City Council and Authorities Concurrent
September 24, 2024

Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
6:00 PMTuesday, September 24, 2024
Councilmember Chahal will be participating remotely under the Provisions of AB 2449 Emergency Circumstance
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

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

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

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

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

City of Santa Clara
Joint Meeting Agenda of the
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024
Closed Session - 6:00 PM | Regular Meeting - 7:00 PM
6:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum

1. Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives:

Jovan D. Grogan, Nadine Nader, Aracely
Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):

Unit # 6 - AFSCME Local 101 (American Federal of State, County and Municipal Employees)
Unit # 9 - Miscellaneous Unclassified Management Employees 24-909
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.

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

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS

2. Proclamation of September 2024 as World Alzheimer’s Month24-424

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

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

3.A Action on Meeting Minutes of May 20, 2024 Special City Council & Stadium Authority and June 4, 2024 Joint Council &
Authorities and Stadium Authority Meetings
24-932
Approve the meeting minutes of May 20, 2024
Special City Council & Stadium Authority and June 4,
2024 Joint Council & Authorities and Stadium
Authority Meetings.

Recommendation:

3.B Board, Commissions and Committee Minutes24-17
Note and file the Minutes of:

Planning Commission - August 21, 2024
Historical and Landmarks Commission - May 2, 2024
Board of Library Trustees - August 5, 2024
Board of Library Trustees - August 19, 2024
Recommendation:

3.C Action on the Santa Clara Convention Center FY 2023/24 4th Quarter Financial Status Report
24-645
Note and file the Santa Clara Convention Center
Financial Status Report for the 4th Quarter ending
June 30, 2024, as submitted by OVG.

Recommendation:

3.D Action to Approve an Agreement with the Santa Clara Valley Water District
(Valley Water) Relating to Payment of up to
$350,000 to the City for Providing Support Services for Valley Water’s Purified Water Project
24-824
Authorize the City Manager to execute the Agreement
with the Santa Clara Valley Water District Relating to
Valley Water’s Payment for City’s Support Services
Related to Purified Water, in substantially the form
presented subject to minor revisions approved or
required by the City Manager or City Attorney
Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

3.E Action on an Agreement with Kimley-Horn and Associates, Inc. for Planning Professional Services and an Agreement with BKF Engineers for Design Professional Services for the De La Cruz Boulevard, Lick Mill Boulevard, and Scott Boulevard Bikeway Improvements Project
24-511

1. Authorize the City Manager to negotiate and
execute an agreement with Kimley-Horn and
Associates, Inc. to provide planning professional
services for the De La Cruz Boulevard, Lick Mill
Boulevard, and Scott Boulevard Bikeway
Improvements project for an initial two-year term
with maximum compensation not-to-exceed
$552,685, in a final form approved by the City
Attorney;

2. Authorize the City Manager to negotiate and
execute an agreement with BKF Engineers to
provide design professional services for the De La
Cruz Boulevard, Lick Mill Boulevard, and Scott
Boulevard Bikeway Improvements project for an
initial two-year term with maximum compensation
not-to-exceed $762,812, in a final form approved
by the City Attorney; and

3. Authorize the City Manager to negotiate and
execute amendments to both agreements to make
modifications as required and extend the term for
up to four additional one-year terms, subject to the
compensation limits, and appropriation of funds, in
final forms approved by the City Attorney.

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

3.F Action on a Grant Agreement with the California Office of Traffic Safety and
Amendment No. 1 to the Agreement with
Kimley-Horn and Associates, Inc. for the Santa Clara Vision Zero Plan and Related Budget Amendments
24-703

1. Authorize the City Manager to execute and take all
necessary steps to implement the Grant Agreement
between the City of Santa Clara and the State of
California Office of Traffic Safety in the amount of
$77,800 for the Santa Clara Vision Zero Plan, in a
final form approved by the City Attorney;

2. Authorize the City Manager to negotiate and
execute Amendment No. 1 to the Agreement with
Kimley-Horn and Associates, Inc. to increase the
maximum compensation by $24,299 for a revised
not-to-exceed amount of $580,835, to provide
promotional materials and additional support
services for the Santa Clara Vision Zero Plan, in a
final form approved by the City Attorney;

3. Authorize the City Manager to make minor
modifications to both agreements and to extend the
terms, if needed, in a final form approved by the
City Attorney; and

4. Approve the FY 2024/25 budget amendment in the
Streets and Highways Capital Fund to increase the
Other Agencies Revenue estimate by $77,800 to
recognize grant funding for the OTS grant and
establish the Santa Clara Vision Zero - 2024 OTS
Grant Project in the amount of $77,800. (Five
affirmative Council votes required to
appropriate additional revenue).

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

3.G Action on a Grant Agreement with the California Office of Traffic Safety, and
Amendment No. 2 to the Agreement with Safe
Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments
24-702

1. Authorize the City Manager to execute and take all
necessary steps to implement the Grant Agreement
between the City of Santa Clara and the State of
California Office of Traffic Safety in the amount of
$69,050 for the Safe Routes to School Program, in
a final form approved by the City Attorney;

2. Authorize the City Manager to execute Amendment
No. 2 to the Agreement with Safe Moves, Inc. to
increase the maximum compensation by $69,050
for a revised not-to-exceed amount of $714,250, to
provide equipment and services in support of the
Safe Routes to School Program, in a final form
approved by the City Attorney;

3. Authorize the City Manager to make minor
modifications to both agreements and to extend the
terms, if needed, in a final form approved by the
City Attorney; and

4. Approve the FY 2024/25 budget amendment in the
Streets and Highways Capital Fund to increase the
Other Agencies Revenue estimate by $69,050 to
recognize grant funding for the OTS grant and
establish the 2024 Santa Clara School Pedestrian
and Bicycle Safety Project in the amount of
$69,050 (five affirmative Council votes required
to appropriate additional revenue).

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

3.H Action to Authorize City Manager to Negotiate and Execute Amendment No.
3 to the Master Product and Services
Agreement and Related Orders with Hexagon Safety &
Infrastructure for the Computer Aided Dispatch System
24-1528
Authorize the City Manager to negotiate and execute
Amendment No. 3 to Master Product and Services
Agreement (Master Agreement) with Hexagon Safety
& Infrastructure to extend the term through November
30, 2029, and execute Orders pursuant to the terms of
the Master Agreement to upgrade the Computer
Aided Dispatch System to I/CAD 9.4 2H2023 and
renew the maintenance and support services with a
total not-to-exceed amount of $5,341,925, subject to
the appropriation of funds and approval as to form by
the City Attorney.

Recommendation:

3.I Action on Authorizing the Use of City Electric Forces for Public Works Projects at Various Locations
24-855

1. Determine the proposed action is exempt from
CEQA pursuant to Section 15303 (Class 3 - New
Construction or Conversion of Small Structures) of
Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section
1310 of the City Charter that the public works
located at 45 Cronin Drive, 2230 Calle Del Mundo,
2900 Semiconductor Drive, and 2250 Walsh
Avenue are better performed by the City with its
own employees based on the information set forth
in this Report to Council and authorize the
performance of these public works consistent with
this authorization.

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

3.J Action to Approve Increased Hourly Rates for As-Needed Classifications Working
at Levi’s Stadium, Adopt Resolution
Approving the Updated Salary Plan, and Approve Related
Budget Amendment
24-843

1. Approve increases to the hourly pay rate for the
as-needed classifications of Per Diem Dispatcher,
Per Diem Police Officer, and Traffic Control Officer;

2. Adopt a Resolution approving and adopting the
updated as-needed salary plan reflecting the
increased hourly rates; and

3. Approve the FY 2024/25 budget amendment in the
General Fund to increase the Charges for Services
budget in the amount of $317,623 and increase the
Non-Departmental Salaries and Benefits budget in
the amount of $317,623 (five affirmative Council
votes required to appropriate additional
revenue).

Recommendation:

3.K Action to Designate a Voting Delegate for the 2024 League of California Cities Annual Conference and Expo
24-874
Designate City Councilmember Kevin Park as a
voting delegate for the 2024 League of California
Cities Annual Conference and Expo
Recommendation:

3.L Action to Waive First Reading and Introduce an Ordinance 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” to Enable
Compliance with Regional Water Resources Control Board
Requirements and Update Administrative Language
24-1603
Waive First Reading and Introduce an Ordinance
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” to enable compliance with Regional Water
Resources Control Board Requirements and Update
Administrative Language.

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

3.M 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”
24-838
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”
Recommendation:

SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR

4.A Report on the Audited Santa Clara Stadium Authority Fiscal Year 2023/24 Annual Financial Statements
24-829
Note and file the Santa Clara Stadium Authority Fiscal
Year 2023/24 Annual Financial Statements.

