.
Ordinance/Emergency Management and Disaster Council Page 13 of 16 Rev: 09/2019
2.140.090 Compensation of volunteers – Official immunity.
All persons, other than officers and employees of the City, volunteering services in the City Emergency Organization pursuant to the provisions of this chapter and pursuant to the California Governor’s Office of Em ergency Services Disaster Service Worker Volunteer Program guidance, shall serve without compensation from the City. While engaged in such services, they shall have the same i mmunity as officers and employees of t he City performing similar duties. Approved DSW volunteers shall be registered with the appropriate C ity agency in order to be eligible for worker's compensation benefits, as provided in Labor Code Section 3201 et seq., and Government Code Section 8585.5, as those sections may be amended or renumbered.
All DSW volunteers shall be administered the oath or affirmation set forth in Government Code Sections 3102 and 3103, as those sections may be amended or renumbered. The City Manager (Emergency Services Director) shall maintain a list of officers authorized by Government Code Section 3104 to administer oaths.
2.140.200 Punishment of violations.
Beginning on the date when an emergency is proc laimed by the Director of Emergency Services and ending when such declaration of emergency is terminat ed, it shall be a violation of this Code – punishable in the City's prosecutorial discretion as a criminal, civil, and/or administrative action – for any person, contractor, business, or other entity to:
(a) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Chapter or in the performance of any duty imposed upon him or her by virtue of this Chapter. //
Ordinance/Emergency Management and Disaster Council Page 14 of 16 Rev: 09/2019
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Chapter, if that act gives or is likely to give assistance to the enemy (during a state of war emergency), or to imperil the lives, property, or environment of inhabitants of the City, or to prevent, hinder, or delay the defense or protection thereof. (c) Wear, carry, or display, without authority, any means of identification specified by any emergency services agency of the State of California, or any political subdivision thereof.
(d) Sell, or offer to sell, any consumer food items, repair or reconstruction services, emergency supplies, medical supplies, or gasoline for an amount which is ten or more percent greater than the price charged by that person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency unless said person, business, contractor or other entity can prove that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service. For purposes of this subsection, the following definitions shall apply:
(1) A “consumer food item” is any article which is used or intended for use for food, drink, confection, or condiment by humans or animals. (2) “ Repair or reconstruction services” are those contractor services for repairs to residential and commercial property of any type which are damaged as a result of the disaster. This includes the removal of debris (including a damaged tree) and garbage. (3) “ Emergency supplies ” shall include but are not limited to water, flashlights, radios, batteries, candles, blankets, soaps, and diapers. //
Ordinance/Emergency Management and Disaster Council Page 15 of 16 Rev: 09/2019
(4) “ Medical supplies” shall include but are not limited to prescription and nonprescription drugs, bandages, gauzes, and isopropyl alcohol. (e) Violate any curfew established by any lawful rule, regulation, order, or direction issued pursuant to this Chapter.
( f) Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag or placard posted by a member of the emergency organization on a building or structure damaged by a disaster.
(g) Post any sign, tag, or placard not authorized by the emergency organization on a building or structure damaged by a disaster.”
SECTION 2: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
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SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California." PASSED FOR THE PURPOSE OF PUBLICATION this 27rH day of August, 2024, by the following vote:
AYES: COUNCILORS: Becker, Chahal, Hardy, Jain, Park and Watanabe, and Mayor Gillmor
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: C,OUNCILORS:
None
None
None
ATTEST:
Attachments incorporated by reference: None
Ordinance/Emergency Management and Disaster Council
Rev: 09/2019
NORA PIMEN L, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-648 Agenda Date: 8/27/2024
REPORT TO COUNCIL
SUBJECT
Action to Approve Introduction of Ordinance Amending Chapter 2.140 (“Disaster Council”) of the City Code
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
On April 13, 1971, the City Council approved Ordinance No. 1241 amending Sections 2-90, 2-98, 2- 22 and Chapter 9 (“Disasters”) of “The Code of the City of Santa Clara, California” (SCCC), to define emergencies, emergency organization and plans, and identify Disaster Council membership, powers, and duties, as well as a legal framework which established how the City would operate during a disaster or emergency.
Prior to 1971, there had been several updates and revisions to the Disaster Council Ordinance on a multiyear interval. Since 1971, no updates to the City’s Disaster Council Ordinance have been made.
However, since 1971, there have been several major statewide and national catastrophic disasters which have precipitated the creation of several statewide and national laws, systems, frameworks, funding mechanisms and best practices for the incident management enterprise. There have also been a number of largescale and high visibility disasters and events at the regional and local level.
Additionally, the emergence of the emergency management discipline and career field with its certifications, qualifications, credentials, and guiding principles, best practices and academic foundations has continued to mature. As a result, an update and revision to the City’s Disaster Council Ordinance has been evidenced as much needed.
DISCUSSION
The proposed ordinance includes revisions to remove language that is unnecessarily reflective of civil defense era processes and procedures, to update language, processes, and procedures, as well as policies to reflect common, modern best practices, current statewide and national mandates, laws and systems, and to establish the Office of Emergency Management. In addition, the proposed ordinance formally recognizes the City’s membership in the legally formalized Santa Clara County Operational Area, in accordance with the California Governor’s Office of Emergency Services Standardized Emergency Management System. Therefore, the proposed revisions update the title of the ordinance to the “Disaster Council and Emergency Management Ordinance,” in line with common, modern best practices.
The updated ordinance also reduces existing liabilities to the City and ensures appropriate powers, authorities and indemnifications are granted to the Disaster Council and the Emergency Services Director during times of disaster or emergency, in line with common, modern best practices.
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24-648 Agenda Date: 8/27/2024
Proposed modifications to the City’s 1971 ordinance, many of which are designed to align with the State of California’s Model Emergency Ordinance, include the following:
· Formalization of the Office of Emergency Management, including staff and powers and duties of the office
· Modify the membership of the Disaster Council such that the Director of Emergency Services is the Chair, the Mayor is the Vice-Chair. And the Director has the ability to add department directors to the Disaster Council, if needed
· Reference to the Standardized Emergency Management System (SEMS) requirements under state law
· Reference to the Operational Area membership
· Additional express requirements for Disaster Service Workers · Increase the scope of punishable violations
There are no known disadvantages to adopting the ordinance.
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
The changes being proposed in the ordinance provide potential reduced financial liabilities by addressing updated Disaster Service Worker (DSW) and volunteer guidance and mandates, and reducing Worker’s Compensation vulnerabilities as well as ensuring eligibility for mandated financial disaster compensation, as outlined in the Stafford Act.
COORDINATION
This ordinance has been reviewed by the City Attorney’s Office, City Manager’s Office, Finance Department and the Office of Emergency Services.
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. Waive First Reading and Approve Introduction of an Ordinance Amending Chapter 2.140 (“Disaster Council”) of Title 2 (“Administration and Personnel”) of “The Code of the City of Santa Clara, California”
Reviewed by: David Flamm, Emergency Services Officer
Approved by: Jovan D. Grogan, City Manager
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24-648 Agenda Date: 8/27/2024
ATTACHMENTS
1. Ordinance 1241, April 13, 1971
2. Proposed Amended Ordinance
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-829 Agenda Date: 9/24/2024
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Report on the Audited Santa Clara Stadium Authority Fiscal Year 2023/24 Annual Financial Statements
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
The Santa Clara Stadium Authority (Stadium Authority), the Stadium Funding Trust, and Goldman Sachs Bank USA entered into a Credit Agreement on June 19, 2013. Section 5.1(a) of the Credit Agreement requires that the Stadium Authority Annual Financial Statements be audited by independent certified public accountants within 180 days after the end of each fiscal year. On June 25, 2021, the Stadium Authority entered into a professional services agreement with KPMG, LLP (KPMG) to perform the annual financial audit of the Stadium Authority’s Fiscal Year 2023/24 Annual Financial Statements.
The Annual Financial Statements include: (1) the Independent Auditors’ Report which describes the auditors’ responsibility and their opinion of the Financial Statements, (2) Management’s Discussion and Analysis which provides an overall review of the Stadium Authority’s financial activities, (3) the Basic Financial Statements, and (4) the Notes to the Financial Statements which have additional information pertaining to the Stadium Authority’s operations and financial position.
The role of the Audit Committee is to provide oversight of the Stadium Authority’s financial reporting processes, internal controls and independent auditors. The Audit Committee met with Stadium Authority and KPMG staff on September 3, 2024 and September 17, 2024 to review the draft Stadium Authority Fiscal Year 2023/24 Annual Financial Statements. At the September 3, 2024 meeting, Stadium Authority staff provided an overview of the Financial Statements and KPMG discussed the audit process and the audit results. Several comments were made by the Audit Committee including: 1) Operating Expenses included the outcome of the public safety cost settlement, 2) Corrected audit misstatement related to the implementation of GASB 87, Leases, 3) Distinction between the financial statement audit and the Harvey Rose audit and, 4) Review and audit of contracts and agreements entered into by Forty Niners Stadium Management Company, LLC (ManCo). At the September 17, 2024 meeting, the Audit Committee voted to accept the Financial Statements and recommended that the Stadium Authority Board note and file the report at the September 24, 2024 Joint Council and Authorities Concurrent and Stadium Authority Meeting. A finalized clean audit letter from KPMG is included in the financial statements attached to this report.
The Financial Statements being discussed with this report cover the Stadium Authority’s 2023/24 fiscal year, which spans from April 1, 2023 to March 31, 2024.
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DISCUSSION
At the September 3, 2024 Audit Committee meeting, KPMG provided a summary of the methodology used to review and validate the financial statements. On September 17, 2024, KPMG completed a draft of the financial audit of the Stadium Authority which resulted in the issuance of the Stadium Authority Fiscal Year 2023/24 Annual Financial Statements (Attachment 1), Internal Controls and Compliance Letter (Attachment 2) as required per the Stadium Authority debt covenants, and Independent Auditors’ Report (Attachment 3). KPMG expressed an unmodified (i.e., “clean”) opinion on the Financial Statements. An unmodified opinion is when the auditor concludes that the financial condition, position, and operations are fairly presented, and the financial statements are free of material misstatements.
Key financial highlights for the fiscal year ended March 31, 2024 are as follows:
· The carrying value of Levi’s Stadium at March 31, 2024, net of depreciation, is $670,543,336. · During the fiscal year, there were twelve National Football League (NFL) games, seven ticketed non-NFL events, and fifty-three smaller special events held at Levi’s Stadium. · The Stadium Authority recognized $81,107,805 in operating revenue and $79,659,943 in operating expenses.
· Revenues from the non-NFL events were $24,935,722 and the related expenses were $16,669,037 resulting in net non-NFL event profit of $8,266,685. · Debt service payments during the fiscal year totaled $28,683,618. Overall remaining outstanding debt was reduced by $16,606,911.
· The City of Santa Clara (City) received $495,000 for stadium ground rent and $250,000 in senior and youth fees.
Subsequent to the September 17, 2024 meeting, KPMG issued a final report on September 18, 2024 with no material changes to the draft report.
ENVIRONMENTAL REVIEW
This agenda not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15060(c)(1) as the it does not involve the exercise of discretionary powers by a public agency;
FISCAL IMPACT
Costs associated with the preparation of this report are included in the Stadium Authority Operating Budget.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] < mailto:[email protected]> or at the
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24-829 Agenda Date: 9/24/2024
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and file the Santa Clara Stadium Authority Fiscal Year 2023/24 Annual Financial Statements.
Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. FY 2023/24 Santa Clara Stadium Authority Financial Statements
2. Internal Controls and Compliance Letter
3. Independent Auditors’ Report (Debt Compliance Letter) City of Santa Clara Printed on 9/20/2024Page 3 of 3
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SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Financial Statements
March 31, 2024 and 2023
(With Independent Auditors’ Report Thereon)
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SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Table of Contents
Page
Independent Auditors’ Report 1
Management’s Discussion and Analysis (Unaudited) 3
Basic Financial Statements:
Statements of Net Position 8
Statements of Revenues, Expenses, and Changes in Net Position 9 Statements of Cash Flows 10
Notes to Financial Statements 11
Independent Auditors’ Report
The Board of Directors
Santa Clara Stadium Authority:
Report on the Audit of the Financial Statements
Opinion
We have audited the financial statements of the Santa Clara Stadium Authority (the Stadium Authority), a component unit of the City of Santa Clara, as of and for the years ended March 31, 2024 and 2023, and the related notes to the financial statements, which collectively comprise the Stadium Authority’s basic financial statements for the years then ended as listed in the table of contents.
In our opinion, the accompanying financial statements referred to above present fairly, in all material respects, the financial position of the Stadium Authority as of March 31, 2024 and 2023, and the changes in its financial position and its cash flows for the years then ended in accordance with U.S. generally accepted accounting principles.
Basis for Opinion
We conducted our audits in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditors’ Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Stadium Authority and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion.
Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with U.S. generally accepted accounting principles, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Stadium Authority’s ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter.
Auditors’ Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors’ report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a
KPMG LLP
Suite 1400
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San Francisco, CA 94105
KPMG LLP , a Delaware limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. ~
2 substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.
In performing an audit in accordance with GAAS and Government Auditing Standards, we:
Exercise professional judgment and maintain professional skepticism throughout the audit.
Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.
Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Stadium Authority’s internal control. Accordingly, no such opinion is expressed.
Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.
Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Stadium Authority’s ability to continue as a going concern for a reasonable period of time.
We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control related matters that we identified during the audit.
Required Supplementary Information
U.S. generally accepted accounting principles require that the management’s discussion and analysis be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated September 19, 2024 on our consideration of the Stadium Authority’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, and other matters.
The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Stadium Authority’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Stadium Authority’s internal control over financial reporting and compliance.
Sa
September 19, 2024
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n Francisco , California
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Management’s Discussion and Analysis (Unaudited)
March 31, 2024 and 2023
3 (Continued)
The management’s discussion and analysis of the Santa Clara Stadium Authority (Stadium Authority) provides an overall review of the Stadium Authority’s financial activities for the fiscal years ended March 31, 2024 and 2023. The intent of this discussion and analysis is to look at the Stadium Authority’s financial performance as a whole. Readers should review the discussion and analysis in conjunction with the basic financial statements, including the notes to the basic financial statements to enhance their understanding of the Stadium Authority’s financial performance.
The Stadium Authority has elected to provide comparative financial statements to better assist the reader. The Stadium Authority’s fiscal year runs from April 1 through March 31 to conform to the fiscal year of the Stadium Funding Trust (FinanceCo). The Stadium Authority is a component unit of the City of Santa Clara, California (City) whose fiscal year is July 1 through June 30.
The Stadium Authority exists as a public body, separate and distinct from the City. It was established to provide for development and operation of Levi’s Stadium.
Financial Highlights
Key financial highlights for the fiscal year ended March 31, 2024 are as follows:
The carrying value of Levi’s Stadium, net of depreciation, is $670,543,336.
During the fiscal year, there were twelve National Football League (NFL) games, seven ticketed Non-NFL events, and fifty-three smaller special events held at Levi’s Stadium.
The Stadium Authority recognized $81,107,805 in operating revenue and $79,659,943 in operating expenses.
The revenues from the Non-NFL events were $24,935,722 and the related expenses were $16,669,037 resulting in net Non-NFL event profit of $8,266,685.
Debt service payments during the fiscal year totaled $28,683,618. Overall remaining outstanding debt was reduced by $16,606,911.
The assets of the Stadium Authority exceeded its liabilities by $129,654,706 due to income from the operation of Levi’s Stadium.
The City received $495,000 for stadium ground rent. Additionally, the City is required to be fully reimbursed for all of its administration and public safety costs by either the Stadium Authority for Non-NFL events or Forty Niners SC Stadium Company LLC (StadCo) for NFL events.
Overview of the Financial Statements
This annual report consists of a series of financial statements and the notes to those statements. These statements are organized so the reader can understand the Stadium Authority as a financial whole. The basic financial statements provide both a short-term and long-term view of the Stadium Authority’s financial activities and financial position.
The basic financial statements comprise the statements of net position, the statements of revenues, expenses, and changes in net position, the statements of cash flows, and the notes to the financial statements. The statements of net position provide information about the financial position of the Stadium Authority as a whole, including all of its long-term liabilities on the full accrual basis. The statements of revenues, expenses, and •
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SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Management’s Discussion and Analysis (Unaudited)
March 31, 2024 and 2023
4 (Continued)
changes in net position provide information about all revenue and expenses. The statements of cash flows provide information about cash activities for the period.
During the fiscal year ended March 31, 2023, the Stadium Authority implemented Governmental Accounting Standards Board (GASB) Statement No. 87 (GASB 87), Leases, which requires the Stadium Authority to recognize leases receivable and deferred inflows of resources related to lease arrangements where the Stadium Authority is a lessor. Further, the Stadium Authority is required to recognize a lease liability and an intangible right-to-use leased asset for lease arrangements where the Stadium Authority is a lessee.
Financial Analysis of the Stadium Authority as a Whole
The Stadium Authority’s net position at March 31, 2024, March 31, 2023, and March 31, 2022 is as follows:
FY 2024 FY 2023
increase increase
FY 2024 FY 2023 FY 2022 (decrease) (decrease)
Assets:
Capital assets $ 678,569,448 689,075,880 702,507,201 (10,506,432) (13,431,321) Other assets 765,846,369 755,730,577 755,573,350 10,115,792 157,227 Total assets $ 1,444,415,817 1,444,806,457 1,458,080,551 (390,640) (13,274,094) Liabilities:
Current unearned revenue $ 16,900,628 16,374,980 15,076,480 525,648 1,298,500 Other current liabilities 37,184,066 22,962,052 27,177,126 14,222,014 (4,215,074) Long-term unearned revenue 431,418,058 432,484,579 425,271,742 (1,066,521) 7,212,837 Other long-term liabilities 250,689,036 259,136,843 290,000,476 (8,447,807) (30,863,633) Total liabilities $ 736,191,788 730,958,454 757,525,824 5,233,334 (26,567,370) Deferred inflows of resources:
Deferred inflows leases related 578,569,323 595,586,067 612,602,812 (17,016,744) (17,016,745) Total deferred inflows of resources $ 578,569,323 595,586,067 612,602,812 (17,016,744) (17,016,745) Net position:
Net investment in capital assets $ 456,438,951 449,951,997 422,193,509 6,486,954 27,758,488 Restricted for:
Debt service 12,298,802 20,844,381 21,453,314 (8,545,579) (608,933) Capital projects and other agreements 81,938,065 52,822,516 47,055,671 29,115,549 5,766,845 Unrestricted deficit (421,021,112) (405,356,958) (402,750,579) (15,664,154) (2,606,379) Total net position $ 129,654,706 118,261,936 87,951,915 11,392,770 30,310,021 Fiscal Year 2023-24 Analysis
Capital assets decreased when compared to the prior year by $10,506,432 due to annual depreciation, partially offset by equipment and buildings additions. Other assets increased when compared to the prior year by $10,115,792. This was due to increases in cash deposits from excess revenue distributions at year-end and naming rights accounts receivable resulting from a naming rights agreement extension offset by a reduction in lease receivables. Liabilities increased by $5,233,334 compared to the prior year. This is primarily due to the recognition of public safety costs and performance-base rent (notes 7 and 8), partially offset by decreases in long-term debt and unearned Stadium Builder License (SBL) revenue. Total net position for the Stadium Authority, as a whole, increased between March 31, 2023 and March 31, 2024 to $129,654,706. This increase of $11,392,770 is primarily due to a decrease in long-term liabilities and deferred inflows of lease resources.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Management’s Discussion and Analysis (Unaudited)
March 31, 2024 and 2023
5 (Continued)
Fiscal Year 2022-23 Analysis
Capital assets decreased when compared to the prior year by $13,431,321 due to annual depreciation, partially offset by equipment and building additions. Other assets increased when compared to the prior year by $157,227. This was due mainly to the implementation of GASB 87 for leases, offset by increases in accounts receivables for Non-NFL event revenues and cash deposit from excess revenue distributions at year-end.
Liabilities decreased by $26,567,370 compared to the prior year. The decrease was due to principal prepayment of long-term debt and implementation of GASB 87 for leases, partly offset by an increase in unearned SBL revenue due to collection of SBL principal that is amortized over the life of the SBL. Total net position for the Stadium Authority, as a whole, increased between March 31, 2022 and March 31, 2023 to $118,261,936. This increase of $30,310,021 is primarily due to the payoff of the StadCo Subordinated Loan that financed the construction of the Stadium as well as decreases in other long-term liabilities and deferred inflows of lease resources.
The Stadium Authority’s revenues, expenses, and changes in net position for the fiscal years ended March 31, 2024, March 31, 2023, and March 31, 2022 are as follows:
FY 2024 FY 2023
increase increase
FY 2024 FY 2023 FY 2022 (decrease) (decrease)
Operating revenues $ 81,107,805 71,693,423 51,123,882 9,414,382 20,569,541 Operating expenses (79,659,943) (48,086,779) (50,656,419) (31,573,164) 2,569,640 Operating income 1,447,862 23,606,644 467,463 (22,158,782) 23,139,181 Nonoperating revenues 18,819,490 18,775,223 17,108,002 44,267 1,667,221 Nonoperating expenses (12,342,207) (14,198,663) (14,949,670) 1,856,456 751,007 Income before contributions
and other revenues 7,925,145 28,183,204 2,625,795 (20,258,059) 25,557,409 Contributions and other revenues 3,467,625 2,126,817 1,085,574 1,340,808 1,041,243 Increase in net position 11,392,770 30,310,021 3,711,369 (18,917,251) 26,598,652 Total net position – beginning of fiscal
period 118,261,936 87,951,915 84,240,546 30,310,021 3,711,369 Total net position – end of fiscal period $ 129,654,706 118,261,936 87,951,915 11,392,770 30,310,021 Fiscal Year 2023-24 Analysis
Stadium Authority operating revenues increased by $9,414,382 when compared with the prior year. This was mainly due to increases in revenue from ticketed Non-NFL events, rents and licenses and NFL ticket surcharge. The operating expenses increased by $31,573,164 compared to the prior year. This increase is primarily due to the 2024 Settlement Agreement (note 8), which resulted in an increase in buffet costs, performance-based rent and public safety costs. Non-NFL event expenses also increased due to larger ticketed Non-NFL events.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Management’s Discussion and Analysis (Unaudited)
March 31, 2024 and 2023
6 (Continued)
Nonoperating revenues increased by $44,267 mainly due to an increase in interest revenue offset by a decrease in miscellaneous other revenue. Nonoperating expenses decreased by $1,856,456 due to a decrease in interest expense resulting from lower debt balances.
Contributions and other revenues were $3,467,625, an increase of $1,340,808 over the prior fiscal year. These represent special hotel tax revenues collected to pay the CFD Advance Loan.
Fiscal Year 2022-23 Analysis
Stadium Authority operating revenues increased by $20,569,541 when compared with the prior year. This was mainly due to the implementation of GASB 87 and increases in rents and licenses, and charges for services from NFL Games, ticketed Non-NFL events and smaller special events being held. The operating expenses decreased by $2,569,640 compared to the prior year. This decrease is primarily due to higher Stadium Manager expenses and Non-NFL events expenses offsets by zero settlement expense true-up. The Stadium Authority recognized additional expenses for the unpaid shared stadium expenses and other expenses in fiscal year 2021-22 as part of a previous August 31, 2022 settlement agreement.
Nonoperating revenues increased by $1,667,221 mainly due to the implementation of GASB 87. Nonoperating expenses decreased by $751,007 mainly due to a decrease in interest expense.
Contributions and other revenues were $2,126,817, an increase of $1,041,243 over the prior fiscal year. These represent special hotel tax revenues collected to pay the CFD Advance Loan.
Capital Assets
The capital assets of the Stadium Authority are those which are used in the performance of the Stadium Authority’s functions, including but not limited to infrastructure-related assets. These assets do not include StadCo’s tenant improvements. At March 31, 2024, capital assets totaled $678,569,448.
Further detail may be found in note 4 to the financial statements.
Debt Administration
At March 31, 2024, the Stadium Authority had total debt outstanding of $228,667,826, as shown in detail in note 5 to the financial statements. Stadium Authority’s debt comprised Stadium Funding Trust Term A loan of $199,956,240 and the CFD Advance Loan of $28,711,586.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Management’s Discussion and Analysis (Unaudited)
March 31, 2024 and 2023
7 Economic and Financial Overview
Over the last few years, the local economy continued to improve during the recovery from COVID-19.
Unemployment rates are near prepandemic rates and there continues to be commercial and residential development, including several projects in the vicinity of Levi’s Stadium. Large ticketed and small-scale Non-NFL events have recovered and are producing higher net revenues than prepandemic levels. The past few years have also seen increases in hotel nights resulting in increases to Community Facilities District (CFD) taxes that flow to the Stadium Authority to pay down debt. Major financial factors impacting the Stadium Authority are:
In May 2013, a Naming Rights Agreement with Levi Strauss & Co. (Levi’s) was approved naming the Stadium “Levi’s Stadium” for a term of 20 years. In January 2024, the First Amendment to Naming Rights Agreement with Levi’s was approved extending the initial term an additional 10 years. The naming rights agreement and its first amendment calls for Levi’s to pay a total of $273.1 million to the Stadium Authority over the 30-year period. The agreement requires the Stadium Authority to hold at least 36 “Major Events” (with 25,000+ attendees) every three contract years. The Second Amendment to the Stadium Management Agreement states that Forty Niners Stadium Management Company, LLC (ManagementCo) would pay the Stadium Authority as liquidated damages the amount owed by the Stadium Authority to Levi’s in the event the required number of events is not met. As of March 31, 2024, the Stadium Authority has received $69.7 million in naming rights revenue.
Stadium Builders Licenses (SBLs) entitle the license holder to priority rights to buy tickets for events at Levi’s Stadium. The total value of the currently active SBL holders’ licenses is $555 million. Through March 31, 2024, $558.1 million in SBL principal payments have been collected since inception. This is due in part to a number of SBL holders paying off or prepaying a large portion of their SBL, and defaulted SBLs being resold at full price. In addition to SBL collections, the Stadium Authority has collected $70.8 million in interest from license holders who financed their SBLs since inception.
The Stadium Authority collected $24.8 million in lease revenue during the NFL season and $8.3 million net revenue associated with hosting Non-NFL events for the fiscal year ended March 31, 2024.
The Stadium Authority collects a 10% surcharge on the price of admission to all regular season NFL games and a $4 per ticket surcharge for all ticketed Non-NFL events. There were ten regular season NFL games held at Levi’s Stadium and two play-off games during fiscal year March 31, 2024, which resulted in $12.7 million in NFL ticket surcharge revenues. The Stadium Authority also recognized $1.6 million in Non-NFL event ticket surcharge revenues from the eight ticketed events held at the Stadium.
Contacting the Stadium Authority’s Financial Management This financial report is designed to provide our residents, taxpayers, investors, and creditors with a general overview of the Stadium Authority’s finances and to demonstrate the Stadium Authority’s accountability for the money it receives. If you have any questions about this report or need additional financial information, contact the City of Santa Clara Finance Department at 1500 Warburton Avenue, Santa Clara, CA 95050-3796. •
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•
•
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Statements of Net Position
March 31, 2024 and 2023
Assets 2024 2023
Current assets:
Cash $ 18,485,558 11,286,692
Restricted cash 78,573,023 54,725,592
Restricted cash with fiscal agent 15,909,843 24,265,375 Accounts receivable 19,453,027 20,094,954
Lease receivable 11,926,763 11,669,804
Total current assets 144,348,214 122,042,417
Capital assets:
Buildings, net 670,543,336 683,106,548
Machinery and equipment, net 3,823,782 3,873,939
Construction in progress 4,202,330 2,095,393
Total capital assets 678,569,448 689,075,880
Right-to-use leased assets 27,136,529 27,934,663
Long-term restricted cash with fiscal agent 11,536,235 11,536,235 Long-term lease receivable 582,290,499 594,217,262
Long-term accounts receivable 534,892 —
Total noncurrent assets 1,300,067,603 1,322,764,040
Total assets $ 1,444,415,817 1,444,806,457
Liabilities
Current liabilities:
Accounts payable and accrued liabilities $ 23,637,965 1,357,581 Interest payable 5,773,075 6,002,575
Due to other City of Santa Clara funds 473,130 142,896 Term A loan payable, current portion 7,299,896 15,459,000 Unearned revenue, current portion 16,900,628 16,374,980 Total current liabilities 54,084,694 39,337,032
Lease liability 29,321,106 29,321,106
Term A loan payable 192,656,344 199,956,240
CFD advance loan payable 28,711,586 29,859,497
Unearned revenue 431,418,058 432,484,579
Total noncurrent liabilities 682,107,094 691,621,422
Total liabilities $ 736,191,788 730,958,454
Deferred Inflows of Resources
Deferred inflows leases related $ 578,569,323 595,586,067 Total deferred inflows of resources $ 578,569,323 595,586,067 Net Position
Net investment in capital assets $ 456,438,951 449,951,997 Restricted for:
Debt service 12,298,802 20,844,381
Capital projects and other agreements 81,938,065 52,822,516 Unrestricted deficit (421,021,112) (405,356,958)
Total net position $ 129,654,706 118,261,936
See accompanying notes to financial statements.
8 SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Statements of Revenues, Expenses, and Changes in Net Position Years ended March 31, 2024 and 2023
2024 2023
Operating revenues:
Charges for services $ 40,611,283 33,161,155
Rents and licensing 40,496,522 38,532,268
81,107,805 71,693,423
Operating expenses:
Leases 7,574,722 250,000
Materials, services, and supplies (note 3a and 8) 51,815,537 28,308,133 Selling, general, and administrative expenses 2,033,263 1,522,695 Depreciation 18,236,421 18,005,951
79,659,943 48,086,779
Operating income 1,447,862 23,606,644
Nonoperating revenues (expenses):
Interest revenue 18,819,490 18,157,312
Other revenue — 617,911
Interest expense (12,342,207) (14,198,663)
Income before contributions and other revenues 7,925,145 28,183,204 Contributions and other revenues:
Contribution from Community Facilities District 3,467,625 2,126,817 Change in net position 11,392,770 30,310,021
Net position – beginning of period 118,261,936 87,951,915 Net position – end of period $ 129,654,706 118,261,936 See accompanying notes to financial statements.
9 SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Statements of Cash Flows
Years ended March 31, 2024 and 2023
2024 2023
Cash flows from operating activities:
Receipts from customers $ 41,368,043 32,312,422
Payments to suppliers (38,995,500) (29,604,398)
Rents and licensing received 47,106,805 49,487,986
Net cash provided by operating activities 49,479,348 52,196,010 Cash flows from noncapital financing activities:
Net borrowings from other City of Santa Clara funds 330,234 629,529 Net cash provided by noncapital financing 330,234 629,529 Cash flows from capital and related financing activities:
Contribution from Community Facilities District 2,840,331 2,248,478 Acquisition and construction of capital assets (7,079,493) (3,108,564) Principal payments on capital debt (16,615,923) (35,038,955) Interest paid on capital debt (12,067,695) (13,918,397) Net cash used in capital and related financing (32,922,780) (49,817,438) Cash flows from investing activity:
Interest and dividends 5,803,963 4,503,381
Net cash provided by investing activity 5,803,963 4,503,381 Net increase in cash and restricted cash 22,690,765 7,511,482 Cash and restricted cash, beginning of period 101,813,894 94,302,412 Cash and restricted cash, end of period $ 124,504,659 101,813,894 Reconciliation of operating income to cash provided by operating activities:
Operating income $ 1,447,862 23,606,644
Depreciation 18,236,421 18,005,951
Lease revenues 7,250,256 7,285,255
Change in operating assets and liabilities:
Accounts receivable 657,660 (5,689,607)
Accounts payable and accrued liabilities 22,428,022 (539,569) Prepaid expenses — 1,015,999
Unearned revenue (540,873) 8,511,337
Net cash provided by operating activities $ 49,479,348 52,196,010 Noncash operating and capital financing activities:
Equipment purchases included in accounts payable and accrued expense $ (147,638) 667,933 See accompanying notes to financial statements.
10 SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
11 (Continued)
(1) Organization and Reporting Entity
(a) Organization
On June 8, 2010, residents of Santa Clara voted to adopt Measure J, the Santa Clara Stadium Taxpayer Protection and Economic Progress Act, resulting in the approval to construct a new 68,500-seat football stadium (the Stadium) to be leased to the San Francisco 49ers (49ers). In addition, Measure J called for the creation of the Santa Clara Stadium Authority to own, develop, construct, operate, and maintain the Stadium project. The City of Santa Clara, California (City) and the City of Santa Clara Redevelopment Agency (Agency) entered into a Joint Exercise of Powers Agreement (JPA Agreement) establishing the Santa Clara Stadium Authority (Stadium Authority). The JPA Agreement was later amended to add the Bayshore North Project Enhancement Authority as a member of the Stadium Authority. On June 28, 2011, the Governor signed into law Assembly Bill No. X1 26 (ABX1 26), which called for the dissolution of Redevelopment Agencies throughout the State. The California State Supreme Court upheld ABX1 26, and as a result, on February 1, 2012, all California Redevelopment Agencies were dissolved. The Successor Agency of the City of Santa Clara (Successor Agency) then assumed the obligations of the Agency under the JPA Agreement. (b) Financial Reporting Entity
As defined by US generally accepted accounting principles (GAAP), the financial reporting entity consists of a primary government, as well as its component units, which are legally separate organizations for which the elected officials of the primary government are financially accountable.
Financial accountability is defined as:
1) Appointment of a voting majority of the component unit’s board and either (a) the ability to impose will by the primary government or (b) the possibility that the component unit will provide a financial benefit to or impose a financial burden on the primary government; or 2) Fiscal dependency on the primary government.
Based upon the application of these criteria, the Stadium Authority has no component units. However, the Stadium Authority is a component unit of the City due to the Mayor and City Council serving as the Board of the Stadium Authority and therefore meeting the financial accountability criteria. The City Manager serves as the Executive Director. The debt which was incurred for the construction of the Stadium is the responsibility of the Stadium Authority. The City is not a party to the debt nor has the City guaranteed such debt.
(2) Summary of Significant Accounting Policies
(a) Basis of Presentation
The financial statements of the Stadium Authority have been prepared in conformity with GAAP, as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing government accounting and financial reporting principles. The Stadium Authority is included as an enterprise fund in the City’s Annual Financial Report, and therefore, these financial statements do not purport to represent the financial position and changes in financial position of the City.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
12 (Continued)
(b) Basis of Accounting and Measurement Focus
The Stadium Authority reports its activities as a business-type activity. The financial statements include statements of net position, statements of revenues, expenses, and changes in net position, and statements of cash flows, and are accounted for using the “economic resources” measurement focus and the accrual basis of accounting. Accordingly, all assets and liabilities (whether current or noncurrent) are included on the statements of net position. Reported net position is segregated into three categories – net investment in capital assets, restricted, and unrestricted. The statements of revenues, expenses, and changes in net position present increases (revenues) and decreases (expenses) in total net position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which a liability is incurred.
Operating revenues are those revenues that are generated from the primary operations of the Stadium Authority. All other revenues are reported as nonoperating. Operating expenses are those expenses that are essential to the primary operations of the fund. All other expenses are reported as nonoperating expenses.
(c) Year-End
An amendment was made to the JPA Agreement on November 13, 2012 in part to change the fiscal year of the Stadium Authority from a July 1 through June 30 fiscal year to an April 1 through March 31 fiscal year to conform with the fiscal year of Stadium Funding Trust. (d) Cash, Restricted Cash, and Restricted Cash with Fiscal Agent The Stadium Authority’s cash is not pooled with the City but is held in separate bank and trust accounts.
(i) Composition of Cash, Restricted Cash, and Restricted Cash with Fiscal Agent Cash, restricted cash, and restricted cash with fiscal agent at March 31, 2024 and 2023 consist of cash deposits in banks.
Restricted cash includes revenue that has not yet been transferred to Stadium Funding Trust accounts. On the fifteenth of the following month, all revenue is swept into the Stadium Funding Trust accounts as required by the Deposit and Disbursement Agreement and becomes restricted cash with fiscal agent. It also includes cash dedicated to construction and the capital expenditure, operating, and renovation/demolition reserve accounts.
Restricted cash with fiscal agent consists of stadium deposits pledged to a syndicate of lenders and deposits for stadium construction. The application of these deposits is restricted to fund stadium construction and Stadium Authority operations and debt service. (ii) Investments Authorized by Debt Agreements
Stadium Authority maintains required amount of cash and investments with trustees or fiscal agents under the terms of certain debt issues. These funds are unexpended bond proceeds or are pledged reserves to be used if Stadium Authority fails to meet its obligations under these debt
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
13 (Continued)
issues. The California Government Code 53601 (L) allows these funds to be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, other arrangements, or certificates of participation in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance. (iii) Custodial Credit Risk
Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. Under California Government Code Section 53651, depending on specific types of eligible securities, a bank must deposit eligible securities posted as collateral with its agent having a fair value of 105% to 150% of the Stadium Authority’s cash on deposit. All of the deposits are either insured by the Federal Depository Insurance Corporation (FDIC) or collateralized with pledged securities held in the trust department of the financial institutions.
(e) Accounts Receivable
Accounts receivable are recorded in the Stadium Authority’s accounts at the amounts that are contractually due. Accounts receivable include payments due from ManagementCo as a result of the operations of non-National Football League (NFL) events held at the Stadium and the overpayment of stadium manager expenses. Naming Rights revenue due from Levi’s Strauss & Co., special tax proceeds collected by the Community Facilities District (CFD) and not yet paid to Stadium Authority pursuant to the CFD Reimbursement Agreement, and other miscellaneous receivables are also included as accounts receivable in the statements of net position. (f) Capital Assets
Capital assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Contributed capital assets are valued at their estimated fair value on the date contributed.
Depreciation is recorded on a straight-line basis over the estimated useful lives of the assets with a value over $5,000 and is charged as an expense against operations.
Useful lives
(years)
Buildings 20–50
Machinery and equipment 2–25
The cost of maintenance, repairs, minor replacements, and renewals are charged to operations as incurred. Major replacements, renewals, and betterments are capitalized. Sales and retirements of depreciable property are recorded by removing the related cost and accumulated depreciation from the accounts. Gains or losses on sales and retirements of property are reflected in the statements of revenues, expenses, and changes in net position.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
14 (Continued)
(g) Unearned Revenue and Revenue Recognition
Stadium Builder License (SBL) proceeds and payments received for other license agreements are initially recorded as unearned revenue and are recognized as revenue over the term of the contracts.
Rental income is recognized as revenue based on GASB 87 over the term of the Stadium Lease (note 2(k)).
Non-NFL event revenue, NFL ticket surcharge, Non-NFL ticket surcharge, and other operating revenues are recognized as they are earned.
(h) Risk Management
Per the terms of the Stadium Lease, during operations, the Forty Niners SC Stadium Company LLC (StadCo) procures insurance and the Stadium Authority pays a proportionate share to StadCo. (i) Income Taxes
The Stadium Authority falls under the purview of Internal Revenue Code, Section 115 and corresponding California Revenue and Taxation Code provisions. As such, the Stadium Authority is not subject to federal or state income taxes.
(j) Use of Estimates
The preparation of financial statements in conformity with US generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenue and expenses during the reporting period. Actual results could differ from those estimates.
(k) Lease Agreements
The Stadium Authority implemented GASB 87, Leases, during the year ended March 31, 2023. The objective of this Statement is to better meet the information needs of financial statement users by improving accounting and financial reporting for leases by governments. This Statement requires recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract. It establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevance and consistency of information about governments’ leasing activities.
Lessee – The Stadium Authority is a lessee for a noncancelable ground lease. The Stadium Authority recognizes any lease liability with an initial and individual value of $100,000, and an intangible right -to- use lease asset (lease asset) in the statement of net position financial statements.
At the commencement of a lease, the Stadium Authority initially measures the lease liability at the present value of payments expected to be made during the lease term. Subsequently, the lease liability is reduced by the principal portion of lease payments made. The lease asset is initially measured as
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
15 (Continued)
the initial amount of the lease liability, adjusted for lease payments made at or before the lease commencement date, plus certain initial direct costs. Subsequently, the lease asset is amortized on a straight-line basis over its useful life.
Key estimates and judgments related to leases include how the Stadium Authority determines (1) the discount rate it uses to discount the expected lease payments to present value, (2) lease term, and (3) lease payments as follows:
The Stadium Authority uses the interest rate charged by the lessor as the discount rate. When the interest rate charged by the lessor is not provided, the Stadium Authority generally uses its estimated incremental borrowing rate as the discount rate for leases. The Stadium Authority used a
2.18% discount rate for the expected lease payments to present value.
The lease term includes the noncancelable period of the lease.
Lease payments included in the measurement of the lease liability are composed of fixed payments and purchase option price that the Stadium Authority is reasonably certain to exercise.
The Stadium Authority monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the lease asset and liability if certain changes occur that are expected to significantly affect the amount of the lease liability. The Stadium Authority has the Ground Lease with the City (note 6). As of March 31, 2024, the balances related to the lease liability and right-to-use were $29.3 million and $27.1 million respectively. The lease has remaining terms of 35 years as of April 1, 2023. As of March 31, 2023 and March 31, 2024, the Stadium Authority recognized $798 thousand in lease amortization expense and $652 thousand in interest expense related to this lease.
A summary of lease liability activity during the year ended March 31, 2024 is as follows:
March 31, March 31,
2023 Additions Reductions 2024
Lease liability $ 29,321,106 — — 29,321,106
Total lease liability $ 29,321,106 — — 29,321,106
A summary of lease liability activity during the year ended March 31, 2023 is as follows:
March 31, March 31,
2022 Additions Reductions 2023
Lease liability $ 29,321,106 — — 29,321,106
Total lease liability $ 29,321,106 — — 29,321,106
•
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•
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
16 (Continued)
Right-to-use leased assets for the years ended March 31, 2024 is as follows:
March 31, March 31,
2023 Additions Reductions 2024
Right-to-use leased assets
being depreciated:
Land $ 29,530,929 — — 29,530,929
Total right-to-use
leased assets 29,530,929 — — 29,530,929
Less accumulated depreciation for:
Land (1,596,266) (798,134) — (2,394,400)
Total accumulated
depreciation (1,596,266) (798,134) — (2,394,400)
Total right-to-use
leased assets,
net $ 27,934,663 (798,134) — 27,136,529
Right-to-use leased assets for the years ended March 31, 2023 is as follows:
March 31, March 31,
2022 Additions Reductions 2023
Right-to-use leased assets
being depreciated:
Land $ 29,530,929 — — 29,530,929
Total right-to-use
leased assets 29,530,929 — — 29,530,929
Less accumulated depreciation for:
Land (798,133) (798,133) — (1,596,266)
Total accumulated
depreciation (798,133) (798,133) — (1,596,266)
Total right-to-use
leased assets,
net $ 28,732,796 (798,133) — 27,934,663
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
17 (Continued)
Future principal and interest payments on the lease liability are as follows as of March 31, 2024:
Principal Interest
Year ending March 31:
2025 $ 6,542 993,458
2026 354,518 645,482
2027 362,325 637,675
2028 370,303 629,697
2029 378,456 621,544
2030–2034 2,543,522 2,956,478
2035–2039 3,358,669 2,641,331
2040–2044 4,267,600 2,232,400
2045–2049 5,281,106 1,718,894
2050–2054 6,411,217 1,088,783
2054–2058 5,986,848 333,152
Total $ 29,321,106 14,498,894
Lessor – The Stadium Authority is a lessor for noncancelable leases of land and building. The Stadium Authority recognizes a lease receivable and a deferred inflow of resources in the financial statements.
At the commencement of a lease, the Stadium Authority initially measures the lease receivable at the present value of payments expected to be received during the lease term. Subsequently, the lease receivable is reduced by the principal portion of lease payments received. The deferred inflow of resources is initially measured as the initial amount of the lease receivable, adjusted for lease payments received at or before the lease commencement date. Subsequently, the deferred inflow of resources is recognized as revenue on a straight-line basis over the life of the lease term.
Key estimates and judgments include how the Stadium Authority determines (1) the discount rate it uses to discount the expected lease receipts to present value, (2) lease term, and (3) lease receipts as follows:
The Stadium Authority uses its estimated incremental borrowing rate as the discount rate for leases. The Stadium Authority used a 2.18% discount rate for the expected lease payments to present value.
The lease term includes the noncancelable period of the lease.
Lease receipts included in the measurement of the lease receivable comprises fixed payments from the lessee.
The Stadium Authority monitors changes in circumstances that would require a remeasurement of its lease and will remeasure the lease receivable and deferred inflows of resources if certain changes occur that are expected to significantly affect the amount of the lease receivable. The Stadium Authority has the Stadium Lease with StadCo (note 6). As of March 31, 2024, the balances related to •
•
•
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
18 (Continued)
the lease receivable and deferred inflow of resources were $594.2 million and $578.6 million, respectively. As of March 31, 2023, the lease receivable and deferred inflow of resources were $605.9 million and $595.6 million, respectively. The lease has remaining terms of 35 years as of April 1, 2023. As of March 31, 2024, the Stadium Authority recognized $17.0 million in lease revenue under rents and licensing revenue category and $13.1 million in interest revenue. Similarly, as of March 31, 2023, the Stadium Authority also recognized $17.0 million in lease revenue under rents and licensing revenue category and $13.3 million in interest revenue.