Recommendation:

4.B 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
24-891
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.

Recommendation:

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

CONSENT ITEMS PULLED FOR DISCUSSION

PUBLIC HEARING/GENERAL BUSINESS

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

5. 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) 24-810

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.

Recommendation:

6. 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.
24-759
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.

Recommendation:

7. 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
24-513
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.

Recommendation:

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

8. 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
24-931
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.

Recommendation:

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030

REQUESTS

CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next regular scheduled meeting is on Tuesday, October 8, 2024 in the City Hall Council Chambers.

Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda September 24, 2024

The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision.

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

STREAMING SERVICES:

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

Note:

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

AB23 ANNOUNCEMENT:

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

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

LEGEND:

City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers.

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

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

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

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

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-909 Agenda Date: 9/24/2024

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

Unit # 6 - AFSCME Local 101 (American Federal of State, County and Municipal Employees) Unit # 9 - Miscellaneous Unclassified Management Employees City of Santa Clara Printed on 9/20/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-424 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Proclamation of September 2024 as World Alzheimer’s Month

BACKGROUND
Alzheimer’s disease is the most common form of dementia, a brain condition that affects the parts of the brain controlling thought, memory, and language. It can seriously affect the ability of individuals to conduct their daily activities. While the risk of developing Alzheimer’s disease increases as people age, it is not a normal part of aging. Scientists do not yet fully understand the causes of Alzheimer’s disease, but suspect that there are multiple factors affecting individuals, including age, family history, and potentially diet and environment. In 2020, an estimated 5.8 million Americans were living with Alzheimer’s disease, a number that is projected to climb to 14 million people by 2060. In California, more than 719,000 people are living with Alzheimer’s disease, along with 1.37 million unpaid caregivers.

The theme of the 2024 World Alzheimer’s Month is “Time to act on dementia, time to act on Alzheimer’s.” The awareness campaign focuses on attitudes toward dementia and addressing the stigma and discrimination that exist around the condition.

DISCUSSION
At the September 24, 2024 City Council meeting, the City Council will proclaim September 2024 as World Alzheimer’s Month. Representatives from Alzheimer's Association, Northern California and Northern Nevada Chapter, will be present to accept the proclamation.

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

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

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

Reviewed by: Fiona Kirby, Management Analyst, City Manager’s Office City of Santa Clara Printed on 9/20/2024Page 1 of 2
powered by Legistar™
24-424 Agenda Date: 9/24/2024
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Draft Proclamation of September 2024 as World Alzheimer’s Awareness Month City of Santa Clara Printed on 9/20/2024Page 2 of 2
powered by Legistar™
Draft Proclamation
City of SantaClara

WHEREAS, in 2012, September was first recognized as World Alzheimer’s Month to raise global awareness about dementia and dementia advocacy around the world; and

WHEREAS, the 2024 World Alzheimer’s Month theme is “Time to act on dementia, time to act on Alzheimer’s” which foc uses on attitudes toward dementia and addressing the stigma and discrimination that exist around the condition; and

WHEREAS, Alzheimer’s is the most common form of dementia, a brain condition that affects the parts of the brain controlling thought, memory, and language; an an estimated 5.8 million people are living with Alzheimer’s disease in the United States, and by 2060 that number is projected to grow to 14 million people; and

WHEREAS, despite the fact that Alzheimer’s disease is not a normal part of aging, the risk of developing Alzheimer’s disease increases with age; scientists do not yet fully understand what causes Alzheimer’s disease but believe there is likely not one single cause but a variety of factors which contribute to the risk of developing the disease.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the entire City Council, do hereby proclaim the month of September 2024 as
World Alzheimer’s Month

in the City of Santa Clara and call upon the community to recognize the impacts of Alzheimer’s disease and work to support those affected.

Given under my hand and the Seal of the City of Santa Clara, California, this 24th day of September 2024.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA

ANTHONY BECKER
VICE MAYOR, DISTRICT 6

KATHY WATANABE
COUNCILMEMBER, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
Proclamation
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-932 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Action on Meeting Minutes of May 20, 2024 Special City Council & Stadium Authority and June 4, 2024 Joint Council & Authorities and Stadium Authority Meetings

RECOMMENDATION
Approve the meeting minutes of May 20, 2024 Special City Council & Stadium Authority and June 4, 2024 Joint Council & Authorities and Stadium Authority Meetings.

City of Santa Clara Printed on 9/20/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Meeting Minutes
Special Meeting of the
City Council/Stadium Authority Board
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
05/20/2024
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
How to Submit Written Public Comment Before City Council Meeting:

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

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

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

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

05/20/2024Call and Notice Special Meeting City
Council/Stadium Authority Board
Meeting Minutes
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Mayor/Chair calls for a Special Meeting of the City Council of the City of Santa Clara, the Governing Board of the Stadium Authority, to commence and convene on May 20, 2024 at 5:00 pm for a Special Meeting to be held virtually and in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, to consider the following matter(s) and to potentially take action with respect to them.
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the meeting to order at 5:02 PM.

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

Present: 7 -
Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

ADJOURN TO CLOSED SESSION FOR THE FOLLOWING:

1.A 24-550 Conference with Legal Counsel-Existing Litigation (CC, SA) Pursuant to Gov. Code § 54956.9(d)(1)
Forty Niners SC Stadium Company LLC v. Santa Clara Stadium Authority, JAMS Consolidated Case No. 1110024318

1.B 24-556
Conference with Real Property Negotiators
Pursuant to Gov. Code § 54956.8
Property: Stadium Site located at 4900 Marie P Debartolo Way, Santa Clara, California 95054 (APN: 104-43-055)
City Negotiators: Jovan D. Grogan, Glen R. Googins
Negotiating Parties:

Stadium Authority and Forty Niners SC Stadium Company, LLC Under Negotiation: Stadium Lease of Real Property interest(s), price and terms of Lease

05/20/2024Call and Notice Special Meeting City
Council/Stadium Authority Board
Meeting Minutes

1.C 24-557
Public Comment
Conference with Real Property Negotiators
Pursuant to Gov. Code § 54956.8
Property: Stadium Site located at 4900 Marie P Debartolo Way, Santa Clara, California 95054 (APN: 104-43-055)
City Negotiators: Jovan D. Grogan, Glen R. Googins
Negotiating Parties:

City of Santa Clara and Stadium Authority
Under Negotiation: Ground Lease of Real Property interest(s), price and terms of Lease
Teresa O'Neill expressed comments regarding contracts with the San Francisco 49ers.

Kirk Vartan expressed comments regarding contracts with the

San Francisco 49ers.

SVPRO expressed comments regarding contracts with the
San Francisco
49ers.

Patrick Ahrens expressed comments regarding contracts with the San Francisco 49ers.

Convene to Closed Session (Council Conference Room)
Council/Stadium Authority Board adjourned into Closed Session at 5:14 PM.

ADJOURNMENT

REPORTS OF ACTION TAKEN IN CLOSED SESSION, IF ANY REQUIRED, TO BE PRESENTED BY

THE CITY ATTORNEY IN PERSON IN COUNCIL CHAMBERS
No reportable action taken in Closed Session.

The next regular scheduled meeting is on Tuesday, May 28, 2024 in the City Hall Council Chambers.

Call and Notice Special Meeting City
Council/Stadium Authority Board

MEETING DISCLOSURES
Meeting Minutes 05/20/2024
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

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

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

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

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

City of Santa Clara Page4 Printed on 08/22/2024
City of Santa Clara
Meeting Minutes
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Draft
5:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
06/04/2024
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:

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

2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email. NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.

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

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
Study Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM STUDY SESSION
Call to Order in the Council Chambers
Mayor Gillmor called the Study Session to order at 5:05 PM.

Confirmation of Quorum
Assistant City Clerk Pimentel confirmed a quorum.

1.A 24-179 Presentation of Second Voter Research Survey Results for a Possible November 2024 Ballot Measure to Fund Public Infrastructure and Request for Council Input
Recommendation:

Review and provide input on potential revenue measure to be placed on the November 2024 Ballot.

City Manager Grogan kicked off the study session and made some opening remarks.

Ben Tulchin (Tulchin Research) gave a Powerpoint Presentation on the second voter research survey results for a possible November 2024 ballot measure to fund public infrastructure and request for Council input.

City Manager Grogan continued the presentation.

Council questions followed.

City Manager Grogan and Director of Finance Lee addressed Council questions and concerns.

Council questions followed.

City Manager Grogan addressed Council questions and concerns.

Public Comment: Vikas Gupta
Julie Corrigan
Debbie Tryforos
Kirk Vartan

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

1.B 24-321 Study Session: Review of the Proposed FY 2024/25 & FY 2025/26 Biennial Capital Improvement Program Budget and FY 2024/25 Operating Budget Amendments
Recommendation:

Review and provide input on the Proposed FY 2024/25 & FY 2025/26 Biennial Capital Improvement Program Budget and FY 2024/25 Operating Budget Amendments.

City Manager Grogan introduced the item and made some opening remarks.

Director of Finance Lee gave a Powerpoint Presentation on the review of the proposed FY 2024/25 and FY 2025/26 Biennial Capital Improvement Program Budget and FY 2024/25 Operating Budget Changes.

Council questions followed.

City Manager Grogan
and Director of Finance Lee addressed Council
questions.

Public Comment: Vikas Gupta
Jan Hintermeister
Council comments continued.

Vice Mayor Becker requested staff to return at the next meeting with the funding costs for the lawn bowling facility as well as funding on the rainbow crosswalks.

Mayor Gillmor called a recess at 6:50 PM and reconvened the meeting at 7:07 PM.
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Mayor/Chair Gillmor called the meeting to order at 7:08 PM.

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

Council/Boardmember Park recited the Statement of Values.

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
Roll Call
Council/Boardmember Kathy Watanabe, Council/Boardmember Raj Chahal, Council/Boardmember Kevin Park, Council/Board
member Suds
Jain, Vice Mayor/Chair
Anthony Becker, and Mayor/Chair Lisa M. Gillmor

Present: 6 -

Absent: 1 - Council /Boardmember Karen Hardy
A motion was made by Council/Boardmember Chahal, seconded by Vice Mayor/Chair Becker, to excuse Council/Boardmember Hardy from the meeting.

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Park, Council/Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
6 -

Absent: 1 - Council /Boardmember Hardy
24-613 Post Meeting Material
Assistant City Clerk/Secretary Pimentel recited the AB23 announcement and Statement of Behavioral Standards.

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

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
None.

Mayor Gillmor noted that she will be moving up Special Order of Business before Countinuance/Exceptions/Reconsiderations.

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

3.A 24-131

3.B 24-132
Proclamation of June 2024 as Pride Month in the City of Santa Clara Mayor Gillmor, on behalf of the Council, proclaimed June 2024 as Pride Month in the City of Santa Clara and encouraged residents to attend in-person Pride Flag Raising at City Hall on Friday, June 7, 2024 at 12pm.

Chris Harris (Director, Office for Multicultural Learning, Campus Climate & Belonging) made comments.

Council comments followed.

Proclamation of June 19, 2024 as Juneteenth in the City of Santa Clara Mayor Gillmor, on behalf of the Council, proclaimed June 19, 2024 as Juneteenth in the City of Santa Clara.

Winston Ashby [Executive Director of Positive Alternative Recreation Teambuilding Impact (P.A.RT.I.) program] made comments.

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS
06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

2.A 24-508 Reconsideration of the Council Actions Taken at the April 23, 2024 City Council Meeting Regarding Proposed FY 2024/25 Fees for Non-Profit Youth Sports Field Use in Accordance with Council Policy 42 Recommendation:

It is recommended that the City Council confirm Council action taken on April 23, 2024 regarding the field use fees for non-profit youth sports groups to maintain fees at the rates presented and as shown in Attachment 1 for FY 2024/25.

City Manager Grogan made opening remarks.

Director of Finance Lee and Acting Director of Parks and Recreation Bojorquez gave a Powerpoint Presentation on the reconsideration of the Council actions taken at the April 23, 2024 City Council meeting regarding proposed FY2024/25 Fees for non-profit youth sports field use in accordance with Council Policy 42.

Council questions followed.

Acting Director of Parks and Recreation Bojorquez addressed Council questions and concerns.

Public Comment: Tarci
Anthony Pascoal
Public Speaker (2)
Mike Walke
Burt Fields
Heidi Stewart
Linda Pascoal
Richard Fitting
Council comments and questions followed.

Acting Director of Parks and Recreation Bojorquez and City Manager Grogan addressed Council questions and concerns.

A motion was made by Councilmember Chahal, seconded by
Councilmember Watanabe, to waive all the fees for the non-profit youth sports field usage.

Vice Mayor Becker requested a friendly amendment to waive all fees effective August 1, 2024.

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
Councilmember Chahal accepted the friendly amendment.

Council comments and questions followed.

Councilmember Park made a friendly amendment to waive the fees for the Fall Quarter and direct staff to return with analysis after stakeholder s meeting.

Councilmember Chahal accepted the friendly amendment,
Councilmember Watanabe declined the friendly amendment.

Councilmember Chahal withdrew his original motion and made a new motion to waive all Fall non-profit youth field usage fees and direct staff to return with analysis after stakeholders meeting. Councilmember Jain seconded the motion.

City Manager Grogan and City Attorney Googins addressed Council comments.

Council discussion ensued.

A motion was made by Councilmember Chahal, seconded by
Councilmember Jain, to waive all Fall non-profit youth field usage fees and directed staff to return with analysis after stakeholders meeting.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
Mayor Gillmor called for a recess at 9:20 PM and reconvened the meeting at 9:28 PM.

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

2.B 24-593 Continuance of an Environmental Impact Report, General Plan Amendment Redesignation from High Intensity Office / Research and Development (R&D) to Light Industrial, Use Permit, and Architectural Review to Allow the Construction of a New Four-Story, 244,068 Square Foot Data Center with a Substation at 2805 Bowers Avenue
Recommendation:

That the City Council approve the continuance request to a date uncertain.

A motion was made by Councilmember Jain, seconded by
Councilmember Chahal, to approve the continuance request to a date uncertain.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

CONSENT CALENDAR
Councilmember Chahal recused himself from Item 4.L due to his property being within 500 ft. of some of the subject item.

Assistant City Clerk Pimentel noted that for Item 4.A, the Planning Commission Meeting Minutes had a typo on Page 5 of the minutes and the corrected minutes have been posted as supplemental materials.

City Manager Grogan noted that there was a typo in recommendation 1 for Item 4.P - the actual effective date is 12-24-23.

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

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Park, Council/Boardmember Jain, Vice Mayor/Chair Becker, and Mayor/Chair Gillmor
6 -
Excused: 1 - Council /Boardmember Hardy

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.A 24-10 Board, Commissions and Committee Minutes
Recommendation: Note and file the Minutes of:

Planning Commission Meeting - June 14, 2023
Planning Commission Meeting - March 6, 2024
Planning Commission Special Meeting - April 17, 2024
Parks & Recreation Commission - April 16, 2024
Assistant City Clerk Pimentel noted that for Item 4.A, the Planning Commission Meeting Minutes had a typo on Page 5 of the minutes and the corrected minutes have been posted as supplemental materials.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the Minutes of: Planning Commission Meeting - June 14, 2023, Planning Commission Meeting - March 6, 2024, Planning Commission Special Meeting - April 17, 2024, and Parks & Recreation Commission - April 16, 2024.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

4.B 24-468
Action on City Bills and Claims Report for the period April 6, 2024 - May 3, 2024
Recommendation:

Approve the list of Bills and Claims for April 6, 2024 - May 3, 2024.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve the list of Bills and Claims for April 6, 2024 - May 3, 2024.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

4.C 24-369
Action on the Santa Clara Convention Center FY 2023/24 3rd Quarter Financial Status Report
Recommendation:

Note and file the Santa Clara Convention Center Financial Status Report for the 3rd Quarter ending March 31, 2024, as submitted by OVG.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to note and file the Santa Clara Convention Center Financial Status Report for the 3rd Quarter ending March 31, 2024, as submitted by OVG.