A summary of lease receivable activity during the year ended March 31, 2024 is as follows:
March 31, March 31,
2023 Additions Reductions 2024
Lease receivable $ 605,887,066 — (11,669,804) 594,217,262 Total lease
receivable $ 605,887,066 — (11,669,804) 594,217,262
A summary of lease receivable activity during the year ended March 31, 2023 is as follows:
March 31, March 31,
2022 Additions Reductions 2023
Lease receivable $ 617,305,447 — (11,418,381) 605,887,066 Total lease
receivable $ 617,305,447 — (11,418,381) 605,887,066
A summary of deferred inflows of resources activity during the year ended March 31, 2024 is as follows:
March 31, March 31,
2023 Additions Reductions 2024
Deferred inflows leases
related $ 595,586,067 — (17,016,744) 578,569,323
Total deferred
inflows leases
related $ 595,586,067 — (17,016,744) 578,569,323
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
19 (Continued)
A summary of deferred inflows of resources activity during the year ended March 31, 2023 is as follows:
March 31, March 31,
2022 Additions Reductions 2023
Deferred inflows leases
related $ 612,602,812 — (17,016,745) 595,586,067
Total deferred
inflows leases
related $ 612,602,812 — (17,016,745) 595,586,067
Future principal and interest receipts from the lease receivable are as follows as of March 31, 2024:
Principal Interest
Year ending March 31:
2025 $ 11,926,763 12,835,237
2026 12,189,380 12,572,620
2027 12,457,780 12,304,220
2028 12,732,090 12,029,910
2029 13,012,439 11,749,561
2030–2034 69,488,321 54,321,679
2035–2039 77,483,097 46,326,903
2040–2044 86,397,688 37,412,312
2045–2049 96,337,921 27,472,079
2050–2054 107,421,800 16,388,200
2054–2058 94,769,983 4,278,017
Total $ 594,217,262 247,690,738
(l) Prior Period Correction of an Error
During the financial reporting process for March 31, 2024, the Stadium Authority reviewed the accounting and reporting for the GASB 87, Leases, implementation for the ground lease and the stadium lease as of April 1, 2022 and identified errors related to the accumulated deferred rent liability and interest expense and interest revenue calculations as of March 31, 2023. The Stadium Authority determine these to be immaterial corrections of prior year errors and has revised the March 31, 2023 applicable accounts. The beginning net position for fiscal year 2022-23 was increased by $8.2 million from $79.8 million to $88.0 million.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
20 (Continued)
The statements of net position for fiscal year 2022-23 was adjusted as follows:
FY 2023
previously GASB 87 FY 2023
reported correction as corrected
Current assets:
Accounts receivable $ 18,994,260 1,100,694 20,094,954 Total change in assets $ 1,100,694
Current liabilities:
Interest payable $ 5,948,285 54,290 6,002,575
Deferred rent, current portion 495,000 (495,000) —
Noncurrent liabilities:
Deferred rent 7,149,723 (7,149,723) —
Total change in liabilities (7,590,433)
Net position:
Unrestricted deficit (414,048,085) 8,691,127 (405,356,958) Total changes in liabilities
and net position $ 1,100,694
The statements of revenues, expenses and changes in net position for fiscal year 2022-23 was adjusted as follows:
FY 2023
previously GASB 87 FY 2023
reported correction as corrected
Operating revenues:
Rents and licensing $ 38,992,268 (460,000) 38,532,268
Operating expenses:
Leases 1,229,044 (979,044) 250,000
Total change
in operating income 519,044
Nonoperating revenues (expenses):
Interest revenue 17,530,057 627,255 18,157,312
Interest expense (13,550,322) (648,341) (14,198,663)
Total change in net position 497,958
Net position – beginning of period 79,758,746 8,193,169 87,951,915 Net position – end of period $ 109,570,809 8,691,127 130,192,832
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
21 (Continued)
(3) Stadium Development
(a) Transaction Overview
During fiscal year 2011-12, the Stadium Authority and StadCo entered into a series of agreements in connection with the construction of the Stadium. The Stadium was constructed and is owned by the Stadium Authority; certain tenant improvement components are owned by StadCo. Construction on the Stadium began in April 2012 and it was substantially completed in July 2014, in time for the 2014 NFL season.
The City owns the land on which the Stadium was constructed. The City has leased the land to the Stadium Authority under a ground lease, and the Stadium Authority has leased the Stadium to StadCo for the six-month period from August through January (the NFL season) of each year, for an initial lease term of 40 years. The Stadium Lease commenced in August 2014 upon substantial completion of construction.
The Stadium Authority retained a design-build firm to complete the design and construction of the Stadium pursuant to a guaranteed maximum price contract. The Stadium Authority was generally responsible for amounts due to the design-builder, except that StadCo was responsible for payment of costs of tenant improvements. StadCo acted as construction agent for the Stadium Authority, with primary responsibility for administering the design-build contract.
The Stadium Authority and StadCo have engaged ManagementCo, an affiliate of StadCo, to manage the Stadium on a year-round basis. The Stadium Management Agreement has an initial term of 25 years, plus a 15-year renewal option. The Stadium Authority pays ManagementCo for services related to its operations on behalf of the Stadium Authority. For the years ended March 31, 2024 and 2023, ManagementCo charged the Stadium Authority $8.6 million and $8.1 million in shared expenses, and $8.5 million and $7.4 million in other operating and management expenses, respectively. (b) Construction Funding
Funding for construction of the Stadium, excluding tenant improvements funded by StadCo, falls into three major categories: an initial construction loan from a bank syndicate, which was refinanced during 2013 as described below; funding from the StadCo Subordinated Loan; and construction period and other revenues.
(i) Stadium Construction Loan Facility
The initial financing included a delayed draw term loan facility (the Construction Facility) provided by a syndicate of banks (the Lenders) to Stadium Funding Trust (FinanceCo). FinanceCo, a Delaware statutory trust, entered into the Construction Facility with the Lenders and then issued a loan facility to the Stadium Authority in the amount of $450 million (the Authority Loan). The Construction Facility had a maturity date of September 1, 2015. In June 2013, FinanceCo and the Stadium Authority refinanced the Construction Facility, resulting in FinanceCo paying off the Construction Facility and entering into a new debt structure that includes 26-year fixed rate notes and a delayed draw 5-year loan facility. FinanceCo then issued a new loan facility to the Stadium Authority in the amount of $450 million. The Stadium Authority’s loan facilities are discussed in note 5.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
22 (Continued)
(ii) StadCo Subordinated Loan
In March 2012, StadCo agreed to loan the Stadium Authority up to $500 million (the Subloan) to be used for the construction of Levi’s Stadium. During the refinance process in June 2013, the interest rate on the Subloan was fixed and part of the then outstanding Subloan was paid down. The Subloan is discussed in note 5.
(iii) Construction Period and Other Revenues
Certain revenues were collected by the Stadium Authority while the Stadium was under construction. These construction period and other revenues primarily consist of SBL and naming rights revenues collected by the Stadium Authority.
(4) Capital Assets
Capital asset activity for the year ended March 31, 2024 is as follows:
Balance Balance
March 31, March 31,
2023 Additions Reductions 2024
Nondepreciable assets:
Construction in progress $ 2,095,393 7,029,295 (4,922,358) 4,202,330 Total nondepreciable
assets 2,095,393 7,029,295 (4,922,358) 4,202,330
Capital assets being depreciated:
Buildings 826,227,884 3,963,548 — 830,191,432
Machinery and equipment 6,141,531 861,370 — 7,002,901 Less accumulated depreciation for:
Buildings (143,121,336) (16,526,760) — (159,648,096)
Machinery and equipment (2,267,592) (911,527) — (3,179,119) Net depreciable assets 686,980,487 (12,613,369) — 674,367,118 Net capital assets $ 689,075,880 (5,584,074) (4,922,358) 678,569,448
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
23 (Continued)
Capital asset activity for the year ended March 31, 2023 is as follows:
Balance Balance
March 31, March 31,
2022 Additions Reductions 2023
Nondepreciable assets:
Construction in progress $ 468,766 1,754,706 (128,079) 2,095,393 Total nondepreciable
assets 468,766 1,754,706 (128,079) 2,095,393
Capital assets being depreciated:
Buildings 826,227,884 — — 826,227,884
Machinery and equipment 3,991,661 2,149,870 — 6,141,531 Less accumulated depreciation for:
Buildings (126,594,576) (16,526,760) — (143,121,336)
Machinery and equipment (1,586,534) (681,058) — (2,267,592) Net depreciable assets 702,038,435 (15,057,948) — 686,980,487 Net capital assets $ 702,507,201 (13,303,242) (128,079) 689,075,880 (5) Long-Term Debt
(a) Long-Term Debt Summary
Changes in long-term debt for the year ended March 31, 2024 consisted of the following:
Outstanding Outstanding
as of as of Amounts due
Issue Due Interest March 31, March 31, w ithin one
Type of indebtedness date date rates 2023 Additions Reductions 2024 year Business type activity debt:
Stadium Funding Trust loan
Term A loan 06/19/13 04/01/39 5.00 % $ 215,415,240 — (15,459,000) 199,956,240 7,299,896 StadCo CFD Advance 04/01/13 12/31/54 5.73 29,859,497 — (1,147,911) 28,711,586 — StadCo Subordinated Loan 03/28/12 03/31/43 5.50 — — — — — Total $ 245,274,737 — (16,606,911) 228,667,826 7,299,896
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
24 (Continued)
Changes in long-term debt for the year ended March 31, 2023 consisted of the following:
Outstanding Outstanding
as of as of Amounts due
Issue Due Interest March 31, March 31, within one
Type of indebtedness date date rates 2022 Additions Reductions 2023 year Business type activity debt:
Stadium Funding Trust loan
Term A loan 06/19/13 04/01/39 5.00 % $ 230,138,239 — (14,722,999) 215,415,240 15,459,000 StadCo CFD Advance 04/01/13 12/31/54 5.73 30,374,503 — (515,006) 29,859,497 — StadCo Subordinated Loan 03/28/12 03/31/43 5.50 19,800,950 — (19,800,950) — — Total $ 280,313,692 — (35,038,955) 245,274,737 15,459,000 (b) Stadium Funding Trust Loan
The Restated Credit Agreement by and among FinanceCo, the Stadium Authority and Goldman Sachs Bank was entered into on June 19, 2013. FinanceCo agreed to loan the Stadium Authority up to $450 million. Under the Restated Credit Agreement, the loan from FinanceCo consists of the Term A Loan and the Term B Loan. On March 31, 2016, the Stadium Authority paid the remaining amount due on the Term B Loan.
(i) Term A Loan
The Term A Loan was made in the amount of $282.8 million. This loan bears interest at a fixed rate of 5%, payable semiannually, with annual principal payments due beginning in April 2018. It has a maturity date in 2039 and is subject to certain prepayment premiums. The loan was fully drawn at closing. As of March 31, 2024 and 2023, $200.0 million and $215.4 million was outstanding, respectively. Debt service on this loan is secured by a pledge of available SBL revenues of Stadium Authority.
In the event of default under the loan agreement, FinanceCo has the right, upon written notice to the Stadium Authority, to accelerate and declare the Stadium Authority’s obligation to repay the related loan to FinanceCo to be immediately due and payable. (c) StadCo CFD Advance
In May 2010, the City completed the proceedings to establish CFD for the purpose of financing certain publicly owned facilities and public services associated with the Stadium.
On June 11, 2013, the CFD, the Stadium Authority, and StadCo entered into a Reimbursement Agreement under which the CFD would agree to reimburse the Stadium Authority for costs of the publicly owned facilities and public services constructed for the Stadium. The reimbursement can only be made from the special tax generated by the CFD, as and when received by the CFD.
StadCo has agreed to advance to the Stadium Authority funds to pay for the CFD Infrastructure (StadCo CFD Advance). To evidence the Stadium Authority’s obligation to repay the StadCo CFD Advance, the Stadium Authority and StadCo also executed a note on June 11, 2013. The StadCo CFD Advance has a maximum principal of $38 million and an interest rate of 5.73%.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
25 (Continued)
During the year ended March 31, 2024, as the special CFD tax was submitted to the Stadium Authority, a number of payments were made on the StadCo CFD Advance. StadCo CFD Advance payments were made midway through each quarter. The interest that accrued between the last StadCo CFD Advance payment and the end of the year is added to principal. The Stadium Authority made $1.7 million in interest and $1.2 million in principal payments. As of March 31, 2024 and 2023, $28.7 million and $29.9 million was outstanding, respectively. (d) StadCo Subordinated Loan
The Restated StadCo Obligations Agreement dated as of June 19, 2013 was entered into by and between StadCo and the Stadium Authority as part of the take-out financing process. Under the Restated StadCo Obligations Agreement, StadCo will loan the Stadium Authority an amount not to exceed $500 million with a fixed 5.50% interest rate. Required principal repayments started in March 2016 and the Stadium Authority may prepay the loan at any time. Debt service on this loan is secured by a pledge of available Stadium Authority revenues on a basis subordinate to outstanding senior loans, if any.
As of March 31, 2024 and 2023, there was no balance outstanding.
In the event of default under the loan agreement, StadCo has the right, upon written notice to the Stadium Authority, to accelerate and declare the Stadium Authority’s obligation to repay the related loan to StadCo to be immediately due and payable.
(e) Management Company Revolving Loan
The Management Company Revolving Loan dated as of March 28, 2012 was entered into by and between the Stadium Authority and ManagementCo. The Management Company Revolving Loan provides borrowing to the Stadium Authority in an amount not to exceed $25 million through the earlier of the end of the term of the Stadium Lease or the expiration of the Stadium Management Agreement, with interest at the prime rate payable quarterly. The Management Company Revolving Loan may be used solely for the purpose of enabling the Stadium Authority to pay Covered Stadium Authority Operating Expenses (as defined in the agreement) to the extent, and only to the extent, that funds are not otherwise available.
As of March 31, 2024 and 2023, there was no balance outstanding. (f) Pledge of Future Revenues
The pledge of future revenues ends upon repayment of the $200.0 million in outstanding principal on the Term A which is scheduled to occur in fiscal year 2039-40. For fiscal year 2023-24, revenues including operating revenues and nonoperating interest earnings amounted to $99.9 million and operating costs including operating expenses, but not interest, depreciation, or amortization amounted to $61.4 million. Net revenues available for debt service amounted to $38.5 million, which represented a coverage ratio of 5.27 on the $7.3 million of debt service to be paid in the coming year.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
26 (Continued)
(g) Long-Term Debt Maturities
Future principal and interest amounts due on long-term debt are as follows as of March 31, 2024:
Principal Interest
Year ending March 31:
2025 $ 7,299,896 11,277,991
2026 7,838,094 10,886,086
2027 8,404,934 10,465,840
2028 9,001,865 10,015,747
2029 9,630,410 9,534,226
Thereafter 186,492,627 86,553,218
Total $ 228,667,826 138,733,108
(6) Leases
(a) Ground Lease
On February 28, 2012, the Stadium Authority entered into a lease (the Ground Lease) with the City whereby the City leases the Stadium site to the Stadium Authority. The Ground Lease was amended on June 19, 2013.
The Ground Lease has an initial term of 40 years. The first lease year commenced on the first day following the substantial completion of construction (August 1, 2014) and ended on the next following March 31. The subsequent lease years will start on April 1 and end on the following March 31. The Stadium Authority will have five successive extension options, each four years in duration, which would commence following the initial term expiration date.
The Ground Lease provides that the City will receive a fixed ground rent (Fixed Ground Rent) of $180 thousand for the first year of Stadium operations payable by the Stadium Authority. Beginning in the second year of Stadium operations and annually thereafter through the tenth year of Stadium operations, the Fixed Ground Rent will increase annually by $35 thousand. Beginning in the 11th year of Stadium operations, Fixed Ground Rent will be increased to equal $1 million, and thereafter will be increased by $100 thousand every five years through the end of the initial term of the Ground Lease. If the term of the Ground Lease is extended, then, during the first extension term, the Fixed Ground Rent will equal $1.58 million; and if and to the extent the Ground Lease is further extended, the Fixed Ground Rent will be increased by $80 thousand every four years thereafter through the expiration of the term of the Ground Lease. Stadium Authority paid the City $495 thousand and $460 thousand in ground rent in each of the fiscal years ended March 31, 2024 and 2023.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
27 (Continued)
Future minimum payments due under the lease are as follows:
Lease
payments
Year ending March 31:
2025 $ 1,000,000
2026 1,000,000
2027 1,000,000
2028 1,000,000
2029 1,000,000
Thereafter 32,500,000
Total $ 37,500,000
The Ground Lease also provides that the City will receive a performance-based rent equal to 50% of the net income from Non-NFL events, less certain credits including 50% of the Fixed Ground Rent, payable by the Stadium Authority. If certain of the credits are not used within the year incurred or the next five succeeding years, the credits will expire. The Stadium Authority reported a net Non-NFL event profit of $8.3 million and $8.8 million in each of the fiscal years ended March 31, 2024 and 2023, which triggers a performance-based rent payment to the City. However, in the prior fiscal year the Stadium Authority did not pay the City any performance-based rent because there remained disputes and pending arbitration with StadCo as to potential credits that needed to be deducted from a performance-based rent amount due public safety costs in excess of a disputed threshold (note 7). The 2024 Settlement Agreement will resolve those disputes (note 8). The $7.3 million in performance-based rent due to the City for both fiscal years were accrued in fiscal year ended March 31, 2024. However, the payment to the City will not occur until the Final Effective Date of the 2024 Settlement Agreement. (b) Stadium Lease
On March 28, 2012, the Stadium Authority entered into a lease with StadCo whereby the Stadium Authority leases the Stadium to StadCo. On June 19, 2013, the same parties entered into an Amended and Restated Stadium Lease Agreement (the Stadium Lease).
The Stadium Lease has an initial term of 40 years commencing on the first day following the substantial completion of construction (August 1, 2014) and includes five successive options to extend the term by four years each. The Stadium Lease is divided into two seasons:
The Tenant Season, which includes the NFL season (including preseason, regular season, and postseason NFL games) and runs from August 1 through January 31; and The Stadium Authority Season, which runs from February 1 through July 31.
Pursuant to the Stadium Lease, the Stadium Authority and StadCo will be entitled to receive and collect separate revenues. Initially, rent payable by StadCo to the Stadium Authority was $24.5 million per year. This amount was established pursuant to the Stadium Lease in connection with the take-out •
•
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
28 (Continued)
financing, which occurred on June 19, 2013. The Stadium Lease allowed for one opportunity to adjust the rent if operating or debt service expenses are either more or less than projected in determining the initial rent. Based on the changes to the projected operating and debt service expenses, the provisions for a one-time rent adjustment were triggered. At the Stadium Authority Board (Board) meeting held on March 22, 2016, the Board disagreed with StadCo’s position to reduce the rent amount, and instead passed a motion to pursue the informal dispute resolution procedures and to proceed to the arbitration process if necessary. Thereafter, on May 3, 2016, StadCo filed for arbitration with the Stadium Authority.
On June 18, 2018, the arbitrator entered an Arbitration Award in favor of the Stadium Authority and against StadCo. This award adjusted the facility rent from $24.5 million to $24.8 million, an increase of $262 thousand. This increase is retroactive to the first lease year resulting in a total amount owed to the Stadium Authority of $1.3 million for the first five lease years, through March 31, 2020. In addition to the adjustment to the facility rent, the Stadium Authority was entitled to reimbursement of its legal fees, determined by the arbitrator to be $2.3 million. The lease also provides for a fair market rent adjustment in year 33.
The Stadium Authority received $24.8 million in stadium rent from StadCo in each of the fiscal years ended March 31, 2024 and 2023.
The Stadium Authority may elect to expand the Tenant Season to consist of the entire lease year, from April 1 through the next succeeding March 31 (Stadium Authority Put Right), by delivering written notice to StadCo. The Stadium Authority Put Right may be exercised at any time during lease year 13, or at any time that the Management Company Revolving Loan balance exceeds $20 million. The expansion of the Tenant Season will be effective as of the applicable Tenant Season Expansion Date as set forth in the Stadium Lease. Effective from and after the Tenant Season Expansion Date, and continuing through the remainder of the Stadium Lease term, the Tenant Season will consist of the entire lease year.
(7) Contingencies
(a) Asset Retirement Obligation
Pursuant to the Ground Lease, the Stadium Authority may be required to demolish the Stadium and other improvements at the end of the lease term, upon written notice from the City. Pursuant to the Stadium Lease, the Stadium Authority will establish reserves to fund the cost of demolishing the stadium at the end of the lease term. While such reserves are projected to cover the entire demolition cost, StadCo will be responsible for funding any shortfall. (b) Historical Complementary SBL Buffet Costs
On April 30, 2020, the Stadium Authority received an invoice in the amount of $4.4 million for previously unbilled “complimentary” buffet costs associated with certain SBL holders for the NFL seasons from 2014 thru 2018. On May 13, 2020, the Stadium Authority issued a response letter disputing the newly billed costs citing that the costs were not presented in a reasonable manner relative to the financial planning and reporting requirements of the Lease Agreement and Stadium Management Agreement, and there was no justification for delaying presentment and demand for payment. The invoices presented also lacked sufficient supporting documentations in order to confirm
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
29 (Continued)
the validity of the costs and charges under the Lease Agreement terms. StadCo and ManagementCo initiated arbitration proceedings to collect the buffet costs and dispute the Stadium Authority’s position, and Stadium Authority filed cross-claims.
In fiscal year 2021-22, ManagementCo invoiced an additional $902 thousand in new buffet costs to the Stadium Authority through the fiscal year 2021-22 Non-NFL events’ net loss. ManagementCo also issued a certificate of loan to the Stadium Authority under the Management Company Revolving Loan for the buffet amount and subsequently paid off the loan through the year-end excess cash distribution.
Stadium Authority objected to and disputed ManagementCo’s unauthorized payment of these buffet costs through the Revolving Loan, and also the payment of that loan through year-end excess cash.
Pursuant to the parties’ August 31, 2022 Settlement Agreement, ManagementCo’s prior draw under the Revolving Loan would be treated as a timely Stadium Authority payment, under protest, and with a full reservation of Stadium Authority’s rights and claims. The Stadium Authority had recorded a receivable from ManagementCo for the loan draw on the buffet costs as of March 31, 2023.
ManagementCo also reported $1.2 million and $1.3 million in buffet costs to be charged to the Stadium Authority for the fiscal years 2022-23 and 2023-24, respectively. The Stadium Authority had not recorded a liability for this cost because the dispute was outstanding and in pending arbitration.
The parties’ 2024 Settlement Agreement resolved the buffet arbitration (note 8). Upon the Final Effective Date of the May 2024 Settlement Agreement, first, the parties agreed that the $902 thousand that was drawn from the Management Company Revolving Loan for fiscal year 2021-22 buffet costs would be treated as Stadium Authority’s reimbursement of those costs. Therefore, the Stadium Authority reversed the corresponding receivable from Management Co and recorded a $902 thousand complementary buffet operating expense in fiscal year ended March 31, 2024. Second, StadCo waived all other buffet expenses from fiscal year 2014-15 through 2023-24, and the parties confirmed that those were no longer an obligation of the Stadium Authority and that the reimbursement of those expenses was deemed fully satisfied for said lease years. (c) Historical NFL Public Safety Costs
In June 2019, StadCo filed an Arbitration Demand regarding alleged amounts due from the Stadium Authority under the public safety costs terms of the Stadium Lease, for fiscal year 2017-18. According to the Stadium Lease, StadCo is required to reimburse the City for the costs incurred for providing public safety services for NFL events that exceed the revenue from off-site parking permit fees. The Stadium Lease contains a provision that creates a “threshold” on the amount of public safety costs that StadCo must pay for each of the NFL seasons. If the total public safety costs exceed the threshold, then the Stadium Lease requires the Stadium Authority to reimburse StadCo the costs above the threshold or provide to StadCo a credit for those amounts in the form of rent credits. The Stadium Lease includes an obligation for StadCo to negotiate a threshold increase in good faith if the total costs amounts are over the threshold for three consecutive years. The Stadium Authority invoked the good faith negotiation process after costs exceeded the threshold for three seasons, which was in advance of the incurred public safety costs for fiscal year 2017-18. StadCo filed several amended Arbitration Demands and formal demand letters for public safety costs damages for the subsequent NFL seasons and fiscal years 2019-20, 2021-22, 2022-23, and 2023-24, and Stadium Authority filed related responses cross-claims in that arbitration.
SANTA CLARA STADIUM AUTHORITY
(a Component Unit of the City of Santa Clara, California) Notes to Financial Statements
March 31, 2024 and 2023
30 The Ground Lease contains provisions that provide, in the event that public safety costs exceed the threshold and those amounts are not paid by Stadium Authority’s Discretionary Fund, Stadium Authority is entitled to deduct credits from Stadium Authority’s performance-based rent payments to the City. Both the performance-based rent credit from the City and rent credit from the Stadium Authority expire in the next five succeeding years if not used within the year incurred. The public safety costs, threshold amount and calculations, and credits were part of the PSC arbitration with StadCo.
The 2024 Settlement Agreement will resolve the public safety cost arbitration (note 8). Upon the Final Effective Date, the parties agreed that approximately $14.8 million of NFL public safety costs over the threshold are owed to StadCo by the Stadium Authority related to fiscal years 2017-18 through 2023-24. This number was approximate in the 2024 Settlement Agreement because, at the time that settlement was signed, the final FY 2023-24 actual NFL public safety costs had not been finalized. Per the 2024 Settlement Agreement, this specific past-due amount of public safety costs will be paid over time and it will not be considered or treated as “Credited Public Safety Costs” that affect performance-based rent and rent calculations going forward. This allows the Stadium Authority to pay the City the full performance-based rent owed for fiscal years 2022-23 and 2023-24 (note 6). Now that the FY 2023-24 NFL public safety costs have been finalized, the Stadium Authority has recorded a $14.7 million “Public Safety Cost 2024 Outstanding Balance” payable and operating expense as of March 31, 2024.
(8) Subsequent Events
On May 23, 2024, the Stadium Authority, the City, StadCo, and ManagementCo entered into the 2024 Settlement Agreement that resolved pending arbitration and disputes regarding the complementary SBL buffet costs and NFL public safety cost arbitration, as well as other miscellaneous terms and matters. The 2024 Settlement Agreement includes amendments to the Ground Lease and Stadium Lease. Those lease amendments, which have already been signed and approved by Stadium Authority Board, City Council, StadCo, and ManagementCo, need to be approved by the NFL and the Lenders. Once the NFL and Lenders approve the lease amendments, the 2024 Settlement Agreement will have a Final Effective Date, and the settlement terms can be implemented. To date, the NFL has approved the lease amendments. As part of the settlement, the Stadium Authority agreed to recognize the $902 thousand complementary SBL buffet expense for fiscal year 2021-22 and $14.7 million of NFL public safety costs over the threshold for fiscal years 2017-18 through 2023-24. The settlement of the NFL public safety cost disputes will also allow for the payment of the performance-based rent from the Stadium Authority to the City in the amount of $7.3 million for fiscal years 2022-23 and 2023-24 after the Final Effective Date of the 2024 Settlement Agreements.
KPMG LLP
Suite 1400
55 Second Street
San Francisco, CA 94105
KPMG LLP , a Delaware limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee.
Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards The Board of Directors
Santa Clara Stadium Authority:
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the Santa Clara Stadium Authority (the Stadium Authority), a component of the City of Santa Clara, California, which comprise the Stadium Authority’s statement of financial position as of March 31, 2024, and the related statements of revenues, expenses and changes in net position, and cash flows for the year then ended, and the related notes to the financial statements, and have issued our report thereon dated September 19, 2024.
Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the Stadium Authority’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Stadium Authority’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Stadium Authority’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and therefore, material weaknesses or significant deficiencies may exist that were not identified. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. We identified a deficiency in internal control, described in the accompanying schedule of findings and questioned costs as item 2024-01 that we consider to be a significant deficiency.
Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the Stadium Authority’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
~
2 The Stadium Authority’s Response to Findings
Government Auditing Standards requires the auditor to perform limited procedures on the Stadium Authority’s response to the findings identified in our audit and described in the accompanying schedule of findings and questioned costs. The Stadium Authority’s response was not subjected to the other auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on the response.
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
San Francisco, California
September 19, 2024
3 Finding 2024-001 - Adoption of new accounting pronouncements Criteria
Management is responsible for the preparation and fair presentation of the financial statements in accordance with U.S. generally accepted accounting principles, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Management is required to determine whether the entity maintained, in all material respects, effective internal controls over financial reporting based on the criteria established by a suitable framework, which is typically the Internal Control – Integrated Framework published by the Committee of Sponsoring Organizations (COSO) of the Treadway Commission.
The COSO Framework views all five components and all 17 principles as relevant to an integrated system of internal controls, irrespective of the entity or its objectives. Controls must be designed and operating under each of the 17 principles to demonstrate that the principle has been achieved.
The component of internal control relevant to this finding is the Control Activities, specifically Principles 9 and 10 of the COSO Framework, which state that the organization identifies and assesses changes that could significantly affect the system of internal control, and that the organization selects and develops control activities that contribute to the mitigation of risks to the achievement of objectives to acceptable levels, respectively.
Conditions Found
Governmental Accounting Standards Board Statement No. 87, Leases (GASB 87) established a new accounting framework for all lease transactions. The Stadium Authority adopted GASB 87 in the prior year, which ended March 31, 2023. While preparing the March 31, 2024 financial statements, Management identified an error related to that adoption. Specifically, Management identified GASB 87 was not properly implemented because an existing deferred rent liability had not been evaluated and adjusted to beginning Net Position upon adoption of the new standard.
Cause
The deficiency was caused by the lack of an effective review process over the adoption of GASB 87 as the new accounting standard for leases. The review of the GASB 87 implementation for the company’s ground lease, the review of the journal entries to eliminate certain aspects of the lease on the balance sheet, and the review of interest income and expense for the ground and stadium leases as part of the adoption of the new standard did not appropriately detect and prevent the error from occurring or being reported on the financial statements for the period.
Per our inquiries with Management, we understand that these errors were also precipitated by the late determination of the applicability of GASB 87 to the Stadium Authority on a stand-alone basis.
The review process for adopting new accounting standards was not designed with sufficient precision or effectiveness to ensure accurate financial reporting which subsequently caused the revision of prior year financial statements amounts in the 2024 report.
Effect
The misstatement resulted in an overstatement of total liabilities and understatement of total assets and net position. The correction of overstated expenses and understated revenues from previous periods, along with the adjustment to the deferred rent liability, resulted in a cumulative impact on net position of $8.7M at March 31, 2023.
4 Management determined the error was not material to the March 31, 2023 financial statements. To correct the prior year error, Management adjusted the 2023 amounts reported in the March 31, 2024 financial statements, and included note disclosure 2(l) in the March 31, 2024 financial statements to summarize the adjustments and effects of the correction.
The error in the adoption of GASB 87 indicates an increased risk of misstatement associated with the adoption of other new accounting standards.
Recommendation
We recommend that Management develop a process to ensure all new accounting pronouncements are properly assessed, accurately applied, and appropriately presented in the year of implementation.
Management Response
Management agree with the recommendation and has developed additional processes to improve the implementation checklist for new accounting pronouncements. The misstatement was identified by Management through the current year’s review process and we promptly took action to correct the misstatement and disclose the adjustment in the financial statements.
KPMG LLP
Suite 1400
55 Second Street
San Francisco, CA 94105
KPMG LLP , a Delaware limited liability partnership and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee.
Independent Auditors Report
The Board of Directors
Santa Clara Stadium Authority
We have audited, in accordance with auditing standards generally accepted in the United States of America, and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of Santa Clara Stadium Authority, a component of the City of Santa Clara, California, which comprise the statements of net position as of March 31, 2024 and 2023, and the related statements of revenues, expenses, and changes in net position, and cash flows for the years then ended, and the related notes to the financial statements, and have issued our report thereon dated September
, 2024.
In connection with our audit, nothing came to our attention that caused us to believe that the Company failed to comply with the terms, covenants, provisions, or conditions of Sections 5 to 6, inclusive, of the Credit Agreement dated June 19, 2013, by and among Santa Clara Stadium Authority, Stadium Funding Trust and Goldman Sachs Bank USA (as Administrative Agent), insofar as they relate to accounting matters. However, our audit was not directed primarily toward obtaining knowledge of such noncompliance. Accordingly, had we performed additional procedures, other matters may have come to our attention regarding Santa Clara Stadium Authority s noncompliance with the above-referenced terms, covenants, provisions, or conditions of the Indenture, insofar as they relate to accounting matters.
This report is intended solely for the information and use of the board of directors and management of Santa Clara Stadium Authority, Stadium Funding Trust, and Goldman Sachs Bank USA and is not intended to be and should not be used by anyone other than these specified parties.
San Francisco, California
September 19, 2024
~
19 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-891 Agenda Date: 9/24/2024
REPORT TO STADIUM AUTHORITY BOARD
SUBJECT
Action on Stadium Manager’s Request to Approve a Third Amendment to the Agreement with ABM Industry Group, LLC for Janitorial Services at Levi’s Stadium for a Month-to-Month Extension Not to Exceed Six Months
BOARD PILLAR
Ensure Compliance with Measure J and Manage Levi’s Stadium
BACKGROUND
As the Stadium Manager of Levi’s Stadium, Forty Niners Stadium Management Company LLC is responsible for maintaining “the Stadium in the Required Condition and operate the Stadium as a quality NFL and multi-purpose public sports, public assembly, exhibit and entertainment facility” as required by the Stadium Management Agreement between the Stadium Authority, Forty Niners SC Stadium Company, LLC (StadCo), and Stadium Manager.
As described in an April 4, 2017 report to the Stadium Authority Board, the Stadium Manager conducted a Request for Proposal (RFP) process for janitorial services for pre-event, event, and post -event services as well as routine non-event day cleaning for the Stadium and invited six janitorial firms to participate. Two of the six companies attended a mandatory pre-proposal meeting, but one firm withdrew from the bidding process. As such, ABM Industry Group, LLC (ABM) was selected for being the only firm to complete the RFP process. ABM provided janitorial services for the Stadium for three years before the RFP process in 2017.
On April 4, 2017, the Stadium Authority Board adopted Resolution No. 17-1 that consented to a service agreement between the Stadium Manager and ABM for janitorial and building maintenance services at Levi’s Stadium (Agreement). The Agreement had an initial term of five (5) years that ended on March 31, 2022 and included an option to extend the agreement for an additional two years at the discretion of the Stadium Manager (Attachment 1). A First Amendment to the Agreement was also noted and filed on the same day to include the Stadium Authority in the Agreement’s Exhibit C - Insurance Requirements (Attachment 2). On December 10, 2021, the Stadium Manager exercised the option to extend the agreement with ABM for an additional two years through March 31, 2024 (Attachment 3).
On March 19, 2024, the Stadium Authority Board approved a Second Amendment to the Agreement with ABM to formally increase compensation rates and extend the term of the agreement on a month to month basis, beginning on April 1, 2024, for up to six months through September 30, 2024 or until the Stadium Manager enters into a new agreement for janitorial services, subject to the Stadium Authority Board’s approval (Attachment 4). The Second Amendment to the Agreement intended to provide the Stadium Manager sufficient time to work on the formal solicitation process for janitorial City of Santa Clara Printed on 9/20/2024Page 1 of 4
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services.
The Stadium Manager issued a formal solicitation for a new multi-year contract for janitorial services on May 6, 2024 and, at the time of writing this report, is in the process of evaluating the proposal responses with the anticipation that the selection process will be completed in September 2024 and the recommendation for a new janitorial services agreement will be presented to the Stadium Authority Board for approval in October 2024.
In the meantime, the Stadium Manager is requesting approval to execute a Third Amendment to the Agreement with ABM (Attachment 5) to extend the agreement on a month-to-month basis, beginning October 1, 2024, for up to six months with thirty days advance notice to the vendor to terminate the agreement.
A Recommendation Memo was submitted by the Stadium Manager describing the request and status of the pending solicitation in more detail (Attachment 6).
DISCUSSION
Janitorial services are critical to the ongoing operation of Levi’s Stadium and are used year-round for daily cleaning services; annual deep cleaning; cleaning at seating bowl events and games which consists of pre-event, event, and post-event cleaning when the seating bowl is utilized for the event; cleaning at catered events such as proms, parties, and receptions; and for ancillary services such as parking lot cleaning, and window washing.
Per the Stadium Manager’s prior Recommendation Memo dated February 14, 2024 that recommended Board approval of the Second Amendment to the Agreement with ABM, the Stadium Manager began preparing for the formal solicitation in August 2023 by developing a list of prescriptive cleaning services required at the Stadium. Stadium Manager representatives began conducting extensive outreach and benchmarked with
other sports facilities around the United States including reviewing the janitorial services RFP issued by the City of Santa Clara. In October 2023, the Stadium Manager conducted a non-binding and non- committal open house and invited firms providing janitorial services to participate in an open dialog with the Stadium Manager about their needs, tour the Stadium, and learn about the marketplace to plan the development of the solicitation process. These discussions spanned over a period of two months through December 2023.
The Stadium Manager began developing the scope of work and requirements with a plan to issue the solicitation in January 2024. They originally anticipated completing the formal solicitation process and bringing a new recommendation for a multi-year contract for janitorial services to the Board for consideration in June of 2024. However, these efforts were slightly delayed due to the Forty Niners’ post-season success combined with the Stadium Manager completing the work required for the annual Stadium Authority budgeting process.
As noted above, the Stadium Manager issued a formal solicitation for a new multi-year contract for janitorial services on May 6, 2024 and is in the process of evaluating the proposal responses with the anticipation that the selection process will be completed in September 2024 and the recommendation for a new janitorial services agreement will be presented to the Stadium Authority Board for approval in October 2024. The proposed extension also includes the right to terminate the agreement with City of Santa Clara Printed on 9/20/2024Page 2 of 4
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24-891 Agenda Date: 9/24/2024
thirty days advance notice to the vendor, which will allow the Stadium Manager additional time to effectively manage the transition of services depending on the recommended vendor through the formal solicitation process.
The monthly expense for routine janitorial services is in the range of $110,000-$120,000 per month, with the Stadium Authority and StadCo respectively responsible for 50% of the cost. The agreement does not include a not to exceed amount due to the unknown number of Non-NFL events (including non-ticketed special events) for the remaining term that will require janitorial services; however, Non- NFL events will be subject to the rates outlined under Exhibit B in the agreement. Janitorial services for NFL and Non-NFL Events are respectively charged directly to the events. The rates will remain the same throughout the proposed extended term.
Overall, the services provided by ABM are critical for stadium operations and staff recommends approval of the Stadium Manager’s request to execute a Third Amendment to the Agreement with ABM to ensure the continuity of janitorial services until the Stadium Manager completes its janitorial services solicitation, brings forth a new agreement for Board approval and, if a different contractor is selected, transitions services to such new contractor.
The Stadium Authority Counsel’s Office has reviewed the proposed Third Amendment to the Agreement and is comfortable with the language.
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
The Stadium Authority Fiscal Year (FY) 2024/25 Budget contains Shared Stadium Expenses such as Security, Stadium Operations, Engineering, Guest Services, and Groundskeeping. Shared Stadium Expenses are split 50/50 between the Stadium Authority and StadCo per the Stadium Lease. The monthly expense for routine ABM cleaning services performed in shared spaces in the Stadium used by both Stadium Authority and StadCo on non-event days is in the range of $110,000 - $120,000. The Stadium Authority’s portion is approximately $57,500 per month and is budgeted under the FY 2024/25 Shared Stadium Expenses, Engineering line item.
In addition to the Shared Stadium Expense cost described above, the Stadium Authority or event promoter is responsible for these janitorial costs related to services performed for Non-NFL Events.
StadCo is responsible for all costs related to services performed for Tenant’s Exclusive Facilities and NFL events.
COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website City of Santa Clara Printed on 9/20/2024Page 3 of 4
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24-891 Agenda Date: 9/24/2024
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
Approve the Stadium Manager’s request to execute a Third Amendment to the Agreement with ABM Industry Group to extend the term of the agreement on a month-to-month basis, beginning on October 1, 2024, for up to six months until the Stadium Manager enters into a new agreement for janitorial services at Levi’s Stadium, subject to the Stadium Authority Board’s approval, and completes the transition of services as needed depending on the recommended vendor through the formal solicitation process.
Reviewed by: Chuck Baker, Assistant Executive Director
Approved by: Jovan D. Grogan, Executive Director
ATTACHMENTS
1. Agreement with ABM Industry Group, LLC
2. First Amendment to Agreement with ABM Industry Group, LLC
3. Stadium Manager’s Notice to ABM Industry Group, LLC to Exercise 2-Year Extension
4. Second Amendment to Agreement with ABM Industry Group, LLC
5. Proposed Third Amendment to Agreement with ABM Industry Group, LLC
6. Stadium Manager’s Recommendation Memo
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DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER.
AND.
ABM INDUSTRY GROUPS, LLC
PREAMBLE
This agreement for the performance of services {"Agreement'') is made. and entered into on this 15th day ofFebruary, 2017, ("Effective Date") by and between ABM INDUSTRY GROUPS, LLC, a Delaware limited liability company, with its principal place· ofbusiness located at 205 Dupont Street, San Jose, CA 95126 ("Contractor"), and the FOR TY NINER$ STADIUM MANAGEMENT COMPANY.LLC, a Delaware limited liability.company C'Stadium Manager''), with its ·principal. place of business located at 4900. Marie P. DeBartolo Way, Santa Clara, CA 95054. Stadium Manager 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 OF SANTA CLARA, a municipal corporation ('"City") and the SANTA CLARA STADIUMAUTHORITY; ajoint exercise of powers entity, created through Government Code sections 6500 et seq. (the "Authority"), are parties to that certain Ground Lease dated as of March 28, 2012, as amended by that certain First Amendment to GroundLease (Stadium Site) (as the same may be further amended from time to time, the "Ground Lease"), pursuant to which the Authority leases certain real property from the City upon which the Authority has developed and constructed a multi-purpose stadium (the "Stadiwn").
B~ The Authority and FORTY NINERS SC STADIUM COMP ANY, LLC, a Delaware limited liability company("StadCo''), are parties to that certainAmended and Restated Stadium Lease Agreement dated as of March 28, 2012 as amended and restated as of June 19, 2013 ( as the same may be further amended from time to time, the "Stadium Lease"), pursuant to which StadCo is granted the right dwing the term of the Stadium Lease to use and occupy the Stadium for the operation of an NFL franchise, subject to; and on the basis ·of, the terms, covenants and conditions set forth in the. Stadium Lease.
C. StadCo and FORTY NINERS FOOTBALL COMPANY LLC, a Delaware limited liability company ("Team") are parties to a certain Sublease Agreement dated as of March 28, 2012, as·amended and restated as of June 19, 2013 (as the same may be further amended from time to time, the ''Team Sublease"); pursuant to which, during the temi.oftheTe.µn Sublease, the Team shall play its NFL home games at the Stadium, subject to, and on the basis of, the terms, covenants and conditions set forth in the Team Sublease.
D. The Authority, StadCo, and Stadium Manager are parties to a certain Stadium Management Agreement effective as of March 28, 2012, as amended by that certain First Amendment to Stadium Management Agreement .dated as of November 13, 2012, that.certain Second Amendment to Stadium Management Agreementdated as of May 9, DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
2013, that certain Third Amendment to Stadium Management Agreement dated as of June 19, 2013, and that certain Fourth Amendment to Stadium Management Agreement dated as of March 18, 2014 (as the same may be,further amended from time to.time, the "Stadium Management Agreement"), pursuant to which the Stadium Manager will manage the operation of the Stadium year-round on behalf of the Authority and StadCo for the term and ort the basis specified in the Stadium Management Agreement.
E. Pursuant to the Stadium Management Agreement, the Stadium Manager is required to manage and maintain the Stadium and, accordingly, desires to secure professional services more fully described.in this Agreement, at Exhibit A, entitled "Scope of Services" (the "Services").
F. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses. and desire to provide the Services of the quality and type which meet objectives and requirements of Stadium Manager.
G. In accordance with the Stadium Management Agreement, the Stadium Manager is authorized to enter into this Agreement on behalf of the Authority and StadCo to engage Contractor to provide the Services; and, accordingly, the Stadium Manager and Contractor desire to enter into this Agreementwhereby Contractor shall have the right to provide, and Contractor agrees to provide, the Services, subject to the terms and conditions of this Agreement, the Ground Lease, the Stadium Lease and the Stadium Management Agreement.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. EMPLOYMENT OF CONTRACTOR.
Stadium Manager hereby employs Contractor to perform the Services. Stadium Manager shall pay for all such Services which are consistent with the terms of this Agreement.
2. SERVICES TO BE PROVIDED.
A. Except as and to the extent expressly set forth in this Agreement, Contractor shall furnish all Services necessary to satisfactorily complete the work required by Stadium Manager at Contractor's.own risk and expense. The Recitals above and all of the exhibits referenced irt this Agreement are attached and are incorporated by this reference.
B. Stadium Manager shall provide, or cause to be provided, during the Term designated office and storage space within the Stadium for use by Contractor.
The location of such office and storage space shall be in the sole discretion of Stadium Manager, and Stadium Manager may direct that the office and storage space be moved to a new locationwithin the Stadium from time to time as it deems necessary.
2 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
C. Except as expressly provided in Section 10 below, Contractor shall be responsible for all costs and expenses incurred in performing the Services, including costs and expenses.of maintaining, repairing and replacing any furniture, fixtures, equipment, or other tangible property and all applicable taxes, staffing (including all managerial and Event staff) and training. As described in greater detail in Section 7 .F hereof, Contractor agrees to fully abide by all sustainability and reuse programs established for or applicable to the Stadium, as each may be modified from time to time following the EffectiveDate.
D. Without limiting the generality of any other provision in this Agreement, Contractor's provision ofthe Services shall be subject to the reasonable prior approval of Stadium Manager acting in conjunction with Contractor, including but not limited to staffing and the manner of Contractor's performance.
Contractor shall not offer exclusivity to any supplier without the prior written approval of Stadium Manager.
E. If at any time, Contractor fails or is otherwise prevented from providing all ot any portion of the Services whether due to a suspension or termination of any licenses or permits or Otherwise; then, in addition to any other right of Stadium Manager, Stadium Manager shall have the right, in its sole discretion, without the payment of arty kind to Contractor, to provide through any available means the Services, or any portion thereof, until such time as Contractor has resumed its provision of the Services. In the event Stadium Manager exercises its rights pursuant to this Section, Contractor shall, and shall cause its employees and the Management Team (as defined in Section 10.D below), to cooperate and assist Stadium Manager in providing the Services.
F. Notwithstanding the foregoing, and subject to any restrictions imposed by the Authority, including pursuant to the Stadium Lease and Stadium. Management Agreement, the Stadium Manager and its designated agents reserve the right of access to all areas that Contractor is permitted to access, use and occupy hereunder for purposes of operating, inspecting, maintaining and repairing the Stadium (and all improvements therein· or thereon) and for the purpose of determining whether the terms, covenants and conditions contained in this Agreement are being fully and faithfully observed and performed by Contractor.
Use of any space orproperty that Contractor is permitted to access, use and occupy hereunder for purposes other than the operations to be conducted under this Agreement, without prior written approval of Stadium Manager in its sole discretion, is prohibited. Contractor shall not interfere with any other contractor, licensee·or employee of the Authority; Stadium. Manager or any other person •• working at the Stadium.
3 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
3. COMMENCEMENT OF SERVICES.
Contractor shall begin providing the Services upon receipt of written Notice to Proceed from Stadium Manager. Notice to Proceed shall be deemed to have occurred three (3) calendar days after it has been deposited in the regular United States mail. Contractor shall complete the Services within the time limits set forth in the Scope of Services or as mutually determined in writing by the Parties.
4. QUALIFICATIONS OF CONTRACTOR - STANDARD OF WORKMANSHIP.
A. Contractor represents and maintains that it has the necessary expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, containedinthis Agreement, and Stadium Manager expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties and obligations in conformance to and consistent with the professional standards ofa specialist in the same discipline in the State of California.
B. The plans, designs, specifications, estimates, calculations, reports, and other documents furnished under Exhibit A shall be of a quality acceptable to Stadium Manager. To be accepted as provided under this Agreement, any such work shall be a product of neat appearance and shall be well-organized, technically and grammatically correct, and checked, and shall identify the maker and checker.
The minimum standard of appearance, organization, and content of the drawings shall be that used by Stadium Manager for similar projects.
5. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement (the "Term") shall begin.April l, 2017 and terminate on March 31, 2022, provided however, if this Agreement extends beyond a single fiscal year, the Term for subsequent fiscal years shall be conditioned upon approval of the Authority budget for the applicable fiscal year that includes the amounts due under this Agreement. The.Stadium Manager shall have the option, in its sole discretion, to extend the Term for one (1) additional two (2) year period by notifying Contractor in 'Writing of StaditLm Manager's desire to exercise said option(s) not more than one hundred twenty (120) days prior to the expiration of the then-current Term.