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

4.D 24-123 Action on Purchase Orders with Motorola Solutions, Inc. for New Public Safety Communication System Radios, Related System Components, and Associated Accessories
Recommendation:

Authorize the City Manager, or designee, to issue purchase orders to Motorola Solutions, Inc. for the purchase of new public safety communication system radios, related system components, and associated accessories and services under the terms and conditions of the June 2020 Communications Equipment and Services Agreement between Motorola and Silicon Valley Regional Interoperability Authority, with a total cumulative maximum compensation of $6,058,983.16 plus a ten percent (10%) contingency ($605,898.32) for a total not to exceed amount of $6,664,881.48 inclusive of applicable taxes over a seven-year period from the date of the initial purchase, subject to the appropriation of funds and the review and approval as to form by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to authorize the City Manager, or designee, to issue purchase orders to Motorola Solutions, Inc. for the purchase of new public safety communication system radios, related system components, and associated accessories and services under the terms and conditions of the June 2020 Communications Equipment and Services Agreement between Motorola and Silicon Valley Regional Interoperability Authority, with a total cumulative maximum compensation of $6,058,983.16 plus a ten percent (10%) contingency ($605,898.32) for a total not to exceed amount of $6,664,881.48 inclusive of applicable taxes over a seven-year period from the date of the initial purchase, subject to the appropriation of funds and the review and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.E 24-1511 Action on Award of Agreement to Tucker Construction, Inc. for Encampment Cleanup Services
Recommendation: 1. Determine the proposed actions are exempt from CEQA pursuant to Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15321 (Enforcement Actions by Regulatory Agencies) of Title 14 of California Code of Regulations;

2. Authorize the City Manager to execute an agreement with Tucker Construction, Inc. for homeless encampment cleanup services for an initial one-year term starting on or around July 1, 2024 and ending on or around June 30, 2025, with a not-to-exceed maximum compensation of $110,000, in a final form approved by the City Attorney; and

3. Authorize the City Manager to exercise up to four one-year options to extend the term of the agreement through June 31, 2029 and to approve annual reasonable market price adjustments, subject to the appropriation of funds, in a final form approved by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) determine the proposed actions are exempt from CEQA pursuant to Sections 15301 (Existing Facilities), 15304 (Minor Alterations to Land), and 15321 (Enforcement Actions by Regulatory Agencies) of Title 14 of California Code of Regulations; (2) authorize the City Manager to execute an agreement with Tucker Construction, Inc. for homeless
encampment cleanup services for an initial one-year term starting on or around July 1, 2024 and ending on or around June 30, 2025, with a not-to-exceed maximum compensation of $110,000, in a final form approved by the City Attorney; and (3) Authorize the City Manager to exercise up to four one-year options to extend the term of the agreement through June 31, 2029 and to approve annual reasonable market price adjustments, subject to the appropriation of funds, in a final form approved by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.F 24-291 Action on an Agreement with the Santa Clara Valley Transportation Authority for 2016 Measure B Funding of the Bowers Avenue Class IV Bikeway Study and Related Budget Amendment
Recommendation:

1. Approve and authorize the City Manager to execute the funding agreement between the City of Santa Clara and Santa Clara Valley Transportation Authority for the Bowers Avenue Class IV Bikeway Study in final form approved by the City Attorney; and

2. Approve a FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies revenue estimate in the amount of $154,000 to recognize Measure B grant funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $146,000, and establish an appropriation for the new Project - Bowers Avenue Class IV Bikeway Study in the amount of $300,000 (five affirmative Council votes required to appropriate additional revenue).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute the funding agreement between the City of Santa Clara and Santa Clara Valley Transportation Authority for the Bowers Avenue Class IV Bikeway Study in final form approved by the City Attorney; and (2) approve a FY 2023/24 budget amendment in the Streets and Highways Capital Fund to increase the Other Agencies revenue estimate in the amount of $154,000 to recognize Measure B grant funding, decrease the Pedestrian and Bicycle Enhancement Facilities Project in the amount of $146,000, and establish an appropriation for the new Project - Bowers Avenue Class IV Bikeway Study in the amount of $300,000.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.G 24-311 Action on an Agreement with CSG Consultants, Inc. for Design Professional Services for Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects)
Recommendation:

1. Approve and authorize the City Manager to execute an agreement with CSG Consultants, Inc. for Design Professional Services for the Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects) for an initial term ending December 31, 2027 in the amount not-to-exceed $805,373 for services required for annual street pavement maintenance and rehabilitation projects to be constructed in 2025, in a final form approved by the City Attorney;

2. Approve and authorize the City Manager to execute up to two extension options to extend the term and increase the compensation amount of the agreement to provide services for future 2026 and 2027 annual street pavement maintenance and rehabilitation construction contracts, up to a maximum term limit ending December 31, 2029 and up to a total maximum not-to-exceed compensation limit in the amount of $7,000,000, inclusive of the initial term and all extension options, if exercised, subject to budget appropriations;

3. Approve and authorize the City Manager to amend the agreement to add, remove, or modify services and compensation amounts, including adjusting services and compensation amounts between the initial term and extension options or other actions as necessary to provide design services for 2025, 2026, and 2027 annual street pavement maintenance and rehabilitation projects, subject to the maximum term and compensation limits, budget appropriations, and approval as to form by the City Attorney; and

4. Authorize the City Manager to make minor modifications, including time extensions, to the agreement, if needed.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute an agreement with CSG Consultants, Inc. for Design Professional Services for the Annual Street Pavement Maintenance and Rehabilitation Projects (2025-2027 Projects) for an initial term ending December 31, 2027 in the amount not-to-exceed $805,373 for services required for annual street pavement maintenance and rehabilitation projects to be constructed in 2025, in a final form approved by the City Attorney; (2) approve and authorize the City Manager to execute up to two extension options to extend the term and increase the compensation amount of the agreement to provide services for future 2026 and 2027 annual street pavement maintenance and rehabilitation construction contracts, up to a maximum term limit ending December 31, 2029 and up to a total

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
maximum not-to-exceed compensation limit in the amount of $7,000,000, inclusive of the initial term and all extension options, if exercised, subject to budget appropriations; (3) approve and authorize the City Manager to amend the agreement to add, remove, or modify services and compensation amounts, including adjusting services and compensation amounts between the initial term and extension options or other actions as necessary to provide design services for 2025, 2026, and 2027 annual street pavement maintenance and rehabilitation projects, subject to the maximum term and compensation limits, budget appropriations, and approval as to form by the City Attorney; and (4) authorize the City Manager to make minor modifications, including time extensions, to the agreement, if needed.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

4.H 24-340 Action on an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project Recommendation:

1. Approve and authorize the City Manager to execute an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project in the not-to-exceed amount of $586,003, in a final form approved by the City Attorney; and

2. Authorize the City Manager to make minor modifications to the Agreement including term extensions, if needed, in a final form approved by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute an Agreement for Design Professional Services with BKF Engineers for the Anna Drive Neighborhood Flood Protection Project in the not-to-exceed amount of $586,003, in a final form approved by the City Attorney; and (2) authorize the City Manager to make minor modifications to the Agreement including term extensions, if needed, in a final form approved by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.I 24-352 Action on Agreements with the County of Santa Clara for the Countywide AB 939 Implementation Fee and Countywide Household Hazardous Waste Collection Program
Recommendation:

1. Approve and Authorize the City Manager to execute the Agreement for Countywide AB 939 Implementation Fee to collect and distribute the AB 939 Implementation Fee over the three-year term of the agreement, in a final form approved by the City Attorney;

2. Approve and authorize the City Manager to execute the Agreement for Countywide Household Hazardous Waste Collection Program with the County of Santa Clara to enable residents to participate in the Countywide Household Hazardous Waste Collection Program for a three-year term, in a final form approved by the City Attorney;

3. Authorize the City Manager to execute future amendments to the Agreement for Countywide Household Hazardous Collection Program with the County of Santa Clara to adjust the annual augmentation over the baseline 4 percent participation level, in final forms approved by the City Attorney; and

4. Authorize the City Manager to execute future license agreements with the County of Santa Clara that enable drop-off events to be conducted on the Public Works Corporation Yard premises, in final forms approved by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) approve and authorize the City Manager to execute the Agreement for Countywide AB 939
Implementation Fee to collect and distribute the AB 939 Implementation Fee over the three-year term of the agreement, in a final form approved by the City Attorney; (2) approve and authorize the City Manager to execute the Agreement for Countywide Household Hazardous Waste Collection Program with the County of Santa Clara to enable residents to participate in the Countywide Household Hazardous Waste Collection Program for a three-year term, in a final form approved by the City Attorney; (3) authorize the City Manager to execute future amendments to the Agreement for Countywide Household Hazardous Collection Program with the County of Santa Clara to adjust the annual augmentation over the baseline 4 percent participation level, in final forms approved by the City Attorney; and (4) authorize the City Manager to execute future license agreements with the County of Santa Clara that enable drop- off events to be conducted on the Public Works Corporation Yard premises, in final forms approved by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -

Excused: 1 - Councilmember Hardy
06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.J 24-530 Action to Authorize the City Manager to Negotiate and Execute Amendments to Agreements for Environmental Health and Safety Consulting and Training Services with Electrical Safety Consultants, Inc., doing business as ESCI, Inc., and BSI America Professional Services, Inc. to Extend the Term, Increase Maximum Compensation, and Add Additional Services for Silicon Valley Power Recommendation: 1. Authorize the City Manager to negotiate and execute amendments to the agreements with Electrical Safety Consultants, Inc., doing business as ESCI, Inc. and BSI America Professional Services, Inc. (BSI), to increase the aggregate maximum compensation by $900,000 for a new aggregate maximum compensation of $2,000,000, subject to the review and approval as to form by the City Attorney; and

2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the agreements as amended and negotiate and execute amendments to (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for reasonable changes in labor and materials rates; (c) exercise options to extend the term of the agreements for up to five years in any increment through January 31, 2032; and (d) increase the maximum compensation for an additional $1,000,000 for a total aggregate maximum compensation not to exceed $3,000,000 over a ten-year period for both agreements, subject to the appropriation of funds and the review and approval as to form by the City Attorney.