6. WARRANTY.
Contractor expressly warrants that all Services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate, or defective Services at no further cost to Stadium Manager when defects are due to the negligence, errors~ or omissions of Contractor. If Contractor fails to promptly correct or replace Services, Stadium Manager 4 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
may make corrections or replace Services and charge Contractor for. the cost incurred by Stadium Manager.
7. PERFORMANCE OF SERVICES.
A. Contractor shall perform all Services in an efficient and expeditious manner and shall work closely with and be guided by Stadium Manager. Contractor shall beas fully responsible to StadiUiil Manager for the acts and omissions ofits subcontractors, and of persons either directly or indirectly employed by them, as Contractor_is for the acts and omissions of persons directly employed by it.
Contractor will perform all Services in a safe manner and in accordance with all Applicable.Laws and safety regulations, the policies and procedures issued by the Stadium Manager relating to the Services, the general operating procedures of the Authority, and any and all other applicable rules, regulations, ·policies and direct1ves estabiished or implemented by the Authority and/or Stadium Manager, the designees of either of them, or the NFL, from time to time, including scheduling rules, regµlations and policies, related to the use or operation of the Stadium (collectively, "Stadium Policies"). The term "Applicable Laws" as used in this Agreement shall mean any &tatute, law, treaty, rule, code, ordinance, regulation, permit, interpretation, certificate or order. whether now or hereafter existing, of any Governmental Authority, or any judgment, decision, decree, injunction, writ, order or like action of any court, arbit_rator or other Governmental Authority, whether now or hereafter existing_. The term "Governmental Authority" as used in this Agreement shall mean any federal, state, local or foreign governmental entity, authority or agency, court, tribunal, regulatory commission or other ·body, whether legislative, judicial or executive (or a combination or permutation thereof), and any arbitrator to whom a dispute has been presented under Applicable Laws or by agreement of the Parties with an interest in such dispute.
B. Contractor shall at all times maintain a sufficientnwnber of qualified personnel at. the Stadium and, if applicabl~. the Related Facilities (e.g., offsite parking areas) for the performance of all of Contractor's obligations under this Agreement.
Contractor shall cause the members of the Management Team to attend meetings to be scheduled by Stadium Manager at the Stadium from fimeto -time during the Tenn to review the perfonnance of the Services and to implement Stadium Manager's reasonable recommendations and directives for improving such performance.
C. Contractor's authorized personnel who are scheduled to work at events at.the Stadium ('"Events") shall be provided with ingress to and egress from the Stadium through a gate or gates designated for such purpose by Stadium Manager, without charge, during all days on which Events are held and at all other times necessary to enable Contractor to prepare for Events and fulfill its responsibilities wider this Agreement. Contractor shall be bound by and comply with all rules, policies and _procedures relating to security and acce~s rights, including requirements related to _screening and identification of Contractor's personnel, established from time to 5 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
time by Stadium Manager. Nothing herein contained shall be held to limit or qualify the right of the Authority or Stadium Manager to a free and unobstructed use, occupation and control ofthe Stadium and ingress and egress for itself,its lessees and the public.
D. Contractor shall obtain on or before the Commencement Date and shall thereafter maintain throughout the Term, at its cost and in its name, all licenses and permits necessary for the performance of the Services and any and all other licenses and permits required to be obtained by Contractor by the terms of the Stadium Lease.
Stadium Manager shall cooperate with Contractor in connection with applications submitted by Contractor for any and all licenses and permits and renewals thereof.
Contractor shall not submit any application for a permit or license without first providing Stadium Manager a reasonable opportunity to review it. Contractor shall furnish Stadium Manager with copies of such licenses and permits and renewals thereof as are physically maintained at the Stadium, and all other licenses or permits otherwise required under Applicable Laws or this Agreement, and shall surrender all licenses and permits to Stadium Manager upon termination of this Agreement.
E. In the event that Contractor fails to obtain or maintain in full force and effect any material license or permitnecessary for the performance of the Services, including upon a suspension applicable to an Event or revocation thereof, (a) Stadium Manager shall have the right (but no obligation) to perform or have another Person perform the applicable obligation without compensation to Contractor and, whether or not Stadium Manager exercises that right or its termination rights, Contractor shall be responsible to Stadium Manager for the loss of income and all other damages, including consequential and special damages, suffered by Stadium Manager as the result of Contractor's breach of this Agreement, including any loss of income; and (b) Contractor shall be considered in material breach of this Agreement, and Stadium Manager may, in addition to any other rights or remedies it may have, immediately terminate this Agreement.
F. Contractor shall comply in all respects with the Santa Clara Business and Commercial Recycling Program, as the same shall be amended from time to time, and shall, in partnership with Stadium Manager, prepare and implement a plan (the "Waste Reduction and Recycling Plan") that targets 100% diversion of solid waste from all.Events, including composting or other diversion of compostable organics. Contractor shall train its employees in the methods and objectives of the Waste Reduction and Recycling Plan and shall direct and cause its employees to not dispose ofor discharge recyclables, compostables, waste, garbage, refuse or Hazardous Substances in any area in or outside theStadium other than in areas specifically designated therefor. Contractor shall be responsible for expeditiously collecting, separating, recycling, bagging and delivering recyclables, compostables, trash and garbage generated within the Stadium Complex, and Contractor
shall cause its employees to deposit such
recyclables, compostables, trash and garbage in appropriate containers or equipment in the locations specified by Stadium Manager, whereupon Stadium 6 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
Manager shall be responsible for the further delivery and ultimate disposal of such recyclables, compostables, trash and garbage. In addition, Contractor shall separate, compact and recycle the trash generated by Events on non-Event days.
Contractor shall take all action necessary to: (i) ensure that all such recyclables, coinpostables, trash and garbage are placed in bags and/or the appropriate receptacles or other containers (which receptacles and containers shall be provided by Contractor) that are durable for transport and not.easily susceptible to breakage.or leakage, (ii) notify Stadium Manager when the centralized Stadium recyclable, compostable and garbage receptacles are full and need to be emptied, (iii) prevent recyclables, compostables and trash from piling up.arounq the outside of the receptacles and from using the Stadium receptacles in lieu of transferring the recyclables, compostables and trash to the required locations as described herein and (iv) ensure that recyclables, compostables arid trash do not spill out priqr to or during tnµisport. Contractor agrees to and is .fully committed to participating in the separation and recycling of refuse in the Stadium and to minimize the amount of non-recyclable and -non-compostable refuse to be removed from the S"t/:ldium. All recyclable, compostable, trash and garbage receptacles within the areas controlled by Contractor shall be provided by CQntractdr and shall be cleaned and sanitized by Contractor in accordance with the standards reasonably set from time to time by the Authority and/or Stadium Manager, to ensure a consistently high standard of sanitation meeting or exceeding the standards set by the Santa Clara County Public Health Department and/or the City. Contractor will comply with all federal, state and local recycling and composting requirements and such recycling and composting programs implemented from time to time by the· Authority and/or Stadium Manager and all rules and regulations applicable to the Stadium's adherence to, and/or certification by, the Leadership in Energy and Environmental Design (LEED) Green Building Rating System. Contractor shall indemnify Stadium Manager and make Stadium Manager whole for any out of pocket costs inc:urred by Stadium Manager which are solely attributable to any negligence or intentional act or omission of Contractor or any of its employees with respect to the .recycling. or .trash removal program, including the expense of returned or rejected·recyclable, compostable and.trash removals due to mixing or contaminatingthe trash flow in violation of Applicable Laws or specific directives provided to Cpntractor in writ,ing as part of the Stadium• s sustainability and recycling, composting or trash removal programs. Stadi urn Manager will determine the type,· appearance and location of the recyclable, compostable and trashreceptacles.
G. Contractor agrees not to use.Hazardous Substances at the Stadium, except in accordance with Applicable Laws, and agrees to indemnify, defend, and hold the Indemnified Parties hannless for all Losses (as defined in Section 22.A below) arising out of its use,.generation or storage of Hazardous Substances at the Stadium.
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8. MONITORING OF SERVICES.
Stadium Manager may monitor the Services performed under this Agreement to determine whether Contractor's operations conform to Stadium operating policies and directives and to the terms of this Agreement. Stadium Manager may also monitor the Services to be performed to. determine whether the Services are being conducted in accordance with applicable Stadium Policies, National Football League requirements, and Applicable Laws.
9. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate, or defective Services at no cost to Stadium Manager, when such defects are due to the negligence, errors, or omissions of Contractor. If any action of Contractor constitutes a breach, Stadium Manager may terminate this Agreement pursuant to the provisions described herein.
10. RESPONSIBILITY OF CONTRACTOR.
A. Contractor shall be responsible for the professional quality, technical accuracy, and coordination of the Services furnished by it under this Agreement. Neither Stadium Manager's review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to Stadium Manager in accordance with Applicable Laws for all damages to Stadium Manager caused by Contractor failure to perform any of the Services furnished under this Agreement.
B. Any acceptance by Stadium Manager of plans, specifications,. construction contract documents, reports, diagrams, maps, and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with Applicable Laws.
C. Contractor shall comply and otherwise abide by, all emergency and security procedures and protocols of the Stadium Manager, the Authority, the City, the Team, the NFL and promoters of Events as the Stadium Manager or such other Persons shall adopt from time to time. Such procedures and protocols may include; without limitation, (i) employee pat-down and screening, (ii) presentment by Contractor's employees of identification cards or badges issued by Stadium Manager, which may include reporting criteria such as bar codes, "Mag Stripes", ''RFID" or other identifier systems; (iii) restricting access to·certain parts of the Stadium to specified employees of Contractor as reasonabiy approved by the Stadium Manager (with respect to security clearance standards); and/or (iv) conduct by Contractor, atits sole expense, of Team-specified ininimum background and such other security.screening checks on all of Contractor 1s employees as the Stadium Manager shall request from time to time, which checks may vary as to job function. Contractor shall be required to use Stadium Manager's 8 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
existing time tracking system to verify all employees working the event and to share all information collected (with the exception of any proprietary information) with the Stadium Manager. Contractor shall enroll with the Stadium Manager's existing or successive software requirements (as may be updated as reasonably required by Stadium Manager) and Contractor shall be responsible for all such costs associated with its subscription or enrollment. Contractor shall be responsible for utilizing software provided by Stadium Manager to track completion of scheduled tasks for Events, daily work, or as mutually agreed upon by the Parties.
D. Personnel.
i. Contractor shall hire, employ, train, supervise and discipline any and alL persons necessary to provide the Services in accordance with the terms of this Agreement and shall use its best efforts to ensure that its employees continually practice the high standards of safety, courtesy and service customarily followed in the conduct of a first-class operation. Contractor shall use its best efforts to select qualified, competent and trustworthy employees. Any and all persons who furnish services under this Agreement, whether or not employed by Contractor prior to the Effective Date, are exclusively employees, subcontractors and/or non-affiliated third parties employed by Contractor and are not employees of the Authority, the City, StadCo or Stadium Manager. Such persons furnishing services under this Agreement shall be subject to appearance standards mutually acceptable to the parties hereto and as permitted by Applicable Laws, and shall wear, at all times while working at the Stadium, neat and clean uniforms provided by Contractor and approved by Stadium Manager.
Such uniforms shall bear such lettering and insignia (including the name and logo of the Stadium, the Stadium naming rights sponsor, if required, and thelocation of the employee's assignment (e.g., a Club Area or Suite area)) as Stadium Manager may require and shall be of a design reasonably satisfactoryto Stadium Manager. Contractor shall cause its employees to conductthemselves in a professional and courteous manner, and not to unreasonably disturb or interfere with Events. Contractor shall at all times maintain accurate records of the names, addresses, employment history and other legal identification of those to whom Contractor issues employee badges, uniforms or other identifying items to ensure the proper identification and legal working status of Contractor's employees at the Stadium. Contractor shall conduct such background and other security screening checks on its employees as Stadium Manager shall reasonably request from time to time and shall not knowingly hire any person who has been previously terminated by the Authority, StadCo, Stadium Manager or any of their respective Affiliates or contractors. • Upon Stadium Manager's request, and so long as any such action shall not be contrary to law, Contractor shall immediately remove from the Stadium any employee, agent,.contractor or invitee of Contractor and .permanently revoke such person's access credentials.
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ii. Contractor shall employ the Management Team, identified in clause (v) of this Section 1 O.D below, on a full-time, year round·basis. Contractor shall cause the members of the Management Team to be at the Stadium during all Events that Stadium Manager requites the Management Team to attend and during reasonable business hours. All changes in the Management Team shall require the prior written approval of Stadium Manager. Contractor shall, within fifteen (15) business days of the removal of a Management Team member, provide Stadium Manager with the resumes of not fewer than three (3) suitable candidates to replace the removed employee: The Management Team shall, on and foHowing the .Effective Date and during the Tenn, be exclusively responsible for the provision of services under this Agreement and shall hold no job~related responsibilities relating to any other venue or site without Stadium Manager1s prior written approval..
m. Contractor shall conduct regularly scheduled employee training programs appropriate to the ·services provided, including any programs specifically requested by Stadium Manager, for all of its employees working in the Stadium (the "Employee Training Programs"). The Employee Training Programs· will be mandatory for all employees, agents and any subcontractors of Contractor and, at a· minimum, will include customer service, guest interaction, security procedures and specific job skills training, and· will be conducted in such frequency as may be approved or directed by Stadium Manager. Contractor shall cause ·an Employee Training Programs to be periodically reviewed (no less frequently than annually) and updated to the extent.necessary to maintain the standard of service requested by Stadium Manager. All employees of Contractor shall also be required to attend such policy and procedures training sessions as may be held by the 8tadium Manager, as well as the Stadium orientation tour and training conducted by the Stadium Manager. Contractor shall not permit any employee, agent
or subcontractor to work at an Event prior to
his or her completion of the prescribed training sessions and Employee Training Programs.
iv. Contractor shall promptly notify Stadium Manager upon voluntary or involuntary termination of employment of its employees or contractors and ensure that each such terminated individual is denied further access to the Stadium. Inno event shall the Authority, the City, StadCo or Stadium Manager be liable, and Contractor shall indemnify; protect, and hold the Authority, the City, StadCo and Stadium Manager harmless, for Contractor's record keeping ( or lack of record keeping), including the legal identification and working status of Contractor's employees .and subcontractors, or for any other matters relating to Contractor1s employees or subcontractors.
v. The individuals, and such other individuals.as the Stadium Manager may approve, are the "Management Team'' for purposes of this Agreement are listed on Exhibit G, entitled·"ManagementTeam."
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11. COMPENSATION AND PAYMENT.
A. In consideration for Contractor's complete performance ofthe Services, Stadium Manager shall pay Contractor for all materials provided and services rendered by Contractor the amount(s) set forth in Exhibit B, entitled "CONTRACTOR COMPENSATION AND FEES."
B. Contractor will bill Stadium Manager within 72 hours of the conclusion of Events. All other Service deployments shall be billed on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by Stadium Manager. Except as otherwise expressly provided in Exhibit B, Stadium Manager will pay Contractor within forty-five (45) days of Stadium Manager's receipt of invoice, provided the invoice provided is accurate and free of errors. In the event Contractor's invoice is inaccurate, Stadium Manager will notify contractor of such errors. Stadium Manager will pay Contractor within forty-five (45) days of receipt of the corrected invoice.
12. TERMINATION OF AGREEMENT.
A. In addition to any other rights or remedies Stadium Manager may have, Stadium Manager may terminate this Agreement by written notice to Contractor if:
(i) Contractor fails to correct to the reasonable satisfaction of Stadium Manager any condition created or controlled by Contractor that, in Stadium Manager's reasonable judgment, poses a hazardous condition to occupants of the Stadium Complex, any of the Related Facilities (e.g., off site parking areas), or any portion thereof, within twenty-four (24) hours after receipt of written notice from Stadium Manager; (ii) Contractor fails to perform any material obligation under this Agreement and such failure continues unremedied for a period of ten (I 0) days after receipt of written notice from Manager of the particular.failure to perform ( or thirty (30) days in the case that a remedy has commenced but cannot reasonably be accomplished in ten days); (iii) Contractor is placed into bankruptcy either voluntarily or involuntarily (and such involuntary proceeding is not dismissed within sixty ( 60) days), becomes financially insolvent, takes the benefit of any present or future insolvency statute, makes a general assignment for the benefit of creditors, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; (iv) Contractor transfers or permits a transfer of this Agreement in violation of Section 13; (v) Contractor fails to obtain and/or maintain required licenses and permits under Section 7.D; or (vi) Contractor fails to work cooperatively and in good faith with the Authority, Stadium Manager, any of their respective Affiliates or any of subcontractors of any of the foregoing. Contractor and Stadium Manager acknowledge and agree that tennination of this Agreement by Stadium Manager pursuant to this Section 11.A shall be "for cause. 0
B. Upon.the termination or expiration of this Agreement, (1) Contractor shall immediately surrender possession of the Related Facilities, if any (including any and all leasehold and other improvements therein), uniforms, equipment (and 11 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
related manuals and software) to Stadium Manager, (2) Contractor shall immediately assign to Stadium Manager or its designee(s) all right, title and interest of Contractor in and to all items purchased by Contractor in connection with the Services (including uniforms and equipment), (3) Contractor shall make all payments required to be made by Contractor under this Agreement, (4) to the extent permitted by Applicable Laws, Contractor shall immediately surrender possession of and assign to Stadium Manager all permits and licenses acquired by Contractor in compliance with Section 7 .D and any Applicable Laws, and (5) all matters, rights and liabilities existing on the date of termination between the parties hereto shall be determined as of such termination date ( except as described above), and discharged as promptly as possible thereafter, including any known claims for damages either party may have against the other for breach of the terms and conditions hereof. Any such surrender shall require delivery of possession in good condition, reasonable and ordinary wear and tear excepted and otherwise incompliance with the terms of this Agreement. Notwithstanding any termination or expiration of this Agreement, all liabilities and obligations of the parties will survive until they are fully satisfied.
C. If the Stadium is destroyed or otherwise rendered unusable for more than thirty (30) days for any reason (a "Casualty Event"), Stadium Manager shall give Contractor a notice within ninety (90) days after the Casualty Event stating that whether the Authority intends to rebuild or restore the Stadium. If the notice states that the Authority will not rebuild or restore the Stadium, this Agreement shall be terminated. If the notice states that the Authority intends to rebuild or restore the Stadium, the Parties' obligations hereunder shall be abated during that period. Ifsuch notice states that the Authority reasonably believes that it will take longer than two (2) years to restore or rebuild the Stadium or, if a shorter amount of time, such amount of time is longer than the remainder.of the Term, either party shall have the option of terminating this Agreement by written notice to the other at any time within one hundred and eighty (180) days after Stadium Manager gives such notice, and such termination shall be effective one hundred twenty (120) days after the other party's receipt of such notice. Contractor shall not be entitled to any monetary or other damages or compensation from Stadium Manager in the event ofa Casualty Event.
13. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
A. Stadium Manager and Contractor bind themselves and their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred by Contractor without the prior written approval of Stadium Manager. Contractor shall not hire subcontractors without express written permission from Stadium Manager.
B. Stadium Manager may sell, assign, pledge and otherwise transfer or.encumber (each, a "transfer") this Agreement and any or all of its rights and obligations hereunder to any other Person, including any source of or guarantor or insurer of financing or any trustee, collateral agent or other Person appointed in connection 12 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
with such financing ( each, a "Manager Assignee"), whether by security agreement, collateral assignment, transfer or otherwise; provided, that such transfer shall not relieve Stadium Manager of its obligations under this Agreement unless such Manager Assignee assumes in writing Stadium Manager's obligations under this Agreement. Upon reasonable prior notice from Stadium Manager, Contractor shall make any payments due hereunder to such M'anager Assignee and shall execute and deliver any documents that Stadium Manager or any Manager Assignee may reasonably request to acknowledge and confirm that upon any such transfer, this Agreement will remain in full force and effect, will continue to be a legal, valid and binding obligation of Contractor enforceable in accordance with its terms (subject to applicable bankruptcy or insolvency laws and general principles of equity), and that (to the extent accurate and correct) neither Contractor, nor to Contractor's knowledge, Stadium Manager is in material breach or violation of this Agreement.
C. Contractor acknowledges and agrees that, in the event the Stadium Management Agreement is terminated for any reason, the Authority and StadCo shall, in accordance with the Stadium Lease, employ a replacement manager for the Stadium, who shall, following.the effective date of such employment, constitute the "Stadium Manager" for all purposes under this Agreement, provided, however, that for any period of time before a replacement manager is appointed, this Agreement may be assigned to the Authority or StadCo.
14. NO TIDRD-PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties, except for the Authority, StadCo, and Team, and no other third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
15. INDEPENDENT CONTRACTOR.
·contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and·do not act as agent(s) or employee(s) of Stadium Manager, the Authority or StadCo. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. All liabilities that may arise as a result of Contractor's status as an employer shall be home exclusively by Contractor, including liability relating to payments required to be made under, and documents to be filed withrespect to, the Federal Insurance Contribution Act and the Federal Unemployment Tax Act or any similar federal, state, city or local legislation or other Applicable Laws. Contractor is not authorized to bind Stadium Manager, the Authority or StadCo to any contracts or other obligations.
16. NO PLEDGING OF STADIUM MANAGER'S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of the Stadium Manager or any other of the Indemnified Parties or incur any obligation in the name of such Persons. Contractor shall save and hold harmless the Authority, 13 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
StadCo, Stadium Manager, their respective Affiliates, and their respective officers, employees, boards and commissions for expenses arising out of any unauthorized pledges of credit by Contractor under this Agreement.
17. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions, or other infonnation developed or received by or for Contractor and all other written infonnation submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of Stadium Manager, be used for any purposes other than the perfonna:nce of the Services nor be disclosed to. an entity not connected with perfonnance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor shall be deemed confidential. Notwithstanding the above, the Contractor acknowledges that the Authority is a California public entity that is subject to the California Public Records Act. Information disclosed to the Authority regarding the Contractor's Services in connection with the performance of this Agreement may be subjectto public disclosure in accordance with the Public Records Act.
18. USE OF STADIUM MANAGER NAME OREMBLEM.
Contractor shall have no right to use the trademarks, symbols, trade names or other intellectual property of the Authority, Stadium Manager or their respective Affiliates, or Stadium tenants or their Affiliates or other Event performers directly or indirectly, in connection with any production, promotion, service or publication, without the written approval of Stadium Manager.
19. OWNERSIDP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, and other material developed, collected, prepared, or caused to be prepared under this Agreement shall be the property of Stadium Manager, but Contractor may retain and use copies thereof. Stadium Manager shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than the Services, including, but not limited to, the release of this material to third parties.
20. RIGHT OF STADIUM MANAGERTO INSPECT RECORDS OF
CONTRACTOR.
Stadium Manager, through its authorized employees, representatives, or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for Services, to audit the books and records of Contractor for the purpose of verifying any and all charges invoiced by Contractor in connection with Contractor compensation under this Agreement, including termination •of Contractor. Contractor 14 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges invoiced to Stadium Manager. Any invoiced charges not incurred by Contractor shall be disallowed by Stadium Manager. If such charges were paid by Stadium Manager. then contractor must refund all such charges, plus interest of one percent (1 %) per month, within 60 days of identification of such charges.
Contractor shall submit to Stadium Manager any and all reports concerning its performance under this Agreement that may be requested by Stadium Manager in writing. Contractor agrees to assist Stadium Manager in meeting Stadium Manager's reporting requirements with respect to Contractor's Services hereunder.
21. FAIREMPLOYEMNT
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or maritalstatus, in violation of Applicable Law
22. HOLD HARMLESS/INDEMNIFICATION.
A. Contractor shall indemnify, defend and hold harmless the Authority, Stadium Manager and the Additional Indemnitees, and their respective officers, directors, managers, members, partners, owners and employees ("Indemnified Parties") from and against all losses, costs, suits, actions, claims, damages, amounts paid in settlement, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Losses"), resulting to, imposed upon, asserted against or incurred by any ofthem (including in any action between the parties) in connection with or arising out of(i) any breach by Contractor under this Agreement, (ii) any activity, inactivity, work or thing done or permitted by Contractor or its employees, agents or contractors in or upon the Stadium or Related Areas, including the performance of the Services, or (iii) any injury or damage to any Person or to the property of any Person caused by any action or omission of Contractor or its employees, agents or contractors.
B. If any claim, demand, action or proceeding is made or commenced by any third party (a "Third Party Claims") against any Indemnified Party; the Indemnified Party shall give Contractor prompt notice thereof; the failure to give such notice shall not affect the liability of Contractor under this Agreement except to the extentthe failure materially and adversely affects the ability of Contractor to defend the Third Party Claim. Contractor shall have the right to assume the defense and resolution of the Third Party Claim, provided that (i) the Indemnified Party shall have the rightto participate in the defense of the Third Party Claim at its own expense through counsel of its choice (control of the defense will remain with Contractor), (ii) Contractor shall not consent to the entry of any judgment or enter into any settlement that would require any act or forbearance on the part of the Indemnified Party or which does not unconditionally release the Indemnified Party from all liability in respect of the Third Party Claim or would otherwise 15 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
bring dishonor or disrepute upon Authority, Stadium Manager, any of their respective Affiliates, without the prior written consent of the Indemnified Party, and (iii) the Indemnified Party may undertake the defense of the Third Party Claim, at Contractor's expense, if Contractor fails to (A) assume the defense within ten (I 0) business days after notice from the Indemnified Party or (B) diligently prosecute the defense.
C. Without limiting any provisions or liabilities contained herein, Contractor acknowledges that it shall be responsible for any and all.costs associated with the repair or replacement of any goods or devices purchased by Stadium Manager or any Affiliate of Stadium Manager that are damaged, lost, or otherwise rendered inoperable by Contractor or any of Contractor's employees, agents, or contractors or while in the possession of Contractor or any of Contractor's employees, agents, or contractors.
23. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall purchase and maintain in full force and effect, at no cost to Stadium Manager insurance policies with respect to employees and vehicles assigned to the performance ofServices under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C.
24. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
25. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between Stadium Manager and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of Stadium Manager prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon Stadium Manager.
26. SEVERABILITY CLAUSE.
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect; it shall not affect the validity ofthe other provisions, which shall remain in full force and effect.
27. WAIVER.
Contractor agrees that waiver by Stadium Manager of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement.
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28. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to Stadium Manager addressed as follows:
Name:
Attention:
Address:
FortyNiners Stadium Management Company LLC
Jim Mercurio
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
With a CC to: Legal Affairs
4949 Marie P. DeBartolo Way
Santa Clara, -CA 95054
And to Contractor addressed as follows:
Name:
Attention:
Address:
ABM Industry Groups, LLC
Art Rodriquez •
205 Dupont Street
San Jose, CA 95126
If notice is sentvia email, a.signed, hard copy of the material shall also be mailed. The workday the email was sent shall control the date notice was deemed·given if there is a computer-generated confirmation. of receipt returned to the sender on the date of transmission. An. email transmitted after I :00 p.m .. on a.Friday shall be deemed to have been transmitted on the following Monday.
·29. CAPTIONS.
The captions of the various sections, paragraphs, and subparagraphs ofthis Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
30. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws.of the State of California. The venue of any suit filed by either Party shall be vested ·in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California; San Jose, California.
31. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and Stadium Manager regarding the construction or application of this Agreement, and claims arising out ofthisAgreem.ent or its breach, shall be submitted to mediation within thirty (3 O} days of the written request of one Party after the service of that request on the other Party.
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B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8)hours). The Parties may agree to extend the time allowed for mediation under this Agreement.
C. The costs ofmediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall.each pay their respective attorney's fees, expert witness costs, and cost of suit through mediation only. In the event of litigation, the prevailing Party shall recover its reasonable costs of suit, expert's fees, and attorney's fees. If mediation does notresolve the dispute, the Parties agree that the matter shall be litigated in a court of law, and not subject to the arbitration provisions of the Public Contracts Code.
32. COMPLIANCE WITH ETIDCAL STANDARDS.
Contractor shall:
A. Read Exhibit D, entitled "ETHICAL STANDARDS FOR CONTRACTORS
SEEKING TO ENTER INTO AN AGREEMENT WITH STADIUM
MANAGER"; and,
B. Execute Exhibit E, entitled ''AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS."
33. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties .. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no Stadium Manager, StadCo, Team, Authority, or City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could .conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise Stadium Manager if a conflict arises.
34. ·SUPPLEMENTAL PROVISIONS
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date. 18 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
[Signatures continued on next page]
19 DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
IN WITNESS WHEREOF, the Parties have caused this agreement for the performance of services to be executed by their duly appointed representatives as of the date fust above written.
STADIUM MANAGER:
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC,
a Delaware limited liability company
CONTRACTOR :
~ ~:uSigne d by:
By: ~ -•·J-wr;~ottAJ,~1,,=:;~,·IAJ) ______ _
Name: Scott Sabatino
Title: Chief Financial Officer
4949 Marie P. DeBartolo Way
Santa Clara, CA 95054
Telephone: (408) 562-4949
Fax Number: (408) 727-4937
ABM INDUSTRY GROUPS, LLC
a Delaware limited liability company
B.
Name:
Title: Pre tive Vice President, B&I
1150 South Olive Street, STE 19
Los Angeles, CA 90015
Telephone: (323) 314-3265
Fax Number: (800) 886-0025
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
ADDENDUM ONE
DEFINITIONS
The following terms shall have the meanings set forth below:
Affiliate: shall mean any Person directly or indirectly controlling or controlled by or under direct or indirect common control with a Person. For purposes of this definition, "control" when used with respect to any entity means the power to direct the management and policies of such entity, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms "controlling" and "controlled" have meanings correlative to the foregoing.
Additional Indemnitees: shall mean the Authority's Affiliates (including without limitation, the Authority's Board of Directors, the City, its City Council, and all City or Agency commissions, officers, employees, volunteers and agents), the Bayshore North Project Enhancement Authority, the Successor Agency to the Santa Clara Redevelopment Agency, StadCo and its Affiliates,the Team and any Additional Team (i.e., an additional NFL franchise that plays its '"home" games at the Stadium) (and their respective Affiliates), Manager's Affiliates (if not any of the previously mentioned Persons), each other tenant of the Stadium and each Event promoter, and any mortgagee, bond trustee or other financial institution from time to time holding a lien or indenture·upon Manager's interest in the Stadium, the Stadium Lease or the Stadium Management Agreement.
Default Rate: shall mean a rate per annum equal to the lesser of (i) fifteen percent (15.0%) and (ii) the maximumnon-usurious rate permitted by applicable law, with adjustments in that varying rate to be made on the same date as any change in that rate.
Fiscal Year: shall mean the twelve (12) month period commencing April 1 of each year after the execution ofthis Agreement, except that the first Fiscal Year will commence on the Commencement Date of the Stadi uni Lease and end on the next following March 31. If this Agreement expires or terminates on a date other than March 31 of a particular year, there· shall be a partial last Fiscal Year ending on the date of such termination. • Hazardous Substance: shall mean, as of any date: (a) any petroleum or petroleum products, flammable explosives, radioactive materials, asbestos in any form that is or could become friable; urea formaldehyde foam insulation, and transformers or other equipment that contain dielectric fluid containing polychlorinated biphenyls (PCBs); (b) any chemicals or other materials or substances which as of such date are defined as or included in the definition of "hazardous substances," "hazardous wastes," "hazardous materials," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances," "toxic pollutants," "contaminants," DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
"infectious wastes," "pollutants" or words of similar import under any environmental law; and ( c) any other chemical or other material or substance, exposure to which or use of which as of such date is prohibited, limited or regulated under any environmental law.
Person: shall mean any individual, corporation, partnership, limited liability company, association,·trust or other entity whatsoever
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
EXHIBIT A
SCOPE OF SERVICES
Contractor shall perform the following services as requested by Stadium Manager:
Cleaning Program
Contractor;s cleaning staff will be a flexible team that can adapt its procedures and processes fot different kinds of events and make considerations for the unexpected, like last-minute changes and weather. Contractor's shall provide the following cleaning services as requested by Stadium Manager:
• Pre-, During and Post-Event Cleaning
• Pressure Washing
• Concrete Sealing
• Carpet and Floor Care
• Seat Cleaning
• Changeover Crews
• Parking Lot Cleaning
Off-Season Services
For deep cleaning or detailing during the off-season, Contractor shall provide the following services to accommodate those needs as requested by Stadium Manager:
• Seat detailing
• Carpet shampooing
• Luxury/Executive Suites detailing
• Concourse stripping and resealing
• Duct cleaning
• Vent vacuuming
Sample Cleaning Specifications
Below is a listing of sample cleaning specifications. The Parties shall work in good faith to determine appropriate frequencies for each task.
Concourse
• All concrete floors shall be swept and trash removed. • Flo.ors shall be machine scrubbed or power washed when possible. • All landings shall be swept and moped. Handrails shall be dusted; glass windows shall be cleaned.
• All walls, columns, doors, payphones, fire extinguishers, ATM's, advertising signage, cabinets, signage; countertops, and tables shall be cleaned. • Cleaning of all TV monitors on concourse and with approved cleaning method and solution DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
• Vacuum and clean all carpeted floors and mats ofloose visible dirt, dust and debris. Spot clean per manufacturer's recommendations.
• All accessible glass windows, doors, and walls shall be cleaned; including all other stadium structure that is accessible (Beams, and miscellaneous fixtures). •• All trash receptacles shall be emptied, wiped down with disinfectant solution, trash removed, and clean liner replaced.
• Clean ticket sales windows and counters located on the exterior box office windows. • Clean and dust all accessible areas on sponsorship/advertising kiosk and televisions. All overhead aisle markers and lighting shall be dusted as needed. • Placement/movement of stadium appurtenances shall be maintained by contractor over the direction of stadium management (Including but not limited to:. garbage cans, stanchions, barricades, etc.)
Stadium Seating
• The entire seating areas shall be swept and trash removed. • All seating areas shall be swept, blown and washed to remove spills, stains and soils. All gum must also be removed.
• All fixed stadium seats must be inspected and cleaned nightly following an event. • Clean all seat backs, arms and chair stanchions as needed. • Clean all hand rails, glass or metal as needed.
• All trash receptacles shall be emptied, wiped out with disinfectant, trash removed and clean liner replaced.
Elevators
• All walls, doors, control panels, railing and ceilings shall be cleaned. • All stainless-steel surfaces to be cleaning with an approved cleaner. • All glass cleaned without streaks or solution byproducts. • Machine scrub if tile floor.
Suites and VIP Areas
• All carpets shall be vacuumed, spot cleaned or if needed extracted per manufacturer's specifications.
• All tile floors and linoleum to be swept and mopped.
• All walls, columns, door, counters, rails, table, appliances, televisions, stools, cabinets and wall attachments shall be cleaned .. Shine and remove spots and smudges from all metal, wood, and thoroughly clean all glass surfaces.
• All seats, both fixed and moveable shall be cleaned/extracted and spots removed. • All bar areas and millwork shall be cleaned and polished with approved products. • Outside of suite fridges to be cleaned and dusted.
• All recycling and trash receptacles shall be emptied, wiped out with a disinfectant solution, trash removed and taken to appropriate trash/recycling area located at the loading dock, and a clean liner replaced.
• Dust all light fixtures and light shades.
Locker Rooms
• All floors to be swept and mopped with a disinfectant DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
• All carpets.shall be vacuumed, extracted if needed and spot cleaned in accordance with the manufactw-er' s specifications.
• All walls, column~ doors, cabinets, counters, rails, water fountains, tables, television, furniture, payphones, appliances, and wall f!.ttachmehts shall be cleaned. • All seats,. both fixed and moveable shall be dusted, cleaned and spots.removed. • All restrooms shall be thoroughly cleaned and sanitized, including all toilets, urinals, sinks, mirrors and counters
• All toilet tissues, fa.cial tissues, and hand towels will be replenished as needed. • Lockers shall be cleaned both on the exterior and interior, as needed. • All trash receptacles shall be emptied, wiped out with a disinfectant solution, trash removed, and the can liner replaced.
Restrooms
• Empty trash cans/replace liner
• Disinfect door handles, partition handles
• All toilets, urinals, sinks, shelves, dispensers, and receptacles shall be thoroughly deaned. • Remove all scale and stains.
• Clean underside of rims on waterless urinals and toilets. Wash both sides and all toilet seats.
• Empty and clean paper towel and sanitary disposal receptacles. Damp wiping, towel drying the exposed surfaces of these units.
• All walls, partitions, counters, mirrors, and dispensers shall be cleaned to remove spots and smudges.
• Restock all soaps, air fresheners, toiler tissue, facial tissue, hand towels, seat covers and sanitary napkins night or as necessary.
• Damp wipe, polish, and shine all chrome faucets, valves, drain pipes, metal fixtw-es, bright work, hand plates, door knobs, door jams, doors, light switches, receptacle covers.
Hallways and Loading Dock
• All areas shall be swept, trash removed, and·thoroughly cleaned·. Floors shall be machine scrubbed.
• All walls, columns, floors, payphones, vending machines, fire extinguisher cabinets, advertising signage, counter tops, and tables shall be cleaned as needed. • All trash receptacles shall be emptied, wiped down with a disinfectant solution, trash removed, and the clean liner replaced.
• Auto scrub all loading dock/service areas after each event. Detail clean dock restroom after each .event and wax floor bi-monthly.
Exterior
• All exterior sidewalks, plazas, bike rack areas and pedestrian walkways shall be swept and trash removed (Including trash removal from Yellow Lots 1,2 and 3) • .Pressure· wash. and scrub concrete.in areas as needed to remove gum, stains, spots and soils to the concrete and Star emblem locations.
• Remove all trash and debris from all landscaped areas (Including San Tomas Aquino Creek trail)
• Clean and remove any trash from payphone, ATM, and ticket sales area. • Cleaning outside windows and counters;
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
• Clean all metal and glass doors, door jams and thresholds. • Clean all accessible signage, artwork, and statues.
• Placement/movement of stadium appurtenances shall be maintained by contractor over the direction of stadium management (Including but not limited to: garbage cans, stanchions, barricades, etc).
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
EXHIBIT B
CONTRACTOR COMPENSATION AND FEES
Compensation to Contractor for the Services performed under this agreement shall be paid at the rates as more fully described in Contractor's proposal entitled "Cost Proposal", which is attached to this Exhibit B.
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
• Exhibit B ABM
Building Value
F. Cost Proposal
5.04 Base Proposal
ABM Renewal
Current Rate Year Rate Year Rate Year Rate Year Rate Year 1 2 3 4 5
April 2017 April 2018 April 2019 April 2020 April 2021
• March - March • March • March • March
2018 2019 2020 2021 2022
Events
Supervisor $ 31.56 $ 32.48 $ 32.48 $ 32.48 $ 33.10 $ 33.10 Lead/Event Coordinator S 30.76 $ 31.65 $ 31.65 $ 31.65 $ 32.25 S 32.25 Window & Pressure S 23.63 S 24.32 S 24.32 $ 24.32 S 24.78 $ 24.78 Washers Utility & Compactor $ 23.63 $ 24.32 $ 24.32 $ 24.32 $ 24.78 $ 24.78 Room Parking lot Picker $ 22.62 $ 23.28 S 23.28 S 23.28 S 23.72 S 23.72 Suite/Club Staff $ 21.92 $ 22.56 $ 22.56 S 22.56 $ 22.99 S 22.99 Sweeper $ 19.02 $ 19.57 $ 19.57 S 19.57 $ 19.94 $ 19.94 /Restroomrr rash Non Events
On-Site Manager $ 69.50 $ 71.52 $ 71.52 $ 71 .52 $ 72.88 $ 72.88 Assistant Manager $ 44.95 S 46.25 S 46.25 S 46.25 $ 47.13 $47.13 Supervision $ 31 .56 S 32.48 $ 32.48 S 32.48 $ 33.10 S 33.10 Lead $ 30.76 $ 31.65 $ 31.65 $ 31.65 $ 32.25 $ 32.25
Day Porters I Gene ral S 17.28 S17.78 S 17.78 S17.78 S 18.12 S 18. 12 Cleaner DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
EXHIBITC
INSURANCE REQUIREMENTS
At all tim~s during the term hereof, Contractor shall keep and maintain in full force and effect the following types ofinsurance coverage and/or bonds:
1. Commercial general liability insurance, including property damage, against liability for personal injury~ bodily injury, death and damage to property occurring in or about the property in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate
2. Automobile liability in the amount of One Million Dollars ($1,000,000) with respect to owned, hired and non,-owned vehicles.
3. Workers compensation insurance, as required by applicable law.
4. Employer's liability in the amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by-disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Employment practices liability with limits of Five Million Dollars ($5,000,000) including third party coverage.
6. Crime insurance including employee dishonesty covering all of Contractor's agents, contractors, managers and other employees in the amount of Five Hundred Thousand Dollars ($500,000). •
7. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the amount of Five Million Dollars ($5,000,000) each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor's services.
8. Environmental liability insurance with limits of One Million Dollars ($1,000,000) per occurrence for bodily injury, property damage, and clean-up costs, including coverage for any claim, suit, or demand brought by any third party or on behalf of any governmental agency or authority, as a result of the actual, alleged, or threatened discharge, disposal, seepage, migration, release, or es:cape of any hazardous material or pollutant.
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
9. Umbrella or excess liability insurance in the amount of Ten Million Dollars ($10,000,000) providing excess coverage over general liability, auto liability, and employer's liability specified above,
The above stated limits may be achieved by a combination of primary and excess/umbrella coverage. Any deductible or self-insured retention amounts are the sole responsibility of the Contractor. Contractor is responsible for insuring any equipment brought to Stadium. Stadium Manager shall have no liability for such equipment.
AtStadium Manager's request from time to time (and in any event not less than 15 (fifteen) days prior to the expiration dates of any expiring policies or bonds furnished by Contractor), Contractor shall furnish to Stadium Manager certified copies or duplicate originals ofall policies of insurance and bonds then maintained by Stadium Manager hereunder, or a certificate supplied by each such insurer and surety showing that the insurance and bonds required hereunder are in full force and effect and showing the limits thereof and that all such policies and bonds contain the provisions and endorsements required hereunder.
All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties (as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and financial size category of A-/VII or better. All policies ofthe vendor shall be (i) primary and non-contributing with respect to any policies carried by client; (ii) with respect to commercial general liability, automobile liability, and environmental liability insurance only, a provision including Stadium Manager as Additional Insured; (iii) a waiver by the insurer of any right to subrogate against Stadium Manager (iv) a severability of interest or endorsement; (v) a provision that the insurer will not cancel or.change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice; and (vi) general liability be an "occurrence form" policy.
Arly policy of insurance required to be carried by Contractor that names Stadium Manager as Additional Insured (except environmental coverage) shall not be subject to a deductible or self-insured retention, it being the intent of the parties that such insurance shall fully and completely insure such additional insured entities for all loss or expense; if any such general liability or automobile policy has a deductible or self-insured retentionclause applicable to these operations, Contractor shall provide evidence that insurance carrier shall pay without regard to such deductible or self-insured retention. •
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
EXHIBITD
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO AN
AGREEMENT WITH STADIUM MANAGER
Termination of Agreement for Certain Acts.
A. Stadium Manager may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1 ~ If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Applicable Law; b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) perfqnning a pµblic contractor subcontract; d. Is convicted of any offense which indicates a lack of business integrity or • business honesty which seriously ariidirectly affects the present responsibility of a Stadium Manager contractor or subcontractor; and/or, e.. Made (or makes) any false ·statement(s) or representation(s) with respect~o this Agreement.
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, ~mployee or other individual associated with Contractor can For· purposes of this Agreement,. the word •~consultant" ( whether a person or a legal. entity) also refers to "Contractor" and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business E:ntity; a general partner ofa partnership; a principal in a joint venture; or a primary corporate stockholder [ i.e .• a person who owns more than ten .percent ( I 0%) of the outstanding ·stock of a corporation] and who is active in the day to day operations ofthat'corporation. 2 For purposes ofthis Agreement, the words "convicted" or "conviction'' mean a judgment or conviction ofa criminal offense by any court of competentjurisdiction, whether entered upo_n f!. verdict or a plea, and includes· a conviction entered upon a plea ofnolo contendere within the past five (5) years. 3 As used herein, "dishonesty" includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or· destruction of records, making false statements, failure to pay tax obHgations, receiving stolen property, collusion or conspiracy. •
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
be imputed to Contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of Contractor, with Contractor's knowledge, approval or acquiescence, Contractor's acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
B. Stadium Manager may also terminate this Agreement in the event any one or more of the following occurs:
1. Stadium Manager determines that Contractor rto longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or
2. If Stadium Manager determines that Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with Stadium Manager, including, but not limited to, Contractor's failure to maintain a required State-issued license, failure to obtain a Stadium Manager business license (if applicable), or failure to purchase and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the action to the Authority by filing a written request with the Authority Secretary within ten (10) days of the notice given by Stadium Manager to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the Authority Secretary. Contractor will have the burden of proof on the appeal. Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
Contractor becomes insolvent, transfers assets .in fraud of creqitors, makes an assignment for the benent of creditors, files. a petition under any section or chapter of the federal Bankruptcy Code ( I I U .S.C. ), as amended, or under any similar .law or statute ofthe United States or any state thereof, is adjudged bankrupt or insolvent in proceedings wtder such laws, or a receiver .or trustee is appointed for an • or substantially all of the assets of· Contractor.
5 Loss of personnel deemed essential by Stadium Manager forthe successful perfonnance of the obligations of Contractor to Stadium Manager.
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR .THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
EXHIBITE
AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I, [Rene Jacobsenl , being first duly sworn, depose and state I am [President &l Executive Vice President - B&~ f ABM Industry Groups, LLC, and I hereby state that I have read and understand the language, entitled "Ethical Standards" set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of "Contractor" contained in Ethical Standards at footnote 1.
Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said "Contractor" category [i.e., owner or co-owner of a sole proprietorsh ip, general partner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.
ABM INDUSTRY GROUPS, LLC
a Delaware li 'ted iability company
By: -----"-c-----J\.-----1- -'c-----------
d Person or Representative
Name: Rene Jacobsen
Title: President & Executive Vice President - B&I
NOTARY 'S ACKNOWLEDGMENT TO BE ATTACHED
Please execute the affidavit and attach a notary public's acknowledgment of execution of the affidavit by the signatory. If the affidavit is on behalf of a corporation, partnership, or other legal entity, the entity's complete legal name and the title of the person signing on behalf of the legal entity shall appear above. Written evidence of the authority of the person executing this affidavit on behalf of a corporation, partnership, joint venture, or any other legal entity, other than a sole proprietorship, shall be attached.
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of kO~ A-f'J~6',,,t,--<. )
On :&-:6~ (fe,2,0l':\-before me, t'vt.A1U.Mler0 •€ ·£a-~, ~ Pl-t8~C. , Date Here Insert Name and Title of the Officer
personally appeared _ _____ _ __,_(l-6_:::..~_ tr_- _ _;J::.-c/t..:...C<>--=--=-r'5=--k""-~=--- - - - ------ Name(s) of Signer(ef
who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/an!" subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/~ authorized capacity(js51, and that by his/~ r signature~ n the instrument the persol)(s}; or the entity upon behalf of which the person..(8Yacted, executed the instrument.
MARGARET G.E. DEL PRADO
Notary Public • CaliforRil
i . LOI Angeles County
I CommillioR ti 2155113 ..
. . . . . ... , m· ~'t' Ju:v1e2el
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and officia l seal.
- ---- -------- -- OPT/ONAL---------- -----
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document pl)~ vJ l"N- :entlCAt- C"1)'11JPML-D~ Title or Type of Document: Mi'1 D A,.J",j Of ~ Document Date: z..j l la fr-=t Number of Pages: l Signer(s) Other Than Named Above: __ _,_(\)__,.,_,,o,J;i":..:__-=---- ----- - Capacity(ies) Claimed by Signer(s)
Sig.9er's Name: ~ JAe,OC,~t;;,0
v(;orporate Officer - Title(s): ~ 1~ ~
D Partner - D Limited D General tJ/.13-~ vf
D Individual □ Attorney in Fact
D Trustee D Guardian or Conservator
0 Other: _____ ____ _ ___ _
Signer Is Representing: - - - - --..-- ---
Af$rv-- I tJ~~1)'lN) G(Wwfi . \..-u:.
Signer's Name: - ---- ------c=.------
0 Corporate Officer - Title(s~·..-::::.... _ ____ _
□ Partner - D Limited General
□ Individual ttorney in Fact
D Trustee □ Guardian or Conservator
□ Other: -,i-'--- -----------
Signer I
~~~~~~rn~~~~-g,~rn~~
©2014 National Notary Association · www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Art Rodriguez - Vice President of National Operations
Chris Braden - Housekeeping Director
Marisol Campillo - Assistant Manager
Freddy Cavazos - Day Supervisor
Jose gonzalez - Night Supervisor
DocuSign Envelope ID: E291FEB2-B4DC-4FE8-8CA3-3768F65ACF78 Agreement: P80001
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN
STADIUM MANAGER
AND
ABM INDUSTRY GROUPS, LLC
EXHIBITG
MANAGEMENT TEAM
DocuSign Envelope ID: D402B097-C983-4007-BDCC-DF2EE02DE3E4 Agreement: P80001
FIRST AMENDMENT TO AGREEMENT FOR THE PERFORMANCE OF SERVICES This FIRST AMENDMENT TO AGREEMENT FOR THE PERFORMANCE OF SERVICES (this "First Amendment"), effective as of March 10, 2017 (the "First Amendment Effective Date"), amends the AGREEMENT FOR THE PERFORMANCE OF SERVICES, dated as of February 15, 2017 (the "Agreement"), by and between Forty Niners Stadium Management Company LLC ("Stadium Manager"), a Delaware limited liability company, with principal offices at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054, and ABM Industry Groups, LLC, a Delaware limited liability company, with its principal place of business located at 205 Dupont Street, San Jose, CA 95126 ("Contractor"). Capitalized terms not defined herein have the meaning given to them in the Agreement.
WHEREAS, Stadium Manager and Contractor have agreed to modify certain insurance requirements under the Agreement;
NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, the sufficiency of which is hereby acknowledged, the Stadium Manager and Contractor agree to modify the Agreement as follows:
1. Exhibit C to the Agreement shall be amended and restated in its entirety as attached to this First Amendment.
Except as expressly set forth in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Stadium Manager and Contractor have caused this First Amendment to be executed by an authorized representative as of the First Amendment Effective Date.
ABM INDUSTRY GROUPS, LLC
By:~@-·~------=-------
Name: Art Rodriguez
Title: Vice President, Sports & Entertainment
FORTY NINERS STADIUM MANAGEMENT COMP ANY LLC
By: ---------------
Name: Scott Sabatino
Title: Chief Financial Officer
DocuSign Envelope ID: D402B097-C983-4007-BDCC-DF2EE02DE3E4 Agreement: P80001
EXIDBITC
INSURANCE REQUIREMENTS
At all times during the term hereof, Contractor shall keep and maintain in full force and effect the following types of insurance coverage and/or bonds:
1. Commercial general liability insurance, including property damage, against liability for personal injury, bodily injury, death and damage to property occurring in or about the property in the amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate
2. Automobile liability in the amount of One Million Dollars ($1,000,000) with respect to owned, hired and non-owned vehicles.
3. Workers compensation insurance, as required by applicable law.
4. Employer's liability in the amount of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) each employee, by disease, and One Million Dollars ($1,000,000) policy aggregate by disease.
5. Employment practices liability with limits of Five Million Dollars ($5,000,000) including third party coverage.
6. Crime insurance including employee dishonesty covering all of Contractor's agents, contractors, managers and other employees in the amount of Five Hundred Thousand Dollars ($500,000).
7. Liability insurance covering claims arising out of errors and omissions by vendors rendering professional services, in the amount of Five Million Dollars ($5,000,000)each occurrence including contractual liability coverage, with all coverage retroactive to the earlier of the date of agreement or commencement of Contractor's services.
8. Environmental liability insurance with limits of One Million Dollars ($1,000,000) per occurrence for bodily injury, property damage, and clean-up costs, including coverage for any claim, suit, or demand brought by any third party or on behalf of any governmental agency or authority, as a result of the actual, alleged, or threatened discharge, disposal, seepage, migration, release, or escape of any hazardous material or pollutant.
DocuSign Envelope ID: D402B097-C983-4007-BDCC-DF2EE02DE3E4 Agreement: P80001
9. Umbrella or excess liability insurance in the amount of Ten Million Dollars ($10,000,000) providing excess coverage over general liability, auto liability, and employer's liability specified above.
The above stated limits may be achieved by a combination of primary and excess/umbrella coverage. Any deductible or self-insured retention amounts are the sole responsibility of the Contractor. Contractor is responsible for insuring any equipment brought to Stadium. Stadium Manager shall have no liability for such equipment.
At Stadium Manager's request from time to time (and in any event not less than 15 (fifteen) days prior to the expiration dates of any expiring policies or bonds furnished by Contractor), Contractor shall furnish to Stadium Manager certified copies or duplicate originals of all policies of insurance and bonds then maintained by Stadium Manager hereunder, or a certificate supplied by each such insurer and surety showing that the insurance and bonds required hereunder are in full force and effect and showing the limits thereof and that all such policies and bonds contain the provisions and endorsements required hereunder.
All insurance policies and bonds required to be maintained by Contractor shall be issued by insurers or sureties ( as the case may be) reasonably satisfactory to client, authorized to do business in the state of California and having an AM Best rating and fmancial size category of A-NII or better. All policies of the vendor shall be (i) primary and non-contributing with respect to any policies carried by client; (ii) with respect to commercial general liability, automobile liability, and environmental liability insurance only, a provision including Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as Additional Insured; (iii) a waiver by the insurer of any right to subrogate against Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC (iv) a severability of interest or endorsement; (v) a provision that the insurer will not cancel or change the coverage provided by such without giving the Stadium Manager thirty (30) days' prior written notice; and (vi) general liability be an "occurrence form" policy. Any policy of insurance required to be carried by Contractor that names Stadium Manager, Santa Clara Stadium Authority, Forty Niners SC Stadium Company LLC and Forty Niners Football Company LLC as Additional Insured ( except environmental coverage) shall not be subject to a deductible or self-insured retention, it being the intent of the parties that such insurance shall fully and completely insure such additional insured entities for all loss or expense; if any such general liability or automobile liability policy has a deductible or self-insured retention clause applicable to these operations, Contractor shall provide evidence that insurance carrier shall pay without regard to such deductible or self-insured retention.
Agreement: P80001
fiijtJ ;
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
VIA CERTIFIED MAIL
ABM Industry Groups, LLC
Attn: Art Rodriquez
205 Dupont Street
San Jose, CA 95126
Dear Mr. Rodriquez,
December 10, 2021
We are writing to provide formal written notice that Forty Niners Stadium Management Company LLC is hereby exercising its option, under Section 5 of the Agreement for the Performance of Services by and between ABM Industry Groups, LLC and Forty Nine rs Stadium Management Company LLC dated February 15, 2017 (the "Agreement"), to extend the Term of our Agreement for an additional two (2) year period through March 31, 2024.
We look forward to continuing our partnership with you and your team.
Sincerely,
702□ 316□ ODDO 7822 6222
xecutive Vice President, General Manager
Forty Niners Stadium Management Company LLC
O Marie P. DeBartolo Way I Santa Clara. CA 95054
Contract Number: P80001
1 SECOND AMENDMENT TO AGREEMENT FOR THE PERFORMANCE OF SERVICES This SECOND AMENDMENT TO AGREEMENT FOR THE PERFORMANCE OF SERVICES RFORMANCE OF SERVICES, dated as of
Forty Niners Stadium Management
Company LLC with principal offices
at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054, and ABM Industry Groups, LLC, a Delaware limited liability company, with its principal place of business located at 205 Dupont Street, not defined herein have the meaning given to
them in the Agreement.
WHEREAS, Stadium Manager and Contractor entered into the Agreement for an initial term commencing April 1, 2017 and expiring March 31, 2022
held a unilateral option to renew for an additional two (2) year period; and
WHEREAS, Stadium Manager exercised the unilateral option to renew for a first renewal term commencing April 1, 2022 and expiring Marc
WHEREAS, Stadium Manager and Contractor now desire to extend the Agreement on a month-to- month basis commencing April 1, 20
NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, the sufficiency of which is hereby acknowledged, the Stadium Manager and Contractor agree to modify the Agreement as follows:
1. Amendment. The Second Renewal Term shall commence on April 1, 2024, and shall continue until the terminated by Stadium Mana
written notice to Contractor provided in no event shall the Second Renewal Term exceed six (6) months from the commencement date set forth above.
2. Amendment. Exhibit B to the Agreement is amended and restated in its entirety as attached to this Second Amendment. The revised Exhibit B shall take effect and apply to Services rendered during the Second Renewal Term.
Except as expressly set forth in this Second Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
Signatures on Following Page
DocuSign Envelope ID: FCD5620C-63A3-4545-A8D7-A319777A8728 (this "Second Amendment"), effective as of April 1, 2024 (the "Second Amendment Effective Date"), amends the AGREEMENT FOR THE PE
February 15, 2017 (the "Agreement"), by and between
("Stadium Manager"), a Delaware limited liability company, San Jose, CA 95126 ("Contractor"). Capitalized terms
("Initial Term") provided Stadium Manager
h 31, 2024 ("First Renewal Term"); and
24 ("Second Renewal Term");
ger with thirty (30) calendar days' advance
Contract Number: P80001
2 IN WITNESS WHEREOF, Stadium Manager and Contractor have caused this Second Amendment to be executed by an authorized representative as of the Second Amendment Effective Date.
ABM INDUSTRY GROUPS, LLC
By:
Name: Art Rodriguez
Title: Vice President,
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By: ___________________________________
Name: Peter Wilhelm
Title: Chief Financial Officer
DocuSign Envelope ID: FCD5620C -63A3-4545 -A8D7-A319777A8728 G
DocuSigned by:
~:9-
9DD87D1CECSC46E ...
Contract Number: P80001
3 EXHIBIT B
CONTRACTOR COMPENSATION AND FEES - SECOND RENEWAL TERM
Compensation to Contractor for the Services performed under this Agreement during the Second Renewal Term shall be paid at the rates specified below.1
SECOND RENEWAL TERM RATES
EVENTS
Supervisor/Dispatcher $35.00
Lead $33.95
Window & Pressure
Washer $30.28
Utility & Compactor Room $30.28
Suite/Club Staff $29.46
Sweeper/Restrooms/Trash $27.63
Parking Lots (NTE) $36,380.91
NON-EVENT
On-Site Manager $72.88
Assistant Manager $61.30
Supervisor $46.88
Administrative Staff N/A
Lead $32.25
Day Porters/General
Cleaner $28.30
Union Health & Wellness Actuals
1 All rates specified above are union rates but do not include health and wellness charges, which will be billed at cost as applicable.
DocuSign Envelope ID: FCD5620C-63A3-4545-A8D7-A319777A8728 1 THIRD AMENDMENT TO AGREEMENT FOR THE PERFORMANCE OF SERVICES This THIRD AM ENDMENT TO AGREEMENT FOR THE PERFORMANCE OF SERVICES (this “Third Amendment”), effective as of October 1, 2024 (the “Third Amendment Effective Date ”), amends the AGREEMENT FOR THE PERFORMANCE OF SERVICES, dated as of February 15, 2017 (the “ Agreement”), by and between Forty Niners Stadium Management Company LLC (“Stadium Manager”), a Delaware limited liability company, with principal offices at 4900 Marie P.
DeBartolo Way, Santa Clara, CA 95054, and ABM Industry Groups, LLC, a Delaware limited liability company, with its principal place of business located at 205 Dupont Street, San Jose, CA 95126 (“Contractor”). Capitalized terms not defined herein have the meaning given to them in the Agreement.
WH
EREAS, Stadium Manager and Contractor entered into the Agreement for an initial term commencing April 1, 2017 and expiring March 31, 2022 (“Initial Term”) provided Stadium Manager held a unilateral option to renew for an additional two (2) year period; and
WHEREAS, Stadium Manager exercised the unilateral option to renew for a first renewal term commencing April 1, 2022 and expiring March 31, 2024 (“First Renewal Term”); and
WHEREAS, Stadium Manager and Contractor agreed to extend the Agreement on a month-to-month basis up to a maximum of six (6) months commencing April 1, 2024 (“Second Renewal Term”);
WHEREAS, Stadium Manager and Contractor now desire to further extend the Agreement on a month-to-month basis up to a maximum of six (6) months commencing October 1, 2024 (“Third Renewal Term”).
NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, the sufficiency of which is hereby acknowledged, the Stadium Manager and Contractor agree to modify the Agreement as follows:
1. Amendment.
The Third Renewal Term shall commence on October 1, 2024, and shall continue until the terminated by Stadium Manager with thirty (30) calendar days’ advance written notice to Contractor provided in no event shall the Third Renewal Term exceed six (6) months from the commencement date set forth above.
2. Amendment. Exhibit B to the Agreement is am ended and restated in its entirety as attached to this Third Amendment. The revised Exhibit B shall take effect and apply to Services rendered during the Third Renewal Term.
Except as expressly set forth in this Third Am endment, all other terms and conditions of the Agreement shall remain in full force and effect.
Signatures on Following Page
2 IN WITNESS WHEREOF, Stadium Manager and Contractor have caused this Third Amendment to be executed by an authorized representative as of the Third Amendment Effective Date.
ABM INDUSTRY GROUPS, LLC
By:
Name: Art Rodriguez
Title: Vice President, Sports & Entertainment
FORTY NINERS STADIUM MANAGEMENT COMPANY LLC
By: ___________________________________
Name: Francine Hughes
Title: EVP & General Manager
3 EXHIBIT B
CONTRACTOR COMPENSATION AND FEES - THIRD RENEWAL TERM
Compensation to Contractor for the Services performed under this Agreement during the Third Renewal Term shall be paid at the rates specified below.1
THIRD RENEWAL TERM RATES
EVENTS
Supervisor/Dispatcher $35.00
Lead $33.95
Window & Pressure
Washer $30.28
Utility & Compactor Room $30.28
Suite/Club Staff $29.46
Sweeper/Restrooms/Trash $27.63
Parking Lots (NTE) $36,380.91
NON-EVENT
On-Site Manager $72.88
Assistant Manager $61.30
Supervisor $46.88
Administrative Staff N/A
Lead $32.25
Day Porters/General
Cleaner $28.30
Union Health & Wellness Actuals
1 All rates specified above are union rates but do not include health and wellness charges, which will be billed at cost as applicable.
Date: August 27, 2024
To: Jovan Grogan
Executive Director
Santa Clara Stadium Authority
From: Jenti Vandertuig
Procurement Director
Forty Niners Stadium Management Company LLC
Subject: Recommendation to Amend Agreement with ABM Industry Group, LLC for Janitorial Services
Recommendation
Recommend approval to execute the third amendment to the agreement with ABM Industry Group, LLC to extend the term of the agreement on a
month-to-month basis that will not exceed six months, commencing October 1, 2024 with thirty
Reasons for Recommendation
On January 26, 2017, Forty Niners Stadium Management Company LLC (Stadium Manager) issued a Request for Proposal for janitorial services ed an agreement with ABM Industry Group, LLC for a five-year term, beginning April 1, 2017 through March 31, 2022 with an option to extend the agreement for a two-year term through March 31, 2024.
Stadium Manager exercised the option to extend the agreement through March 31, 2024. This recommendation was reviewed and approved by the Santa Clara Stadium Authority (SCSA) prior to the execution of the agreement.
Janitorial services are used for year-around daily cleaning services; annual deep cleaning; cleaning at seating bowl events and games which consists of pre-event, event, and post-event cleaning when the seating bowl is utilized for the event; cleaning at catered events facilitated by Special Events team, such as proms, parties, receptions, etc., and for ancillary services such as parking lot cleaning, and window washing.
On March 1
end the
agreement to exercise the option to extend the agreement commencing April 1, 2024 on a month- to-month basis that will not exceed six months
contractor to terminate the agreement. The plan was to issue a formal solicitation and bring forth ,,~,, , ... ~
STADIUM
FORTY NINERS STADIUM MANAGEMENT COMPANY
at Levi's Stadium
for janitorial services at Levi's Stadium
calendar days' advance notice to contractor to terminate the agreement. at Levi's Stadium and award
9, 2024, the SCSA Board approved Stadium Manager's request to am , with thirty calendar days' advance notice to
1 a recommendation to the SCSA Board for a new multi-year agreement.
As planned, on May 6, 2024, Stadium Manager issued a comprehensive formal solicitation for janitorial services ived on June 12, 2024. Stadium
Manager is in the process of evaluating the proposal responses and it is anticipated that the selection process including negotiations of business, legal and cost terms and conditions will be completed in September 2024 and a recommendation to award for a multi-year agreement will be presented to the SCSA Board in October 2024 by the Stadium Manager. Given the nature of the services, additional time is required to effectively manage the transition depending on the recommended contractor through the formal solicitation process. Therefore, an extension of the current agreement on a month-to-month basis that will not exceed six months, with thirty calendar
to contractor to terminate the agreement is recommended for continuity of business to keep the Stadium operational. The rates will remain the same during the extended term.
Fiscal Impact
The monthly expense for the routine ABM cleaning services is in the range of $110,000 - $120,000 per month, which is charged 50% to SCSA and 50% to StadCo. There are separate charges for NFL and Non-NFL events, which are charged directly to the events. Accordingly, the estimated cost to the SCSA during the recommended extension period would be approximately $57,500 per month and such costs are included in the Stadium Operations FY24/25 budget.
Next Steps
Once approved, Stadium Manager will forward a copy of the executed amendment to the SCSA.
Submitted By: Date:
Jenti Vandertuig, Procurement Director
at Levi's Stadium and proposals were rece
days' notice
~
DocuSigned by:
~v~
A4B5666FSBF147D ...
9/5/2024
2 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-810 Agenda Date: 9/24/2024
REPORT TO COUNCIL
SUBJECT
Public Hearing: Approval of the 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for Submission to the U.S. Department of Housing and Urban Development (HUD)
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The City of Santa Clara receives entitlement funds from the United States Department of Housing and Urban Development (HUD) through HUD’s Community Development Program. The funds allocated to the City are Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) funds. These funds are provided for programs and activities that benefit low- income persons and households. The City develops a five-year strategic plan called a Consolidated Plan (ConPlan), which identifies housing and community needs of low-income persons within the City,identifies and prioritizes resources to address those needs, and establishes annual goals and objectives to measure performance. The current ConPlan was approved by the City Council on May 12, 2020.
During each year of the five-year ConPlan cycle, the City prepares an Annual Action Plan. The Annual Action Plan provides a summary of the projects, activities, and the specific federal and non- federal resources that will be allocated to address the priority needs and specific goals identified in the ConPlan. The 2023-2024 Annual Action Plan was approved by the City Council on May 9, 2023.
At the end of each program year, the City reports its progress and accomplishments to HUD. This year-end report is called the Consolidated Annual Performance and Evaluation Report (CAPER).
This 2023 CAPER reports on the 2023-2024 Program Year; the fourth year of the current ConPlan cycle.
DISCUSSION
The 2023 CAPER, following a format established by HUD, summarizes the City's HUD program accomplishments during the program year, the number of beneficiaries, and the resources used to complete the specified activities and projects. The major accomplishments include, but are not limited to, the following highlighted below.
Tenant Based Rental Assistance (TBRA). TBRA provided rental and deposit assistance to homeless households or those at risk of becoming homeless with incomes at or below 60% of the Area Median Income (AMI). A total of 27 households were assisted, comprising 38 adults and 38 children. Case management services were also provided and funded through City special revenue funds.
Funds spent: $436,960 (HOME), and $237,406 (City Affordable Housing Funds and City City of Santa Clara Printed on 9/20/2024Page 1 of 3
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24-810 Agenda Date: 9/24/2024
Housing Successor Funds), totaling $674,366.
Public Services & Homelessness Services. CDBG, HOME ARP, and local funds were awarded to fund 14 different public service activities such as meals, legal services, senior care, landlord and tenant mediation, case management services, homelessness prevention, fair housing, housing assistance to low-income residents, mobile shower and laundry for unhoused residents, and support for survivors of domestic violence. Approximately 2,761 people benefited from these services . Funds
spent: $171,586 (CDBG), $92,197 General Fund, $110,000 (City Housing Successor Funds), $65,000 (City Affordable Housing Funds), and $27,767 (HOME ARP) totaling $466,550.
Capital Improvement Projects. 13 households benefited from capital improvements through the City’s Neighborhood Conservation and Improvement Program and Rebuilding Together Silicon Valley’s Minor Home Repair Program. Together, these programs assist homeowners to rehabilitate their homes by addressing building/housing code deficiencies, abatement of hazardous conditions, and accessibility needs.
Funds Spent: $88,963 (NCIP CDBG Funds) and $124,047 (Rebuilding Together CDBG Funds), totaling $213,010.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense to produce the 2023- 2024 CAPER.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected]
or at the public information desk at any
City of Santa Clara
A public notice announcing the availability of the CAPER for review and the start of the 15-day public review period was published in the Santa Clara Weekly on September 4, 2024. The public review period runs from September 4 - September 24, 2024 and provides the public the opportunity to review and comment on the CAPER prior to HUD submission. Comments received during the public review period will be incorporated into the final version of the CAPER.
ALTERNATIVES
1. No Action. Should the Council choose to not take action, HUD may withhold future funding until the CAPER is submitted.
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24-810 Agenda Date: 9/24/2024
RECOMMENDATION
1. Approve the 2023-2024 Consolidated Annual Performance and Evaluation Report (Attachment 1) and authorize the City Manager, or his designee, to execute the documents for submission to the U.S. Department of Housing and Urban Development (HUD) by September 27, 2024 unless otherwise directed by HUD.
2. Direct staff to incorporate all public comments into the final version to be submitted to HUD on or before September 27, 2024.
Reviewed by: Reena Brilliot, Acting Director of Community Development Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. 2023-2024 Consolidated Annual Performance Evaluation Report (CAPER) City of Santa Clara Printed on 9/20/2024Page 3 of 3
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CONSOLIDATED
ANNUAL
PERFORMANCE
AND EVALUATION
REPORT (CAPER)
Program Year 2023-2024
City of Santa Clara
Prepared by:
Housing & Community Services
1500 Warburton Ave.
Santa Clara, CA 95050
•
Contents
Overview ................................ ................................ ................................ ................................ .... 1 CR-05 Goals and Outcomes – 91.520(a) ................................ ................................ ................... 1 CR-10 Racial and Ethnic Composition of (persons/households /families) Assisted .................... 7 CR-15 Resources and Investments – 91.520(a) ................................ ................................ ......... 8 CR-20 Affordable Housing – 91.520(b) ................................ ................................ .....................12 CR-25 Homeless and Other Special Needs – 91.220(d, e); 91.320(d, e); 91.520(c) .................14 CR-30 Public Housing – 91.220(h); 91.320(j) ................................ ................................ ............17 CR-35 Other Actions – 91.220(j)-(k); 91.320(i)-(j) ................................ ................................ ......18 CR-40 Monitoring – 91.220 (d,e); 91.520 ................................ ................................ ..................22 CR-45 - CDBG – 91.520(c) ................................ ................................ ................................ .......23 CR-50 HOME – 91.520(d) ................................ ................................ ................................ .........24
2023-2024 CAPER 1
Overview
The City of Santa Clara receives entitlement funds from the United States Department of Housing and Urban Development (HUD) through HUD’s Community Planning and Development (CPD) program. The funds allocated to the City are Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) funds. These funds are provided for programs and activities that benefit low-income persons and households. The City develops a 5‐ year strategic plan called a Consolidated Plan (ConPlan) which identifies housing and community needs of low-income persons within the City, identifies and prioritizes resources to address those needs, and establishes annual goals and objectives to measure performance.
The ConPlan was approved by council on May 12, 2020.
During the 5-year ConPlan cycle, the City develops Annual Action Plans for each year. The Annual Action Plan provides a summary of the projects, activities, and the specific federal and non-federal resources that will be allocated to address the priority needs and specific goals identified in the ConPlan. The 2023-2024 Annual Action Plan was approved by the City Council on May 9, 2023.
At the end of each program year, the City reports on its progress and accomplishments. This year-end report is called the Consolidated Annual Performance and Evaluation Report (CAPER). This 2023 CAPER reports on activities performed during the 2023-2024 Program Year; the fourth year of the 2020-2025 ConPlan cycle.
CR-05 Goals and Outcomes – 91.520(a)
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
Program Year 2023 is year four of the 2020-2025 ConPlan. Data in Table 1 highlights key accomplishments and shows progress towards the ConPlan goals. Results for activities funded with local funds are noted in this narrative rather than the table. A summary of each ConPlan goal are:
Affordable Housing Goal – The ConPlan has a 5-year goal of assisting 420 households. The Goal Outcome Indicators stated in the ConPlan that make up the 420 households are:
215 households receiving homeowner rehabilitations through the Neighborhood Conservation Improvement Program (NCIP) and the minor repair program. 5 rental units rehabilitated.
200 households to receive Tenant Based Rental Assistance (TBRA).
2023 – 2024 CAPER 2
For Program Year 2023, the progress towards the Affordable Housing goal is:
NCIP. One large scale rehabilitation project was completed with NCIP loans. Funds Spent (approx.): $88,963 was drawn in FY22/23 from IDIS activity #1057 (CDBG).
Minor Repair Rehabilitation. 12 minor repair projects received grants through Rebuilding Together Silicon Valley. Funds Spent (approx.): $124,047 (CDBG).
Tenant Based Rental Assistance (TBRA). TBRA provided rental and deposit assistance to homeless households or those at risk of becoming homeless with incomes at or below 60% of the Area Median Income (AMI). 27 households were assisted that comprise of 38 adults and 38 children. Case management services were also provided and funded through City special revenue funds. Funds spent (approx.): $436,930 ($256,200 was drawn in FY23/24 and $180,730 was drawn in FY24/25, but it was for program year 2023-2024) (HOME).
Homelessness Goal – The ConPlan has a 5-year goal of assisting 515 people with Homelessness Prevention and Case Management services. The Goal Outcome Indicators that make up the 515 households are:
315 households to receive homeless prevention services for domestic violence survivors.
200 homeless households to receive case management services funded with local funds.
For Program Year 2023, the progress towards the ConPlan goal of Homelessness is:
Next Door Solutions. 72 households affected by domestic violence received services, exceeding the annual goal of 69 households. Funds Spent: $27,767 (HOME-ARP).
County Homeless Prevention and Intensive Case Management Program. 504 Santa Clara affiliated individuals received homelessness prevention services and 178 homeless households were enrolled in case management services. Funds Spent:
$175,000 (Local funds).
TBRA Case Management. 27 TBRA households received case management services.
Funds Spent: $237,406 (Local funds).
Public Services Goal – The ConPlan has a 5-year goal of assisting 10,020 persons through various Public Services.
For Program Year 2023, the progress towards the ConPlan goal of 10,020 persons are:
691 households received a variety of public services from six non-profit agencies. Funds spent: $171,586 (CDBG).
1,494 persons received a variety of public services from non-profit agencies funded with local dollars. Funds spent: $92,197 (Local)
2023 – 2024 CAPER 3
Fair Housing – The ConPlan has a 5-year goal of assisting 150 households assisted with Fair Housing services.
For Program Year 2023, 31 households received assistance. Funds spent: $22,197 (HOME).
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Table 1 provides numeric detail on activities completed in Program Year 2023, and progress made toward meeting the ConPlan goals and objectives. Although some of the public service agencies did not meet their annual goal, the City is still on pace to meet its overall five-year goals.
2023-2024 CAPER 4
Table1 (CR-05) – Accomplishments – Program Year & ConPlan to Date Goal Category Source and
Amount
Indicator Unit of
Measure
Expected
2020-2025
Strategic
Plan
Actual
2020-2025
Strategic
Plan
Percent
Complete
of 5-year
Goal
Expected
PY
2023
Actual
PY
2023
Percent
Complete
PY 2023
Admin.
Other –
Admin. of
CDBG &
HOME
HOME:
$39,413.42
CDBG:
$272,673.65
Other Other 0 0 0% 0 0 0%
Affordable
Housing
Affordable
Housing
CDBG:
$192,743.04
Homeowner
Housing
Rehabilitated
Household
Housing Unit 215 55 25.58% 45 13 28.89%
HOME:
$390,138.51
Rental units
rehabilitated
Household
Housing Unit 5 0 0% 1 0 0%
TBRA/Rapid
Rehousing
Households
Assisted 200 153 76.50% 30 27 90%
Fair
Housing
Affordable
Housing
Non-
Homeless
Special
Needs
HOME:
$22,197
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Households
Assisted 150 106 71% 30 31 103%
Homeless
Homeless HOME-ARP:
$30,000
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 315 214 67.94% 72 72 100%
Homeless
County
Case Mgt.
&
Homeless
Prevention
CHSF:
$249,989.49
CAHF:
$272,416.41
Homelessness
Prevention
Persons
Assisted 200 1,031 507% 595 1,329 223%
Public
Facility
Impr.
Public
Facilities
CDBG:
$163,950
Public Facility or
infrastructure
activities other
than low/mod
income housing
benefit
Households
Assisted 150 0 0% 0 0 0%
Public
Services
Non-
Homeless
Special
Needs
CDBG:
$171,586
Nonprofit
agencies
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 7,045 3,621 51.40% 770 691 89.74%
Non-
Homeless
Special
Needs
General
Fund
$95,264
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 2975 4,847 163% 1,380 1,329 96.30%
Non-
Homeless
Special
Needs
General
Funds:
$0
Public service
activities
Low/Moderate
Income Housing
Benefit (ERAP)
Households
Assisted 250 261 104% 0 0 0%
2023 – 2024 CAPER 5
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The ConPlan describes the following priorities and objectives in order to guide programmatic decisions and resource allocation:
Affordable Housing: Support affordable housing for low-income and special needs households. This includes funding new affordable housing developments, rent subsidies, and rehabilitation of single and multi-family housing.
There are four housing problems that are measured by ACS Comprehensive Housing Affordability Strategy (CHAS) data that give a glimpse into the conditions of households:
1) Incomplete kitchen facilities;
2) Incomplete plumbing facilities;
3) More than 1 person per room; and,
4) Cost Burden. The ratio of housing costs to household income.
A. Cost Burden of greater than 30% and less than 50%.
B. Severe Cost Burden of greater than 50%.
According to 2016-2020 CHAS data, 17,505 of the 44,200 households in Santa Clara (or
39.70%) experience at least one of the four Housing Problems. Further, 18.24% of households have a housing cost burden greater than 30% but less than 50%, and 14.85% experience severe cost burden in which their housing expenses exceed 50% of their income. Taking into consideration those two data points, one third of all Santa Clara households have a housing cost burden greater than 30%.
The CDBG-funded Neighborhood Conservation and Improvement Program (NCIP) continued to see low interest coming out of the pandemic. In preparation for the 2023-2024 program year, the City increased its marketing of the NCIP program. The City has also advertised the program to contractors to increase the pool of contractors for the program.
Currently, there are two NICP projects under construction and approximately ten people on the waitlist. Rebuilding Together Silicon Valley has also increased their program’s advertising and is seeing more applicants.
The HOME-funded Tenant Based Rental Assistance (TBRA) program addresses the goal of Affordable Housing. The TBRA program assisted 27 households with rental subsidies, and used local funds to provide the households with case management. The households were comprised of 38 adults and 38 children (72 people).
2023 – 2024 CAPER 6
Public Services: Several non-profit partners provide services to the Santa Clara low-income residents. Most agencies have returned to pre-pandemic service numbers. The agencies serve at risk youth, seniors, adults with developmental disabilities, and the homeless population. The City also infuses local funds to fund some public services which helps to stretch HUD funding.
Homelessness: Next Door Solutions to Domestic Violence, funded through HOME-ARP funds, provides services to those impacted by domestic violence. The agency assisted 72 persons during the program year. The City also uses local funds to provide funding to the County of Santa Clara’s Office of Supportive Housing to administer case management services to 20 homeless households and provides Homeless Prevention services. The City uses non-federal funds to support weekly mobile shower and laundry services in partnership with WeHope.
Fair Housing: The City used HOME funds to fund Project Sentinel, a non-profit agency, that promotes Fair Housing choice through funding education, counseling, advocacy, investigation, conciliation, and enforcement of Fair Housing regulations. 31 households were assisted.
Capital Improvement Projects: The City currently has five capital improvement projects under contract. The projects consist of elevator repairs to an affordable housing project and a non- profit facility, rehabilitation to affordable housing units, rehabilitation to a facility which houses adults with developmental disabilities, and electrical upgrades to an affordable housing complex. Results of these projects will appear in future CAPERS.
2023 – 2024 CAPER 7
CR-10 Racial and Ethnic Composition of (persons/households /families) Assisted
Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a)
CDBG HOME LOCAL
White 399 79 104
Black or African American 43 13 21
Asian 173 16 58
American Indian/Alaska Native 17 0 0
Native Hawaiian or Other Pacific Islander 5 0 0
Asian & White 10 0 0
Black/African American & White 3 0 0
American Indian/Alaska Native & White 8 5 0
Other Multi-Racial 46 17 35
Total 704 130 218
Hispanic 155 76 23
Not Hispanic 549 54 195
Table 2 (CR-10) – Table of assistance to racial and ethnic populations by source of funds Narrative
The City’s population is 131,062. The two largest demographics are White (34.8%) and Asian (47.2%). The two largest demographics of beneficiaries are also White (56.7%) and Asian (24.6%). Of all beneficiaries, 27.7% identified as Hispanic while 15.3% of the overall City population identifies as Hispanic. Data derived from the United States Census.
NOTE: IDIS did not have space for other demographics AND other funding sources that were identified.
See added table for a more detailed account of participant and demographic data.
2023 – 2024 CAPER 8
CR-15 Resources and Investments – 91.520(a)
Identify the resources made available
Source of
Funds Source Resources
Made Available
Amount
Expended During
Program Year
CDBG CDBG Allocation and Program Income $2,185,670 $509,860.76 HOME HOME Allocation and Program Income $881,000 $440,551.93 HOME-ARP HOME – American Rescue Program $50,000 $49,361.79 Gen. Fund General Fund $95,264 $95,264.00
Other City Affordable Housing Fund $225,697 $162,416.41 Other City Housing Successor Fund $250,000 $249,989.49
Table 1 - Resources Made Available
Narrative
The City of Santa Clara used CDBG, HOME funds, and local funds to carry out the objectives identified in the 5-Year ConPlan. These activities were performed throughout the City, with no directed geographic concentration of resources.
CDBG: CDBG resources that were available in Program Year 2023 totaled $2,185,670. $192,743.04 was used for homeowner rehabilitation activities (i.e., Rebuilding Together Silicon Valley, NCIP and project delivery costs) which addressed the Goal Outcome Indicator of Affordable Housing. $171,586 was used for Public Services such as youth and senior services which addressed the Goal Outcome Indicator of Public Services. $272,673.65 was used for Administration.
HOME: HOME resources that were available in Program Year 2023 totaled $881,000. $390,138.51 was used for Tenant Based Rental Assistance Program Goal Outcome Indicator of Affordable Housing. $11,000 was used for Fair Housing Services.
HOME-ARP: $49,361.79 was drawn. $21,594.94 was spent on the administration of HOME- ARP activities, and $27,766.84 was spent on Homelessness Services.
GENERAL FUNDS: General Fund resources that were available in Program Year 2023 for public services totaled $95,264. All funds were dispersed.
CITY AFFORDABLE HOUSING FUND (CAHF): CAHF resources that were available in Program Year 2023 totaled $225,697. $162,416.41 was spent to address the ConPlan Goal Outcome Indicator of Homelessness through case management services.
2023 – 2024 CAPER 9
CITY HOUSING SUCCESSOR FUND (CHSF): CHSF resources that were available in Program Year 2023 totaled $250,000. $249,989.49 was used to address the ConPlan Goal Outcome Indicator of Homelessness through case management services for TBRA participants and the County’s homeless prevention program and intensive case management.
Identify the geographic distribution and location of investments:
Target
Area
Planned %
of Allocation
Actual %
of Allocation
Narrative
Description
Citywide 100 100 Service area
Table 2 – Identify the geographic distribution and location of investments Narrative
All activities and programs were open to all low-income residents in the City of Santa Clara.
Leveraging:
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year $7,247,369.57
2. Match contributed during current Federal fiscal year $130,954.24
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $7,378,323.81
4. Match liability for current Federal fiscal year $81,349.89
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $7,296,973.92 Table 3 – Fiscal Year Summary - HOME Match Report
The PR-33 (HOME Matching Liability Report) shows the required match contribution to be $81,349.89. The City met its match requirement through the exemption of property taxes and carry-over match from prior program years. Further, the City was able to use local funds of to pay for case management services for TBRA clients. Locally funded case management services for our TBRA clients have resulted in a more comprehensive and successful program for our previously homeless families. Lastly, CDBG funds are leveraged private funds from our nonprofits to allow for more beneficiaries served.
The City has used public lands to address ConPlan goals. Some projects are in the construction phase while others are still in the planning stages.
2023 – 2024 CAPER 10
Match Contribution for the Federal Fiscal Year
Project
No. or
other ID
Date of
Contribution
Cash
(non-
Federal
sources)
Foregone
Taxes, Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials
Bond Total Match
#10 -
Liberty
Tower
04/10/2024 0 $54,410.29 0 0 0 0 $54,410.29
#20 - BWC
Jackson
St.
04/10/2024
0 $13,946.81 0 0 0 0 $13,946.81
#21 - SC
Senior
Homes
04/10/2024
$9,831.97 0 0 0 0 $9,831.97
#210 -
BWC
Main St.
04/10/2024
0 $7,273.36 0 0 0 0 $7,273.36
#254 - De
La Cruz
04/10/2024
0 $11,547.83 0 0 0 0 $11,547.83
#326 -
Briarwood
04/10/2024
0 $12,278.62 0 0 0 0 $12,278.62
#639 -
Cypress
04/10/2024
0 $11,426.64 0 0 0 0 $11,426.64
HUD
funded -
Shafer
House
04/10/2024
0 $10,238.71 0 0 0 0 $10,238.71
Table 4 - Match Contribution for the Federal Fiscal Year HOME Program Income
Program Income – Enter the program amounts for the reporting period Balance on hand at
beginning of
reporting period
$
Amount received
during reporting period
$
Total amount expended
during reporting period
$
Amount expended
for TBRA
$
Balance on hand at end
of reporting period
$
$175,424.66 $50,369.02 $17,886.45 $9,291.71 $207,907.23 Table 5 – Program Income
2023 – 2024 CAPER 11
HOME MBE/WBE report
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period
Total Minority Business Enterprises White Non-
Hispanic Alaskan Native or
American Indian
Asian or Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Number 0
Dollar Amount 0 0 0 0 0 0
Sub-Contracts
Number
Dollar Amount
Total Women Business
Enterprise
Male
Contracts
Number 0 0 0
Dollar Amount 0 0 0
Sub-Contracts
Number
Dollar Amount
Table 6 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted
Total Minority Property Owners White Non-
Hispanic Alaskan Native or
American Indian
Asian or Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0
Dollar Amount 0
Table 7 – Minority Owners of Rental Property
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0
Businesses Displaced 0
Nonprofit Organizations Displaced 0
Households Temporarily Relocated, not Displaced 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan Native
or American
Indian
Asian or Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0
Cost 0
Table 8 – Relocation and Real Property Acquisition
2023 – 2024 CAPER 12
CR-20 Affordable Housing – 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year
Goal
Actual
Number of Homeless households to be provided affordable housing units 30 27 Number of Non-Homeless households to be provided affordable housing units 15 12 Number of Special-Needs households to be provided affordable housing units 0 0 Total 45 39
Table 9 – Number of Households
One-Year
Goal
Actual
Number of households supported through Rental Assistance 30 27 Number of households supported through The Production of New Units 0 0 Number of households supported through Rehab of Existing Units 15 12 Number of households supported through Acquisition of Existing Units 0 0 Total 45 39
Table 10 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Homeless households to be provided affordable housing units. The City had a goal of 30 households to be assisted through its TBRA program and assisted 27. Larger household sizes and new households entering the program requiring deposit assistance have resulted in a lower number of households assisted. Most households require an extra year of assistance. This results in the program halting new entrants when the program number reaches approximately 25 households. This is required so that the program does not run out of funding while participants are still under lease requirements.
Number of Non-Homeless households to be provided affordable housing units. The City anticipated assisting 15 households through its NCIP and Minor Repair (Rebuilding Together Silicon Valley) programs. The City assisted 12 households. It would have assisted 13, but one of the NCIP projects is still under construction.
Discuss how these outcomes will impact future annual action plans.
The TBRA goals will likely be reduced to 20 households. The City doesn’t anticipate any increases in program income from year to year, and the HOME entitlement amount has experienced a couple of reductions from year to year over the past ConPlan cycle. The NCIP and Minor Repair numbers will likely increase. This is due to the City ramping back up its efforts in marketing the NCIP program and hiring a housing inspector.
2023 – 2024 CAPER 13
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
CDBG HOME
Income Levels Owner Occupied Renter Occupied Owner Occupied Renter Occupied Extremely Low (<=30%) 5 0 0 27
Low (>30% and <=50%) 5 0 0 0
Mod (>50% and <=80%) 2 0 0 0
Total Low-Mod 12 0 0 27
Non Low-Mod (>80%) 0 0 0 0
Total Beneficiaries 12 0 0 27
Table 11 – Number of Households Served
Narrative Information
This table displays the number of households assisted at each income level that received housing assistance during the program year. All renter data is from the TBRA program, while owner data is from our NCIP and Minor Repair programs.
2023 – 2024 CAPER 14
CR-25 Homeless and Other Special Needs – 91.220(d, e);
91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City of Santa Clara has endorsed the regional Community Plan to End Homelessness, which serves as the roadmap for ending homelessness across Santa Clara County. The City conducted a Homelessness Taskforce and outreach process in summer/fall 2022 and drafted a local homelessness response plan to guide city efforts and to address local needs. In partnership with WeHope, the City has continued to fund a weekly mobile shower and laundry service since Spring of 2022. The service also provides linkages to other services. For the 2023 PY, the service served 165 clients with showers and/or laundry. The Santa Clara Police Department’s Community Response Team also continues to contact unhoused individuals on a daily basis, offering connections to emergency shelter and services.
Addressing the emergency shelter and transitional housing needs of homeless persons Interim Housing Solutions:
Congregate Shelter: Bill Wilson operates a runaway shelter in Santa Clara for homeless youth.
This shelter has 20 beds.
Domestic Violence Shelter: The City spent $27,767 of HOME-ARP funds to Next Door Solutions for case management and support services for residents of HomeSafe Santa Clara, an affordable transitional housing property for survivors of domestic violence, serving 50-70 individuals depending on household sizes.
Non-congregate Shelter: Bill Wilson Center manages 15 transitional living group homes (5-6 bedrooms each) where they place homeless youth and help persons transitioning out of the foster care system. In collaboration with Santa Clara County and CISCO, the Western Motel on El Camino Real was renovated and repurposed as a Transitional Housing Program. Now known as Covenant House California, it is a full-service housing program site for up to 30 people, ages 18-24, that are transitioning out of the foster care system.
Resources from Community Development and the County renovated the “Bella Vista Inn” and opened 64 units of interim housing in early 2023. This site operates as interim housing for approximately two years before it will expand with a second building and convert into permanent supportive housing.
Outreach: The Santa Clara Police Department Community Response Team conducts regular street outreach and performs crisis intervention. The team works with Abode Services and maintains a list of homeless and unsheltered individuals considered to be the City's most vulnerable to incidences of both personal and public safety and makes referrals to the County based on this list.
2023 – 2024 CAPER 15
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from agencies that address housing, health, social services, employment, education, or youth needs
Tenant Based Rental Assistance: 20-25 households receive assistance annually at a cost of roughly $800,000. Although the majority of TBRA participants come from the County’s Coordinated Assessment Queue and are homeless prior to entering the program, there are some that fall under the category of being “at risk” of being homeless. The City does not have a specific program for assisting those discharged from publicly funded institutions and systems of care. The County of Santa Clara Office of Supportive Housing takes the lead to assist clients in this category and the City coordinates with the County to receive referrals to our locally funded TBRA program that assists individuals that have a high use of police and/or hospital resources.
Those exiting such facilities are assessed and placed into the County’s Coordinated Assessment list based on their housing need.
Foster Care & Transition: The Bill Wilson Center, which specializes in young adults exiting the foster care system. Bill Wilson can refer some of their clients to the TBRA program in order to prevent them from possibly becoming homeless as they exit the foster care system.
In June 2023, Santa Clara City Council approved a $250,000 two-year Agreement for the Santa Clara County Permanent Supportive Housing Program and $100,000 for the Homeless Prevention Program. The County of Santa Clara provides case management on an ongoing basis for up to 20 homeless and chronically homeless individuals. Additionally, under the Agreement, the County provides housing subsidies at no additional cost to the City of Santa Clara. To further the goal of ending homelessness in Santa Clara, County’s Homeless Prevention Program is a countywide initiative in which several jurisdictions participate to provide eligible households with emergency assistance such as rent, security deposits, food, work related transportation, medical assistance, and utilities assistance to prevent homelessness. In this program year, 504 Santa Clara residents were assisted by the County’s HPP program.
April 2021: The City approved a loan agreement with Allied Housing for a $4,000,000 loan to Support the Construction of 80 Affordable Housing Units, 39 of these units were set aside for formerly chronically homeless senior (55+) residents. The project is now complete and fully leased up.
May 2021: Calabazas Community Affordable Apartments has completed construction and is now occupied and has closed on permanent financing. The Calabazas Apartments provides 144 units of affordable housing including 80 units of supportive housing at 3311 Kifer Road.
2023 – 2024 CAPER 16
June 2023: Closed financing on Agrihood by Core companies, a $250 million mixed-use development on city-owned land, which includes 108 units at 30% AMI or lower. The project is now complete, fully leased and has closed on permanent financing.
April 2022: In spring 2022, the City closed a loan with Freebird Development for $6.5M to support the construction of 64 affordable housing units, 16 of which will be set aside for persons with developmental disabilities. The project is located at 2330 Monroe Street and is now complete and fully leased up. The project will close on permanent financing in 2024.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.