A motion was made be Vice Mayor Becker, seconded by Councilmember Chahal, to (1) authorize the City Manager to negotiate and execute amendments to the agreements with Electrical Safety Consultants, Inc., doing business as ESCI, Inc. and BSI America Professional Services, Inc. (BSI), to increase the aggregate maximum compensation by $900,000 for a new aggregate maximum compensation of $2,000,000, subject to the review and approval as to form by the City Attorney; and (2) authorize the City Manager or designee to take any actions as necessary to implement and administer the agreements as amended and negotiate and execute amendments to (a) add or delete services consistent with the scope of services; (b) adjust future rates to account for reasonable changes in labor and materials rates; (c) exercise options to
extend the term of the agreements for up to five years
in any increment through January 31, 2032; and (d) increase the maximum compensation for an additional $1,000,000 for a total aggregate maximum compensation not to exceed $3,000,000 over a ten-year period for both agreements, subject to the appropriation of funds and the review and approval as to form by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: 1 - Councilmember Hardy
06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.K 24-355 Action on Amendment No. 1 to the Agreement with TruePoint Solutions, LLC for Professional Services to Support the Accela Civic Platform and Approve the Related Budget Amendments
Recommendation:

1. Authorize the City Manager to negotiate and execute Amendment No. 1 to the Agreement with TruePoint Solutions, LLC for software support services for the Accela Civic Platform permitting system to extend the term by three years through June 30, 2027 and increase the maximum compensation by $1,359,094 for a revised maximum compensation amount of $2,445,094, subject to the appropriation of funds and approval as to form by the City Attorney;

2. Authorize the City Manager to execute future amendments to add and/or delete services and extend the agreement through June 30, 2029, subject to the maximum compensation limit and approval as to form by the City Attorney; and

3. Approve the following FY 2023/24 budget amendments:
a. In the General Fund, increase the transfer to the Fire Department Capital Fund in the amount of $200,000, increase the transfer to the General Government Capital Fund in the amount of
$270,000 and decrease the Technology Fee Reserve in the amount of $470,000 (five affirmative Council votes required for the use of unused balances);
b. In the Building Development Services Fund, increase the transfer to the General Government Capital Fund in the amount of $880,094 and decrease the unrestricted ending fund balance in the amount of $880,094 (five affirmative Council votes required for the use of unused balances);
c. In the Fire Department Capital Fund, increase the transfer from the General Fund in the amount of $200,000 and increase the Fire Department Accela Implementation Project in the amount of $200,000 (five affirmative Council votes required to
appropriate additional revenue); and
d. In the General Government Capital Fund, increase the transfer from the General Fund in the amount of $270,000, increase the transfer from the Building Development Services Fund in the amount of $880,094, and increase the Permit Information Systems Project in the amount of $1,150,094 (five affirmative Council votes required to appropriate additional revenue).

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) authorize the City Manager to negotiate and execute Amendment No. 1 to the Agreement with TruePoint Solutions, LLC for software support services for the Accela Civic Platform permitting system to extend the term by three years through June 30, 2027 and increase the maximum

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
compensation by $1,359,094 for a revised maximum compensation amount of $2,445,094, subject to the appropriation of funds and approval as to form by the City Attorney; (2) authorize the City Manager to execute future amendments to add and/or delete services and extend the agreement through June 30, 2029, subject to the maximum compensation limit and approval as to form by the City Attorney; and (3) approve the following FY 2023/24 budget amendments: [a.] In the General Fund, increase the transfer to the Fire Department Capital Fund in the amount of $200,000, increase the transfer to the General Government Capital Fund in the amount of $270,000 and decrease the Technology Fee Reserve in the amount of $470,000; [
b.] In the Building Development Services
Fund, increase the transfer to the General Government Capital Fund in the amount of $880,094 and decrease the unrestricted ending fund balance in the amount of $880,094; [c.] In the Fire Department Capital Fund, increase the transfer from the General Fund in the amount of $200,000 and increase the Fire Department Accela Implementation Project in the amount of $200,000; and d. In the General Government Capital Fund, increase the transfer from the General Fund in the amount of $270,000, increase the transfer from the Building Development Services Fund in the amount of $880,094, and increase the Permit Information Systems Project in the amount of $1,150,094.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.L 24-463 Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at Various Locations
Recommendation: 1. Determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 6001 America Center Drive to 3080 Raymond Street, 1100 Space Park Drive to 2972 Stender Way, 3080 Raymond Street to 6201 America Center Drive, 5101 Lafayette Street to 6201 America Center Drive, 5020 Stars and Stripes Drive to 1990 Walsh Avenue, 881 Martin Avenue to 1100 Space Park Drive, and 2905 Stender Way are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

Councilmember Chahal recused himself from this item due to his property being within 500 ft. of some of the subject item.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and (2) declare and determine in accordance with Section 1310 of the City Charter that the public works located at 6001 America Center Drive to 3080 Raymond Street, 1100 Space Park Drive to 2972 Stender Way, 3080 Raymond Street to 6201 America Center Drive, 5101 Lafayette Street to 6201 America Center Drive, 5020 Stars and Stripes Drive to 1990 Walsh Avenue, 881 Martin Avenue to 1100 Space Park Drive, and 2905 Stender Way are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.M 24-523 Action on Authorizing the Use of City Electric Forces for Projects Located at Various Locations
Recommendation: 1. Determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and

2. Declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2913 Cabrillo Avenue, 2880 Scott Boulevard, and 2950 Patrick Henry Avenue are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) determine the proposed action is exempt from CEQA pursuant to Section 15303 (Class 3 - New Construction or Conversion of Small Structures) of Title 14 of the California Code of Regulations; and (2) declare and determine in accordance with Section 1310 of the City Charter that the public works located at 2913 Cabrillo Avenue, 2880 Scott Boulevard, and 2950 Patrick Henry Avenue are better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of these public works consistent with this authorization.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

4.N 24-289 Action on a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2024/25
Recommendation:

Adopt a Resolution Authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2024/25.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to adopt Resolution No. 24-9328 authorizing the Filing of an Application with the Metropolitan Transportation Commission for Allocation of Transportation Development Act Article 3, Pedestrian and Bicycle Project Funding for Fiscal Year 2024/25.

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

4.O 24-353 Action on Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program Recommendation:

Approve and authorize the City Manager to execute a Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program, in a final form approved by the City Attorney.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to approve and authorize the City Manager to execute a Memorandum of Understanding Among Local Public Agencies in Santa Clara County for Countywide Food Recovery Program, in a final form approved by the City Attorney.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

4.P 24-571 Authorize the City Manager to execute the 2024-2027 Memorandum of Understanding Between the City of Santa Clara and the Santa Clara Employees’ Association (hereafter, “Unit 578”), which incorporates the terms of the Tentative Agreement, and Adoption of a Resolution to Update the Classified Salary Plan for Classifications represented by Unit 578.

Recommendation:

1. Authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the Santa Clara Santa Clara Employees’ Association (Unit 578) with effective dates of January 1, 2024 - December 31, 2027, that incorporates the terms of the Tentative Agreement in a final form approved by the City Attorney; and

2. Adoption of a Resolution to approve the revised salary plan for various classified positions to satisfy the requirements of California Code of Regulations Section 570.5.

City Manager Grogan noted that there was a typo in recommendation 1 - the actual effective date is December 24, 2023.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) authorize the City Manager to execute the Memorandum of Understanding between the City of Santa Clara and the Santa Clara Santa Clara Employees’ Association (Unit 578) with effective dates of December 24, 2023 - December 31, 2027, that incorporates the terms of the Tentative Agreement in a final form approved by the City Attorney; and (2) adopt Resolution No. 24-9329 approv
ing the revised salary plan for various classified positions to satisfy the requirements of California Code of Regulations Section 570.5.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

4.Q 24-337 Action on a Resolution Revising the Regular Meeting Date for the Parks & Recreation Commission
Recommendation:

Adopt a Resolution revising the Parks & Recreation Commission regular meeting date and time to the third Monday of each month at 7 p.m.

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to adopt Resolution No. 24-9330 revising the Parks & Recreation Commission regular meeting date and time to the third Monday of each month at 7 PM.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR

5. 24-485 Action on Stadium Authority Bills and Claims for the Month of March 2024 Recommendation: Approve the list of Stadium Authority Bills and Claims for March 2024.

A motion was made by Vice Chair Becker, seconded by
Boardmember Chahal, to approve the list of Stadium Authority Bills and Claims for March 2024.