The TBRA program assists homeless households with an emphasis on assisting families with children. Participants receive locally funded case management services. The goal is to reduce their housing costs for the time they are in the program and get them on affordable housing development lists, improve their credit, get out of debt, and develop a history of tenancy. The goal is for the participants to transition to an affordable unit, or to get to a point where they can afford their current rent. 27 households received assistance through the TBRA program.
2023 – 2024 CAPER 17
CR-30 Public Housing – 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The Santa Clara County Housing Authority (SCCHA) takes the lead in the creation of Public Housing through their Moving to Work (MTW) program. Planned New and Existing Project Based Vouchers (PBVs) in the City of Santa Clara include:
Property Name #
PBVs
Description of Project
2275 Ellena Drive 1 Family project consisting of 4 two-bedroom units; 1 PBV 2287 Pasetta Drive 1 Family project consisting of 4 two-bedroom units; 1 PBV Agrihood Senior
Apartments
54 Under construction. Senior project consisting of 165 units. 108 of the units will be affordable, and of those 54 will be PBVs
Calabazas 80 Under construction family project consisting of 136 units. 80 PBVs will support the project, directed toward the homeless and those with special needs
Eklund Gardens I 10 Family project consisting of 10 2- bedroom units. PBV units are for families
Eklund Gardens II 6 Family project consisting of 6 3- bedroom units. PBV units are for families.
Monroe Street 8 New construction project consisting of 65 total units. 8 family units will be supported with PBVs
Homestead SROs 4 Senior project consisting of 4 SRO units. PBV units are for persons aged 60 years and over
Kifer Senior 33 New construction project consisting of 80 total units. 33 MTW PBVs will support units for the chronically homeless and 8 HUD-VASH PBVs will support units for veterans.
Westwood
Ambassador
10 10 PBV units for former Moderate Income. Rehab project.
Total 207
SCCHA reopened their Federal MTW Housing Choice Voucher list as an “always-open” Interest List. This allows individuals to add themselves to the list at any time and/or update their information.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
When federal funds are used to develop or rehabilitate low-income units, the City requires that the developer make efforts to obtain input from low-income residents on the management of the development. The City also has a Below Market Purchase program. Case managers for the TBRA program are aware of the BMP program and encourage their clients to apply.
Actions taken to provide assistance to troubled PHAs
SCCHA is not a troubled PHA.
2023 – 2024 CAPER 18
CR-35 Other Actions – 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The Advance Planning Team is scheduled to complete several significant efforts. All these projects include Council Study Sessions and robust community outreach.
Zoning Ordinance update. The update began in January 2018 and an updated zoning ordinance was adopted in spring of 2024.
2023-2030 Housing Element Update. Staff has begun work on the next 8-year cycle update to the City’s General Plan Housing Element in accordance with State Law. The preliminary Regional Housing Needs Allocation (RHNA) for Santa Clara is approximately 12,000 units, including approximately 7,000 affordable units, a significant increase (3x) the City’s prior allocation. The City adopted the new Housing Element plan in spring of 2024 and the State has since certified it.
Permit System Replacement. The Community Development Department lead a multi- department effort to replace its 20-year-old permit tracking system. The upgraded system (Accela) enables a more streamlined permit process, including the ability to submit application online through the Permitting Online Portal. The system was put into operation in August 2021.
Freedom Circle Focus Area. The City established a new General Plan Focus Area that supports a future development capacity for up to 3,600 new dwelling units and 2 million square feet of office development. This project also included a private development proposal that was approved for a mixed-use development project on a 13.3 acre site within the Freedom Circle Focus Plan area, that consists of up to 1,100 residential units, up to 2,000 square feet of commercial space, and a 2-acre public park.
Downtown Precise Plan. On December 5, 2023, the City of Santa Clara City Council Adopted the Downtown Precise Plan and Form Based Zoning Code to implement the community’s vision and objectives for a vibrant, pedestrian-oriented destination Downtown with a mix of residential, office, and civic uses. The Form Based Code will provide objective design standards to regulate new development within the historic 25-acre downtown area. The Precise Plan allows for a greater intensity of development over what was in the General Plan with a capacity of up to 1,071 residential units, 531,720 square feet of office space, 197,900 square feet of commercial/retail space, and 44,300 square feet of public space.
2023 – 2024 CAPER 19
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) In line with one of the objectives set forth by the Housing Element (2014) of the General Plan, the City of Santa Clara adopted a new Affordable Housing Ordinance, including residential and nonresidential mitigation impact fees (in line with the results of the Affordable Housing Nexus Study). The revenue from the adopted fees is a new source of local affordable housing funds not available since the closure of redevelopment agencies back in 2012.
The City also partnered with Santa Clara County’s Office of Supportive Housing, LifeMoves and the Sobrato Foundation to apply for a state Homekey grant to build interim housing for unhoused families. To date the state funding has not been awarded.
In the Summer of 2022, the City also convened a Homelessness Taskforce. The taskforce included residents from each council district, persons with lived experience of homelessness, and nonprofit agency staff. The Taskforce advised on a local plan to address homelessness. A draft of this Plan was presented to City Council.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) All housing rehabilitated receives a lead assessment to determine level of lead mitigation.
Based on the results of the assessments, mitigation measures are included in the scope of work. TBRA clients receive the lead pamphlet information.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The Tenant Based Rental Assistance (TBRA) program fosters self-sufficiency so that the participating households would eventually be able to afford permanent housing without subsidies. Part of the case management services Abode Services and Bill Wilson Center provides to participants to help them transition to a more stable housing situation include:
Employment and training resources
Benefit application assistance and advocacy
Behavioral health services (i.e. mental health and substance abuse) Credit counseling and repair services
Actions taken to develop institutional structure. 91.220(k); 91.320(j) City staff continues to participate in discussion and development of common strategies to address the housing and community needs in Santa Clara County with other local jurisdictions regarding CDBG, HOME and other housing programs. Meetings take place on a monthly basis to address pressing issues or news pertaining to local funding such as the use of the County- wide Measure A funds and collaborations for county-wide reports. Trainings and webinars are used to keep staff up to date with regulator changes. City staff also meets with HUD staff on a quarterly basis.
2023 – 2024 CAPER 20
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The Santa Clara City Council, in response to a request from the Cities Association of Santa Clara County for support in regional coordination towards addressing homelessness and the housing needs of our communities, adopted a resolution to endorse the Community Plan to End Homelessness in the County of Santa Clara. Destination: Home, a Supporting Organization of the Health Trust, is a public-private partnership implementing collective impact strategies to end homelessness in Santa Clara County. Its mission is to drive and align resources to create permanent housing and sustainable support systems built for the long term. The organization is improving how systems work together to end homelessness, as well as protect individuals and families at risk of becoming homeless.
The Destination: Home Board also serves as the governing body of the county-wide "Continuum of Care" (CoC), which is a county-wide entity required by HUD to enable local housing and services providers to apply for HUD grants for various homeless assistance programs.
The Community Plan to End Homelessness is based on three central strategies:
1. Disrupt the System: Develop strategies and innovative prototypes that transform the systems related to housing homeless people.
2. Build the Solution: Secure the funding needed to provide 6,000 housing opportunities with services for those who are homeless and those at risk of homelessness.
3. Serve the Person: Adopt an approach that recognizes the need for client-entered strategies with different response for different levels of need and different groups, targeting resources to the specific individual or household.
Much of the effort described in the Community Plan relates to the work of various county agencies that provide health care, housing, social services, corrections, and related services.
Participating cities will most likely be involved with Build the Solution strategy, which relates to development of affordable housing units through various methods. Such methods include development of new permanent supportive housing (PSH) units, rehabilitation or retrofitting of existing housing or other structures (e.g., motels) into new affordable units, and use of long-term subsidies such as rental vouchers to make existing market-rate or affordable housing more affordable for homeless or at-risk households.
The City has already funded and implemented efforts related to “Building the Solution” including the TBRA program for homeless and at-risk households, and supportive housing projects such as Homesafe Santa Clara, Sobrato Family Living Center, Bill Wilson Center and Silicon Valley Independent Living Center. In addition, the City has provided assistance to a number of local agencies that operate programs serving the homeless that are consistent with the, "Serve the Person" strategy, such as Next Door Solutions to Domestic Violence, Support Network for Battered Women, HomeFirst (formerly Emergency Housing Consortium), LifeMoves (formerly Innvision), and Project Sentinel. The City has also provided the County of Santa Clara with $200,000 in funding to address homelessness prevention.
2023 – 2024 CAPER 21
Identify actions taken to overcome the effects of any impediments identified in the jurisdiction analysis of impediments to fair housing choice. 91.520(a) The City funds fair housing education, investigation, enforcement and outreach through our nonprofit partner Project Sentinel. Project Sentinel provides comprehensive fair housing services including investigation, counseling, referral and education, designed to reduce the incidence of illegal discrimination in housing. The agency assisted 31 individuals during the program year, and conducted landlord/tenant mediation assisting 106 households.
The City has completed its Housing Element which analyzed contributing factors for housing challenges and proposed actions to Affirmatively Further Fair Housing. The Housing Element includes data from Santa Clara County’s regional Assessment of Fair Housing process.
2023 – 2024 CAPER 22
CR-40 Monitoring – 91.220 (d,e); 91.520
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
The City completes desk audits of subrecipients for every invoice submitted, and Public Service agencies are required to submit semi-annual reports on their service activities. The City also has procedures in place to monitor subrecipients on-site.
The City has policies and procedures in place to move forward with capital projects. Procedures include an open and competitive bidding process, a request for Section 3 and MBE/WBE entities to apply, Davis Bacon review, progress inspections, etc. Quarterly status reports on all construction projects are also a requirement.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The 2023 CAPER was made available for public review and comment for at least a 15-day period, from September 4, 2024, through September 24, 2024. It was posted on the City website and available at the Housing and Community Services Division at 1500 Warburton Avenue, Santa Clara, and at the Santa Clara Central Library. An "e-blast" notification of the draft CAPER was sent to a variety of nonprofit agencies and public stakeholders.
Public Comment during Public Comment Period: TBD – comments received will be incorporated here.
Public Comment during the Public Hearing: Comments from the hearing on September 24, 2024 will be incorporated here.
1111
2023 – 2024 CAPER 23
CR-45 - CDBG – 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The six Capital Improvement Projects (CIP) that have been approved continue to be a challenge. Five of the projects are in the pre-construction phase. Due to the nature of these big projects, drawing down funds in a timely manner has been an issue. With this in mind, the City added the installation of ADA curb cuts to the 2024-2025 program year. This project can start and end within 8-10 months. It is estimated that at least three of the large CIPs will be in the construction phase and drawing down funds when the curb cut project is ending in April of 2025.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
Not applicable.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
2023 – 2024 CAPER 24
CR-50 HOME – 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
All properties with HOME funds complete HQS inspections. If a property has deficiencies, Corrective Action Notices are issued, and follow-up inspections will be scheduled. For properties that pass their HQS inspection, they are put on a 3-year cycle of inspections.
Summary of HOME Rental Project Monitoring
Project
Name
Year
Built
Total
Units
HOME
Units
Compliance
Status
Prior
Inspection
3-yr.
Inspection
Next
Insp.
Reason
for non-
insp.
Summary
of Issues
Briarwood
House 2001 5 5 Compliant 05/20/2019 06/07/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
BWC
Commons 2007 28 27 Compliant 05/09/2019 06/21/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
BWC Main
Street 2002 5 4 Compliant 07/31/2019 08/02/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
BWC Shafer 2002 5 5 Compliant 06/18/2019 07/12/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
2023 – 2024 CAPER 25
Project
Name
Year
Built
Total
Units
HOME
Units
Compliance
Status
Prior
Inspection
3-yr.
Inspection
Next
Insp.
Reason
for non-
insp.
Summary
of Issues
BWC Shafer 2002 5 5 Compliant 06/18/2019 07/12/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
BWC Teen
Parent
(Jackson)
1996 5 3 Compliant 07/31/2019 08/03/2022 2025 n/a
No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Chateau
Apts. 1993 25 4 Compliant 05/08/2019 06/14/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Cypress 2010 5 5 Compliant 09/03/2019 8/23/2022 2025 n/a No issues found.
De La Cruz
House 2001 4 4 Compliant 05/15/2019 06/08/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Homesafe
San Jose 2004 25 3 Compliant 06/27/2019 10/19/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
2023 – 2024 CAPER 26
Project
Name
Year
Built
Total
Units
HOME
Units
Compliance
Status
Prior
Inspection
3-yr.
Inspection
Next
Insp.
Reason
for non-
insp.
Summary
of Issues
Homesafe
(SC) 2002 25 16 Compliant 06/18/2019 10/17/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Liberty
Tower 1998 101 100 Compliant 05/17/2019 06/28/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Maitri
Transitional 2009 10 9 Compliant 07/10/2019 7/25/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
SC Senior
Homes 1994 6 3 Compliant 07/24/2019 09/28/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Sobrato
Family Ctr. 2003 51 5 Compliant 06/13/2019 08/09/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Stoney
Pines Apts. 2001 23 2 Compliant 06/26/2019 07/19/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
2023 – 2024 CAPER 27
Project
Name
Year
Built
Total
Units
HOME
Units
Compliance
Status
Prior
Inspection
3-yr.
Inspection
Next
Insp.
Reason
for non-
insp.
Summary
of Issues
Vista Drive
Apts. 2004 24 1 Compliant 07/23/2019 08/29/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Westwood
Ambassador 1994 42 10 Compliant 06/28/2019 08/29/2022 2025 n/a No
inspections
were
needed as
the next
inspection
is not due
until 2025.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b)
Developments are required to submit marketing plans and updates of said plans for the Housing Division to review. The City of Santa Clara is also working with the Lawyer Committee, who is also working with the County and other county jurisdictions, to draft and approve its Affirmatively Further Fair Housing (AFFH) Plan. The City’s assessment of its affirmative marketing actions for HOME units is adequate. We are hopeful that when the AFFH is completed, it will help in bolstering our efforts.
The City uses its HOME funds for Tenant Based Rental Assistance (TBRA). The TBRA program is marketed through a variety of venues including the City’s website, the operator’s website and brochures, and through the County’s coordinated entry process and community queue.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics There was a total of $17,886.45 of Program Income that was drawn during PY2023. $8,594.74 was used for administration and $9,291.71 was used for Tenant Based Rental Assistance. 27 households were assisted with these funds.
Other actions taken to foster and maintain affordable housing. 24 CFR 91.220(k) The City of Santa Clara is committed to ensuring availability of affordable housing to moderate, low, very-low and extremely-low income households through the adoption of the Affordable Housing Ordinance and Impact Fees. Requirements include a combination of inclusionary requirements for residential projects and impact fees for smaller projects and nonresidential projects to provide a steady stream of affordable housing units and income to fund the provision of affordable housing projects across the City.
2023 – 2024 CAPER 28
The current rental development pipeline is robust. The City works with the County of Santa Clara to infuse local Measure A funds into affordable rental projects. The rental development pipeline is shown in the table below.
Project ELI
< 30% AMI
VLI
30 50% AMI
LI
50-80% AMI
Mod
80-120% AMI
Totals
3575 De La Cruz (Habitat) 0 0 6 7 13
1601 Civic Center Dr. (Charities) 40 40 40 0 120
2310 Calle Del Mundo (Ensemble) 0 32 103 15 150
3941 Stevens Creek Blvd. (Meridian) 0 0 46 13 59
Totals 40 72 195 35 342
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-759 Agenda Date: 9/24/2024
REPORT TO COUNCIL
SUBJECT
Public Hearing: Action on Four Corrective Amendments to the Zoning Map that Resolve Inconsistencies with the City’s General Plan Land Use Diagram, for the Properties located at 4995 Patrick Henry Drive / 3005 Democracy Way; 807 Washington Street; 1435 Lewis Street and 1430 and 1448 Madison Street; and 2805 Bowers Avenue.
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
At the July 16, 2024 City Council meeting, the Zoning Map implementing the recently updated Zoning Code was adopted. This report deals with four errors in the adopted map that were discovered following adoption. The report includes an updated Zoning Map and associated resolution.
DISCUSSION
If the updated Zoning Map is adopted, the inconsistencies that were discovered after adoption, between the Zoning Map and the adopted General Plan Land Use diagram, would be resolved. The inconsistencies include:
a. Parcels related to the proposed Mission Point by Kylli Project located at 4995 Patrick Henry Drive, also referenced as 3005 Democracy Way (including properties on Tasman Drive, Democracy Way, Patrick Henry Drive, and Old Ironsides Drive). In 2009, the City Council approved a rezoning from Light Industrial (ML) under the Classic Code to a Planned Development (PD) zoning district for the Project Site, to facilitate the construction of the 3 Million square foot Yahoo campus.
That project was subsequently cancelled, and the PD zoning reverted to the original ML zoning on May 25, 2020. However, due to a clerical error, the reversion to ML was never shown on the Zoning Map, which still listed the parcels as “PD”. On July 16, 2024, the Council adopted a new Zoning Map, but took no action on parcels designated “PD,” including this Project Site. At this time, the Parcels are proposed to be rezoned from their actual designation, ML - Light Industrial under the Classic Code, to HO-RD - High-Intensity Office/Research and Development, under the Updated Code, consistent with the site’s General Plan land use designation; APNs: 104-04-150, 104-04-142, 104-04-143, 104-04-151, 104-04-112, 104-04-113, 104-04-065, 104-04-111, 104-04-064. b. 807 Washington Street, a 0.2-acre site from PQP - Public/Quasi-Public zoning to R1-6L Single-Family Residential to reflect the existing use of single-family residential on the site; APN 269- 28-033.
c. Three contiguous parcels located at 1435 Lewis Street, and 1430 and 1448 Madison Street. The parcels were incorrectly rezoned R3, consistent with the existing multi-family uses on the City of Santa Clara Printed on 9/20/2024Page 1 of 3
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24-759 Agenda Date: 9/24/2024
sites. They all have existing Planned Development zonings, which are proposed to be maintained.
APNs: 269-03-150, 269-03-151, 269-03-152.
d. One parcel located at 2805 Bowers Avenue. On August 27, 2024, the City Council approved a General Plan Amendment from High Intensity Office / Research and Development (R&D) to Light Industrial, to conform to what was the site’s Light Industrial zoning district prior to the City Council adopting the Updated Zoning Map on July 16, 2024. The Revised Zoning Map will return the subject property back to the Light Industrial (LI) zoning district, consistent with the recently approved Light Industrial General Plan land use designation. APN: 216-28-063.
If the revised Zoning Map is adopted, the associated Zoning Districts will become effective and applied to individual parcels 30 days after the adoption date.
At the September 11, 2024 Planning Commission, the Commission reviewed the proposal, and asked City staff about the noticing radius for the parcel at 2805 Bowers Avenue. Staff responded that the noticing radius was 300 feet, per the Public Outreach policy. The Planning Commission expressed concern about the noticing radius given the potential visual impacts from the bulk and height of data centers and directed staff to consider that during the development of the revised public outreach policy, currently underway.
The Commission then voted to recommend approval of the resolution to City Council (5-1-1, Bouza opposed, Biagini absent).
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 and Zoning Map 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 City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. Notices were also posted at City Hall, the Central Park Library, and the Northside branch library. 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] < City of Santa Clara Printed on 9/20/2024Page 2 of 3
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24-759 Agenda Date: 9/24/2024
mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
Also, on August 29, 2024, a notice of public hearing on this item was mailed to property owners within 300 feet of each project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed rezonings.
ALTERNATIVES
1. Do not adopt the revised Zoning Code Map and leave the City’s Zoning Map inconsistent with the City’s General Plan land use diagram at the identified properties.
RECOMMENDATION
Adopt a Resolution to Amend the revised Zoning Map, consistent with the City’s General Plan land use diagram, for the Properties located at 4995 Patrick Henry Drive / 3005 Democracy Way; 807 Washington Street; 1435 Lewis Street and 1430 and 1448 Madison Street; and 2805 Bowers Avenue.
Reviewed by: Reena Brilliot, Acting Director of Community Development Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Updated Zoning Map
2. Resolution Adopting the Zoning Map
City of Santa Clara Printed on 9/20/2024Page 3 of 3
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•• ...... , ... _
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Resolution/Zoning Map cleanup Page 1 of 3
Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING FOUR CORRECTIVE AMENDMENTS TO THE
UPDATED ZONING MAP CONSISTENT WITH THE
COMPREHENSIVE ZONING CODE UPDATE AND THE CITY’S
GENERAL PLAN FOR THE PROPERTIES LOCATED AT 4995
PATRICK HENRY DRIVE / 3005 DEMOCRACY WAY; 807
WASHINGTON STREET; 1435 LEWIS STREET AND 1430 AND
1448 MADISON STREET; AND 2805 BOWERS AVENUE
WHEREAS, on January 9, 2024, the City of Santa Clara (the “City”) adopted the City’s Zoning Code Update, the first comprehensive update of the Code in over 50 years; and WHEREAS, on July 16, 2024, the City Council adopted an updated Zoning Map consistent with the Zoning Code Update, which went into effect on August 15, 2024; and WHEREAS, before acting on the proposed Zoning Map, the Council reviewed and considered the potential environmental impacts and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed Zoning Code Update and associated Zoning Map were consistent with 2010 -2035 General Plan EIR, as addended, and that the proposed Zoning Map did not alter the conclusions of the adopted General Plan EIR , as addended, or create new environmental impacts; and
WHEREAS, following the July 16, 2024 City Council meeting, four errors were found in the adopted Zoning Map, which could potentially lead to inconsistencies between the Zoning Map and General Plan Land Use Diagram, which are proposed to be resolved through this action; and WHEREAS, on September 11, 2024, the Planning Commission conducted a duly noticed public hearing to consider the corrected Zoning Map, at the conclusion of which, the Planning Commission voted (5-1-1) to recommend that the City Council adopt the proposed Zoning Map amendments; and
WHEREAS, on August 30, 2024, a notice of the September 24, 2024 public hearing was posted in three public places in the City; and
WHEREAS, on August 30, 2024 , a notice of the September 24, 2024 public hearing was mailed Resolution/Zoning Map cleanup Page 2 of 3
Rev: 7/27/2023
to all property owners located within 300 feet of the properties proposed to be rezoned; and WHEREAS, on September 24, 2024, the City Council conducted a duly noticed public hearing to consider the corrected Zoning Map, at which time all interested persons were given an opportunity give testimony and provide evidence in support of and in opposition to the proposed corrected Zoning Map.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. That the City Council hereby amends the City’s Zoning Map adopted on July 16, 2024, in the form attached hereto and incorporated herein by this reference, by rezoning the following parcels:
a. Parcels related to the Mission Point Project located at 4995 Patrick Henry Drive, also referenced as 3005 Democracy Way (including properties on Tasman Drive, Democracy Way, Patrick Henry Drive, and Old Ironsides Drive) from ML - Light Industrial to HO-RD - High- Intensity Office/Research and Development; APNs: 104 -04-150, 104-04-142, 104-04-143, 104- 04-151, 104-04-112, 104-04-113, 104-04-065, 104-04-111, 104-04-064 b. One parcel located at 807 Washington Street , a 0.2 acre site , from PQP – Public/Quasi-Public to R1-6L – Single-Family Residential (APN 269-28-033). c. Three contiguous parcels located at 1435 Lewis Street, and 1430 and 1448 Madison Street, from R3 – Medium-Density Residential to PD - Planned Development, consistent with their zoning prior to August 15, 2024; APNs: 269-03-024, 269-03-025, 269-03-026. d. One parcel located at 2805 Bowers Avenue, from HO -RD - High-Intensity Office/R&D to LI - Light Industrial; APN: 216-28-063.
//
//
//
Resolution/Zoning Map cleanup Page 3 of 3
Rev: 7/27/2023
3. Effective date. This resolution shall become effective thirty (30) calendar days from the date of adoption.
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 24TH DAY OF SEPTEMBER, 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. Zoning Map
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-513 Agenda Date: 9/24/2024
REPORT TO COUNCIL
SUBJECT
Action on Resolutions Accepting the Monroe Street Bikeway Planning Study, Selecting a Preferred Design Concept and, as appropriate, Taking Related Actions Regarding Parking and Curb Modifications
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
EXECUTIVE SUMMARY
The Monroe Street Bikeway Planning Study (Study) is a planning-level document that identifies 1.75 miles of potential bicycle improvements along Monroe Street from San Tomas Expressway to Lawrence Expressway. The goal of the Study is to identify bicycle infrastructure improvements that will close bicycle network gaps, increase mobility, and encourage the public to choose more sustainable modes of transportation. Three concepts have been developed for adding bicycle facilities along the corridor and include potential parking or lane removals.
These proposed concepts and improvements were developed based on an analysis of the corridor, recommendations in the Santa Clara Bicycle Plan, engagement with several committees and commissions, and robust public outreach efforts. Development of the Study included significant community participation and feedback, most notably through the support of the City’s Bicycle and Pedestrian Advisory Committee (BPAC). It should be noted that the Study is only a planning-level document and does not include design, environmental review, or construction of any alternative.
Additional funds would be required to design and construct the preferred alternative.
BACKGROUND
The City received a grant award from the Santa Clara Valley Transportation Authority (VTA) in the 2016 Measure B Bicycle/Pedestrian Planning Studies competitive grant program for the Study.
Bicycle improvements along Monroe Street from San Tomas Expressway to Lawrence Expressway is a priority project in the City of Santa Clara’s Bicycle Plan. Council approved a professional services agreement for the Study with Alta Planning + Design and work on the project began in January 2023.
This effort has been coordinated with the City’s BPAC, Senior Advisory Commission, Parks and Recreation Commission, Youth Commission, various stakeholders (including the Santa Clara Unified School District), and the public. The Study was a regular item on the BPAC Agenda, with input and feedback provided at four separate meetings. On June 17, 2024, the BPAC reviewed the final draft and voted to recommend that the City Council consider adopting the Study and also recommended a preferred design option.
The Study provides draft roadway concepts and potential enhancements to improve bicycling along City of Santa Clara Printed on 9/20/2024Page 1 of 9
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24-513 Agenda Date: 9/24/2024
Monroe Street consistent with the Santa Clara Bicycle Plan. Adopting this Study and selecting a design concept will allow the City to apply for grant funds such as the VTA 2016 Measure B Bicycle and Pedestrian Program or the California Transportation Commission Active Transportation Program (ATP) in order to move forward with design and construction. Additionally, it will help promote and advance the City’s Complete Streets Policy, which has a goal of creating and maintaining streets that provide safe, comfortable, and convenient travel through a comprehensive, integrated network serving all modes of transportation.
DISCUSSION
This planning-level document focuses on a 1.75-mile section of Monroe Street from San Tomas Expressway to Lawrence Expressway (Attachment 1). The Study identifies options for bicycle improvements to expand the existing bicycle network, fill in gaps, provide greater connectivity to public transportation, increase mobility, and encourage the public to choose more sustainable modes of transportation. It also includes potential options for both parking removal and lane reductions.
The Study (Attachment 2) is divided into five chapters which include:
(1) Introduction and Background
(2) Existing Conditions
(3) Corridor Alternative Concepts & Analysis
(4) Community Engagement
(5) Recommendations
An Appendix is also included with detailed information on existing conditions, parking utilization analysis, traffic analysis, speed survey results, community survey results, and community engagement material. The Study Appendix can be downloaded from the project webpage at: < https://www.santaclaraca.gov/our-city/departments-g-z/public-works/engineering/traffic- engineering/bicycle-and-pedestrian-projects/monroe-street-class-ii-buffered-bikeway-study> . Each
Study chapter is summarized below.
Introduction and Background
The Study supports the City’s Climate Action Plan by identifying strategies to improve connectivity for people biking and walking while encouraging mode shifts from vehicles toward more sustainable modes such as biking and walking.
Both the City of Santa Clara and the Santa Clara Valley Transportation Authority (VTA) have adopted plans highlighting the need for bicycle facilities on Monroe Street to improve local and regional bike access. The Santa Clara Bicycle Plan identifies a Class IIB buffered bike lane along the study corridor as a high-priority project to improve connectivity in the City’s bike network. Monroe Street is also identified as part of a future priority “Cross County Bicycle Corridor” in the VTA’s Santa Clara Countywide Bicycle Plan Update 2018 as it connects to a Class II bike lane on Reed Avenue in the City of Sunnyvale.
The Monroe Street corridor is primarily fronted by residential uses and schools, including Adrian C.
Wilcox High School (Wilcox), with a small pocket of mixed-use commercial use near the Lawrence Expressway intersection. There are other important community destinations along the corridor, including the Lawrence Caltrain Station, Everett N. “Eddie” Souza Park, and the San Tomas Aquino Creek Trail.
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The east-west segment of Monroe Street in the Study area has four travel lanes (plus a two-way left- turn lane in front of Wilcox) and a posted speed limit of 35 mph. There are 5-foot bicycle lanes on Monroe Street between Chromite Drive and San Tomas Expressway and there is no parking allowed along the southside of the street in front of Wilcox.
Existing Conditions
Staff collected data and completed traffic analyses to evaluate the existing conditions on the roadway across key metrics including safety, traffic operations, parking, and vehicle speeds. This analysis helped set a baseline for considering design concepts and identifying potential trade-offs between these design concepts compared to the existing roadway configuration.
Safety
Recent available collision data was analyzed for the period of January 2017 through December 2022.
This analysis found a total of 130 collisions occurred during this timeframe. Of the 130 collisions, two collisions were fatal, three resulted in a severe injury, nine collisions involved a bicyclist, and seven collisions involved a pedestrian. For the two collisions that involved a fatality, none included bicyclists, while one included a pedestrian. For the three collisions that involved serious injury, none included bicyclists and one involved a pedestrian.
Vehicle Speeds
Speed data was collected at nine locations along the corridor for a seven-day period during peak and non-peak periods. Speed survey data found that 85th percentile speeds (the speed at which 85 percent of all motorists travel at or below) ranged between 33 and 44 miles per hour (mph). Although 37 percent of vehicles exceeded the posted 35 mph speed limit, the majority of drivers were traveling within 9 mph of the posted speed limit, which is typical of most urban arterial streets.
Traffic Operations
Detailed traffic modeling was completed throughout the corridor and 26 intersections were analyzed along Monroe Street and other nearby roadways, including Kifer Road, Walsh Avenue, and Cabrillo Avenue. The traffic analysis evaluated the current Level of Service (LOS) for each study intersection based on criteria established in the City’s Transportation Analysis Policy. Per City policy, intersections on City-owned streets should meet Level of Service D or better and per County policy intersections on County-owned and operated expressways should meet Level of Service E or better.
Based on the analysis, 22 of 26 intersections operate acceptably during the AM peak hours (7:00 - 9:00 a.m.) and 23 of 26 operate acceptably during the PM peak hours (4:00 - 6:00 p.m.). The four intersections that currently do not meet the policy in the AM peak hour are:
· Monroe Street and Lawrence Expressway (County)
· Kifer Road and Lawrence Expressway (County)
· Walsh Avenue and San Tomas Expressway (County)
· Monroe Street and San Tomas Expressway (County)
The three intersections that currently do not meet the policy in the PM peak hours are:
· Kifer Road and Lawrence Expressway (County)
· Walsh Avenue and Bowers Avenue (City)
· Walsh Avenue and San Tomas Expressway (County)
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Travel Time
A travel time analysis was completed to evaluate the time it takes to travel the entire length of the study corridor in a car at multiple periods (weekday morning between 7:00 and 9:00 a.m., midday between 1:30 and 3:30 p.m., evening between 4:00 and 6:00 p.m., and on Saturday between 11:30 a.m. and 1:30 p.m.).
During the busiest time of day travelling westbound (AM peak period), it takes an average of 10 minutes and 25 seconds to travel the entire corridor. During the busiest time of day travelling eastbound (PM peak period), it takes an average of 11 minutes and 19 seconds to travel the entire corridor. The AM peak period includes a high level of traffic from the high school, whereas PM peak period includes more commute traffic and less school traffic.
Parking Analysis
A parking analysis was completed to determine parking occupancy along Monroe Street. Parking counts were collected along both sides of the street from Lawrence Expressway to San Tomas Expressway on three consecutive weekdays (Tuesday through Thursday) on April 4, 5, and 6, and on Saturday, April 8, 2023. Staff conducted counts during three peak parking periods (7:00 - 9:00 a.m., 11:00 a.m.- 2 p.m., and 2:00 - 4:00 a.m.) and counts were also collected on all side streets within 500 feet of Monroe Street. Overall, 62 percent of parking spaces were available. It should be noted that portions of Monroe Street west of Wilcox High School were observed to have parking availability less than 50 percent.
Potential Corridor Alternative Concepts
The Study identifies three roadway concepts and a no-build option that were developed and modified based on feedback from the community, commissions, committees, and Council (Attachment 3).
Each concept is summarized below:
Existing Conditions/No Build
This scenario does not implement any improvements on Monroe Street and maintains the existing condition. There are four vehicle travel lanes (two in each direction), parking is maintained on both sides of the streets and no new bicycle facilities are installed.
Two Lanes, Buffered Bike Lanes, Center Turn Lane, Parking on Both Sides This concept removes one travel lane in each direction, adds a two-way center left-turn lane and maintains parking on both sides. An eight-foot-wide buffered bicycle lane (Class IIB) is added to each side of the street, with five feet of bikeway and three feet of buffer. As there is currently no parking on the south side of Monroe Street along Adrian C. Wilcox High School, this concept includes wider bicycle facilities and a protected and buffered bicycle facility (Class IV) adjacent to the school to provide enhanced bicycle safety for students and deter stopping in the bicycle lane during school drop-off.
Two Lanes, Parking-Protected Bike Lanes, Center Turn Lane This concept removes one travel lane in each direction and adds a two-way center left-turn lane. An eight-foot-wide protected and buffered bikeway (Class IV) is added to each side of the street in this concept, with five feet of bikeway and three feet of buffer with parking as the protection (i.e. parking protected). Parking is maintained on both sides of the street, but it is shifted towards the center of the street to act as a vertical separation between the bikeway and the vehicle travel lane. As there is City of Santa Clara Printed on 9/20/2024Page 4 of 9
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24-513 Agenda Date: 9/24/2024
currently no parking on the south side of Monroe Street along Adrian C. Wilcox High School, this concept includes wider bicycle facilities and a protected and buffered bicycle facility (Class IV) adjacent to the school to provide enhanced bicycle safety for students and deter stopping in the bicycle lane during school drop-off.
Four Lanes, Buffered Bike Lanes, Remove Parking on One Side This concept maintains four travel lanes and removes parking on one side of Monroe Street along the entire study corridor. A seven-foot-wide buffered bicycle lane (Class IIB) is added to each side of the street, with five feet of bikeway and two feet of buffer. Based on overall parking inventory along Monroe Street, it is recommended that parking along the south side of the street be removed in this option. Parking would be removed when the City obtains funding and moves forward with construction of this concept. Along Adrian C. Wilcox High School, an eight-foot wide protected and buffered bikeway (Class IV) would be added, maintaining four lanes of travel (plus a center-turn lane), removing parking on the north side of the street, and installing a 5-foot bike lane on the other side of the street from the high school.
Corridor Transportation Analysis and Potential Benefits The City completed an in-depth transportation analysis to evaluate the potential benefits and impacts associated with each design concept. This analysis evaluated the changes in key metrics including potential collision reduction, potential speed reduction, parking availability, corridor travel times along the study portion of Monroe Street, potential traffic diversion, LOS changes, and potential Vehicle Miles Traveled (VMT) reduction. A summary table of the transportation analysis results is included as Attachment 4. Additionally, a summary of the potential benefits, per concept, is included as Attachment 5.
Community Engagement
Community engagement was a major component of developing the Study and a variety of outreach strategies were used to seek input from stakeholders. Outreach was conducted during three phases of the project: existing conditions, concept development, and traffic analyses. The following outreach methods were implemented over the course of Study development:
· City website & forum for the community to submit comments · Dedicated project email address and phone number
· Four BPAC Meetings (including one site visit with BPAC members) · One Senior Advisory Commission Meeting
· One Parks and Recreation Commission Meeting
· One Youth Commission Meeting
· Five Community workshops
· Six City events (Earth Day/Arbor Day, Bike to Work Day, Santa Clara Art and Wine Festival, Wilcox High School Outreach, Holiday Tree Lighting Ceremony, and Caltrain Commuter Outreach)
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· Three online interactive surveys
· Project signs installed along the study corridor
· Four rounds of postcard notifications sent to 1,000 residential and business addresses most proximate to the corridor (4,000 postcards total)
· Social media posts
· City News Articles and City Hall Newsletter
· Inside Santa Clara Articles
All community workshop presentations, recordings, and online surveys were posted on the project website.
Outreach Summary
Residents were provided multiple opportunities to share feedback on the project. Three surveys were completed during the Study. The third and final online survey was open from January 16 to February 25, 2024. This survey received 124 public responses with 13 percent of respondents indicated they live or work on Monroe Street. Twenty-one percent of respondents said they attend or work at Wilcox High School.
The project team used ranked choice voting to determine which alternative had majority support from the public. The roadway concept titled, “Two Lanes, Parking-Protected Bike Lanes, Center Turn Lane” had the greatest support with 50 percent of all first-choice votes. Respondents who favored this concept indicated that they would rather have a protected bikeway for their own safety and comfort, rather than only being separated from traffic by roadway striping. It should be noted that over 80 percent of participants voted in favor of one of the three bikeway concepts on Monroe Street and only 17 percent voted for keeping the existing condition without bicycle facilities as their first choice. A summary of the third survey responses is provided in Table 1 below:
Table 1: Design Concept Preference Survey Summary
Roadway Concept % of First choice votes*
Existing Conditions/No Build 17%
Two Lanes, Buffered Bike Lanes, Center
Turn Lane, Parking on Both Sides
16%
Two Lanes, Parking-Protected Bike
Lanes, Center Turn Lane
50%
Four Lanes, Buffered Bike Lanes,
Remove Parking on One Side
17%
*Ranked choice voting
Implementation
Cost estimates (in 2024 dollars) for the design and construction of each roadway concept were developed and are summarized in Table 2 below.
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Table 2: Cost Estimates Per Roadway Concept
Roadway Concept Cost Estimate*
Existing Conditions/No Build $0
Two Lanes, Buffered Bike Lanes, Center
Turn Lane, Parking on Both Sides
$2.5 million
Two Lanes, Parking-Protected Bike
Lanes, Center Turn Lane
$2.6 million
Four Lanes, Buffered Bike Lanes,
Remove Parking on One Side
$2.5 million
*Estimates are in 2024 dollars.
Funding
Currently, there is no funding identified to design and construct any of the alternatives identified in the Study. If the Council selects a preferred concept, staff will begin the process to pursue funding opportunities for future design and construction.
These opportunities include:
· Local and Regional Grant Programs
o VTA 2016 Measure B
o Transportation Fund for Clean Air County Program Manager Fund o One Bay Area Grant Program
o Transportation Development Act Article 3
· State & Federal Grant Programs
o California Active Transportation Program (ATP)
o Highway Safety Improvement Program
o Office of Traffic Safety Grant
o Safe Streets and Roads for All (SS4A)
o Road Maintenance and Rehabilitation Program
If the Council selects a preferred concept, staff will begin the process to pursue funding opportunities for future design and construction phases.
Bicycle and Pedestrian Advisory Committee (BPAC) Meeting and Feedback On June 17, 2024, the City’s BPAC reviewed the final draft Study and voted by majority (5 yes, 0 no, 4 absent) to recommend that the City Council adopt a resolution adopting the Monroe Street Bikeway Planning Study.
The BPAC also voted by majority (5 yes, 0 no, 4 absent) to recommend the roadway concept titled, “Two Lanes, Buffered Bike Lanes, Center Turn Lane, Parking on Both Sides” as the preferred City of Santa Clara Printed on 9/20/2024Page 7 of 9
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alternative. The BPAC discussed this concept as being the least impactful of the three concepts, easier for the City to maintain using existing street sweepers, a more intuitive design for bicyclists and drivers, and no impact to residents during the Annual Cleanup Campaign.
Staff Recommendation
Based on the concept analysis findings, community input, and BPAC recommendation, staff recommends the roadway concept titled, “ Two Lanes, Buffered Bike Lanes, Center Turn Lane, Parking on Both Sides” as the preferred alternative. This alternative meets the goals of the study while minimizing impacts to on-street parking and street sweeping.
ENVIRONMENTAL REVIEW
The action being considered to adopt the Study does not constitute a “project” within the meaning of California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations Section 15378(a) as it has no potential for resulting in either direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Notwithstanding the foregoing, The Study is exempt from CEQA pursuant to Section 15262 of CEQA Guidelines as the Study is a planning document for future possible actions which the City has not yet approved, adopted, or funded. Future environmental review will take place should the Study move forward to design and construction.
The modification of parking regulations being considered is exempt from CEQA pursuant to CEQA Guidelines Section 15301(c) - Existing Facilities, as the activity consists of operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trains, and similar facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.
FISCAL IMPACT
There is no immediate fiscal impact resulting from the adoption of the Study. However, by adopting this Study, the City will increase its eligibility for grant funds to implement a preferred design concept, should one be selected by City Council. It is important to note that there will be a future cost associated with implementing any of the proposed design concepts contained within the Study. The design and construction costs associated for the design concepts range from $2.5M - 2.6M (in 2024 dollars). Additionally, implementation of protected and separated bicycle lanes may require the use of specialized street sweeping equipment that the City does not currently have. Additional equipment (i.e. smaller street sweeper) or contractual street sweeping services will be necessary. There is currently no dedicated funding source to design or construct any of the design concepts; however, staff can explore potential grant sources to fund the design and construction of a design concept, should one get selected by the Council.
COORDINATION
The Study has been coordinated with the City Attorney’s Office, Finance Department, BPAC, Senior Advisory Commission, Youth Advisory Commission, Parks and Recreation Commission, and Santa Clara Unified School District.
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 City of Santa Clara Printed on 9/20/2024Page 8 of 9
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and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
In early September, staff mailed notices to the neighborhood adjacent to the Study corridor and utilized social media and City Hall News to distribute information regarding the September 24, 2024 City Council meeting regarding the Study and the potential parking or lane removal design options.
ALTERNATIVES
1. Adopt a resolution accepting the Monroe Street Bikeway Planning Study.
2. Approve the No Build Option as the preferred alternative.
3. Approve the roadway concept titled “Two Lanes, Buffered Bike Lanes, Center Turn Lane, Parking on Both Sides” as the preferred alternative.
4. Approve the roadway concept titled “Two Lanes, Parking-Protected Bike Lanes, Center Turn Lane” as the preferred alternative.
5. Approve the roadway concept titled “Four Lanes, Buffered Bike Lanes, Remove Parking on One Side” as the preferred alternative and adopt a resolution amending parking regulations to remove on-street parking on the southside of Monroe Street between Lawrence Expressway and San Tomas Expressway.
6. Adopt a resolution establishing no parking zones as necessary on Monroe Street between Lawrence Expressway and San Tomas Expressway to accommodate the approved bikeway facilities.
RECOMMENDATION
Alternatives 1,3, and 6:
1. Adopt a resolution accepting the Monroe Street Bikeway Planning Study;
3. Approve roadway concept titled “Two Lanes, Buffered Bike Lanes, Center Turn Lane, Parking on Both Sides” as the preferred alternative; and
6. Adopt a resolution establishing no parking zones as necessary on Monroe Street between Lawrence Expressway and San Tomas Expressway to accommodate the approved bikeway facilities.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Project Location Map
2. Monroe Street Bikeway Planning Study
3. Monroe Street Bikeway Design Concepts
4. Transportation Analysis Summary
5. Potential Benefits Summary
6. Resolution to Accept the Monroe Street Bikeway Planning Study
7. Resolution to Remove Parking on the Southside of Monroe Street to Implement Roadway Concept titled - “Four Lanes, Buffered Bike Lanes, Remove Parking on One Side”
8. Resolution Establishing No Parking Zones on Monroe Street City of Santa Clara Printed on 9/20/2024Page 9 of 9
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Attachment 1
Monroe Street Corridor Map
City of Santa Clara
Monroe Street
Bikeway
Planning Study
DRAFT FINAL | May 2024
Prepared by
Acknowledgments
City Council
Lisa M. Gillmor
Mayor
Kathy Watanabe
District 1
Raj Chahal
District 2
Karen Hardy
District 3
Kevin Park
District 4
Sudhanshu “Suds” Jain
District 5
Anthony Becker
Vice Mayor, District 6
City of Santa Clara Staff
Craig Mobeck
Director of Public Works
Michael Liw
Assistant Public Works Director
Steve Chan
Transportation Manager
Carol Shariat
Principal Transportation Planner
Ralph Garcia
Project Manager, Senior Civil Engineer
Nicole He
Associate Engineer
Stakeholders
Santa Clara Valley Transportation Authority
County of Santa Clara
Santa Clara Unified School District
Wilcox High School
Boards and Commissions
Bicycle and Pedestrian Advisory Committee
Senior Advisory Commission
Parks and Recreation Commission
Youth Commission
Consultant Team
Alta Planning + Design
Kimley-Horn
Funding Provided by VTA
This study would not have been possible without
the generous funding provided by the Santa Clara
Valley Transportation Authority 2016 Measure B.