Aye:

Boardmember Watanabe, Boardmember Chahal, Boardmember
Park, Boardmember Jain, Vice Chair Becker, and Chair Gillmor 6 -
Excused: 1 - Boardmember Hardy

PUBLIC PRESENTATIONS
None.

CONSENT ITEMS PULLED FOR DISCUSSION
None.

PUBLIC HEARING/GENERAL BUSINESS (COUNCIL/STADIUM)

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

6. 24-591 Action on an Initial Grant Funding Agreement with Forty Niners SC Stadium Company LLC to Provide $200,000 Annually in Grant Funding for an Initial Three Years to the Santa Clara Community and Santa Clara Organizations and Approve the Related Budget Amendments (DEFERRED FROM MAY 28, 2024)
Recommendation:

1. Authorize the City Manager to enter into an Initial Grant Funding Agreement with Forty Niners SC Stadium Company LLC (StadCo) to provide for 1) the distribution of $200,000 annually over three years (Years 1-3) to non-profit organizations and community projects serving the Santa Clara community, as further described in the report and agreement, and 2) a process to develop a program, to be formalized through subsequent funding agreement(s) with StadCo, for the remaining grant distribution, in the amount of $200,000 annually for the subsequent years during StadCo’s 20-year commitment term, in a final form approved by the City Attorney; and

2. Approve the FY 2023/24 budget amendments in the General Fund to recognize other revenue in the amount of $200,000 and increase the Non-Departmental Community Grants Program allocation in the amount of $200,000 (five affirmative Council votes required to appropriate additional revenue).

City Manager Grogan introduced the item and provided opening remarks. Assistant City Manager Baker gave a Powerpoint Presentation on the Initial Grant Funding Agreement with Forty Niners SC Stadium Company LLC.

Council questions followed.

Assistant City Manager Baker, City Manager Grogan and City Attorney Googins addressed Council questions and concerns.

Public Comment: Vikas Gupta
Pilar Furlong
Amanda Pease
Council comments followed .

A motion was made by Vice Mayor Becker, seconded by
Councilmember Chahal, to (1) authorize the City Manager to enter into an Initial Grant Funding Agreement with Forty Niners SC Stadium Company LLC (StadCo) to provide for 1) the distribution of $200,000 annually over three years (Years 1-3) to non-profit organizations and community projects serving the Santa Clara community, as further described in the report and agreement, and 2) a process to develop a program, to be formalized through

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
subsequent funding agreement(s) with StadCo, for the remaining grant distribution, in the amount of $200,000 annually for the subsequent years during StadCo’s 20-year commitment term, in a final form approved by the City Attorney; and (2) approve the FY 2023/24 budget amendments in the General Fund to recognize other revenue in the amount of $200,000 and increase the Non- Departmental Community Grants Program allocation in the amount of $200,000

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

7. 24-1598 Public Hearing: Action on a Resolution Setting Rates for Overall Solid Waste Service and Annual Clean-up Campaign in the Exclusive Franchise Area
Recommendation:

Alternative 1: Adopt a Resolution setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2024.

Mayor Gillmor opened the Public Hearing.

City Manager Grogan introduced the agenda item and provided opening remarks. Deputy Director of Public Works Staub gave a Powerpoint Presentation on the Adoption of a Resolution Setting Rates for Overall Solid Waste Services and Annual Clean-up Campaign in the Exclusive Franchise Area.

Council questions followed.

Deputy Director of Public Works Staub addressed Council questions and concerns.

There were no public comments.

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

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
Assistant City Clerk Pimentel noted that at the conclusion of the Public Hearing, the City of Santa Clara received 19 written protests to the proposed rate increase for solid waste services and in addition to the 0 verbal protests during the Public Hearing. The number of the protests received does not equate to the majority of the parcel owners that are subject to the fee, therefore there is insufficient number of protests that constitutes a majority of protests under Proposition 218 and the Council may proceed with considering the rate increase.

Councilmember Chahal presented a Powerpoint Presentation.

Council deliberation continued.

Director of Public Works Mobeck addressed Council questions and comments.

A motion was made by Councilmember Jain, seconded by
Councilmember Watanabe, to adopt Resolution No. 24-9331 setting the overall rates to be charged to rate payers for the collection and disposal of garbage, refuse, yard trimmings, recycling, and annual Clean-up Campaign in the exclusive franchise area, effective for the utility bills issued for services rendered on and after July 1, 2024.

Aye: Councilmember Watanabe, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor
4 -
Nay: Councilmember Chahal, and Councilmember Park2 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

8. 24-74 Public Hearing: Adoption of a Resolution Approving the Levy of Benefit Assessment Upon Maintenance District No. 183 - Santa Clara Convention Center Complex
Recommendation:

Alternative 1: Adopt a resolution approving the levy of benefit assessment upon the Santa Clara Convention Center Complex - Maintenance District No. 183, and approving, confirming, and adopting the Director’s Report for FY 2024/25.

Mayor Gillmor opened the Public Hearing.

Director of Public Works Mobeck provided a verbal report regarding the adoption of a Resolution Approving the Levy of Benefit Assessment Upon Maintenance District No. 183 - Santa Clara Convention Center Complex.

Council questions followed.

City Manager Grogan addressed Council questions.

There were no public comments.

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

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -
A motion was made by Councilmember Watanabe, seconded by Councilmember Chahal, to approve Alternative 1: adoption of a Resolution 24-9332 approving the levy of benefit assessment upon the Santa Clara Convention Center Complex - Maintenance District No. 183, and approving, confirming, and adopting the Director’s Report for FY 2024/25.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, Vice Mayor Becker, and Mayor Gillmor 6 -
Excused: Councilmember Hardy1 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes

9. 24-1602 Public Hearing: Action on a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Parking Maintenance District No. 122 - Franklin Square
Recommendation:

Alternative 1: Adopt a Resolution approving the levy of benefit assessment upon the City of Santa Clara Parking Maintenance District No. 122 and approving, confirming, and adopting the Director’s Report for FY 2024/25.

Mayor Gillmor recused from this item due to owning property at the Franklin Square Mall. Mayor Gillmor left the dais at 11:28 PM and will not be returning to the meeting.

Vice Mayor Becker presided over this item and the remainder of the meeting Vice Mayor Becker opened the Public Hearing.

A motion was made by Councilmember Jain, seconded by Councilmember Chahal, to close the Public Hearing.

Aye: Councilmember Watanabe, Councilmember Chahal, Councilmember Park, Councilmember Jain, and Vice Mayor Becker
5 -
Excused: Councilmember Hardy1 -
Recused: Mayor Gillmor1 -
Director of Public Works Mobeck provided a verbal report on a Resolution Approving the Levy of Benefit Assessment upon the City of Santa Clara Parking Maintenance District No. 122 - Franklin Square
Council questions followed.

Director of Public Works Mobeck addressed Council questions.

There were no public comments.

Council deliberation continued.

Director of Public Works Mobeck, City Manager Grogan
and City
Attorney Googins addressed Council questions.

A motion was made by Councilmember Jain, seconded by Vice Mayor Becker, to reject the levy of benefit assessment upon the City of Santa Clara parking maintenance district No. 122 - Franklin Square and approving, confirming and adopting the Director's Report.

Aye: Councilmember Chahal, Councilmember Park, Councilmember Jain, and Vice Mayor Becker
4 -

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
Nay: Councilmember Watanabe1 -
Excused: Councilmember Hardy1 -
Recused: Mayor Gillmor1 -
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030

REQUESTS
Councilmember Chahal noted that he attended the Sister Cities International All Americas Summit in San Antonio and highlights the various discussion topics.

Councilmember Park reported on his attendance at Safety Patrol Recognitions and Santa Clara Sister Cities Association are sending six students to Japan.

Vice Mayor Becker reported on his attendance at the Stevens Creek Corridor Committee, the next meeting will be in September and encouraged residents to provide input on the Stevens Creek Visions. Vice Mayor Becker also noted the Annual Spring Clean-up Campaign and encouraged residents to up-cycling. He observed that there were changes and expressed gratitude for City staff for the Clean-up.

CITY MANAGER/EXECUTIVE DIRECTOR REPORT
None.

ADJOURNMENT
A motion was made by Council/Boardmember Chahal, seconded by Council/Boardmember Jain, to adjourn the meeting at 12:28 AM.

Aye: Council/Boardmember Watanabe, Council/Boardmember Chahal, Council/Boardmember Park, Council/Boardmember Jain, and Vice Mayor/Chair Becker
5 -
Excused: 1 - Council /Boardmember Hardy

Absent: 1 - Mayor/Chair Gillmor
The next regular scheduled meeting is on Tuesday, June 25, 2024 in the City Hall Council Chambers.