2 Monro e Street Bikeway Planning Study City o f Santa Clara 2016
MEASURE B
YA
Contents
EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Scope of Study.................................................................. 7 City Council Decision ............................................................. 7 01 . INTRODUCTION AND BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Origins of the Study .............................................................. 9 02 . EXISTING CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Roadway Characteristics......................................................... 13 03 . CORRIDOR ALTERNATIVE CONCEPTS
AND ANAL YSIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Alternative Concepts ............................................................ 29 Corridor Design Concepts ....................................................... 34 Traffic Analysis................................................................. 48 Summary ...................................................................... 72 04 . COMMUNITY ENGAGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 Engagement Strategies .......................................................... 77 Phase 1 Engagement Summary Findings ............................................ 82 Phase 2 Engagement Summary Findings ........................................... 84 Phase 3 Engagement Summary Findings ........................................... 86 05 . RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Final Recommendation .......................................................... 89 Next Steps and Funding ......................................................... 90 APPENDICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 A-1. Existing Conditions and Parking Utilization Memorandum A-2. Traffic Analysis Memorandum
B. Speed Survey Results
C-1. Community Survey #1 Results
C-2. Community Survey #2 Results
C-3. Community Survey #3 Results
D. Community Engagement Materials
City of Santa Clara Mon roe Street Bikeway Planning Study 3
List of Figures
Figure 1. Monroe Street Bikeway Study Schedule .................................... 10 Figure 2. Map of Monroe Street Corridor Study Area ................................. 13 Figure 3. Map of Monroe Street Corridor Study Intersections .......................... 17 Figure 4. Monroe Street Collision Profile ............................................ 20 Figure 5. Map of Bicycle-Involved Collisions ......................................... 22 Figure 6. Current Average Parking Availability Rates During Peak Periods ................ 26 Figure 7. Existing Conditions/No Build Cross-Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Figure 8. Existing Conditions/No Build Typical Cross-Section Alongside Wilcox High School and Variation from Typical Existing Condition ............ 32 Figure 9. Concept A: Two Lanes, Center Turn Lane, Buffered Bike Lanes, Parking on Both Sides - Typical Condition ......................................... 36 Figure 10. Concept A: Two Lanes, Center Turn Lane, Buffered Bike Lanes, Parking on Both Sides - Alongside Wilcox High School .............................. 38 Figure 11. Concept B: Two Lanes, Center Turn Lane, Parking-Protected Bike Lanes - Typical Condition .................................................. 40 Figure 12. Concept B: Two Lanes, Center Turn Lane, Parking-Protected Bike Lanes – Alongside Wilcox High School ........................................ 42 Figure 13. Concept C: Four Lanes, Buffered Bike Lanes, Remove Parking on One Side - Typical Condition ................................................ 44 Figure 14. Concept C: Four Lanes, Buffered Bike Lanes, Remove Parking on One Side – Alongside Wilcox High School ......................................... 46 Figure 15. Level of Service Analysis for Existing Conditions and Concept C – Weekday AM and PM Peak Hours ................................................ 52 Figure 16. Level of Service Analysis for Concepts A and B (Lane Removal) – Weekday AM and PM Peak Hours ................................................ 54 Figure 17. Level of Service Analysis for Existing Conditions and Concept C – Saturday ..... 56 Figure 18. Level of Service Analysis for Concepts A and B (Lane Removal) – Saturday ...... 58 Figure 19. Level of Service Analysis for Existing Conditions and Concept C – Midday ...... 60 Figure 20. Level of Service Analysis for Concepts A and B (Lane Removal) – Midday ....... 62 Figure 21. Average Parking Occupancy During Peak Periods ........................... 66 Figure 22. Average Parking Occupancy Anticipated – Monroe Street North Side Parking Removed ............................................................. 68 Figure 23. Average Parking Occupancy Anticipated – Monroe Street South Side Parking Removed ............................................................. 70 Figure 24. Agenda and Observation Locations (X indicates locations) ................... 77 Figure 25. Survey Results - Relation to Monroe Street ................................ 86 Figure 26. Ranked Choice Voting Results ........................................... 87 4 Mon roe Street Bikeway Planning Study Cit y of Santa Clara
List of Tables
Table 1. Corridor Travel Time ..................................................... 16 Table 2. Corridor and Surrounding Networks Level of Service .......................... 16 Table 3. Study Intersections ...................................................... 17 Table 4. Monroe Street Average Daily Traffic Counts ................................. 18 Table 5. Monroe Street Speed Survey Results ....................................... 23 Table 6. Availability Summary by Location .......................................... 25 Table 7. Average Utilization and Availability by Day and Time .......................... 25 Table 8. Estimated Collision Reductions with Crash Modification Factors (2017–2022) ..... 48 Table 9. Modeled Travel Time Changes (in minutes) .................................. 50 Table 10. Level of Service Analysis Results .......................................... 51 Table 11. Estimated Parking Availability on Monroe Street with Parking Removal Scenarios .. 65 Table 12. Analysis Summary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 Table 13. Benefits Summary ...................................................... 74 Table 14. Online Survey #2 Results – All Responses (118 responses)..................... 85 Table 15. Online Survey #2 Results – Wilcox High School (18 responses) ................. 85 Table 16. Generalized Planning Level Costs – Bikeways ............................... 90 Table 17. Generalized Planning Level Costs – Spot Improvements ....................... 90 City of Santa Clara Mon roe Street Bikeway Planning Study 5 Executive
Summary
EXECUTIVE SUMMARY
Scope of Study
The City and project consultant, Alta Planning
+ Design, began working on the Monroe Street
Bicycle Planning Study in January 2023 and
expect it to be completed by fall 2024. The study
will identify the most feasible design to reallo -
cate roadway space to provide 1.75 miles of bike
facilities along Monroe Street from San Tomas
Expressway to Lawrence Expressway. The goal
of the study is to identify bicycle infrastructure
improvements that will close bicycle network
gaps, increase mobility, and encourage the public
to choose more sustainable modes of transpor-
tation. The study includes reviewing potential
project options with parking or lane removal. The
project team has invited nearby residents, busi-
ness owners, public health professionals, school
staff, commuters, and community leaders to take
part in the study process. This report contains
a traffic and parking analysis, street design
concepts, and a discussion on opportunities and
constraints of the potential design options.
It should be noted that the study is only a plan -
ning level document and does not include design,
environmental review, or construction of any
alternative. Additional funds would be required to
design and construct the preferred alternative.
City Council Preferred
Concept
To be determined
City of Santa Clara Mon roe Street Bikeway Planning Study 7
01. Introduction
and
Background
01 . INTRODUCTION AND BACKGROUND
Origins of the Study
Santa Clara Countywide Bicycle Plan Update 2018
City of Santa Clara 2010-2035 General Plan
City of Santa Clara Bicycle Plan Update 2018
City of Santa Clara Climate Action Plan
Both the City of Santa Clara and the Santa Clara
Valley Transportation Authority (VTA) have
adopted plans highlighting the need for bicycle
facilities on Monroe Street to improve local and
regional bike access. The City of Santa Clara
2010-2035 General Plan recommended a Class
III bike route along the Monroe Street Study
Corridor. The City’s Bicycle Plan Update 2018
identifies a Class IIB buffered bike lane along the
study corridor and a spot improvement at the
Monroe Street and San Tomas Aquino Creek Trail
intersection as high-priority projects to improve
connectivity in the City’s bike network. The
Monroe Street Study Corridor is identified as a
priority “Cross County Bicycle Corridor” by VTA in
the Santa Clara Countywide Bicycle Plan Update
2018 as it connects a Class II bike lane in the City
of Sunnyvale to another Class II bike lane in the
City of Santa Clara. Both the City’s Bicycle Plan
Update 2018 and the VTA Countywide Bicycle
Plan Update 2018 identify a high-priority spot
improvement at the San Tomas Expressway and
Monroe Street intersection. This Monroe Street
Bikeway Study also supports the City of Santa
Clara Climate Action Plan by identifying strategies
to improve connectivity for people biking and
walking and reduce their level of traffic stress
to encourage mode shifts from vehicles toward
more sustainable modes such as biking and
walking.
In October 2021, the City received a grant award
from the VTA in the 2016 Measure B Bicycle/
Pedestrian Planning Studies competitive grant
program for the Monroe Street Class II Buffered
Bikeway Study, a priority project in the City
of Santa Clara’s Bicycle Plan Update 2018. In
January 2023, the City Council approved an
agreement for a Bikeway Study for Monroe Street
(“Study”). This Study identifies the feasibility
of bicycle improvements along a 1.75-mile-
long section of Monroe Street from Lawrence
Expressway to San Tomas Expressway.
City of Santa Clara Monro e Street Bikeway Planning Study 9 Celebrating Our
Past, Present and
01 . INTRODUCTION AND BACKGROUND
Study Objectives Timeline
Figure 1 . Monroe Street Bikeway Study Schedule
The Study identifies bicycle improvements neces -
sary to expand the existing active transportation
network, close network gaps, provide greater
connectivity to public transportation, increase
mobility, and encourage the public to choose
more sustainable modes of transportation. The
Study also includes a review of potential options
for parking removal or lane reductions. It should
be noted that this project is only a planning level
effort and does not include design, environmental
review, or construction of any concept.
In developing the Study, there were four main
phases of planning:
• Phase 1: Information Gathering and Existing
Conditions Analysis
• Phase 2: Develop and Share Roadway
Concepts
• Phase 3: Review Technical Analysis and
Revised Concepts
• Phase 4: City Council Review and
Consideration
A graphic of the project timeline is shown in
Figure 1.
10 Monro e Street Bikeway Planning Study City o f Santa Clara Phase 1
Community Worksho p s
Phase 2
Commun ity Wor kshops
Information Gathering +
Community Survey
Deve lop and Share Roadway Concepts
Ml -
.
01 . INTRODUCTION AND BACKGROUND
Bicyclist heading westbound on Monroe Street near Marchese Way City of Santa Clara Mon roe Street Bikeway Planning Study 11
02. Existing
Conditions
02 . EXISTING CONDITIONS
Roadway Characteristics
Figure 2 . Map of Monroe Street Corridor Study Area
of mixed-use commercial is also located on the
corridor near the Lawrence Expressway inter-
section. Many important community destinations
along or just off the corridor include Lawrence
Caltrain Station, Everett N. “Eddie” Souza Park,
and the San Tomas Aquino Creek Trail. Bicycle
lanes on Monroe would connect to the existing
Reed Street bicycle lanes in Sunnyvale on the
west side of Lawrence Expressway. This study
corridor would connect to approximately three
miles of existing bicycle lanes on Monroe Street
from San Tomas Creek Trail to the Westfield
Valley Mall. The study corridor is also an unbuilt
segment of a Cross-County Bicycle Corridor
recommended in the Santa Clara County Bicycle
Plan.
This Study evaluates a 1.75-mile-long section of
Monroe Street from the Lawrence Expressway to
the San Tomas Expressway, as shown in Figure
2. This east-west segment of Monroe Street has
four to five lanes and a posted speed limit of
35 miles per hour (mph). There are currently no
bicycle facilities within the project area, but bike
lanes start on Monroe Street east of San Tomas
Expressway. There are existing bicycle lanes
on Monroe Street between Chromite Drive and
San Tomas Expressway. The bicycle lanes end
abruptly and conflict with minimum width recom -
mendations in the City’s Bicycle Master Plan.
Residential uses and schools, including Wilcox
High School, make up the majority of land uses on
the Monroe Street Study Corridor. A small pocket
Wilcox
High
School
City of Santa Clara Mon roe Street Bikeway Planning Study 13 02 . EXISTING CONDITIONS
Study Area Observations
Observations were taken in May 2023 at multiple
locations on the corridor during Wilcox High
School dismissal time when there is the greatest
demand for bicycling and the highest vehicle
congestion.
At Calabazas Boulevard and Monroe Street
• Vehicles queue at the school loop and theater
parking lot, both designated pickup locations.
• Students ride on sidewalks and the street.
Sidewalk riding could be attributed to bicy-
clists not feeling comfortable sharing the travel
lane with vehicles since there is no dedicated
bicycle lane. The narrow sidewalk forces
cyclists onto the road at times.
From Calabazas Creek to Glade Drive on Monroe
Street
• Vehicles queue at the school loop and theater
parking lot, both designated pickup locations.
• Students ride on sidewalks and the street. The
narrow sidewalk forces cyclists onto the road
at times. Most students ride on the sidewalk
The Monroe Street Study Corridor is generally made up of four vehicular travel lanes that transition to four lanes and a center two-way left-turn lane in front of Wilcox High School. The image above is looking east on Monroe at the Calabazas Boulevard intersection.
due to the high volume of cars during dismissal
time.
From Glade Drive to Meadowbrook Drive on
Monroe Street
• People biking utilize the road going eastbound.
• People biking utilize sidewalks going
westbound.
• Vehicles make U-turns and queue up for
school loop entrance.
At Meadowbrook Drive and Monroe Street
• There are high vehicle speeds on Monroe;
vehicles exiting the school loop peel out to
keep up.
• Some vehicles fail to yield to pedestrians at
the Pedestrian Hybrid Beacon (PHB) crossing
and go around stopped vehicles.
• Vehicles stopping for PHB signal slow down
vehicles exiting from the school loop.
14 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 02 . EXISTING CONDITIONS
At Machado Avenue, Francis Avenue, and
Monroe Street
• Vehicles traveling fast on Monroe do not slow
down when transitioning to Francis Avenue.
• Francis Avenue is challenging for cyclists and
pedestrians.
• There are difficult sightlines and complex
vehicle movements at Machado/Monroe.
• Left-turning vehicles from Machado pull into
the bike lane to see what is coming.
• Left-turning vehicles onto Machado must stop
with fast-moving cars behind them.
• People biking cross to the north side of
the street to avoid the Francis/Machado
intersection.
Wilcox High School students using the sidewalk
following school dismissal.
A bicycle rider looking out for vehicles crossing the
bicycle lane at the skewed Monroe Street, Machado
Avenue, and Francis Avenue intersection.
Vehicle crossing the bicycle lane to travel eastbound from Monroe Street to Francis Avenue.
At San Tomas Aquino Creek Trail and Monroe
Street
• There is fast-moving traffic on Monroe, but
vehicles stop for the crossing signal.
• Cyclists ride the wrong way on the south side
of Monroe, both in the bike lane and on the
sidewalk.
• Cyclists wait for the crossing signal to go
northbound.
• Traffic for the left turn onto San Tomas
Expressway backed up traffic so that cars
blocked the bike lane at the intersection.
City of Santa Clara Mon roe Street Bikeway Planning Study 15 02 . EXISTING CONDITIONS
Table 1 . Corridor Travel Time
Time Period Corridor Travel Time
(min:sec)
Westbound
AM Peak 10:25
PM Peak 06:45
Midday 07:00
Saturday 06:22
Eastbound
AM Peak 07:14
PM Peak 11:19
Midday 07:23
Saturday 05:57
Table 2 . Corridor and Surrounding
Networks Level of Service
Time Period Meets Standard Substandard
AM Peak 22 4
PM Peak 23 3
Midday 26 0
Saturday 26 0
Traffic
The project team evaluated the time it currently
takes to travel the entire length of the study
corridor in a car at multiple periods (on a weekday
morning between 7:00 and 9:00 a.m., midday
between 1:30 and 3:30 p.m., and evening
between 4:00 and 6:00 p.m., and on Saturday
between 11:30 a.m. and 1:30 p.m.). During the
busiest time of day going westbound (AM peak
period from 7:00 to 9:00 a.m.), it takes an average
of 10 minutes and 25 seconds to travel the entire
corridor. The AM peak period includes high
school traffic, whereas the PM peak period is
minimally affected by high school traffic. During
the busiest time of day going eastbound (PM
peak period from 4:00 to 6:00 p.m.), it takes an
average of 11 minutes and 19 seconds to travel
the entire corridor, as shown in Table 1: Corridor
Travel Time .
The project team also modeled the traffic delay
or Level of Service (LOS) at 26 intersections
along the study corridor and surrounding streets.
Based on the level of delay, each intersection
gets a letter grade A through F. Intersections
with LOS A through D meet City standards.
Intersections with LOS E meet standards for El
Camino Real (a state highway) and any county
expressway. Otherwise, LOS E and F are consid-
ered substandard. Four of the 26 intersections
studied are currently substandard in the AM
peak period, and three are substandard in the
PM peak period on weekdays, as shown in Table
2: Corridor and Surrounding Networks Level
of Service. For more details on the current and
estimated LOS and anticipated traffic impacts,
see Chapter 3: Corridor Alternative Concepts
and Analysis.
16 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 02 . EXISTING CONDITIONS
Table 3 . Study Intersections
Corridors (East-West)
Cross Streets (North-South)
Kifer Rd Walsh Ave Monroe St Cabrillo Ave
1. Lawrence Expwy 5. Northwestern Pkwy 7. Lawrence Expwy 20. Lawrence Expwy
2. La Rambla Ave 6. San Tomas Expwy 8. Nobili Ave 21. Nobili Ave
3. Corvin Dr 9. Monticello Way 22. Fordham Dr
4. Bowers Ave 10. Calabazas Blvd 23. Calabazas Blvd
11. Glade Dr 24. Francis Ave
12. Meadowbrook Dr 25. Bowers Ave
13. Chromite Dr 26. San Tomas Expwy
14. Bowers Ave
15. Quinn Ave
16. South Dr-Marmon Ct
17. San Tomas Aquino Crk
18. Roosevelt Cir
19. San Tomas Expwy
Figure 3 . Map of Monroe Street Corridor Study Intersections City of Santa Clara Monro e Street Bikeway Planning Study 17 • - .. - - - .. - - -- -- - - - -- - - - - -
z;
X
V
X
l!/ u.
i
~
Mont.a ~
- ~
MON E S I
______ 1KIFER RO
Ar.JrliJn
Wilcox School
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CENTRAL EXPWY
ELLIOT st
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02 . EXISTING CONDITIONS
Monroe Street sees anywhere from 6,000 to
15,000 vehicles over the course of an entire day,
with higher volumes on weekdays, as shown in
Table 4.
Table 4 . Monroe Street Average Daily Traffic Counts
# Location Eastbound Westbound Total
1 Pacific Dr 7-Day 7,258 7,157 14,415
Weekday (T-Th) 7,723 7,440 15,163
Weekend (Sat, Sun) 6,218 6,264 12,482
2 Nobili Ave 7-Day 5,640 6,278 11,918
Weekday (T-Th) 6,160 6,559 12,719
Weekend (Sat, Sun) 4,532 5,387 9,919
3 Fordham Dr 7-Day 5,456 6,172 11,628
Weekday (T-Th) 5,990 6,684 12,675
Weekend (Sat, Sun) 4,275 5,018 9,293
4 Marchese Way 7-Day 5,257 5,347 10,604
Weekday (T-Th) 5,785 5,597 11,382
Weekend (Sat, Sun) 4,144 4,588 8,732
5 Glade Dr 7-Day 4,693 5,105 9,798
Weekday (T-Th) 5,151 5,399 10,550
Weekend (Sat, Sun) 3,756 4,302 8,058
6 Meadowbrook Dr 7-Day 4,778 4,839 9,617
Weekday (T-Th) 5,329 5,135 10,464
Weekend (Sat, Sun) 3,622 4,049 7,671
7 Brown Ave 7-Day 4,039 4,373 8,412
Weekday (T-Th) 4,449 4,574 9,024
Weekend (Sat, Sun) 3,167 3,755 6,922
8 Gallup Dr 7-Day 4,868 5,189 10,057
Weekday (T-Th) 5,383 5,427 10,810
Weekend (Sat, Sun) 3,876 4,505 8,381
9 Roosevelt Cir 7-Day 5,716 6,058 11,774
Weekday (T-Th) 6,219 6,309 12,528
Weekend (Sat, Sun) 4,719 5,352 10,071
18 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 02 . EXISTING CONDITIONS
Safety
Between 2017 and 2022, there were 130 colli-
sions along the Monroe Street Study Corridor,
with five resulting in a fatality or serious injury,
including a pedestrian fatality at the intersection
with Augusta Place. Furthermore, of the 130 colli -
sions, nine involved bicyclists and seven involved
pedestrians. The primary crash factor was unsafe
speeds (37 collisions), followed by improper
turning (28 collisions). Broadside and rear-end
collisions made up 60% of the total collisions. For
collisions involving pedestrians, the pedestrians
were in the crosswalk 64% of the time when they
were struck. A total of 11 bicycle and pedestri-
an-involved collisions occurred on the west side
of the corridor (west of Brown Avenue), primarily
between Nobili Avenue and Monticello Way.
Along this segment, four bicycle and pedestri -
an-involved collisions occurred. Additionally, most
collisions occurred during morning and afternoon
commute hours (6:00 to 8:00 a.m. and 5:00 to
7:00 p.m.). The results are summarized in Figure
4 and Figure 5.
City of Santa Clara Mon roe Street Bikeway Planning Study 19 02 . EXISTING CONDITIONS
Figure 4 . Monroe Street Collision Profile
20 Monro e Street Bikeway Planning Study City o f Santa Clara
MONROE STREET BIKEWAY STUDY
COLLISION PROFILE, 2017 - 2022
KIFER RD
·----------0- -------= ==---==
.
I
I
0 ,--------- ---------- -------- -----~----------- 1 , =-===---== AGATE DR ·- - · -- - -- - - · WALSH AVE Bracher
[lementary
I
I
I
I
I
I
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.---- ----- CABRILLO AVE
0 0 O===">
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vi
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w
~ NewValley
~ l-/1gh
!
t_
Briarwood o O
Elementary
) 0
0 ::i
0)
:::i w
S2
0 Bowers
Elementary
0.25 Cabrillo
Middle
~ X
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0 1-
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0 (/)
0.5MILES
This map shows density of injury-causing INJURY-CAUSING COLLISIONS STUDY FEATURES collisions at intersections and on every Number at Intersection Number on Block block in the study corridor and parallel
streets (Kifer Rd, Cabrillo Ave, and El
Camino Real). Collision data from 2017 to
2022 was provided by the City of Santa
Clara.
alta
0 1
0 2-3
0 4-5
0 6 - 10
0 11 -12
= 1
= 2 - 3
= 4 - 5
- 6-10
- 11 -1 8
- - - - City Boundary
Parks
Santa Clara City
D Monroe Street Bikeway
Study Limits
Schools
02 . EXISTING CONDITIONS
City of Santa Clara Monro e Street Bikeway Planning Study 21
COLLISION CHARACTERISTICS
ALL COLLISIONS ON MONROE STREET
Total l<SI
All Colllslons 130 5
Alcohol Involved 9 1
Speeding lnvol\led 37 2
ColUIIOns After Dart 44 3
Elcycle ~destrian
9 7
0 0
1 0
1 3
Two of the Killed or Serious Injury (KS/) crashes on Monroe Street involved pedestrians.
One occurred near Pacific Drive and one at Augusta Place. There were no bicycle KS/s.
PRIMARY CRASH FACTOR
Unsafe Speed
Improper Turning
Auto R/W Violation 19
Traffic Signals and
Signs 13
Driving Under 9 Influence
0 5 10 15 20 25
Number of Collisions
(I)
C
0 ]
8 COLLISIONS BY TIME OF DAY
20 15
-10 -
5 Property Damage Only
Complaint of Pain
Mmor Injury
Severe Injury
Fatality
28 :I) 35
PEDESTRIAN LOCATION
WHEN STRUCK
Crossing In Crosswalk At lnte1section
- Crossing Not In Crosswalk
TYPE OF COLLISION
Broadslde
- Rear-End
- Olher
Sideswipe
•
0_.__-----,-.--......---r-----r---r---'-r-----r-.--......---r---.---r---..-----r-..--......---r-----r--,----r-----r- .--'¥-- 02 . EXISTING CONDITIONS
Figure 5 . Map of Bicycle-Involved Collisions
22 Monro e Street Bikeway Planning Study City o f Santa Clara
MONROE STREET BIKEWAY STUDY
BICYCLE COLLISIONS
' KIFER RD
~-------------- ---------- ------- --~
, - - - - - - - - - - - - - - - - - - - - -I: :
' Monticello
__ Academy
MONROE-ST
' it'
~· I
: • - " • ~ - CABRILLO AVE
UJ
Ct:
;:
::s
Briarwood
tlemen tary
EL CAMINO REAL
_;~---> 0 ~ 0
INJURY-CAUSING COLLSIONS
BIKE-INVOLVED
Number at Intersection
0 1
Number on Block
- ,
c:::) 3
This map shows density of Injury-causing
collisions at intersections and on every
block in the study corridor and parallel
streets (Kifer Rd, Cabrillo AVe, and El
Camino Real).
Collision data from 2017 to 2022
was provided by the CltY of Santa Clara.
alta
STUDY FEATURES
- - - • City Boundary
Monroe Street
C Bikeway Study
Limits
Parks
Santa Clara City
Schools
Bracher Elementary
0.5 1 MILES
Scott
Lane
Elementa,Y
02 . EXISTING CONDITIONS
Table 5 . Monroe Street Speed Survey Results
Speed Location (Eastbound) 85th Percentile Speed
(mph)
Percentage of People Driving
>35 mph
Pacific Dr 36 20.8%
Nobili Ave 33 40.3%
Fordham Dr 38 28.4%
Marchese Wy 37 23.3%
Glade Dr 39 37.6%
Meadowbrook Dr 39 47.2%
Brown Ave 41 60.1%
Gallup Dr 44 80.9%
Roosevelt Cir 33 9.3%
Eastbound Average 38 38.7%
Speed Location (Westbound) 85th Percentile Speed
(mph)
Percentage of People Driving
>35 mph
Pacific Dr 33 9.3%
Nobili Ave 37 25.8%
Fordham Dr 37 23.0%
Marchese Wy 37 25.1%
Glade Dr 39 37.9%
Meadowbrook Dr 39 38.8%
Brown Ave 42 64.7%
Gallup Dr 44 80.8%
Roosevelt Cir 33 6.5%
Westbound Average 38 34.7%
Corridor Average 38 36 .7%
SPEED DATA
The City collected vehicle speed data using
pneumatic tubes at nine locations along the
corridor across seven days (March 31 to April 6,
2023). Monroe Street has a posted speed limit
of 35 miles per hour (mph). Over 80% of people
driving vehicles in both directions at Monroe
Street and Gallup Drive exceeded the 35-mph
speed limit during the study period. As shown in
Table 5: Monroe Street Speed Survey Results,
the 85th percentile speeds ranged from 33 to
44 mph, averaging 38 mph. The 85th percentile
speed is the speed at which 85% of the people
driving on a road segment travel at or below.
Based on this speed survey, the Study presents
an opportunity to reduce vehicle speeds through
thoughtful roadway design changes.
City of Santa Clara Mon roe Street Bikeway Planning Study 23 02 . EXISTING CONDITIONS
Monroe Street accommodates 319 parking spaces
along the project corridor and 884 parking spaces
on side streets (extending 500 feet up each side
from each Monroe Street intersection). Utilization
rates are calculated by the number of parking
spaces used out of the full available inventory
of legal spaces. Along the north side of Monroe
Street, there is a 39% parking utilization rate,
meaning that out of the 201 parking spaces avail -
able, 79 are regularly used, and 61% are available.
On the south side of the corridor, there is a 36%
parking utilization rate, which means that out of
the 118 parking spaces available, 43 are regu-
larly used, and 64% are available. The corridor’s
average parking utilization rate is 38%, meaning
on average, 62% of available parking is avail-
able or unused. The overnight period had the
highest parking utilization rates, with 43% utilized
on weeknights and weekend nights, and 57%
remaining vacant. The only street segments with
parking utilization rates over 85% are in the area
west of Adrian Wilcox High School, where less
than 15% of spaces are available. These parking
utilization and availability rates are summarized in
Table 6: Availability Summary by Location and
Table 7: Average Utilization by Day and Time and
mapped in
Figure 6 .
Parking Utilization
The project team conducted parking counts along
both sides (westbound and eastbound) of Monroe
Street from Lawrence Expressway to San Tomas
Expressway on three consecutive weekdays
(Tuesday through Thursday) on April 4, 5, and 6,
and on Saturday, April 8, 2023. Counts were also
collected on all side streets along Monroe Street
(500-foot segments) within the project area (i.e.,
24 side streets). Staff conducted counts during
three time periods per day:
• 7:00 to 9:00 a.m. to capture peak daytime
parking needs,
• 11:00 a.m. to 2:00 p.m. to capture peak midday
parking needs, and;
• 2:00 to 4:00 a.m. to capture peak overnight
parking needs.
Available parking spaces were calculated by
measuring the full length of the available frontage
along the roadway and discounting the red curb
frontage. Driveways were also counted and then
subtracted (20 feet per driveway). This number
was then divided by the average parallel parking
spot length of 22 feet.
The City studied the following side streets for 500
feet from Monroe Avenue to the north and south:
• Roosevelt Circle
• South Drive
• Gallup Drive
• Quinn Avenue
• Bowers Avenue
• Augusta Place
• Amethyst Drive
• Brown Avenue
• Chromite Drive
• Meadowbrook Drive
• Glade Drive
• Marchese Way
• Monticello Way
• French Street
• Pacific Drive
• Nobili Avenue
• Fordham Drive
• Calabazas Boulevard
• San Juan Avenue
• Machado Avenue
• Francis Avenue
• Stebbins Avenue
• Elliot Street
• Marmon Court
24 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 02 . EXISTING CONDITIONS
Table 6 . Availability Summary by Location
Location Available Parking
Spaces
Average Cars
Observed Utilization Rate Parking
Availability
Monroe Overall 319 122 38% 62%
Monroe Street -
North Side 201 79 39% 61%
Monroe Street -
South Side 118 43 36% 64%
Side Streets 884 328 37% 63%
Table 7 . Average Utilization and Availability by Day and Time Count Period
Monroe
Street
Parking
Utilization
Monroe
Street
Parking
Availability
Side Street
Parking
Utilization
Side Street
Parking
Availability
Weekday Morning 7:00 - 9:00 a.m. 34% 66% 35% 65%
Weekday Midday 11:00 a.m. - 2:00 p.m. 31% 69% 32% 68%
Weekday Overnight 2:00 a.m. - 4:00 a.m. 43% 57% 42% 58% Weekend Morning 7:00 - 9:00 a.m. 39% 61% 38% 62%
Weekend Midday 11:00 a.m. - 2:00 p.m. 40% 60% 36% 64%
Weekend Overnight 2:00 a.m. - 4:00 a.m. 43% 57% 41% 59% City of Santa Clara Mon roe Street Bikeway Planning Study 25 02 . EXISTING CONDITIONS
Figure 6 . Current Average Parking Availability Rates During Peak Periods 26 Monro e Street Bikeway Planning Study City o f Santa Clara >-$ a..
X
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LU
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z w
g;:
:::::,. St. Lawrence
j Preschool
New Valley
High School
Briarwood
Element ary
S<:/1001
AVERAGE PARKING AVAILABILITY
DURING PEAK PARKING PERIODS
MONROE STREET BIKEWAY STUDY
Adnan Wilcox
School
Parking Availability
- No Parking
- >50%
50%-30%
30%- 15%
- <15%
02 . EXISTING CONDITIONS
City of Santa Clara Monro e Street Bikeway Planning Study 27 • - - - - - -- - - -- - - - - -
( - - I
' - - I
Bracher
r>ark
OJ
i rn ;:o
(/1
~ rn
Oracher
Elementary
School
Bowers Bowers
Elementary Prir k
School
Study Corridor 0
Parks
School
City Boundary
Institute tor Business
& Technology Inc.
a:::
0 I
t
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0 V)
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Scintci Clara
Skate Park
a:::
0 ~ w
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(/)
0 0 a:::
Everett N.
"Eddie"
0.25MILES ~
alta
03. Corridor
Alternative
Concepts
and Analysis
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Alternative Concepts
Existing conditions on Monroe at Calabazas Creek
(top) and Glade Drive (bottom).
To meet the goals of the study, the project team
developed three future visions or alternatives for
the corridor. While each is technically feasible,
they have unique benefits and trade-offs. The
fourth alternative is to do nothing also known as
the “No Build” scenario. This chapter will describe
each of the alternatives.
Existing Conditions/No Build
These roadway cross-sections and the following
concepts show a prototypical location on Monroe
Street to demonstrate different roadway and
intersection design features. The concepts are
not specific to a particular location or intersec-
tion on Monroe Street. The cross-section design
detail and more information on the proposed
dimensions and considerations of a typical
64-foot section of Monroe Street, as well as atyp-
ical sections, can be seen in Figure 7 and Figure
8. The existing conditions are summarized below
and represent a “No Build” scenario.
Monroe Street from Lawrence Expressway to
San Tomas Expressway generally has four traffic
lanes and parking on both sides. The vehicle
travel lanes are 11 to 12 feet wide; curb to curb
width is 64 feet wide (including the gutter), and
the public right-of-way is 74 to 90 feet, which
includes the sidewalk and landscape strip
between the curb and sidewalk. This condition
varies from Calabazas Boulevard to Chromite
Drive, where there is a two-way left-turn lane,
parking only along the north side of the street,
and parking is restricted along the south side
of the street. This condition also varies from
Chromite Drive to San Tomas Creek Trail, where
the vehicle travel lanes are 10 feet wide; there is a
five-foot-wide bike lane and parking on each side
of the street.
City of Santa Clara Mon roe Street Bikeway Planning Study 29 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 7 . Existing Conditions/No Build Cross-Section
9’
11’
9’
5’
5’
12’
11’
12’
8’
8’
P
P
PHOTO: EXISTING CONDITIONS ON
MONROE
PARKING LANES
Curbside parallel parking is
present along the majority of
the corridor
BUS STOPS
Route 21 runs every 30
min along Monroe
CHALLENGING VISIBILITY
Driveway entry and exit is challenging
due to fast-moving vehicles and
curbside parking
NOTE: THESE FIGURES ARE INTENDED ONL Y FOR REFERENCE, CONCEPTUAL PLANNING, AND INFORMATIONAL PURPOSES. THESE FIGURES SHOULD NOT BE
USED TO ESTABLISH BOUNDARIES, PROPERTY LINES, LOCATION OF OBJECTS,
OR TO PROVIDE ANY OTHER INFORMATION TYPICALL Y NEEDED FOR FINAL
DESIGN, CONSTRUCTION OR ANY OTHER PURPOSE WHEN ENGINEERED PLANS ARE REQUIRED.
TYPICAL ROAD WIDTHS DO NOT REFLECT UNIQUE
CONDITIONS, THESE FIGURES ARE DESIGNED TO
FACILITATE PUBLIC FEEDBACK.
64’ WIDE TYPICAL
Existing Conditions / No Build Option
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD
• Sharrows from Nobili Ave to Chromite Dr
• Bike lanes from Chromite Dr to San Tomas Expressway
• 11’-12’ Traffic lane width varies
• 8’-9’ Parking lane width varies
• 90’ Total ROW
30 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
9’
11’
9’
5’
5’
12’
11’
12’
8’
8’
P
P
PHOTO: EXISTING CONDITIONS ON
MONROE
PARKING LANES
Curbside parallel parking is
present along the majority of
the corridor
BUS STOPS
Route 21 runs every 30
min along Monroe
CHALLENGING VISIBILITY
Driveway entry and exit is challenging
due to fast-moving vehicles and
curbside parking
NOTE: THESE FIGURES ARE INTENDED ONL Y FOR REFERENCE, CONCEPTUAL PLANNING, AND INFORMATIONAL PURPOSES. THESE FIGURES SHOULD NOT BE
USED TO ESTABLISH BOUNDARIES, PROPERTY LINES, LOCATION OF OBJECTS,
OR TO PROVIDE ANY OTHER INFORMATION TYPICALL Y NEEDED FOR FINAL
DESIGN, CONSTRUCTION OR ANY OTHER PURPOSE WHEN ENGINEERED PLANS ARE REQUIRED.
TYPICAL ROAD WIDTHS DO NOT REFLECT UNIQUE
CONDITIONS, THESE FIGURES ARE DESIGNED TO
FACILITATE PUBLIC FEEDBACK.
64’ WIDE TYPICAL
Existing Conditions / No Build Option
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD
• Sharrows from Nobili Ave to Chromite Dr
• Bike lanes from Chromite Dr to San Tomas Expressway
• 11’-12’ Traffic lane width varies
• 8’-9’ Parking lane width varies
• 90’ Total ROW
City of Santa Clara Monro e Street Bikeway Planning Study 31 IJ
> ..
:i
•
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 8 . Existing Conditions/No Build Typical Cross-Section Alongside Wilcox High School and Variation from Typical Existing Condition
64'
FACING WEST
10' 10'
TRAVEL LANETRAVEL LANE
11'
CENTER LANE
10'
TRAVEL LANE
14'
TRAVEL LANE
9'
PARKING
SCHOOL
SIDE
FACING WEST
64'
10'
TRAVEL LANE
10'
TRAVEL LANE
10'
TRAVEL LANE
10'
TRAVEL LANE
7'
PARKING
7'
PARKING
5'
BIKE
LANE
5'
BIKE
LANE
64’ WIDE
Existing Conditions / No Build
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• One side parking + center lane
64’ WIDE
Existing Conditions / No Build
VARIATION FROM TYPICAL EXISTING CONDITION
MONROE ST FROM CHROMITE DR TO SAN TOMAS EXPY
• Two sides parking + Class II bike lanes
32 Monro e Street Bikeway Planning Study City o f Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
64'
FACING WEST
10' 10'
TRAVEL LANETRAVEL LANE
11'
CENTER LANE
10'
TRAVEL LANE
14'
TRAVEL LANE
9'
PARKING
SCHOOL
SIDE
FACING WEST
64'
10'
TRAVEL LANE
10'
TRAVEL LANE
10'
TRAVEL LANE
10'
TRAVEL LANE
7'
PARKING
7'
PARKING
5'
BIKE
LANE
5'
BIKE
LANE
64’ WIDE
Existing Conditions / No Build
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• One side parking + center lane
64’ WIDE
Existing Conditions / No Build
VARIATION FROM TYPICAL EXISTING CONDITION
MONROE ST FROM CHROMITE DR TO SAN TOMAS EXPY
• Two sides parking + Class II bike lanes
City of Santa Clara Monro e Street Bikeway Planning Study 33 ®
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Concept A: Two Lanes, Center Turn
Lane, Buffered Bike Lanes, Parking on
Both Sides
This concept removes one travel lane in each
direction and adds a two-way center left-turn
lane. Parking is maintained on both sides of the
street. An eight-foot-wide buffered bicycle lane
(Class IIB) is added to each side of the street,
with five feet of bikeway and three feet of buffer.
On the segment in front of Wilcox High School,
because there is no parking on the south side in
front of the school, the bikeways are wider, with
an eleven-foot-wide separated bike lane on the
south side in front of the school and a nine-foot-
wide buffered bike lane on the north side in front
of residences. The cross-section design detail
and more information on proposed dimensions
and considerations for this concept can be seen
in Figure 9 at typical locations and Figure 10
alongside Wilcox High School.
Concept B: Two Lanes, Center Turn
Lane, Parking-Protected Bike Lanes
This concept removes one travel lane in each
direction and adds a two-way center left-turn
lane. An eight-foot-wide separated bikeway
(Class IV) is added to each side of the street in
this concept, with five feet of bikeway and three
feet of buffer. Parking is maintained on both sides
of the street, but it is positioned outside
the bikeway to act as a vertical separation
between the bikeway and the vehicle travel lane.
On the segment in front of Wilcox High School,
because there is no parking on the south side in
front of the school, the bikeways are wider, with
an eleven-foot-wide separated bike lane on the
south side in front of the school and a nine-foot-
wide parking-protected bike lane on the north
side in front of residences. The cross-section
design detail and more information on proposed
dimensions and considerations for this concept
can be seen in Figure 11 at typical locations and
Figure 12 alongside Wilcox High School.
Concept C: Four Lanes, Buffered Bike
Lanes, Remove Parking on One Side
This concept maintains four travel lanes, but
it removes one parking lane. Parking will be
removed from the south side, as that would have
the least impact on parking supply on the Monroe
Street corridor. A seven-foot-wide buffered
bicycle lane (Class IIB) is added to each side of
the street, with five feet of bikeway and two feet
of buffer. On the segment in front of Wilcox High
School, because of the roadway space needed
for five vehicle lanes, there is less space for
bikeway implementation, with an eight-foot-wide
separated bike lane on the south side in front of
the school, and a five-foot-wide bike lane on the
north side in front of residences. The cross-
section design detail and more information on
proposed dimensions and considerations for this
concept can be seen in Figure 13 at typical loca-
tions and Figure 14 alongside Wilcox High School.
Corridor Design Concepts
34 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Separated bikeways provide a key investment
in the safety and comfort of roadways for all
users. With these configuration changes come
layered discussions about curbside management,
including trash collection, as California Vehicle
Code 21211 (b) prohibits the placement of bins in
travel lanes and bikeways. These concerns can be
mitigated with design and programmatic solutions.
Specific designs for this corridor could include
regular breaks in bikeway curbs or planting strips
(particularly around driveways), targeted sections
of painted buffers with spaced vertical elements,
such as bollards or flex posts, and mountable
curbs in areas designated for bins. Programmatic
solutions could include postcard mailers to
residents, stickers for bins with placement instruc -
tions, and City staff presence around the first few
trash days to engage residents and businesses.
These solutions can allow regular weekly trash
collection in the design concepts.
Additionally, the City’s Annual Cleanup Campaign
for bulky item pickup is a part of considerations
for the design. No Build Option and Concept A
allow the Annual Cleanup Campaign to operate the
same as the current set-up where residents can
temporarily place the bulky items next to the curb.
Concept B and Concept C (south side only) would
impede the pick-up of bulky items when bike lanes
are next to the curb, or if no on-street parking
space or shoulder is available. If Concept B or
Concept C is selected, there are currently alter-
native programmatic options for disposal of bulk
and hazardous items listed on the City’s website,
including on-call pickups and disposal sites.
The 2017 Fresno Class IV Bikeway Design Guide
provides guidance on loading and garbage access
for larger collections and dumpster pickup. The
City of Los Gatos coordinated with their residential
trash collection service provider to identify areas
for bin placement on Winchester Boulevard, as
noted in their 2021 FAQ document for the commu-
nity. In 2022, the City of Petaluma implemented
a demonstration project on Rainer Avenue that
included a parking-protected separated bikeway
in a single-family residential area. The project
includes a combination of red curbs and painted
buffers around driveways, creating a designated
space for trash bins. This demonstration project
used paint and flexible posts and is moving
forward to become permanent. Similarly, the
City of San Luis Obispo created designated trash
bin space on the North Chorro Neighborhood
Greenway. The Richmond Wellness Trail in the City
of Richmond also left space or painted buffers to
accommodate bins and large item pickup.
On the programmatic side, Napa launched a Don’t
Trash the Bike Lane effort to educate community
members on how to place bins to keep bike lanes
clear and safe for users. Los Gatos coordinated
with their residential trash collection service
provider and several multifamily residences with
commercial garages to identify specific areas for
community members to place bins on Winchester
Boulevard, as noted in their 2021 FAQ document.
Designated trash bin locations at driveways on the
Rainier Avenue Paving and Traffic Calming Upgrades
Project, City of Petaluma, CA
Loading and Garbage Access at Mid-Block Locations
(Source: 2017 Fresno Class IV Bikeway Design Guide)
Lessons Learned in Trash Collection with Separated Bikeways City of Santa Clara Mon roe Street Bikeway Planning Study 35 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 9 . Concept A: Two Lanes, Center Turn Lane, Buffered Bike Lanes, Parking on Both Sides - Typical Condition
8’
11’
8’
5’
5’
5’
10’
5’3’
3’
11’
8’
8’
P
P
PARKING
Maintains curbside parking IMPROVED VISIBILITY
Striped buffers at driveways
improve sight lines
EXAMPLE OF BUFFERED BIKE LANES
A buffer between vehicle traffic provides
additional horizontal separation from vehicles.
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
TRASH COLLECTION
Facilitates bin location for
trash collection.
64’ WIDE TYPICAL
Concept A
TWO LANES, CENTER TURN LANE, BUFFERED BIKE LANES,
PARKING ON BOTH SIDES
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 2 Traffic lanes + Center turn lane
• Class II buffered bike lanes
• Conflict striping at bus stops
• Increased visibility at driveways
• Maintains on-street parking
on both sides
36 Monro e Street Bikeway Planning Study City o f Santa Clara I >
I 1-,..
! BJ
I Cl
10 : 2:
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
8’
11’
8’
5’
5’
5’
10’
5’3’
3’
11’
8’
8’
P
P
PARKING
Maintains curbside parking IMPROVED VISIBILITY
Striped buffers at driveways
improve sight lines
EXAMPLE OF BUFFERED BIKE LANES
A buffer between vehicle traffic provides
additional horizontal separation from vehicles.
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
TRASH COLLECTION
Facilitates bin location for
trash collection.
64’ WIDE TYPICAL
Concept A
TWO LANES, CENTER TURN LANE, BUFFERED BIKE LANES,
PARKING ON BOTH SIDES
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 2 Traffic lanes + Center turn lane
• Class II buffered bike lanes
• Conflict striping at bus stops
• Increased visibility at driveways
• Maintains on-street parking
on both sides
City of Santa Clara Monro e Street Bikeway Planning Study 37 ~ -' .....
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 10 . Concept A: Two Lanes, Center Turn Lane, Buffered Bike Lanes, Parking on Both Sides - Alongside Wilcox High School
64'
FACING WEST
12'
TRAVEL LANE
12'
CENTER LANE
12'
TRAVEL LANESEPARATED
BIKEWAY
8'
PARKINGBUFFERED
BIKE LANE
3' 6'4' 7'
SCHOOL
SIDE
64’ WIDE
Concept A
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side buffered bike lane - in front of residences 38 Monro e Street Bikeway Planning Study City o f Santa Clara • I
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
64'
FACING WEST
12'
TRAVEL LANE
12'
CENTER LANE
12'
TRAVEL LANESEPARATED
BIKEWAY
8'
PARKINGBUFFERED
BIKE LANE
3' 6'4' 7'
SCHOOL
SIDE
64’ WIDE
Concept A
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side buffered bike lane - in front of residences City of Santa Clara Monro e Street Bikeway Planning Study 39 ®
·I· . I I
. '
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 11 . Concept B: Two Lanes, Center Turn Lane, Parking-Protected Bike Lanes - Typical Condition
3’
11’
3’8’
5’ 5’
5’5’
10’
8’ 11’
8’
8’
P
P
IMPROVED VISIBILITY
Striped buffers at driveways
improve sight lines
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
PARKING PROTECTED BIKE LANES
Parking along the corridor is retained
between the bike lane and vehicle
lanes. This provides bike lanes users
separation and protection from vehicle
traffic and buffer from vehicle doors.
This design also provides room for safe
vehicle passenger boarding and has the
added co-benefit of improving sidewalk
user comfort.
TRASH COLLECTION
Facilitates bin location for
trash collection.
EXAMPLE OF PARKING PROTECTED BIKE
LANES
64’ WIDE TYPICAL
Concept B
TWO LANES, CENTER TURN LANE,
PARKING-PROTECTED BIKE LANES
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 2 Traffic lanes + Center turn lane
• Transit boarding mixing zones
• Maintains on-street parking
• Bike lanes are parking protected
40 Monro e Street Bikeway Planning Study City o f Santa Clara
PROPERTY
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Oo o ~ ~x w
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PROPERTY
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
3’
11’
3’8’
5’ 5’
5’5’
10’
8’ 11’
8’
8’
P
P
IMPROVED VISIBILITY
Striped buffers at driveways
improve sight lines
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
PARKING PROTECTED BIKE LANES
Parking along the corridor is retained
between the bike lane and vehicle
lanes. This provides bike lanes users
separation and protection from vehicle
traffic and buffer from vehicle doors.
This design also provides room for safe
vehicle passenger boarding and has the
added co-benefit of improving sidewalk
user comfort.
TRASH COLLECTION
Facilitates bin location for
trash collection.
EXAMPLE OF PARKING PROTECTED BIKE
LANES
64’ WIDE TYPICAL
Concept B
TWO LANES, CENTER TURN LANE,
PARKING-PROTECTED BIKE LANES
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 2 Traffic lanes + Center turn lane
• Transit boarding mixing zones
• Maintains on-street parking
• Bike lanes are parking protected
City of Santa Clara Monro e Street Bikeway Planning Study 41 •
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 12 . Concept B: Two Lanes, Center Turn Lane, Parking-Protected Bike Lanes – Alongside Wilcox High School
64'
FACING WEST
12'
TRAVEL LANE
12'
CENTER LANE
12'
TRAVEL LANESEPARATED
BIKEWAY
8'
PARKING SEPARATED
BIKEWAY
3' 6'4' 7'
SCHOOL
SIDE
64’ WIDE
Concept B
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side parking-protected bike lane - in front of residences 42 Monro e Street Bikeway Planning Study City o f Santa Clara _!I __ _
'I' I'
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
64'
FACING WEST
12'
TRAVEL LANE
12'
CENTER LANE
12'
TRAVEL LANESEPARATED
BIKEWAY
8'
PARKING SEPARATED
BIKEWAY
3' 6'4' 7'
SCHOOL
SIDE
64’ WIDE
Concept B
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side parking-protected bike lane - in front of residences City of Santa Clara Monro e Street Bikeway Planning Study 43 ® ~--
'I' I' 'I'
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 13 . Concept C: Four Lanes, Buffered Bike Lanes, Remove Parking on One Side - Typical Condition
8’
11’
5’
5’
10’
5’2’ 11’
8’
8’
P
10’
5’ 2’
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
EXAMPLE OF BUFFERED BIKE LANES
A buffer between vehicle traffic provides
additional comfort for cyclists.
PARKING ON ONE SIDE
Maintains some street
parking
64’ WIDE TYPICAL
Concept C
FOUR LANES, BUFFERED BIKE LANES, REMOVE PARKING ON ONE SIDE MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 4 Traffic lanes
• Class II buffered bike lanes
• Conflict striping at bus stops
• Maintain on-street parking
on one side
44 Monro e Street Bikeway Planning Study City o f Santa Clara
PROPERTY
LINE
-----
J> n
TJ C
..... TJ :::rJ ,,,.,,, :::0 OJ
j o i (J)
?< n ~
CD C
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PROPERTY-
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
8’
11’
5’
5’
10’
5’2’ 11’
8’
8’
P
10’
5’ 2’
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
EXAMPLE OF BUFFERED BIKE LANES
A buffer between vehicle traffic provides
additional comfort for cyclists.
PARKING ON ONE SIDE
Maintains some street
parking
64’ WIDE TYPICAL
Concept C
FOUR LANES, BUFFERED BIKE LANES, REMOVE PARKING ON ONE SIDE MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 4 Traffic lanes
• Class II buffered bike lanes
• Conflict striping at bus stops
• Maintain on-street parking
on one side
City of Santa Clara Monro e Street Bikeway Planning Study 45 •
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 14 . Concept C: Four Lanes, Buffered Bike Lanes, Remove Parking on One Side – Alongside Wilcox High School
64'
FACING WEST
10' 10'
TRAVEL LANETRAVEL LANE
11'
CENTER LANE
10'
TRAVEL LANE
5' 3' 5'
BIKE LANE
10'
TRAVEL LANESEPARATED
BIKEWAY
SCHOOL
SIDE
64’ WIDE
Concept C
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side bike lane - in front of residences
• Remove parking on the residential side
46 Monr oe Street Bikeway Planning Study City of Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
64'
FACING WEST
10' 10'
TRAVEL LANETRAVEL LANE
11'
CENTER LANE
10'
TRAVEL LANE
5' 3' 5'
BIKE LANE
10'
TRAVEL LANESEPARATED
BIKEWAY
SCHOOL
SIDE
64’ WIDE
Concept C
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side bike lane - in front of residences
• Remove parking on the residential side
City of Santa Clara Monro e Street Bikeway Planning Study 47 I . · I
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Traffic Analysis
Safety
COLLISION REDUCTION ESTIMATE
Using the latest data from the Caltrans Local
Roadway Safety manual and the Federal Highway
Administration Crash Modification Factors (CMFs)
for roadway changes, the project team conducted
a collision analysis for Monroe Street
1. A CMF
is a multiplicative factor used to compute the
expected number of crashes after implementing
a given countermeasure at a specific site. The
project team used a CMF of 0.65 associated
with the safety countermeasure of “road diet”
(reducing travel lanes and adding a two-way
center left-turn lane and bike lanes) for collisions
in Concepts A and B. The team then applied a
CMF of 0.75 with the countermeasure of “install
bike lanes” to bicycle collisions only in Concepts
A, B, and C. Finally, the team used a CMF of 0.55
for the conversion of a standard bicycle lane to a
separated bikeway, resulting in increased safety
benefits for people riding bicycles.
1 Estimate based on formula from California Department of Transportation (Caltrans), Local Roadway Safety: A Plan for California’s Local Road Owners, 2022. https://dot.ca.gov/-/media/ dot-media/programs/local-assistance/documents/hsip/2022/ lrsm2022.pdf .
From 2017 to 2022, there were 130 vehicle-to-
vehicle collisions and nine collisions involving a
bicyclist. These numbers serve as the baseline
for the No Build or Existing Conditions concept.
The analysis estimates how many collisions would
have been avoided during the same time period if
each concept had been built. In Concept A: Two
Travel Lanes, Center Turn Lane, Buffered Bike
Lanes, Parking on Both Sides, it is anticipated that
there would have been 45 fewer vehicle collisions
and two fewer bicycle collisions. In Concept B:
Two Travel Lanes, Center Turn Lane, Parking-
Protected Bike Lanes, it is anticipated there
would have been 45 fewer vehicle collisions and
five fewer bicycle collisions. This concept would
have resulted in the highest estimated safety
benefits for drivers and people riding bicycles.
In Concept C: Four Travel Lanes, Buffered Bike
Lanes, Remove Parking on One Side, it is antic-
ipated there would have been no reduction in
vehicle collisions and two fewer bicycle collisions.
The results of the collision analysis are included
in Table 8: Estimated Collision Reductions with
Crash Modification Factors (2017–2022).
Table 8 . Estimated Collision Reductions with Crash Modification Factors (2017–2022) Concept Road
Diet
Bike Lane
Type
Vehicle
Collisions
Total
Vehicle
Collisions
Reduced
Bike
Collisions
Total
Bike
Collisions
Reduced
Total
Collisions
Total
Collisions
Reduced
Existing
Conditions/
No Build
– – 130 – 9 – 139 –
Concept A
(estimated) Yes Buffered 85 45 7 2 92 47
Concept B
(estimated) Yes Parking-
Protected 85 45 4 5 89 50
Concept C
(estimated) No Buffered 130 0 7 2 137 2
48 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Traffic Diversion
To determine the traffic that would be diverted
from Monroe Street to Kifer Road and Cabrillo
Avenue as a result of the road diet, the City’s
travel demand model was utilized. Existing and
Existing Plus Road Diet travel demand models
were run to determine volumes along the corri -
dors for each scenario. The Existing travel
demand model provides a baseline condition
where Monroe Street is two lanes in each direc-
tion. The Existing Plus Road Diet travel demand
model was created by adjusting the model’s
network and reducing the travel lanes from two
lanes to one lane in each direction along the
study corridor. The volume difference between
the two scenarios represents the traffic diversion
as a result of the road diet. On Monroe Street,
there would be an average of 26% reduction in
traffic for the westbound direction and a 12%
reduction for the eastbound direction for the
entire segment during the weekday AM peak
hour. There would be an average 12% reduction
in traffic for the westbound direction and 18%
reduction for the eastbound direction for the
entire segment during the weekday PM peak
hour. It should be noted that traffic diversion is
not assumed during the Saturday and weekday
midday peak hours as there is sufficient capacity
along Monroe Street to accommodate existing
traffic with the road diet. Appendix A-2: Traffic
Analysis Memo diagrams the modeled changes
in traffic diversion in Figures 6-9 of that memo.
City of Santa Clara Mon roe Street Bikeway Planning Study 49 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Traffic Operations
TRAVEL TIME
The project team evaluated the time it takes
to travel the entire length of the study corridor
in a car at multiple periods (weekday morning
between 7:00 and 9:00 a.m., midday between
1:30 and 3:30 p.m., evening between 4:00 and
6:00 p.m., and on Saturday between 11:30 a.m.
and 1:30 p.m.). The project team then modeled
the estimated time it would take to travel the
length of the study corridor under Concepts A
and B, which both involve the reduction of one
travel lane in each direction.
During the busiest time of day going westbound
(AM peak period between 7:00 and 9:00 a.m.), it
takes an average of 10 minutes and 25 seconds
to travel the entire corridor. That time would
increase by 76% to 18 minutes and 18 seconds
under Concepts A and B. The AM peak period
includes high school traffic, whereas PM peak
period would be minimally affected by high
school traffic.
During the busiest time of day going eastbound
(PM peak period between 4:00 and 6:00 p.m.), it
takes an average of 11 minutes and 19 seconds
to travel the entire corridor. That would increase
20% to 13 minutes and 35 seconds under
concepts A and B. The full results of the travel
time analysis are in Table 9: Modeled Travel Time
Changes (in minutes) .
Table 9 . Modeled Travel Time Changes (in minutes)
Time Period
No Build
and Concept C
(min:sec)
Lane Removal
Concepts A & B
(min:sec)
Travel Time Increase
(min:sec and %)
Westbound
AM Peak 10:25 18:18 07:53 76%
PM Peak 06:45 08:52 02:07 31%
Midday 07:00 08:34 01:34 22%
Saturday 06:22 06:27 00:05 1%
Eastbound
AM Peak 07:14 07:55 00:41 9%
PM Peak 11:19 13:35 02:16 20%
Midday 07:23 09:09 01:46 24%
Saturday 05:57 06:23 00:26 7%
Note: Travel times represent modeled times and are above the average time recorded with field data during peak travel periods.
50 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
LEVEL OF SERVICE
The project team also modeled the traffic delay
or Level of Service (LOS) at 26 intersections along
the study corridor and surrounding streets. Based
on the level of delay, each intersection gets a
letter grade A through F. Intersections with LOS A
through D meet City standards. Intersections with
LOS E meet standards for El Camino Real (a state
highway) and any county expressway. Otherwise,
LOS E and F are considered substandard.
Four of the 26 intersections studied are currently
substandard in the AM peak period, and three
are substandard in the PM peak period on week-
days. Under Concepts A and B, which involve
the reduction of one travel lane in each direction
(road diet), the number of substandard inter-
sections remains at four in the AM peak period
and increases from three to four in the PM peak
period. The results are summarized in Table 10:
Level of Service Analysis Results and Figure 15
through Figure 20.
Concepts A and B would impact the following
intersections:
• Monroe Street and Bowers Avenue would
change to substandard during AM and PM
peak
• Monroe Street and San Tomas Expressway
would improve to meet City standards during
AM peak, due to likely traffic diversion
The project team also conducted a queuing anal -
ysis to evaluate how each concept would affect
Table 10 . Level of Service Analysis Results
Time Period No Build and Concept C Lane Removal – Concepts A & B Meets Standard Substandard Meets Standard Substandard
AM Peak 22 4 22 4
PM Peak 23 3 22 4
Midday 26 0 26 0
Saturday 26 0 26 0
the distance in which vehicles would queue to
turn at intersections. Long queues require drivers
to wait through multiple signal cycles to turn and
could impact overall traffic delay. Under the lane
removal scenario, Concepts A and B, the anal -
ysis did not show significant increases in queue
lengths at Monroe Street intersections except at
Monroe Street and San Tomas Expressway:
• Westbound right-turn queue is anticipated to
increase by approximately four vehicles during
the AM peak.
• Southbound left-turn queue is anticipated to
increase by approximately one vehicle during
the PM peak.
The westbound right-turn queue backs up
because there is an increase in volume at this
movement with the road diet. People driving
vehicles will likely reroute to avoid staying on
Monroe Street, and they will instead use the
parallel routes. At Monroe Street and San Tomas
Expressway, westbound through traffic may shift
and make a right turn with the road diet to get
onto Kifer Road and avoid Monroe Street. The
right-turn lane configuration (or overall intersec-
tion configuration in general) does not change at
this intersection since modifications to express -
ways are not part of the project. To mitigate the
LOS impacts of Concepts A & B, the City could
explore signal timing adjustments, optimizing
other routes, or promoting transportation demand
management strategies such as encouraging
carpooling/vanpooling, public transit, and walking
and bicycling.
City of Santa Clara Mon roe Street Bikeway Planning Study 51 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 15 . Level of Service Analysis for Existing Conditions and Concept C – Weekday AM and PM Peak Hours
52 Monro e Street Bikeway Planning Study City o f Santa Clara I
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LOS ANALYSIS FOR EXISTING CONDITIONS AN
CONCEPT C: FOUR LANES, BUFFERED BIKE l)
REMOVE PARKING ON ONE SIDE
MONROE STREET
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
City of Santa Clara Monro e Street Bikeway Planning Study 53 ,'(\
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-
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LOS ANALYSIS LEGEND
ID AM PEAK
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- I
t Substandard
PM PEAK
•
Meets Standards
•
Substandard
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Middle
School
City Boundary
School
Parks
Study Corridor
Warburton
Park and
Pool
0.25 MILES
~
alta
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 16 . Level of Service Analysis for Concepts A and B (Lane Removal) – Weekday AM and PM Peak Hours
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
New Valley
High School
Machado Park
Warburton Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
Substandard
Meets Standards
PM PEAK
Substandard
Meets Standards
AM PEAK
LOS ANALYSIS LEGENDPEAK TIMES LOS ANALYSIS FOR CONCEPT A: TWO LANES,
CENTER TURN LANE, BUFFERED BIKE LANES, PARKING ON
BOTH SIDES AND CONCEPT B: TWO LANES, CENTER TURN
LANE, PARKING-PROTECTED BIKE LANE
54 Monro e Street Bikeway Planning Study City o f Santa Clara _______, - _, I ■
-11
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
New Valley
High School
Machado Park
Warburton Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
Substandard
Meets Standards
PM PEAK
Substandard
Meets Standards
AM PEAK
LOS ANALYSIS LEGENDPEAK TIMES LOS ANALYSIS FOR CONCEPT A: TWO LANES,
CENTER TURN LANE, BUFFERED BIKE LANES, PARKING ON
BOTH SIDES AND CONCEPT B: TWO LANES, CENTER TURN
LANE, PARKING-PROTECTED BIKE LANE
City of Santa Clara Monro e Street Bikeway Planning Study 55 41 41
r -- I
-
-r--------ir--- ---, ~
a a
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 17 . Level of Service Analysis for Existing Conditions and Concept C – Saturday
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
SATURDAY PEAK LOS ANALYSIS FOR EXISTING
CONDITIONS AND CONCEPT C: FOUR LANES, BUFFERED
BIKE LANES, REMOVE PARKING ON ONE SIDE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
SATURDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
56 Monro e Street Bikeway Planning Study City o f Santa Clara '== . • - - -~ - - - - - -. - - - - - - - - : --- \ ·-- :
I
'
I
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----L_-_-- - - - - - ------- ---
---------- I -------- i
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
SATURDAY PEAK LOS ANALYSIS FOR EXISTING
CONDITIONS AND CONCEPT C: FOUR LANES, BUFFERED
BIKE LANES, REMOVE PARKING ON ONE SIDE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
SATURDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
City of Santa Clara Monro e Street Bikeway Planning Study 57 -- -
• •
r -- I
.. ,, ~---- I
-
a
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 18 . Level of Service Analysis for Concepts A and B (Lane Removal) – Saturday
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
SATURDAY PEAK TIME LOS ANALYSIS FOR CONCEPT
A: TWO LANES, CENTER TURN LANE, BUFFERED BIKE LANES,
PARKING ON BOTH SIDES AND CONCEPT B: TWO LANES,
CENTER TURN LANE, PARKING-PROTECTED BIKE LANE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
SATURDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
58 Monro e Street Bikeway Planning Study City o f Santa Clara I
e: .i........-;- I
I
I
I
I
I
I
I
?--f- /, I
I
I
• • ••• -
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
SATURDAY PEAK TIME LOS ANALYSIS FOR CONCEPT
A: TWO LANES, CENTER TURN LANE, BUFFERED BIKE LANES,
PARKING ON BOTH SIDES AND CONCEPT B: TWO LANES,
CENTER TURN LANE, PARKING-PROTECTED BIKE LANE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
SATURDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
City of Santa Clara Monro e Street Bikeway Planning Study 59 -- -
• •
r -- I
-
~==== -
~·--·
-=-====: -
--- I
-
al
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 19 . Level of Service Analysis for Existing Conditions and Concept C – Midday
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
WEEKDAY MIDDAY PEAK TIME LOS ANALYSIS FOR
EXISTING CONDITIONS AND CONCEPT C: FOUR LANES,
BUFFERED BIKE LANES, REMOVE PARKING ON ONE SIDE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
MIDDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
60 Monro e Street Bikeway Planning Study City o f Santa Clara - - - - - -- - - - - - - - - - - -
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- - __ ... ------ .
--: -
•~-
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
WEEKDAY MIDDAY PEAK TIME LOS ANALYSIS FOR
EXISTING CONDITIONS AND CONCEPT C: FOUR LANES,
BUFFERED BIKE LANES, REMOVE PARKING ON ONE SIDE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
MIDDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
City of Santa Clara Monro e Street Bikeway Planning Study 61 • •
• •
r -- I
a a
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 20 . Level of Service Analysis for Concepts A and B (Lane Removal) – Midday
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
WEEKDAY MIDDAY PEAK TIME LOS ANALYSIS FOR CONCEPT
A: TWO LANES, CENTER TURN LANE, BUFFERED BIKE LANES,
PARKING ON BOTH SIDES AND CONCEPT B: TWO LANES,
CENTER TURN LANE, PARKING-PROTECTED BIKE LANE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
MIDDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
62 Monro e Street Bikeway Planning Study City o f Santa Clara ~=
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- - ------ I - ---------- ~ -- ' - -- ' --- \ --- :
- - - - - - - - - - - - - - -- - - - - - - - - - -
• -1
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
GALLUP DR
CHROMITE DR
GLADE DR
ROOSEVELT CIR
SOUTH DR
MARCHESE WAY
MONTICELLO WAY
MEADOWBROOK DRFRENCH ST
MONROE ST
CABRILLO AVE
KIFER RD
CORVIN DR
LA RAMBLA AVE
NB CALABAZAS BLVD
SB CALABAZAS BLVD
LAWRENCE EXPY
CABRILLO AVE
SAN TOMAS AQUINO CREEK
NORTHWESTERN PKWYWALSH AVE
SAN TOMAS EXPY
MONROE ST
QUINN AVE
FO
RDH
AM
DR
AMETHYST DR
MACHADO AVE
BROWN AVE
AUGUSTA PL
STEBBINS AVE
NOBI
LI A
VE
BOWERS AVE
CALABAZAS BLVD
FRANCIS AVE
SAN JUAN AVE
ELLIOT ST
PA
CIFIC DR
MARMON CT
Cabrillo
Montessori School
of Silicon Valley
Cabrillo
Middle
School
Bowers
Elementary
School
Monticello
Academy
Santa Clara
Skate Park
Everett N.
"Eddie"
Souza Park
LAWRENCE EXPWY
SAN
TOMAS EXPWY
New Valley
High School
St. Lawrence
Preschool
Institue for
Business &
Technology Inc
Briarwood
Elementary
School
Bracher
Elementary
School
Adrian
Wilcox School
Machado Park
Warburton
Park and Pool
Bowers
Park
Bracher Park
MONROE STREET
WEEKDAY MIDDAY PEAK TIME LOS ANALYSIS FOR CONCEPT
A: TWO LANES, CENTER TURN LANE, BUFFERED BIKE LANES,
PARKING ON BOTH SIDES AND CONCEPT B: TWO LANES,
CENTER TURN LANE, PARKING-PROTECTED BIKE LANE
Data provided by the City of Santa Clara. Document: N:\Shared\PROJECTS\2022\00-2022-249 Santa Clara, CA Monroe Street Bikeways\GIS\Process\22-249_MonroeStreetBikeways_Basemap.aprx. Date saved: 7/17/2023. 0 0.25 MILES
City Boundary
School
Parks
Study Corridor
MIDDAY PEAK TIME
LOS ANALYSIS LEGEND
Substandard
Meets Standard
City of Santa Clara Monro e Street Bikeway Planning Study 63 • •
' -- I
-
~=== -
====------------.. • ■ I I
----====== -
--- I
-
a
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
VEHICLE MILES TRAVELED
The project team also calculated changes to
vehicle miles traveled (VMT) if a bikeway were
to be installed. Depending on how available and
inviting alternatives to driving a personal vehicle
are, people will change their behavior, shifting
certain trips from driving to walking, biking,
or transit. The City used the VMT Reduction
Estimation methodology developed by the
California Air Resources Board
2. The City esti-
mated that a continuous bicycle facility on the
corridor will reduce VMT by 11,991 miles per year.
2 For the methodology used to calculate VMT, see California Air Resources Board, Quantifying Reductions in Vehicle Miles Traveled from New Bike Paths, Lanes, and Cycle Tracks, 2019. https://ww2.arb.ca.gov/sites/default/files/auction-proceeds/ bicycle_facilities_technical_041519.pdf . Seasonal adjustment factors followed the methodology in the National Bicycle and Pedestrian Documentation Project Count Adjustment Factors, 2009. https:// bikepeddocumentation.org/application/files/6114/6671/7593/NBPD_ Adjustment_Factors.pdf
Parking
In addition to measuring current parking demand,
the project team evaluated the effect each
concept would have on parking. The Existing
Conditions/No Build Concept and Concepts A
and B maintain the parking on Monroe Street.
However, given recent daylighting laws around
intersections and designs to increase visibility
around driveways, there may be some small
reduction of parking and change in the parking
utilization rate. Concept C removes parking
on one side to accommodate the other design
features. While Concept C does not indicate if
parking should be removed on the north or south
side, the project team analyzed the results for
each. Under this analysis, the project team evalu -
ated two scenarios.
• Scenario 1: All parking on the north side of
Monroe Street is removed
• Scenario 2: All parking on the south side of
Monroe Street is removed
Note that on-street parking would need to be
removed on both sides of the street in front of
Wilcox High School in Concept C in order to
preserve the center turn lane to accommodate
traffic entering and exiting the parking lot.
64 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
on the south side under Concept C, the parking
demand would increase on the north side, and
parking availability would decrease from 61% to
51%.
Table 11: Estimated Parking Availability on
Monroe Street with Parking Removal Scenarios
shows the average percentage of unused parking
spots available on Monroe Street currently, which
apply to Concepts A and B, where no parking
is removed. The table also shows anticipated
changes to average parking availability under
Concept C. Parking is removed on the north side
of Monroe Street in front of Wilcox High School
in one scenario, and on the south side of the
street in the other. Maps showing those antici-
pated changes to parking availability are shown in
Figure 21 through Figure 23.
Table 11 . Estimated Parking Availability on Monroe Street with Parking Removal Scenarios Location Existing/No Build
and Concepts A & B
Concept C Anticipated:
North Side Parking
Removed
Concept C Anticipated:
South Side Parking
Removed
Monroe Street
North Side
61% N/A 51%
Monroe Street
South Side
64% 44% N/A
Side Streets Overall 63% 57% 57%
Under each scenario, the project team assumed
that people typically parked vehicles on the north
or south side of Monroe would be parked across
the street and occupy up to 100% of typically
available spaces. If there are not enough spaces
available to meet the parking demand, the anal -
ysis assumes the remaining demand for parking
would be met by distributing parked vehicles
evenly between the two closest side streets.
Under existing conditions, 61% of parking is avail -
able on the north side of Monroe Street, and 64%
is available on the south side of Monroe Street.
If parking were removed on the north side under
Concept C, the parking demand would increase
on the south side, and parking availability would
drop from 64% to 44%. If parking were removed
City of Santa Clara Mon roe Street Bikeway Planning Study 65 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 21 . Average Parking Occupancy During Peak Periods 66 Monro e Street Bikeway Planning Study City o f Santa Clara >-$ a..
X
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:::::,. St. Lawrence
j Preschool
New Valley
High School
Briarwood
Element ary
S<:/1001
AVERAGE PARKING AVAILABILITY
DURING PEAK PARKING PERIODS
MONROE STREET BIKEWAY STUDY
Adnan Wilcox
School
Parking Availability
- No Parking
- >50%
50%-30%
30%- 15%
- <15%
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
City of Santa Clara Monro e Street Bikeway Planning Study 67 • - - - - - -- - - -- - - - - -
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 22 . Average Parking Occupancy Anticipated – Monroe Street North Side Parking Removed
MONROE STREET BIKEWAY STUDY
68 Monro e Street Bikeway Planning Study City o f Santa Clara f
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SCENARIO ANALYSIS
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NORTH SIDE PARKING REMOVED
MONROE STREET
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- >SO%
50% • 30%
30% • 15%
- <15 %
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
City of Santa Clara Monro e Street Bikeway Planning Study 69 Concept C: Four Lanes, Buffered Bike Lanes,
Remove Parking on One Side
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Figure 23 . Average Parking Occupancy Anticipated – Monroe Street South Side Parking Removed
MONROE STREET BIKEWAY STUDY
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
City of Santa Clara Monro e Street Bikeway Planning Study 71 Concept C: Four Lanes, Buffered Bike Lanes,
Remove Parking on One Side
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03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Summary
Analyses of the alternatives are summarized in Table 12 and Table 13.
Table 12 . Analysis Summary
Concept Speed Reduction Collision Reduction
Potential Parking Available Peak Travel Time*
(min:sec)
Substandard Level
of Service
Annual VMT
Reduction Estimate
Current Conditions / No Build 37% of drivers exceeded
35 mph limit None N: 61%
S: 64%
AM: 10:25
PM: 11:19
AM: 4
PM: 3 None
Concept A - Two Lanes, Turn Lane, Buffered
Bike Lanes 3-6 mph slower Yes N: 61%
S: 64%
AM: 18:18
PM: 13:35
AM: 4
PM: 4 (+1) 11,911
Concept B - Two Lanes, Turn Lane, Parking-
Protected Bike Lanes 3-6 mph slower Yes N: 61%
S: 64%
AM: 18:18
PM: 13:35
AM: 4
PM: 4 (+1) 11,911
Concept C - Four Lanes, No Parking on One
Side, Buffered Bike Lanes 1-6 mph slower Negligible N: 51%** AM: 10:25 PM: 11:19
AM: 4
PM: 3 11,911
*Peak travel times in the AM are westbound on Monroe St, and eastbound in the PM. **For Concept C, parking would be removed from the south side, as that would have the least impact on parking supply.
SOURCES: The annual VMT reduction estimate is based on formula from California Air Resources Board, Quantifying Reductions in Vehicle Miles Traveled from New Bike Paths, Lanes, and Cycle Tracks https://ww2.arb.ca.gov/sites/default/files/auction-proceeds/bicycle_facilities_technical_041519.pdf 72 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Table 12 . Analysis Summary
Concept Speed Reduction Collision Reduction
Potential Parking Available Peak Travel Time*
(min:sec)
Substandard Level
of Service
Annual VMT
Reduction Estimate
Current Conditions / No Build 37% of drivers exceeded
35 mph limit None N: 61%
S: 64%
AM: 10:25
PM: 11:19
AM: 4
PM: 3 None
Concept A - Two Lanes, Turn Lane, Buffered
Bike Lanes 3-6 mph slower Yes N: 61%
S: 64%
AM: 18:18
PM: 13:35
AM: 4
PM: 4 (+1) 11,911
Concept B - Two Lanes, Turn Lane, Parking-
Protected Bike Lanes 3-6 mph slower Yes N: 61%
S: 64%
AM: 18:18
PM: 13:35
AM: 4
PM: 4 (+1) 11,911
Concept C - Four Lanes, No Parking on One
Side, Buffered Bike Lanes 1-6 mph slower Negligible N: 51%** AM: 10:25 PM: 11:19
AM: 4
PM: 3 11,911
*Peak travel times in the AM are westbound on Monroe St, and eastbound in the PM. **For Concept C, parking would be removed from the south side, as that would have the least impact on parking supply.
SOURCES: The annual VMT reduction estimate is based on formula from California Air Resources Board, Quantifying Reductions in Vehicle Miles Traveled from New Bike Paths, Lanes, and Cycle Tracks https://ww2.arb.ca.gov/sites/default/files/auction-proceeds/bicycle_facilities_technical_041519.pdf City of Santa Clara Mon roe Street Bikeway Planning Study 73 03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Current Conditions / No Build Concept A - Two Lanes, Turn Lane, Buffered Bike Lanes
Concept B - Two Lanes, Turn Lane,
Parking-Protected Bike Lanes
Concept C - Four Lanes, No Parking on
One Side, Buffered Bike Lanes
Yes No Yes No Yes No Yes No
Benefits for People Riding Bicycles
Adds a bicycle facility
Provides physical separation between traffic and bicyclists Encourages bicyclists to not ride on sidewalks
Provides consistent clear visibility of bicyclists Allows bicyclists to maneuver around debris
Allows bicyclists to make mid-block turns
Benefits for People Driving Vehicles
Maximizes roadway and intersection capacity
Potential to significantly reduce vehicle collisions Adds a turn lane for safer turning maneuvers
Benefits for Community & Residents
Reduces VMT
Maintains existing on-street parking capacity
Encourages slower automobile speeds
Incorporates traffic calming measures
Does not increase pedestrian mid-block crossing demand Maintains existing residential trash collection plan* Allows residents to participate in Annual Cleanup Campaign Does not require construction funding
*For detailed discussion of trash collection, see page 35 Table 13 . Benefits Summary
74 Monro e Street Bikeway Planning Study City o f Santa Clara I
I
03 . CORRIDOR ALTERNATIVE CONCEPTS AND ANAL YSIS
Current Conditions / No Build Concept A - Two Lanes, Turn Lane, Buffered Bike Lanes
Concept B - Two Lanes, Turn Lane,
Parking-Protected Bike Lanes
Concept C - Four Lanes, No Parking on
One Side, Buffered Bike Lanes
Yes No Yes No Yes No Yes No
Benefits for People Riding Bicycles
Adds a bicycle facility
Provides physical separation between traffic and bicyclists Encourages bicyclists to not ride on sidewalks
Provides consistent clear visibility of bicyclists Allows bicyclists to maneuver around debris
Allows bicyclists to make mid-block turns
Benefits for People Driving Vehicles
Maximizes roadway and intersection capacity
Potential to significantly reduce vehicle collisions Adds a turn lane for safer turning maneuvers
Benefits for Community & Residents
Reduces VMT
Maintains existing on-street parking capacity
Encourages slower automobile speeds
Incorporates traffic calming measures
Does not increase pedestrian mid-block crossing demand Maintains existing residential trash collection plan* Allows residents to participate in Annual Cleanup Campaign Does not require construction funding
*For detailed discussion of trash collection, see page 35 City of Santa Clara Mon roe Street Bikeway Planning Study 75
04. Community
Engagement
04 . COMMUNITY ENGAGEMENT
Engagement Strategies
Project Website, Hotline, and Email
City staff hosted and maintained a website on
the Public Works Department page to promote
engagement events, provide educational mate-
rials, document meetings, and provide a forum for
the community to submit comments. The project
email account regularly sent updates to everyone
who had signed up for project notifications when -
ever new information or materials were added to
the project website, including meeting and survey
details. Project staff also provided a phone
number hotline as an accessible alternative for
community members to leave project feedback,
as well as an email address to submit comments.
Site Visit
Participants from the City of Santa Clara Bicycle
and Pedestrian Advisory Committee, City of
Santa Clara staff, and the project team made a
site visit on May 17, 2023, to observe conditions
and behaviors, particularly around the after -
noon release at Wilcox High School. A map and
schedule for observations is shown in Figure 24.
Students commuting independently to Wilcox High School.
Figure 24 . Agenda and Observation Locations (X indicates locations) City of Santa Clara Monro e Street Bikeway Planning Study 77 SitP. Vi~it /\g@nrl11:
1) 2:20 PM: Meet at Wilcos HS
2) 2:30 PM: l11t1os an<l sil t> vis.it uvt>r'viev.1
.J) ,:-10 PM: Oh.~(\lf. V/ilc.ox <lismis~AI r,;:;.rin<i (t,.,:I al 2:':,5 1°M)
41 3:15 PM: Re~rou p and diSCllSS
5) 3:35 PM: Observe/discuss other locatio ns
alo11g the: cotl icior
n. Curve ea:.t o f AWHS {Snn Junn -
Brown)
h. ~r1n Tom.=i::-, Crr.-c:k Trnil c.m~sing
Cslabazas Blvd intersect ion
04 . COMMUNITY ENGAGEMENT
Committee/Commission Meetings
BICYCLE AND PEDESTRIAN ADVISORY
COMMITTEE (BPAC)
City staff met with the BPAC on four different
occasions to provide updates and solicit input at
major milestones:
Meeting 1: Plan overview, schedule, and BPAC
priorities (March 27, 2023)
Meeting 2: Review and collect feedback on draft
corridor concepts (August 28, 2023)
Meeting 3: Review analysis results and provide
feedback on draft concepts (January 22, 2024)
Meeting 4: Approve final report and recommend
preferred design concept to the City Council
(June 2024 - Anticipated)
SENIOR ADVISORY COMMISSION
The project team met with the Senior Advisory
Commission on September 25, 2023, during
Phase 2 of the project to inform commissioners
and members of the public about the project and
collect feedback on the proposed bikeways and
general project input. Staff also provided project
timelines and ways commissioners can stay
involved with the project.
PARKS AND RECREATION COMMISSION
The project team met with the Parks and
Recreation Commission on September 19, 2023,
during Phase 2 of the project to inform commis-
sioners and members of the public about the
project and collect feedback on the proposed
bikeways and general project input. Staff also
provided project timelines and ways commis -
sioners can stay involved with the project.
YOUTH COMMISSION
The project team met with the Youth Commission
on September 12, 2023, during Phase 2 of the
project to inform commissioners about the project
and collect feedback on the proposed bikeways
and general project input. Staff also provided
project timelines and ways commissioners can
stay involved with the project.
Community Workshops
The City hosted five community workshops online
for the public to learn more about the project and
provide feedback. The City advertised the work-
shops on its website and social media channels,
and mailed postcards to all addresses within a
half-mile of the Monroe Street project corridor
(1,000 postcards). Each postcard indicated the
project includes the potential to add bicycle lanes
with the removal of on-street parking or travel
lanes. Additionally, the project team created and
produced 10 roadway signs with project infor-
mation and placed them along the corridor early
during Phase 1 engagement. Signs remained
along the corridor for the duration of the project.
Phase 1:
• Community Workshop #1: May 17, 2023
• Community Workshop #2: May 20, 2023
Phase 2:
• Community Workshop #3: September 14, 2023
• Community Workshop #4: September 23, 2023
Phase 3:
• Community Workshop #5: January 17, 2024
78 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 04 . COMMUNITY ENGAGEMENT
Pop-Up Events
The City held pop-up events at six locations
to meet residents, students, and community
members and engage them on the project. These
events are described in the sections that follow.
Each of the pop-up events, except for the Wilcox
High School Outreach event, included three other
separate bikeway studies on Benton Street, Walsh
Avenue/Martin Avenue, and Coleman Avenue/De
La Cruz Boulevard.
EARTH DAY / ARBOR DAY
At the Earth Day / Arbor Day event held at
Central Park on April 27, 2023, from 10:00 a.m. to
2:00 p.m., the project team introduced the four
corridor studies, including the Monroe project,
to the public. A map of the study corridors with a
QR code that linked to the project webpages was
displayed. Overall, four members of the public
signed up for project updates through email
contact.
BIKE TO WORK DAY
The City partnered with Silicon Valley Power to
co-host an energizer station and pop-up event
along the San Tomas Aquino Creek Trail on Bike
to Work Day, Thursday, May 18, 2023, between
7:00 and 10:00 a.m. The pop-up was at a trail -
head near the Agnew Road intersection. This
event featured representation from all four of
the City’s corridor planning projects. Overall, the
staff gathered feedback from over 30 community
members.
SANTA CLARA ART AND WINE FESTIVAL
On September 16 and 17, 2023, at Central Park,
the project team had a booth set up with concept
display boards, paper surveys, and QR codes
for the project website and survey. Over 400
community members engaged with staff on the
project.
WILCOX HIGH SCHOOL OUTREACH
The project team set up a booth outside the front
office at Wilcox High School during afternoon
dismissal on October 23, 2023, with concept
display boards, paper surveys, and QR codes for
the project website and survey. Approximately 30
students provided comments, and 18 people from
the Wilcox High School community completed a
survey.
HOLIDAY TREE LIGHTING CEREMONY
The project team also attended the Holiday Tree
Lighting Ceremony on December 1, 2023, where
a similar booth was set up for broader community
members to engage with staff on the project, with
concept display boards, comment cards, and QR
codes for the project website and survey. Staff
collected 20 comment cards.
CALTRAIN COMMUTER OUTREACH
On Thursday, February 15, 2024, from 4:00 to
6:00 p.m., the project team set up a pop-up
event at the Santa Clara Caltrain station, with
concept display boards, maps, and QR codes for
the project website and survey. Around a dozen
community members engaged with staff directly.
Online Surveys
The project team conducted three public surveys
throughout the project period, and all were
posted to the project website. The first was a
brief survey that included questions on trans -
portation preferences and behaviors, specific
questions about how attendees use Monroe
Street, and demographic questions. The second
survey gathered feedback and preferences on
draft corridor concepts, while the third survey
asked for ranked preferences on corridor
concepts after revisions.
City of Santa Clara Mon roe Street Bikeway Planning Study 79 04 . COMMUNITY ENGAGEMENT
Community members participate in events at Santa Clara Art and Wine Festival (top), Bike to Work Day (lower left), and Wilcox High School (lower right).
80 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 04 . COMMUNITY ENGAGEMENT
Community members participate in events
at Holiday Tree Lighting Ceremony (above)
and Caltrain Commuter outreach (left).
City of Santa Clara Mon roe Street Bikeway Planning Study 81 04 . COMMUNITY ENGAGEMENT
Phase 1 Engagement Summary Findings
The Monroe Street Bikeway Study offered
multiple community engagement opportuni -
ties during its first phase, including two virtual
community workshops, pop-up events on Bike
to Work Day and Earth Day/Arbor Day, online
community survey, project email address and
voicemail number, and one BPAC meeting.
At the virtual community workshops, participants
described their current experiences traveling
on Monroe Street. Sample comments included
that biking doesn’t feel safe and cars pass too
close, traffic backups can sometimes be an issue,
when the street is not congested speeding can
be an issue, making left turns without a center
turn lane feels risky, and the San Tomas Aquino
Creek Trail crossing is confusing for many people.
Community members shared that their goals
for Monroe Street centered around improving
safety for all roadway users and improving
biking connectivity and comfort. Attendees
ranked five priorities for the corridor and stated
that addressing safety and traffic calming was
their top concern, followed by managing traffic
congestion. Attendees also shared that safe bike
facilities accompanied by traffic calming to slow
cars down would encourage them to bike more.
Workshop recordings were posted to the project
webpage.
At the Bike to Work Day event, staff gathered
feedback from over 30 community members
and engaged many more on the project. Several
common comment themes emerged. Multiple
people stated that they intentionally do not
ride on Monroe Street but instead ride on more
comfortable parallel streets like Aster Avenue/
Agate Drive. They indicated that improvements
to the San Tomas Aquino Creek Trail crossing
would be appreciated. Finally, many residents
appreciated the intent to add buffered bike lanes,
especially seeing the benefit it would have for
high school students and staff.
The first Monroe Street survey received 67
responses. The survey asked about community
members’ travel preferences, current thoughts
on the state of the corridor, and their ideas for
the future. Roughly 37% of survey respondents
reported walking along the corridor at least once
a week, and 56% indicated that they bike along
the corridor at least once per week. And 60%
of respondents indicated that they also drive
the corridor at least once a week. While 44% of
respondents indicated that they either agree or
strongly agree that they can usually find parking
near their destination; over 43% gave a neutral
response. Regarding traffic, 61% of respondents
agreed or strongly agreed that traffic generally
flows well on Monroe Street; less than 9% of
respondents disagreed or strongly disagreed.
The survey asked respondents about what
factors influence their transportation deci -
sion-making. Around 77% of respondents
indicated that “riding a bicycle or other rolling
device does not feel safe” as a factor in their
decision-making. This was one of two reasons
selected by over half of the respondents. The
second-highest impactful factor was “crossing
the street is uncomfortable or doesn’t feel safe,”
with 51% of respondents selecting that option.
No other option was chosen by more than 15%
of respondents. When asked which biking and
walking improvements would improve their overall
experience on Monroe, the top three responses
were to add/enhance bicycle lanes along the
82 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 04 . COMMUNITY ENGAGEMENT
roadway, improve bicyclists’ safety at inter-
sections along Monroe Street, and add traffic
calming features. A full summary of responses is
shown in Appendix B.
Finally, the Monroe Street email and voicemail
accounts received six comments during this first
phase. Community member feedback centered
around concerns about existing crossings
(bicycle and pedestrian) for students at the high
school, safety improvements for people riding
bicycles, and safety improvements for people
walking.
Across all Phase 1 engagement events, three
common themes emerged:
• Bicycle facilities should feel safe and comfort -
able, especially for high school students.
• Crossing Monroe Street is uncomfortable on a
bicycle or as a pedestrian.
• Improved connections to and crossings of the
San Tomas Aquino Creek Trail can enhance
connections to multiple destinations. The
Monroe Street crossing specifically was raised
by multiple community members.
Community member stops to engage with bikeway concepts during Bike to Work Day.
City of Santa Clara Mon roe Street Bikeway Planning Study 83 04 . COMMUNITY ENGAGEMENT
Phase 2 Engagement Summary Findings
The second phase of engagement included
two virtual community workshops; two pop-up
events at the Art and Wine Festival and at Wilcox
High School; and meetings with the Youth
Commission, Senior Advisory Commission, Parks
and Recreation Commission, and BPAC. This is all
in addition to a second online design alternatives
survey and continued use of the project email
address and voicemail number.
The City hosted two virtual community work -
shops for the project on the evening of Thursday,
September 14, 2023, at 6:00 p.m., and the after-
noon of Saturday, September 23, 2023, at 1:00
p.m. The City advertised the workshops on its
website and mailed postcards to all addresses
within a half-mile of the Monroe Street project
corridor (1,000 postcards). Both workshops
covered the same content. Thursday’s workshop
had eight attendees, and Saturday’s had two. The
presentations included interactive polling from
Mentimeter and a question-and-answer session
at the end of the formal presentation. Project
staff presented a project overview, corridor
parking and collision analysis, and alternative
concept designs. Workshop recordings were
posted to the project webpage.
When asked about design alternatives presented,
participants expressed concerns about high-
speed traffic and getting doored by people
exiting parked vehicles. Participants described a
desire to balance bicycle safety with neighbor-
hood needs. Attendees also shared that safe bike
facilities accompanied by traffic calming to slow
cars down would encourage them to bike more.
The second online survey was posted on August
28, 2023, and ran until October 31, 2023, and
received 118 public responses, of which 15% were
affiliated with Wilcox High School. At least 54%
travel along or cross the corridor regularly, and
at least 43% live on or near it. Respondents were
asked to review each concept and indicate if they
fully supported, supported with minor modifi -
cations, needed major changes to get support,
or did not support the concept. Results of the
survey are shown in Table 14: Online Survey #2
Results – All Responses. Responses from people
affiliated with Wilcox High School are shown in
Table 15: Online Survey #2 Results – Wilcox High
School. In their reactions, Wilcox High School
respondents wrote that they needed “dedicated
bike lanes” and “protected biking” represented by
Concepts B and C.
Among all respondents, 63.1% fully supported or
supported with minor changes Concept A: Two
Lanes, Center Turn Lane, Buffered Bike Lanes,
Parking on Both Sides. Among respondents affil -
iated with Wilcox High School, no one indicated
full support, and 66.7% would support Concept
A with minor changes. For those who indicated
“support with minor changes” in Concept A,
common comments include adding physical
separation of bike lanes from traffic and moving
the bikeway to the other side of parked cars.
Among all respondents, 70.2% fully supported
or supported with minor changes Concept B:
Two Lanes, Center Turn Lane, Parking-Protected
Bike Lanes. Among respondents affiliated with
Wilcox High School, 33.3% indicated full support,
and 16.7% would support Concept B with minor
changes. For those who indicated “support with
Community members discussing bikeway concepts
with the project team during the Art & Wine Festival.
84 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 04 . COMMUNITY ENGAGEMENT
Response Concept A Concept B Concept C
Two Lanes, Center
Turn Lane, Buffered
Bike Lanes, Parking
on Both Sides
Two Lanes, Center
Turn Lane, Parking-
Protected Bike Lanes
Four Lanes, Buffered
Bike Lanes, Remove
Parking on One Side
Fully support 28.6% 51.2% 27.2%
Support with minor changes 34.5% 19.0% 17.3%
Needs major changes to get
my support 16.7% 11.9% 17.3%
I do not support this concept 21.4% 21.4% 39.5%
Response Concept A Concept B Concept C
Two Lanes, Center
Turn Lane, Buffered
Bike Lanes, Parking
on Both Sides
Two Lanes, Center
Turn Lane, Parking-
Protected Bike Lanes
Four Lanes, Buffered
Bike Lanes, Remove
Parking on One Side
Fully support 0.0% 33.3% 60.0%
Support with minor changes 66.7% 16.7% 20.0%
Needs major changes to get
my support 16.7% 33.3% 0.0%
I do not support this concept 16.7% 16.7% 20.0%
Table 14 . Online Survey #2 Results – All Responses (118 responses) Table 15 . Online Survey #2 Results – Wilcox High School (18 responses) minor changes” in Concept B, common comments
include adding raised curb between parking
and bikeway, and visibility concerns around
driveways.
Among all respondents, 44.5% fully supported or
supported with minor changes Concept C: Four
Lanes, Buffered Bike Lanes, Remove Parking
on One Side; 39.5% of respondents said that
they did not support Concept C, the highest
level of opposition among the three concepts.
Among respondents affiliated with Wilcox High
School, 60% indicated full support, and 20%
would support Concept C with minor changes.
For those who indicated “support with minor
changes” in Concept C, common comments
include adding physical separation of bike lanes
from traffic, need for reducing vehicle speeds
(traffic calming), and need for increased parking
enforcement.
City of Santa Clara Mon roe Street Bikeway Planning Study 85 04 . COMMUNITY ENGAGEMENT
Phase 3 Engagement Summary Findings
The third and final phase of engagement for this
project included one virtual community workshop,
two pop-up events with the Santa Clara Tree
Lighting Ceremony and at the Caltrain station;
and a meeting with BPAC. This was all augmented
with a third ranked choice survey and continued
use of the project email address and voicemail
number.
The project team hosted one virtual commu -
nity workshop for the project on the evening
of Wednesday, January 17, 2024. The team
advertised the workshop on the City’s website
and mailed postcards to all addresses within a
half-mile of the Monroe Street project corridor
(1,000 postcards). Twelve people attended
the workshop. The presentation included a
project overview, corridor parking and colli-
sion analysis, alternative concept designs, and
a question-and-answer session at the end. Key
comments were around concerns about people
speeding in vehicles on the corridor, and design
accommodations for the specific needs of people
riding bicycles, such as signal detection and
turning radii.
The project team ran the third and final online
survey from January 16, 2024, until February 25,
2024. The survey received 124 public responses,
and a decision on the preferred alternative will
include input from all members of the community.
Approximately 13% of respondents live or work
on Monroe Street, and the majority travel or cross
the corridor regularly (see Figure 25). The project
team used ranked choice voting to determine
which alternative had majority support from the
public. If no candidate had an outright majority,
the team eliminated the recipient with the fewest
first-choice votes. Those who voted for the elim-
inated candidate had their votes redistributed to
their next highest ranked choice in the following
round. Concept B won with an outright majority
(50%) of all 1st choice votes, as shown in Figure
26. Some respondents indicated they would
rather have a protected bikeway for their own
safety and comfort, rather than one only sepa -
rated from traffic by paint.