06/04/2024Joint City Council and Authorities Concurrent & Stadium Authority Board Meeting
Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting.

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

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

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

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

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

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

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

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

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

MEETING DISCLOSURES
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-17 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Planning Commission - August 21, 2024
Historical and Landmarks Commission - May 2, 2024
Board of Library Trustees - August 5, 2024
Board of Library Trustees - August 19, 2024
City of Santa Clara Printed on 9/20/2024Page 1 of 1
powered by Legistar™
City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
08/21/2024
Commissioner Biagini will be participating remotely from the following location:
1215 Daisy Court
Holly Ridge, NC 28445
The City of Santa Clara is conducting Planning Commission meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).
•
Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment
The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

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

Agendas, Staff Reports and associated documents for Planning Commission items may be viewed on the City's website at https://santaclara.legistar.com/Calendar.aspx 6:00 PM REGULAR MEETING

08/21/2024Planning Commission Meeting Minutes
Call to Order
Chair Saleme called the meeting to order at 6:02 pm
Pledge of Allegiance and Statement of Values
Secretary Crutchlow read the Statement of Values.

Roll Call
Yashraj Bhatnagar, Priya Cherukuru, Commissioner Mario Bouza, Commissioner Lance Saleme, and Commissioner Eric
Crutchlow
Present 5 -
Commissioner Nancy A. Biagini, and Commissioner Qian HuangAbsent 2 - A motion was made by Commissioner Bouza, seconded by
Commissioner Cherukuru to excuse Commissioners Biagini and Huang's absence.

Aye:

Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner
Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 -

DECLARATION OF COMMISSION PROCEDURES
Secretary Crutchlow read the Declaration of Procedures.

CONTINUANCES/EXCEPTIONS

1. 24-813 Continuance of an Appeal (PLN24-00356) of the Architectural Review Approval of Single-story Addition at 1485 Bellomy Street Recommendation:

Staff recommends that the Planning Commission open the public hearing on this item and then immediately continue the appeal hearing to September 11, 2024.

A motion was made by Commissioner Cherukuru, seconded by Commissioner Bouza to approve staff recommendation.

Aye:

Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner
Saleme, and Commissioner Crutchlow
5 -

Absent: Commissioner Biagini, and Commissioner Huang2 -

CONSENT CALENDAR
A motion was made by Commissioner Cherukuru, seconded by Commissioner Bouza to approve all items on the consent calendar

08/21/2024Planning Commission Meeting Minutes

Aye: V Bhatnagar, Cherukuru, Commissioner Bouza,
Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 -

1.A 24-802 Planning Commission Meeting Minutes of June 12, 2024 Recommendation: Approve the Planning Commission Meeting Minutes of the June 12, 2024 Meeting

1.B 24-812 Planning Commission Meeting Minutes of July 13, 2023 Recommendation: Approve the Planning Commission Meeting Minutes of the July 13, 2023 Meeting

1.C 24-615
Planning Commission 2025 Calendar of Meetings
Recommendation: Approve the Planning Commission 2025 Calendar of Meetings.

PUBLIC PRESENTATIONS
None.

PUBLIC HEARING

08/21/2024Planning Commission Meeting Minutes

5. 24-325 PUBLIC HEARING: Action on Conditional Use Permit (PLN23-00148) for a New Unmanned AT&T Telecommunication Facility with the Installation of a 60-Foot-Tall Monotree at 3111 Benton Street
Recommendation:

1. Determine that the project is categorically exempt from formal environmental review per Section 15303(d), New Construction of Utility Extensions, of the CEQA Guidelines; and

2. Adopt a Resolution to approve a Conditional Use Permit for a new unmanned AT&T wireless telecommunication facility with the installation of a 60-foot-tall monotree at 3111 Benton Street, subject to findings and conditions of approval.

Chair Saleme moved Item 5 to be the first item heard under Public Hearings.

Associate Planner Tiffany Vien provided the staff presentation.

Commissioners inquired on health standards, radio frequency, the proposed location of the monotree, diesel emissions, a collapse impact report and other concerns. Staff
notified the Commission that notices had
been sent to all properties within 500 feet of the project.

Applicant Steve Proo provided a presentation.

Public Speakers:

Lee
Public Speaker
Dennis Demares
Applicant Steve Proo requested a continuance of the item to the September 11, 2024 meeting to allow time to conduct further research and more outreach to surrounding neighbors for input.

A motion was made by Commissioner Bouza, seconded by
Commissioner Crutchlow to continue this item to the September 11, 2024 Planning Commission meeting.

Aye:

Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 -

08/21/2024Planning Commission Meeting Minutes

2. 24-1205 Public Hearing: Action on a Conditional Use Permit (PLN2018-13109), Mitigated Declaration, and Mitigation Monitoring and Reporting Program for the Existing Muslim Community Association (MCA) School Expansion at 3080 Alfred Street and 3003 Scott Boulevard.

Recommendation:

1. Adopt a Resolution to adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Muslim Community Association School Expansion; and

2. Adopt a Resolution approving the Conditional Use Permit to allow an expansion of the Muslim Community Association School at 3003 Scott Boulevard and 3080 Alfred Street, subject to conditions.

Senior Planner Steve Le provided the staff presentation.

Applicant Amin Adil Qazi provided a presentation.

Commissioners inquired upon parking and drop off requirements, seismic requirements and other items. Assistant City Attorney Alexendar Abbe provided clarification on off site parking agreements.

A motion was made by Commissioner Crutchlow, seconded by Commissioner Cherukuru to close public hearing.

Aye:

Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 - A motion was made by Commissioner Cherukuru, seconded by Commissioner Bouza to approve Staff Recommendation 1.

Aye: Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 - A motion was made by Commissioner Cherukuru, seconded by Commssioiner Bouza to approve Staff Recommendation 2

Aye: Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 -

08/21/2024Planning Commission Meeting Minutes

3. 24-744 Public Hearing: Action to Modify an Existing Conditional Use Permit (PLN24-00260) to Allow a Rhythmic Gymnastics Use in an Approved Personal Fitness Facility in the Light Industrial Zoning District at 2342 Walsh Ave.

Recommendation:

1. Determine the project to be categorically exempt from the California Environmental Quality Act (CEQA) formal pursuant to CEQA Guidelines Section 15301(e)(1) (Class 1 - “Existing Facilities”); and

2. Adopt a Resolution to approve a modified Conditional Use Permit to allow rhythmic gymnastics in addition to an existing personal fitness facility at 2342 Walsh Avenue, subject to findings and conditions of approval.

Meeting went into Recess at 7:48 pm and reconvened at 7:56 pm.

Associate Planner Daniel Sobczak provided the staff presentation.

Applicant provided information on the project.

Applicant Olga Kofman spoke and thanked the Commission for approving the project.

A motion was made by Commissioner Crutchlow, seconded by Commissioner Bhatnagar to close public hearing.

Aye:

Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner
Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 - A motion was made by Commissioner Crutchlow, seconded by Commissioner Saleme to
approve Staff Recommendation 1

Aye:

Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner
Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 - A motion was made by Commissioner Crutchlow, seconded by Chair Saleme to approve Staff Recommendation 2.

Aye: Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 -

08/21/2024Planning Commission Meeting Minutes

4. 24-747 Public Hearing: Action on a Variance (PLN24-00217) to Expand into the Front Setback by 6’-6” to Create Additional Living Space for a Residence Located at 1296 Chapel Drive
Recommendation:

1. Adopt a Resolution to deny a Variance to expand into the front setback by 6’-6” to create additional living space for a residence located at 1296 Chapel Drive
Associate Planner Daniel Sobczak provided the staff presentation.

Applicant Rohit George John provide a presentation.

Commissioners reviewed all aspects of the lot and possible alternatives to the proposed variance and found there were special circumstances to approve the variance.

A motion was made by Commissioner Bhatnagar, seconded by Commissioner Crutchlow to close public hearing.

Aye: Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 - A motion was made by Commissioner Crutchlow, seconded by Commissioner Cherukuru to approve the resolution to approve the variance and to direct staff to bring back the resolution at the next meeting
with the findings discussed to support the approval.

Aye: Bhatnagar, Cherukuru, Commissioner Saleme, and Commissioner Crutchlow
4 -
Nay: Commissioner Bouza1 -
Excused: Commissioner Biagini, and Commissioner Huang2 - A motion was made by Commissioner Crutchlow, seconded by Commissioner Cherukuru to determne the project is categoricaalyy exempt form CEQA 15301 Class 1 for Existing Facilities.