Figure 25 . Survey Results - Relation to
Monroe Street
0% 10% 20% 30% 40% 50% 60%
45%
21%
55%
40%
22%
9%
2%
13%
Live or work on the street
Live or work within a few blocks
Attend/work at Wilcox High School
Travel on the corridor regularly
Cross the corridor regularly
Travel on the corridor occasionally
Cross the corridor occasionally
Other
86 Monro e Street Bikeway Planning Study City o f Santa Clara ■
■
■
■
■
■
■
■
04 . COMMUNITY ENGAGEMENT
Figure 26 . Ranked Choice Voting Results
City of Santa Clara Monro e Street Bikeway Planning Study 87 50 (/)
LlJ
f-
0 40 >
LlJ
0 <(
_J
0...
f- 30
(/)
0:::
LL
LL
0 20 LlJ
C)
~ z
LlJ
0 10 0:::
LlJ
0...
0 No Concept Concept Concept
Build A B C
05. Recommendations
05 . RECOMMENDATIONS
Final Recommendation
City Council will review the results of the study
and make a recommendation. This chapter
is a placeholder until the final draft report is
published.
City of Santa Clara Mon roe Street Bikeway Planning Study 89 05 . RECOMMENDATIONS
Next Steps and Funding
If City Council chooses a preferred design
concept, the City will need to acquire funding
for design and construction. Typical construc-
tion costs are shown below and will be refined
based on the preferred design concept and the
final corridor design. This chapter also includes
potential federal, state, regional, and local grant
sources to fund the design and construction.
High Level Cost Estimates
The estimated costs in Table 16: Generalized
Planning Level Costs – Bikeways are planning
level costs that help the public understand at
a high level what investments are required for
various infrastructure improvements. Costs are in
2024 dollars.
Table 16 . Generalized Planning Level Costs
– Bikeways
Bikeway Classification Cost Per Mile
Class II – Bicycle Lane $118,000-$619,000
Class IIB – Buffered
Bicycle Lane
$195,000 - $619,000
Class IV – Separated
Bikeway
$366,000
- $1,134,000
There are also additional cost considerations
when installing these bikeways, particularly
around crossings or intersections. Comple -
mentary pedestrian improvements could also
be considered in future design phases. Some
of these infrastructure cost considerations are
included in Table 17: Generalized Planning Level
Costs – Spot Improvements.
Table 17 . Generalized Planning Level Costs
– Spot Improvements
Proposed Improvement Cost of Each
Construct Median
Refuge
$1,500 - $2,900
Install New Sidewalk
(per mile)
$987,000
- $1,536,000
Install/Upgrade
Crosswalks (per LF)
$22 - $37
Install/Upgrade Curb
Ramps
$7,300 - $14,600
Reconfigure Slip Lane $585,200 - $877,700
Reduce Turning Radius $146,300
- $1,097,200
90 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 05 . RECOMMENDATIONS
Local and Regional Grant Programs
2016 MEASURE B
Santa Clara voters approved a half-cent sales
tax in 2016 to fund transportation infrastructure
investments. Measure B is expected to raise
$6.3 billion (2017 dollars) over 30 years to fund
nine program categories. The Local Streets
and Roads Program returns funds to the cities
and the County on a formula basis to be used
to repair and maintain the street system. The
allocation is based on the population of the
cities and the County of Santa Clara’s road and
expressway lane mileage. Cities and the County
will be required to demonstrate that these funds
would be used to enhance and not replace their
current investments for road system maintenance
and repair. The program would also require that
cities and the County apply Compete Streets
best practices to improve bicycle and pedestrian
elements of the street system. If a city or the
County has a Pavement Condition Index score of
at least 70, it may use the funds for other conges-
tion relief projects. Two hundred fifty million
dollars has been allocated toward the Bicycle
and Pedestrian Program. Within the Bicycle and
Pedestrian Program, funds are divided between
capital projects (80%), education and encourage -
ment programs (15%) and planning studies (5%).
The education and encouragement funds will be
allocated to cities based on a population formula
with a $10,000 annual minimum allocation per
city; $250,000 will be reserved for countywide
programs. Funds for bicycle and pedestrian
projects are applied to a select list of projects
approved by the VTA Board.
Funds are programmed by VTA.
TRANSPORTATION FUND FOR CLEAN AIR
COUNTY PROGRAM MANAGER FUND
The Bay Area Air Quality Management District
(BAAQMD) administers funds to the VTA for
projects that reduce vehicle emissions including
bicycle projects. These funds come from a $4
vehicle registration surcharge in Bay Area coun -
ties and can be used as a match for competitive
state or federal programs.
Funds are programmed by VTA.
ONE BAY AREA GRANT
The One Bay Area grant program (OBAG)
emphasizes funding for projects within Priority
Development Areas in the region that are in-line
with housing and land use goals. Projects that
are within or provide access to these Priority
Development Areas could qualify for these
grants.
Funds are programmed by the Metropolitan
Transportation Commission (MTC) and the VTA.
TRANSPORTATION DEVELOPMENT ACT
ARTICLE 3
Transportation Development Act Article 3 (TDA
3) provides funding annually for bicycle and
pedestrian projects. Two percent of TDA funds
collected within the county are used for TDA 3
projects. Metropolitan Transportation Commission
policies require that all projects be reviewed by
a Bicycle and Pedestrian Advisory Committee or
similar body before approval.
Funds are programmed by VTA.
City of Santa Clara Mon roe Street Bikeway Planning Study 91 05 . RECOMMENDATIONS
State and Federal Grant Programs
CALIFORNIA ACTIVE TRANSPORTATION
PROGRAM (ATP)
Governor Edmund G. “Jerry” Brown signed legis-
lation in 2013 that consolidates existing federal
and state transportation programs including the
Transportation Alternatives program, Bicycle
Transportation Account, and State Safe Routes
to School, into a single program focused on
expanding and enhancing active transporta -
tion across the state. The Active Transportation
Program is intended to increase the use of active
transportation, enhance safety for non-motor-
ized users, improve public health, and advance
regional greenhouse gas reduction goals
pursuant to Senate Bill 375 (of 2008) and Senate
Bill 341 (of 2009). This grant program funds a
wide variety of activities and projects that further
the goals of the program including infrastructure,
non-infrastructure, and planning studies.
Funds are programmed by Caltrans with guidance
from the California Transportation Commission
(CTC).
HIGHWAY SAFETY IMPROVEMENT PROGRAM
Caltrans offers Highway Safety Improvement
Program grants every one to two years. Projects
on any publicly owned road or active trans-
portation facility are eligible, including bicycle
and pedestrian improvements. This program
focuses on projects that explicitly address
documented safety challenges through proven
countermeasures, are implementation ready, and
demonstrate cost-effectiveness.
Funds are programmed by Caltrans.
OFFICE OF TRAFFIC SAFETY GRANT
The Caltrans Office of Traffic Safety makes
grants available to local and state public agencies
for programs that help them enforce traffic laws,
educate the public in traffic safety, and provide
varied and effective means of reducing fatalities,
injuries, and economic losses from collisions.
Funding can be used for safety trainings, bike
helmets, and traffic safety campaigns, among
other activities.
Funds are programmed by the Office of Traffic
Safety.
92 Mon roe Street Bikeway Planning Study Cit y of Santa Clara 05 . RECOMMENDATIONS
SAFE STREETS AND ROADS FOR ALL (SS4A)
Established under the Bipartisan Infrastructure
Law, this discretionary program funds regional,
local, and tribal initiatives to prevent roadway
deaths and serious injuries. Grant types include
Planning and Demonstration Grants as well as
Implementation Grants. Eligible activities include
pilot and demonstration projects, data analytics,
creating safe routes to schools, promotional
and education materials, and expanding bicycle
networks. An eligible Safety Action Plan must be
developed prior to applying for Implementation
Grants under this program.
Funds are awarded by the US Department of
Transportation.
ROAD MAINTENANCE AND REHABILITATION
PROGRAM
Senate Bill 1 created the Road Maintenance
and Rehabilitation Program to address deferred
maintenance on state highways and local road
systems. Program funds can be spent on both
design and construction efforts. On-street active
transportation-related maintenance projects are
eligible if program maintenance and other thresh -
olds are met.
Funds are programmed by the State Controller’s
Office with guidance from the CTC.
City of Santa Clara Mon roe Street Bikeway Planning Study 93
Attachment 3
Corridor Design Concepts
9’
11’
9’
5’
5’
12’
11’
12’
8’
8’
P
P
PHOTO: EXISTING CONDITIONS ON
MONROE
PARKING LANES
Curbside parallel parking is
present along the majority of
the corridor
BUS STOPS
Route 21 runs every 30
min along Monroe
CHALLENGING VISIBILITY
Driveway entry and exit is challenging
due to fast-moving vehicles and
curbside parking
NOTE: THESE FIGURES ARE INTENDED ONLY FOR REFERENCE, CONCEPTUAL PLANNING, AND INFORMATIONAL PURPOSES. THESE FIGURES SHOULD NOT BE
USED TO ESTABLISH BOUNDARIES, PROPERTY LINES, LOCATION OF OBJECTS,
OR TO PROVIDE ANY OTHER INFORMATION TYPICALLY NEEDED FOR FINAL
DESIGN, CONSTRUCTION OR ANY OTHER PURPOSE WHEN ENGINEERED PLANS ARE REQUIRED.
TYPICAL ROAD WIDTHS DO NOT REFLECT UNIQUE
CONDITIONS, THESE FIGURES ARE DESIGNED TO
FACILITATE PUBLIC FEEDBACK.
64’ WIDE TYPICAL
Existing Conditions / No Build Option
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD
• Sharrows from Nobili Ave to Chromite Dr
• Bike lanes from Chromite Dr to San Tomas Expressway
• 11’-12’ Traffic lane width varies
• 8’-9’ Parking lane width varies
• 90’ Total ROW
64'
FACING WEST
10' 10'
TRAVEL LANETRAVEL LANE
11'
CENTER LANE
10'
TRAVEL LANE
14'
TRAVEL LANE
9'
PARKING
SCHOOL
SIDE
FACING WEST
64'
10'
TRAVEL LANE
10'
TRAVEL LANE
10'
TRAVEL LANE
10'
TRAVEL LANE
7'
PARKING
7'
PARKING
5'
BIKE
LANE
5'
BIKE
LANE
64’ WIDE
Existing Conditions / No Build
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• One side parking + center lane
64’ WIDE
Existing Conditions / No Build
VARIATION FROM TYPICAL EXISTING CONDITION
MONROE ST FROM CHROMITE DR TO SAN TOMAS EXPY
• Two sides parking + Class II bike lanes
•
8’
11’
8’
5’
5’
5’
10’
5’ 3’
3’
11’
8’
8’
P
P
PARKING
Maintains curbside parking IMPROVED VISIBILITY
Striped buffers at driveways
improve sight lines
EXAMPLE OF BUFFERED BIKE LANES
A buffer between vehicle traffic provides
additional horizontal separation from vehicles.
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
TRASH COLLECTION
Facilitates bin location for
trash collection.
64’ WIDE TYPICAL
Concept A
TWO LANES, CENTER TURN LANE, BUFFERED BIKE LANES,
PARKING ON BOTH SIDES
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 2 Traffic lanes + Center turn lane
• Class II buffered bike lanes
• Conflict striping at bus stops
• Increased visibility at driveways
• Maintains on-street parking
on both sides
64'
FACING WEST
12'
TRAVEL LANE
12'
CENTER LANE
12'
TRAVEL LANESEPARATED
BIKEWAY
8'
PARKINGBUFFERED
BIKE LANE
3' 6'4' 7'
SCHOOL
SIDE
64’ WIDE
Concept A
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side buffered bike lane - in front of residences
I I I I
3’
11’
3’8’
5’ 5’
5’5’
10’
8’ 11’
8’
8’
P
P
IMPROVED VISIBILITY
Striped buffers at driveways
improve sight lines
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
PARKING PROTECTED BIKE LANES
Parking along the corridor is retained
between the bike lane and vehicle
lanes. This provides bike lanes users
separation and protection from vehicle
traffic and buffer from vehicle doors.
This design also provides room for safe
vehicle passenger boarding and has the
added co-benefit of improving sidewalk
user comfort.
TRASH COLLECTION
Facilitates bin location for
trash collection.
EXAMPLE OF PARKING PROTECTED BIKE
LANES
64’ WIDE TYPICAL
Concept B
TWO LANES, CENTER TURN LANE,
PARKING-PROTECTED BIKE LANES
MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 2 Traffic lanes + Center turn lane
• Transit boarding mixing zones
• Maintains on-street parking
• Bike lanes are parking protected
■
LJ
64'
FACING WEST
12'
TRAVEL LANE
12'
CENTER LANE
12'
TRAVEL LANESEPARATED
BIKEWAY
8'
PARKING SEPARATED
BIKEWAY
3' 6'4' 7'
SCHOOL
SIDE
64’ WIDE
Concept B
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side parking-protected bike lane - in front of residences I I
■ •
•
MPNBPEST:::::== ~
- ~ ..
8’
11’
5’
5’
10’
5’ 2’ 11’
8’
8’
P
10’
5’ 2’
BUS MIXING ZONE
Green striping helps warn users of potential
conflict between buses and cyclists.
Buffer area maintains consistent vehicle lane
width.
EXAMPLE OF BUFFERED BIKE LANES
A buffer between vehicle traffic provides
additional comfort for cyclists.
PARKING ON ONE SIDE
Maintains some street
parking
64’ WIDE TYPICAL
Concept C
FOUR LANES, BUFFERED BIKE LANES, REMOVE PARKING ON ONE SIDE MONROE ST FROM LAWRENCE EXPWY TO CALABAZAS BLVD +
CHROMITE DR TO SAN TOMAS EXPY
• 4 Traffic lanes
• Class II buffered bike lanes
• Conflict striping at bus stops
• Maintain on-street parking
on one side
■
LJ
64'
FACING WEST
10' 10'
TRAVEL LANETRAVEL LANE
11'
CENTER LANE
10'
TRAVEL LANE
5' 3' 5'
BIKE LANE
10'
TRAVEL LANESEPARATED
BIKEWAY
SCHOOL
SIDE
64’ WIDE
Concept C
ALONGSIDE HIGH SCHOOL
MONROE ST FROM CALABAZAS BLVD TO CHROMITE DR
• South side protected bike lane - in front of high school • North side bike lane - in front of residences
• Remove parking on the residential side
I I I
■
Attachment 4 Transportation Analysis Summary
Concept Roadway
Speeds
Collision
Reduction
Potential
Parking
Available
Peak Travel
Time
(min:sec)*
Substandard
Level of
Service
Annual VMT
Reduction
Estimate
Existing Conditions/No
Build
37% of
drivers
exceeded 35
mph limit
N/A N: 61%
S: 64%
AM: 10:25
PM: 11:19
AM: 4
PM: 3 None
Two Lanes, Buffered
Bike Lanes, Center
Turn Lane, Parking on
Both Sides
3-6 mph
slower Yes Same as
No Build
AM: 18:18
PM: 13:35
AM: 4
PM: 4 (+1) 11,911
Two Lanes, Parking-
Protected Bike Lanes,
Center Turn Lane
3-6 mph
slower Yes Same as
No Build
AM: 18:18
PM: 13:35
AM: 4
PM: 4 (+1) 11,911
Four Lanes, Buffered
Bike Lanes, Remove
Parking on One Side
1-6 mph
slower Negligible N: 51%** Same as
No Build
Same as
No Build 11,911
*Peak travel times in the AM are westbound on Monroe Street, and eastbound in the PM. **It is assumed that parking will be removed on the south side of Monroe Street for the concept titled “Four Lanes, Buffered Bike Lanes, Remove Parking on One Side”.
Attachment 5
Potential Benefits Summary
Existing
Conditions/No
Build
Two
Lanes,
Buffered
Bike
Lanes,
Center
Turn
Lane,
Parking
on Both
Sides
Two
Lanes,
Parking-
Protected
Bike
Lanes,
Center
Turn Lane
Four
Lanes,
Buffered
Bike
Lanes,
Remove
Parking
on One
Side
Yes No Yes No Yes No Yes No
Benefits for Bicyclists
Adds a bicycle facility
Provides physical separation between
traffic and bicyclists
Encourages bicyclists to not ride on
sidewalks
Provides consistent clear visibility of
bicyclists
Allows bicyclists to maneuver around
debris
Allows bicyclists to make mid-block
turns
Benefits for Drivers
Maximizes roadway and intersection
capacity
Potential to significantly reduce
vehicle collisions
Adds a turn lane for safer turning
maneuvers
Benefits for Community and
Residents
Reduces VMT
Maintains existing on-street parking
capacity
Encourages slower automobile
speeds
Incorporates traffic calming measures
Does not increase pedestrian mid-
block crossing demand
Maintains existing residential trash
collection plan
Allows residents to participate in
Annual Cleanup Campaign
Does not require construction funding
Resolution/Accepting the Monroe Street Bikeway Planning Study and Approving a Roadway Concept Page 1 of 2 Rev: 07/17/2024
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ACCEPTING THE CITY OF SANTA CLARA MONROE STREET
BIKEWAY PLANNING STUDY AND APPROVING A ROADWAY
CONCEPT
WHEREAS in 2021, the City received a Santa Clara Valley Transportation Authority (VTA) Measure B grant totaling $140,000 to prepare the Monroe Street Bikeway Planning Study (“Study”);
WHEREAS, in December 2022, the City Council approved retaining Alta Planning & Design to assist with development of the Study;
WHEREAS, the development of the Study was a collaborative effort involving the public, various stakeholders, the Santa Clara Bicycle and Pedestrian Advisory Committee, the Santa Clara Senior Advisory Commission, the Santa Clara Parks and Recreation Commission, and the Santa Clara Youth Commission;
WHEREAS, the Study identifies concepts for infrastructure improvements designed to encourage bicycling and walking as a safe and healthy alternative to the motor vehicle; WHEREAS, the City conducted significant community outreach to understand the issues and obtain feedback on concept alternatives, and this outreach consisted of five community meetings, six pop-up events, one City Council study session, City Council briefings, three online surveys, social media, street signs posted along the corridor, mailed notices, a project website, a project email address, a project phone number, and City website; WHEREAS, the Study is consistent with the goals and policies of the City of Santa Clara Complete Streets Policy, Bicycle Plan Update 2018, and the mobility and transportation element of the 2010-2035 General Plan;
WHEREAS, at its June 17, 2024 meeting, the Santa Clara Bicycle and Pedestrian Advisory Committee recommended City Council approve the Study; and, WHEREAS, the adoption of the Plan is exempt from California Environmental Quality Act Resolution/Accepting the Monroe Street Bikeway Planning Study and Approving a Roadway Concept Page 2 of 2 Rev: 07/17/2024
(CEQA) review pursuant to Sections 15378(a) and 15301(c) of the California Code of Regulations.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City of Santa Clara hereby accepts the Monroe Street Bikeway Planning Study as attached and referenced herein.
2. The City of Santa Clara hereby approves the roadway concept entitled “Two Lanes, Buffered Bike Lanes, Center Turn Lane, Parking on Both Sides” as the preferred alternative.
3. Direct City staff to take appropriate actions to implement the preferred roadway option.
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. Monroe Street Bikeway Planning Study
Resolution Modifying Parking Regulations on a “No Stopping Anytime” zone along the southside of Monroe Street between Lawrence Expressway and San Tomas Expressway Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
MODIFYING PARKING REGULATIONS ON MONROE STREET
BETWEEN LAWRENCE EXPRESSWAY AND SAN TOMAS
EXPRESSWAY
WHEREAS, the City of Santa Clara Bicycle Plan Update 2018 was approved and adopted by the Council on September 24, 2019 under Resolution No. 19-8761; WHEREAS, Class IIB Buffered Bicycle Lanes on Monroe Street was a recommendation within the adopted Bicycle Plan Update 2018;
WHEREAS, the City established certain parking regulations on Monroe Street between Lawrence Expressway and San Tomas Expressway;
WHEREAS, Public Works staff determined that a modification to the existing parking regulations is necessary to accommodate the proposed Class IIB Buffered Bicycle Lanes and maintain four travel lanes;
WHEREAS, the City intends to establish new parking regulations on Monroe Street between Lawrence Expressway and San Tomas Expressway based on City Public Works staff findings; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Manager, or designee, is authorized to establish a “No Stopping Anytime” zone along the southside of Monroe Street from Lawrence Expressway to Calabazas Boulevard and Brown Avenue to San Thomas Expressway and along the north side of Monroe Street from Calabazas Boulevard to Brown Avenue as needed to implement approved roadway concept entitled “Four Lanes, Buffered Bike Lanes, Remove Parking on One Side.”
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, BY THE FOLLOWING VOTE:
Resolution Modifying Parking Regulations on a “No Stopping Anytime” zone along the southside of Monroe Street between Lawrence Expressway and San Tomas Expressway Page 2 of 2 Rev: 11/22/17
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
None
S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
Resolution Establishing No Parking Zones as Necessary on Monroe Street between Lawrence Expressway and San Tomas Expressway Page 1 of 2
Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ESTABLISHING NO PARKING ZONES AS NECESSARY ON
MONROE STREET BETWEEN LAWRENCE EXPRESSWAY AND
SAN TOMAS EXPRESSWAY
WHEREAS, the City of Santa Clara Bicycle Plan Update 2018 was approved and adopted by the Council on September 24, 2019 under Resolution No. 19-8761; WHEREAS, Class IIB Buffered Bicycle Lanes on Monroe Street was a recommendation within the adopted Bicycle Plan Update 2018;
WHEREAS, the City established certain parking regulations on Monroe Street between Lawrence Expressway and San Tomas Expressway;
WHEREAS, Public Works staff determined that a modification to the existing parking regulations is necessary to accommodate the proposed bicycle facilities on Monroe Street; WHEREAS, the City intends to establish new parking regulations on Monroe Street between Lawrence Expressway and San Tomas Expressway based on City Public Works staff findings; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Manager, or designee, is authorized to establish no parking zones as necessary on Monroe Street between Lawrence Expressway and San Tomas Expressway to implement the Council approved roadway concept entitled “Two Lanes, Buffered Bike Lanes, Center Turn Lane, Parking on Both Sides.”
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
Resolution Establishing No Parking Zones as Necessary on Monroe Street between Lawrence Expressway and San Tomas Expressway Page 2 of 2
Rev: 11/22/17
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
None
S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-931 Agenda Date: 9/24/2024
REPORT TO COUNCIL
SUBJECT
Consideration of Action on a Request from Councilmember Jain for City Sponsorship or Other Support for GEN Grow Empower Nurture’s September 28, 2024 Diwali Celebration at Live Oak Park
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
On September 10, 2024, the City Manager received a Written Petition from Councilmember Jain requesting an item be placed on a future Council agenda to discuss a request for financial and promotional support from GEN Grow Empower Nurture (GEN) for a Diwali Celebration at Live Oak Park (Attachment 1).
Councilmember Jain brought up his Written Petition at the September 10, 2024 Council meeting and the Council approved the item for consideration at a later meeting. This report provides information for Council’s consideration of the Written Petition.
DISCUSSION
As part of the September 10, 2024 Council meeting discussion, Councilmember Jain clarified that the request for City support would include placing an event announcement on the City’s website, having GEN apply for one of the City grants available for community groups, and a Council discussion on whether the City should grant the organization funds for the event.
GEN is a 501(c)(3) non-profit organization. The organization is hosting a Family Nav Diwali Festival and Garba event at Live Oak Park on September 28, 2024. The Family Nav Diwali Festival and Garba event is described as a cultural event that will provide cultural and festival programming that includes games, shopping, food, performances, and a children entrepreneur’s village, among other things.
GEN’s Community Grant Request
GEN submitted a Special Events Application and Community Grant Application with an event budget (Attachment 2) for their event. Review and approval of Special Events and Community Grant requests are handled administratively by City staff; however, GEN’s Community Grant request is being presented for Council consideration as part of Councilmember Jain’s Written Petition to discuss GEN’s request for financial and promotional support for the Family Nav Diwali Festival and Garba event.
The City has an established special event process to coordinate approvals and logistics required for holding events on outdoor public and private property. At the time of writing this report, GEN has City of Santa Clara Printed on 9/20/2024Page 1 of 4
powered by Legistar™
24-931 Agenda Date: 9/24/2024
provided some updated event information to the City that is being reviewed by staff and is in the process of obtaining necessary insurance, licenses, and permits that the City requires before issuance of a Special Event Permit to ensure a safe and compliant community event. Staff is asking GEN to clarify some of the new information that may change aspects of the original event conditions and will continue to work with GEN to provide support on outstanding items.
The City’s Community Grant Policy (Attachment 3) establishes a standardized process to award grants to qualifying nonprofit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
Community grants, subject to availability of funds, cannot exceed $10,000 per applicant, per fiscal year.
The applicant must demonstrate that the event or activity being funded by the City’s grant will satisfy all of the following criteria:
a. Provides a benefit to Santa Clara residents
b. Contributes positively to the recognition and image of the City of Santa Clara c. If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d. Aligns with established Council goals
e. Grant funds will not be used for political or religious purposes f. If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara Under the Community Grant Policy, grant funds can be spent on the following allowable expenses:
City permits, fees and services, venue, food and beverage, trash/recycling, and stage/tent rentals.
Grant funds requested for food and beverage should not exceed 15% of the total grant amount or $1,500. If an applicant has received a grant for an event/activity, then the applicant is required to submit proof that the grant funds have been spent in the manner and for the purposes stated on the application within thirty (30) days after the event/activity. Grantees are required to return any unspent grant funds to the City within three days after completion of the audit.
The following expenses in GEN’s event budget are allowable under the City’s Community Grant Policy:
· City of Santa Clara permits and services
· Rental of stage, tents, booths, tables, and chairs
· Trash and waste pickup
· Portable restrooms (if required)
· Food/refreshments for participants and sweets for first 500 registrants Should Council take action to provide a Community Grant in any amount to support GEN’s September 28
th Family Nav Diwali Festival and Garba event, staff recommends requiring the grant funds to be spent and audited consistently with the Community Grant Policy. This includes requiring the grant funds be spent on the expense categories described above (City of Santa Clara permits City of Santa Clara Printed on 9/20/2024Page 2 of 4
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24-931 Agenda Date: 9/24/2024
and services, rentals, trash and waste, and/or food), grant funds spent on food and beverage do not exceed 15% of the total grant amount or $1,500, submittal of receipts and proof that the grant funds have been spent in the manner and for the purposes stated on GEN’s Community Grant Application within thirty (30) days after the event, and the return of any unspent grant funds to the City after completion of the audit.
GEN’s Request for Promotional Support
Through the Written Petition, Councilmember Jain has also requested there be discussion of promotional support for the event.
The City’s Banner Policy (Attachment 4) establishes clear guidelines for the placement of allowable publicity on City-owned property to communicate information regarding public events, events at public facilities, or to promote amenities of general interest to the community. Through the Banner Policy, display of free-standing signs on public property are presently only allowed at Civic Center Park, Central Park and Live Oak Park on special stands and on the fence of Larry J. Marsalli Park at the corner of Lafayette Street and El Camino Real and are limited to advertising local public events which are non-commercial, non-political, and of a nonreligious nature. The event must be free of charge or aimed at raising funds for a Santa Clara non-profit sponsor.
GEN submitted a free-standing sign request for Live Oak Park which has been approved. At the time of writing the report, the staff is coordinating with GEN to return their free-standing sign permit and drop off their banners.
In accordance with our City guidelines, the City does not offer promotional support to community events that are not official City events. Exceptions are only made for government agencies and official City Community Partners. Community Partners consist of a broad range of local nonprofits, government agencies, partner organizations or businesses in Santa Clara that actively support the mission of the City through its services, programs or its ongoing financial support. These partners meet the criteria of serving Santa Clara or having a Santa Clara branch and is at least one of the following: 1) Recipient of a City grant to provide social services to the community; 2) Nonprofit that operates primarily to provide financial or other support to City programs, services and/or facilities as a nonprofit; and/or 3) Other public agency that provides services of interest to residents. The City’s official Community Partners are listed on the City’s website at < https://www.santaclaraca.gov/i-want-to/get-involved/community-partners>.
Due to the quickly approaching event date, staff does not have sufficient time to assess usage of the City’s logo and other necessary elements required for an official City event. As such, staff does not recommend provision of additional promotional support for the event beyond GEN’s usage of the free -standing sign at Live Oak Park.
FISCAL IMPACT
GEN has submitted a Community Grant request for $10,000 in funding from the City. Should the Council approve a grant amount equal or less than the requested amount of $10,000, there are sufficient funds in the City’s Fiscal Year 2024/25 Non-Departmental Budget, Community Grants Program line item to cover such costs.
COORDINATION
This report was coordinated with the Parks and Recreation and Finance Departments and the City City of Santa Clara Printed on 9/20/2024Page 3 of 4
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Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] < mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Council discussion and potential action on the request for financial and promotional support for GEN Grow Empower Nurture’s September 28, 2024 Family Nav Diwali Festival and Garba event at Live Oak Park.
RECOMMENDATION
Staff makes no recommendation regarding provision of financial support for GEN Grow Empower Nurture’s September 28, 2024 Family Nav Diwali Festival and Garba event at Live Oak Park. Staff does not recommend provision of additional promotional support for the event beyond GEN’s usage of the free-standing sign at Live Oak Park.
Prepared by: City Manager’s Office
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Councilmember Jain’s September 9, 2024 Written Petition
2. GEN’s Community Grant Application with Event Budget
3. Community Grant Policy
4. Banner Policy
City of Santa Clara Printed on 9/20/2024Page 4 of 4
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COUNCIL ITEM REQUEST FORM
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.
CONTACT INFORMATION
Requesting Member of City Council : Suds Jain
Contact E-mail _ [email protected]_
Contact Phone _ 408-499-2955
Today's Date 9/9/2024
WRITTEN REQUEST
I, Suds Jain , hereby request that the following item be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:
Santa Clara has a majority minority population with an estimated 46% of residents identifying as Asian alone, 36% identifying as White alone and 16% identifying as Hispanic or Latino.
Many cities around us have supported ethnic cultural groups like the Italian and Greek festivals in San Jose and the Cherry Blossom festival in Cupertino and Holi and Diwali in Sunnyvale.
Monterey has a Turkish festival that I recently attended.
Santa Clara needs to do more to encourage cultural groups to express themselves so that others may better understand those cultures.
There is a group called Grow Empower Nurture (G.E.N.) that will be hosting a Diwali celebration in Live Oak Park on Saturday September 21
st from 11 AM to 7 PM. They have requested
promotional and financial support from the City of Santa Clara. I would like to agendize a discussion of supporting this cultural event.
Reference: Council Policy 030 - Adding an Item on the Agenda Resolution No. 20-8895
Cityo,f
Santa Clara
TheC.enter of Wh at's Possible
COMMUNITY GRANT APPLICATION
INTRODUCTION
Please review the City of Santa Clara Community Grant Policy and complete this application.
• Applications must be submitted at least ninety (90) days before the planned event/activity. • Applications for attendance at a youth state, national, or international competition or performance must be submitted within a week of advancing to such competition or performance.
• All applications must be submitted by mail to the City Manager’s Office at 1500 Warburton Ave. Santa Clara, CA 95050 or by email to Laura Sunseri, [email protected] • Submission of this application in no way obligates the City of Santa Clara to award a grant. • The City of Santa Clara reserves the right to reject any or all applications, wholly or in part, at any time, without penalty.
• If you have questions, contact Laura Sunseri, [email protected] (408) 615-2213.
TO BE COMPLETED BY APPLICANT
Name of Individual/Entity/Non-Profit Organization:
Address:
Tax ID #:
Contact Person Name and Title:
Contact Person E-mail:
Contact Person Phone:
Are you a non-profit organization? Yes No
If yes, please attach proof of non-profit status to this application.
Please mark what type of event/activity you are requesting grant funding for:
Youth competition or performance Other Type of Eligible Event/Activity
EVENT/ACTIVITY FOR WHICH GRANT FUNDS ARE BEING SOUGHT
Event/Activity Name:
Event/Activity Date:
Event/Activity Start Time:
Event/Activity End Time:
Event/Activity Description:
Event/Activity Venue:
Event/Activity Address:
Organization/Event/Activity Website:
Expected # of Attendees:
G.E.N Growth Empower Nurture
3964 Rivermark Plaza Santa Clara, Ca 95054
EIN 93-4867843
Priyanka Shah, Founder
[email protected]
Family Nav Diwali Festival and Garba
September 28, 2024
7:00 Am
9:00 PM
South Asian Diwali Festival including games, shopping, food, performances, children's entrepreneurs village, Mr. and Miss SV Diwali Live Oak Park, Rivermark, Santa Clara, Ca
Live Oak Park, Rivermark, Santa Clara, Ca
Tinyurl.com/SVC-Diwali
1000- (upto 2000) residents of Santa Clara. At least half or more will be able to walk to the Event City of
Santa Clara
The Center of What's Possible
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COMMUNITY GRANT APPLICATION
DESCRIPTION OF EVENT/ACTIVITY FOR WHICH GRANT FUNDS ARE BEING SOUGHT
Describe in detail what the grant funds will be used for and how it will benefit Santa Clara residents, students, or schools.
Describe how you will promote / advertise your event or activity for awareness to the public.
Describe how your event/activity contributes positively to Santa Clara and aligns with Council goals.
Is your event or activity open to the public? Yes No Is your event or activity political or religious in nature? Yes No Have you received grant funding from the City of Santa Clara in the past? If yes, please describe when, how much was received, and how the funds were used.
Is your event or activity a fundraiser? Yes No If your event is a fundraiser, please describe how the proceeds from the fundraising activity will support programs, services, or events for the residents of Santa Clara.
The event provides cultural and festival programming for families in the region and all Santa Clarans. Santa Clara has a large population of South Asians, many of them are families that live in Northside Santa Clara. It will give an opportunity for all residents to enjoly the birght colors and culture through festivities and awareness. over 67% of Santa Clara'ns are minorities, and 40%+ are of Asian Decent.. Diwali is one of the largest celebrations in the world outside of Chritmas.
It also gives provides an opportunity for home based diverse and women owned businesses/vendors to get in front of potential customers. Benefiting the seniors, families, children, and small businesses.
It is directly related to the Santa Clara General Plan and Council Goals: " Community Placemaking " Santa Clara Cultural Commission: Promote Culture through it's local community organizations. Diversity, Equity and Inclusion Economic Development: keeping festivities and spending inside Santa Clara.
Creating more programming and attractions for its residents.
No
Though the event is not a fundraiser, the funds raide to serve the purpose of the organiztions. Providing programming for youth to young adults in the arts, educaiton, mentoriship, and activities to develop confidence, self development, arts, and entrepreneurship workshops.
Email, Banners, Facebook Ads, sharing at local events and minority businesses and community whatsapp groups.
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COMMUNITY GRANT APPLICATION
List all other sources of funding for the event or activity:
Amount of Anticipated Expenses:
Amount of Grant Request:
Please note that applicants requesting grant funding for any type of event or activity that is not a youth competition or performance are required to submit a completed Special Event Application and a copy of the event/activity budget with this application.
GRANT FUNDING FOR YOUTH COMPETITIONS AND PERFORMANCES ONLY Please complete this section only if you are applying for grant funding for attendance at a youth state, national, or international competition or performance.
Are you affiliated with a school? Yes No
If yes, please complete the information requested below.
School Name:
Percentage of Students who are Santa Clara Residents:
Please provide the anticipated expense breakdown for registration, transportation, hotel, and/or food. Please note that alcohol is not an allowable expense for grant funds.
Registration: $
Transportation: $
Hotel: $
Food: $
Total Eligible Expenses: $
20% of Eligible Expenses: $
Please state the number of students, coaches and/or chaperones being funded below. Please note that the acceptable ratio is six students to one coach/chaperone.
Number of Youth:
Number of Coaches/Chaperones:
Event Budget is attached.
The funding sources include sales of vendor booths,dandiya sticks, chance games, and donations. $35,000
$10,000
50%
City of
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The Center of What's Possible
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COMMUNITY GRANT APPLICATION
By my signature below, I have read and understand the Community Grant Policy. I make the following representations and acknowledge agreement to the following terms and conditions:
• Upon approval of this application, as evidenced by the signature of the City Manager below, this application becomes a binding contract between the entity named above and the City of Santa Clara.
• I am the duly authorized representative of the entity named above and can bind the entity to the terms of this Agreement.
• If funds are provided by the City, the funds will b e used for the purposes set forth above. • In no event shall the City’s financial responsibility exceed the approved amount, set forth below.
• I bear full responsibility for any and all tax consequences of receiving grant funds including, but not limited to, issuance of a 1099 by the City.
• This application and award of grant shall be subject to the requirements of the Community Grant Policy.
• There is no agency, employment, joint venture or other such relationship created by virtue of award of the grant. The City does not endorse the specific event or activity. • Applicant shall defend and indemnify the City and its employees from and against any claim, injury, liability, loss, cost and/or expense or damage including all costs and reasonable attorney’s fees, arising from or alleged to arise from the activity or event. • If applicable, the applicant shall satisfy the City’s insurance requirements. • The representations made by applicant in this Application are material terms of the agreement, as is compliance with the requirements of the Community Grant Policy. The City may cancel this agreement at any time upon discovery that any of the information set forth above is inaccurate, that these terms have been violated, or any provision of the Community Grant Policy has been violated.
• If the grant is for competition or performance attendance, Applicant shall abide by the guidelines set forth in the attachment, and will submit to the City Manager’s Office proof of expenses actually incurred, as well as allocation of grant funds, in a form acceptable to the City Manager’s Office, within thirty (30) days after the competition.
Applicant Signature: _________________________________ Date:
TO BE COMPLETED BY CITY STAFF
Community Grant Application Granted? Yes No If yes, list amount of grant:
If no, provide reason for denial:
If no, has notification been sent to applicant? Yes No
Is insurance required for applicant? Yes No
Additional requirements for applicant:
City Manager Signature: _________________________________ Date:
Post-event Audit Completion Date:
Signature of Staff Person Completing the Post-event Audit:
September 12,2024
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Budget
Expenses Revenue
Sound $4.5 Vendor Booths $7,000.00
Video Screen $4.5 Sponsors $12,000.00
Stage $1k Dandia Sticks $3,000.00
Lights $500 Raffle registration $1,000.00
Generator $1.5 Santa Clara $10K
Key Artists $3,000.00
Trash and Waste Pickup $1,000.00 total $23,000.00
40 Booths, Tables, Chairs, Tents $8,000.00
All Day Food/Refreshments for Participants (100) $2,000.00 Net Profit/Loss -$17,800.00 Promotional Materials $2,000.00
Photographer and Videographer $2,000.00
Festive Indian: Diwali and Navratri Décor $2,500.00
(ooptional) Porta Potties if Registratioons bove 1500 from outside Rivermark$1,000.00 Trophies, Certificates, and Medals $1,000.00
A/V $13,000.00
Gifts for Volunteer Leads 20 $1,000.00
1 Security Person $1,000.00
1 Onsite Event Manager/Assistant $800.00
City of Santa Clara Fees and Staff Costs $1,500.00
Diya's and sweets for each the first 500 $1,000
$40,800.00
City of Santa Clara
Council Policy Manual
COMMUNITY GRANT POLICY
CP 049 Page 1 of 4 Adopted May 24, 2022
Resolution No. 18-8605
PURPOSE
POLICY
To establish a standardized process to award grants to qualifying non - profit community organizations, youth athletic groups or organizations, educational groups or organizations, or individuals, for events, activities, and competitions that provide a public benefit for the City of Santa Clara and its residents.
Annually, and subject to availability of funds, the City Council shall establish grant appropriation(s) as part of the approval of the budget .
Community grants, subject to availabi lity of funds, shall not exceed $10,000 per applicant, per fiscal year. To receive grant funds, g rant applications must be submitted at least ninety (90) days and no more than six (6) months before the planned event/activity being funded , regardless of the form of the grant. Applications will be evaluated by the City Manager’s Office on a case -by-case and “first come -first served” basis, throughout the fiscal year.
The City Manager’s Office shall approve or deny an applicant’s request based upon the eligibility criteria set forth below, an d subject to funding availability as app roved by the Ci ty Council through the adoption of the annual budget. Additionally, if the event or activity being reque sted for funding has been previously supported by the City, the City Manager’s Office may evaluat e the event or activity’s past success, measured by the applicant’s ability to meet attendance and/or fundraising projections and the individual/organization’s ability to satisfy the requirements of this policy when consid ering approval or denial of a requ est. Grants for community events shall not be provided for waiver of or reimbursement for already discounted permit fees nor shall they be provided to organizations that receive separate annual funding from the City.
Allowable expenses shall be defined as: City permits, Fees and Services, Venue, Food and Bevera ge, Trash/Recycling, and Stage/Tent Rentals. Grant funds requested for Food and Beverage do not exceed 15% of the total grant amount or $1,500 .Grantees shall be requ ired to return any unspent grant funds to the City within 3 days after completion of the audit.
Grants for attendance at youth state, national, or international competitions or performances shall be limited to costs associated with registration, hotel, tr ansportation an d food for partici pants and coaches/chaperones only. Due to short notice of advancement to state, national, or international competitions, applicants shall submit an City of
, Santa Clara
The Center of What's Possible
COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 2 of 4
Resolution No. 18-8605
application within one week of advancing to such competitions.
Submission of an applica tion in no way ob ligates the City to award a grant and the City reserves the right to reject any or all applications, wholly or in part, at any time, w ithout penalty. In all cases, the City reserves the right to reject any and all applications in the event the City Manager’s Office identifies a potential conflict of interest or the appearance of a conflict of interest.
ELIGIBILITY
CRITERIA
In addition to a timely and complete appli cation, t he applicant must demonstrate that the event or ac tivity being funded (other than competition funding, described below) by the City’s grant will sa tisfy all of the following criteria:
a) Provides a benefit to Santa Clara residents
b) Contributes positively to the recognition and image of the City of Santa Clara
c) If the grant is for an event, then the event will be open to the general public and does not discriminate on the basis of race, gender, religion, sexual orientation, or any other protected characteristic under state or federal law
d) Aligns with established Council goals
e) Grant funds will not be used for political or religious purposes f) If the event or activity is a fundraising event, that the proceeds from the fundraising activity will support programs, services or events for residents of the City of Santa Clara
If the grant is for an event or activity, then the applicant must demonstrate that the event or activity being funded by the City’s grant will be held within the City of Santa Clara.
If the activity being funded is individual or group attendance at a youth competition or performance, then the applicant must demonstrate that the activity being funded by the City’s grant will satisfy all of the following criteria:
a) Funding the activity provides a benefit to Santa Clara residents, students or schools
b) Contributes positively to the recognition and image of the City of Santa Clara
c) Aligns with established Council goals
COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 3 of 4
Resolution No. 18-8605
d) Grant funds will not be used for political or religious purposes e) The grant funds requested will only be used for a specific state, national, or international title or performance
f) The grant funds requested do not exceed 20% of the allowable expenses (registration, hotel, transportation, and food) and comport with the other requirements stated in the application g) Individuals, teams or groups should either be from Santa Clara schools or have at least 50% of the students from the teams or groups be residents in the City of Santa Clara
h) The student-to-coach/chaperone ratio is six students to one coach/chaperone
PROCEDURE 1. City Council approves an a nnual budget item for City grants , to be administered by the City Manager’s Office
2. Applicants submit timely and complete grant applications to the City Manager’s Office for review
3. City Manager’s Office review s application for compliance with eligibility cr iteria and availability of funds . City Manager may seek additional information from applicant as necessary.
4. If an application is approved by the City Manager’s Office, then the approved application marked acc ordingly shall be transmitted to th e applicant with additional instructions, if any.
5. If an application is not approved by the C ity Manager’s Of fice, the City Manager shall notify the applicant in writing.
6. If the applicant has received a grant for an even t/activity other than performance or competition attendance, then applicant shall submit proof that the grant funds have been sp ent in the manner and for the purposes stated on the applica tion within thirty (30) days after the event/activity.
7. If the applic ant has received a grant for performance or competition attendance, then proof of all allowable expenses actually incurred, as well as allocatio n of grant funds, shall be submitted to the City Manager’s Office by the applicant within thirty (30) days after the competition.
8. Applicants that have received a grant, regardless of type of activity, shall maintain sufficient books and rec ords in accordan ce with generally accepted accounting principles. The City shall have the COMMUNITY GRANT POLICY (cont.)
Adopted //2021 CP 049 Page 4 of 4
Resolution No. 18-8605
right to audit the books and records o f the applicant for up to four (4) years from the date of disbursement of grant funds for the purpose of verifying any and all reimbursement requests made by the applicant.
9. If an applicant makes a grant request directly to a member of the City Council, wh ether individually or as a group, the Council s hall refer the applicant to the City Manager’s Office fo r application and review in accordance with this policy.
10. Staff shall report any distributions in accordance with applicable tax law.
Attachment: City of Santa Clara Community Grant Application City of Santa Clara
Policy and Procedure Manual
BANNER POLICY
Revised December 2016 P&P 004 Page 1 of 3
PURPOSE To establish clear guidelines for the placement of allowable publicity on City-owned property to communicat e information regarding public events, events at public facilities, or to promote amenities of general interest to the community.
POLICY A banner permit grants permission to temporarily occupy designated banner locations on City property for the purpose of providing notice to residents and visitors of Santa Clara about City -sponsored, City-funded, City-wide special events and to promote amenities and services relating to recreational, cultural, athletic, education, entertainment or social services throughout the City but are limited to non -commercial, non - political and of a non -religious nature. Banners on City property must be approved, scheduled and coordinated by the City Manager’s Office.
Display of free -standing signs on public property are presently only allowed at Civic Center Park, Central Park and Live Oak Park on special stands and on the fence of Larry J. Marsalli Park at the corn er of Lafayette Street and El Camino Real and are limited to advertising local public events which are non -commercial, non -political, and of a non - religious nature. The event must be free of charge or aimed at raising funds for a Santa Clara non -profit spo nsor. The display free -standing signs on public property must be approved, scheduled and coordinated by the Parks and Recreation Department.
The banner permit fee is subject to the Annual Fee Schedule as adopted by the City Council.
The following guidelines apply for street pole banners:
Banners on City-owned light poles must be vertical and measure not more than 84 inches high by 30 inches wide for the light poles along Great America Parkway and 84.5 inches high by 30 inches wide for the light poles alon g El Camino Real . Tops and bottoms must be hemmed with pockets deep enough to accommodate the bracket hardware and with openings at the ends. Banners must be made of durable cloth, canvas or vinyl.
A completed banner design (text and graphics) must be submitted to the City Manager’s Office at time of application, including proof of application fee from the Finance Department.
Banners promoting specific events cannot be hung more than 30 days prior to the start of the event and must be removed within City of
, Santa Clara
The Center of What's Possible
BANNER POLICY (cont.)
Revised December 2016 P&P 004 Page 2 of 3
five (5) days after the completion of the event.
Once approved, applicant must arrange for the production of the banners and for a contractor to install and remove the banners, at no cost to the City.
A maximum of ten (10) banners total may be hung within each display area either on El Camino or on Great America Parkway for a total maximum of 90 banners per application (reference Light Pole Maps).