Aye: Bhatnagar, Cherukuru, Commissioner Saleme, and Commissioner Crutchlow
4 -
Nay: Commissioner Bouza1 -
Excused: Commissioner Biagini, and Commissioner Huang2 - REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

08/21/2024Planning Commission Meeting Minutes

1. Announcements/Other Items

2. Commissioner Travel and Training Reports, Requests to attend Trainings Staff Aide II Elizabeth Elliott provided and presented a yearly calendar of upcoming conferences that the Planning Commission typically attends.

A motion was made by Commissioner Cherukuru, seconded by Commissioner Crutchlow to retroactively approve funds be expended for registration fees and up toa total amount of $2290 for Commissioner Huang to attend at the California APA
Conference September 28 - October 1, 2024 in Riverside, CA.

Aye:

Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner
Saleme, and Commissioner Crutchlow
5 -

Absent: Commissioner Biagini, and Commissioner Huang2 - Retroactive Vote to Expend Funds for Commissioner Huang to Attend APA Calfiornia Conference in Riverside, CA, September 28- October 1, 2024.

DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided updates.

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

3. City Council Actions
ADJOURNMENT:

Chair Saleme adjourned the meeting at 9:07 pm.

Aye: Bhatnagar, Cherukuru, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Biagini, and Commissioner Huang2 -

08/21/2024Planning Commission Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

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

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

08/21/2024Planning Commission Meeting Minutes
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

City of Santa Clara
Meeting Minutes
Historical & Landmarks Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
05/02/2024
The City of Santa Clara is conducting the Historical and Landmarks Commission meeting in a hybrid manner (in-person and methods for the public to participate remotely) • Via Zoom:
o https://santaclaraca.zoom.us/j/97233262035 or
o Phone: 1 (669) 900-6833
Webinar ID: 972 3326 2035
Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting.

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

PUBLIC PARTICIPATION IN ZOOM WEBINAR:

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

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

05/02/2024Historical & Landmarks Commission Meeting Minutes Commissioner Michael Celso , Commissioner Patricia Leung, Vice Chair Kathleen Romano, Commissioner Ed Stocks, and Chair Ana Vargas-Smith
Present 5 -
Commissioner Amy Kirby, and Commissioner Yvonne InciarteAbsent 2 - A motion was made by Commissioner Leung, seconded by
Commissioner Romano to excuse Commissioner Kirby and
Commissioner Inciarte.

Aye: Commissioner Celso, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith
5 -
Excused: Commissioner Kirby, and Commissioner Inciarte2 -

CONSENT CALENDAR

1. 24-454 Historical and Landmarks Commission Meeting Minutes of April 4, 2024 Recommendation: Approve the Historical and Landmarks Commission Meeting Minutes of the April 4, 2024 Meeting.

A motion was made by Commissioner Leung, seconded by
Commissioner Stocks to approve Staff Recommendation.

Aye: Commissioner Celso, Commissioner Leung, Commissioner Stocks, and Chair Vargas-Smith
4 -
Excused: Commissioner Kirby, and Commissioner Inciarte2 - Abstained: Vice Chair Romano1 -

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

05/02/2024Historical & Landmarks Commission Meeting Minutes

2. 24-370 PUBLIC HEARING: Consideration of a Significant Property Alteration Permit (PLN24-00062) for a 266 Square-Foot Addition to a Historic Resource Inventory Property at 1176 Lincoln Street
Recommendation:

Staff recommends that the Historical and Landmarks Commission recommend
approval of the Significant Property Alteration (SPA) Permit to the Director of Community Development for the proposed addition to the historic resource, subject to conditions of approval.

Associate Planner Tiffany Vien presented the item and answered questions from the Commissioners.

Public Speakers:

Homeowner Anthony Carnesecca
Architect Ramin Zahoor
A motion was made by Commissioner Stocks, seconded by
Commissioner Leung to close public hearing.

Aye: Commissioner Celso, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith
5 -
Excused: Commissioner Kirby, and Commissioner Inciarte2 - A motion was made by Commissioner Stocks, seconded by
Commissioner Leung to approve staff recommendation and also a recommendation to salvage the window removed for future use.

Aye: Commissioner Celso, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith
5 -
Excused: Commissioner Kirby, and Commissioner Inciarte2 -

4. 24-373
HLC Workplan Fiscal Year 2024/2025
Recommendation: There is no staff recommendation.

A motion was made by Commissioner Romano, seconded by
Commissioner Celso to close public hearing.

Aye: Commissioner Celso, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith
5 -
Excused: Commissioner Kirby, and Commissioner Inciarte2 -

05/02/2024Historical & Landmarks Commission Meeting Minutes A motion was made by Commissioner Romano, seconded by
Commissioner Celso to have a workplan on the Agenda every month for discussion and preparing a draft to present to the Council.

Aye: Commissioner Celso, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith
5 -

Absent: Commissioner Kirby, and Commissioner Inciarte2 -

3. 24-385
Update on 2024 Mills Act Audit
Associate Planner Tiffany Vien presented the item and answered questions by the Commissioners.

STAFF REPORT

1. Berryessa Adobe Maintenance

2. May 28, 2024 Council Meeting - Special Order of Business May Preservation Month Staff provided updates.

3. Budget Update
Staff provided updates.

TRAVEL AND TRAINING REQUESTS

1. Update on California Preservation Foundation Annual Conference, May 29 - June 1, 2024 No updates.

COMMISSIONERS REPORT
Subcommittee Reporting - 20 minutes
Commissioners provided updates on various items, meetings, and groups that they are involved with.

05/02/2024Historical & Landmarks Commission Meeting Minutes Board/Committee Lead/Alternate Santa Clara Arts and Historic Consortium Vargas-Smith / Romano Historic Preservation Society of Santa Clara Vargas-Smith / Leung Old Quad Residents Association Leung Development Review Hearing Romano /Vargas-Smith BART/ High Speed Rail/ VTA BRT Committee Vargas-Smith/ Leung El Camino Real Specific Plan Community Advisory Committee Leung Downtown Precise Plan Vargas-Smith/Stocks Santa Clara Station Area Task Force Leung/Stocks Park Court Neighborhood
Banner Program - update from Chair Vargas-Smith
Commissioners reported on assignments.

ADJOURNMENT
The meeting adjourned at 8:10 p.m.

Motion to adjourn was made by Commissioner Leung, seconded by Commissioner Stocks.

Aye: Commissioner Celso, Commissioner Leung, Vice Chair Romano, Commissioner Stocks, and Chair Vargas-Smith
5 -
Excused: Commissioner Kirby, and Commissioner Inciarte2 - The next regular scheduled meeting is June 6, 2024

MEETING DISCLOSURES

05/02/2024Historical & Landmarks Commission Meeting Minutes The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

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

City of Santa Clara
Meeting Minutes
Board of Library Trustees
Board
Approved
6:00 PM Hybrid Meeting, Edinger Room
Central Park Library,
2635 Homestead Rd, Santa Clara, CA 95051
08/05/2024
The City of Santa Clara is conducting the Board of Library Trustees meeting in a hybrid manner (in- person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca-gov.zoom.us/j/85864257230
Meeting ID: 858 6425 7230 or
o Phone: 1(669) 900-6833
PUBLIC PARTICIPATION IN ZOOM WEBINAR: Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak. - Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute. - If you no longer wish to stay in the meeting once your item has been heard, please exit the meeting.

08/05/2024Board of Library Trustees Meeting Minutes

CALL TO ORDER AND ROLL CALL
Patty Wong, City Librarian and ex-officio member of the Board called the meeting to order at 6:05 PM.

A motion was made by Trustee Tryforos, seconded by Trustee Huynh, to appoint Trustee Ricossa as Chair Pro Tem due to the absence of Chair Evans and the vacancy in the office of Vice-Chair.

A motion was made by Trustee Huynh, seconded by Trustee Mohammed, to approve the excused absence of Chair Evans due to being out of town.

Trustee Huynh, Trustee Mohammed, Trustee Ricossa, and Trustee TryforosAye: 4 -

Aye: 4 - Trustee Huynh, Trustee Mohammed, Trustee Ricossa, and Trustee Tryforos Excused: 1 - Chair Evans

CONSENT CALENDAR
1 24-698 Action on the Board of Library Trustees Meeting Minutes of June 3, 2024 Recommendation: Approve the Board of Library Trustees Meeting Minutes of June 3, 2024 A motion was made by Trustee Tryforos, seconded by Trustee Huynh to approve Staff Recommendation.

Aye: Trustee Huynh, Trustee Mohammed, Trustee Ricossa, and Trustee Tryforos4 - Excused: Chair Evans1 -

08/05/2024Board of Library Trustees Meeting Minutes

PUBLIC PRESENTATIONS
JoAnn Davis, Executive Director of the Santa Clara City Library Foundation , welcomed the new members of the Board of Library Trustees, Trustee Huynh and Trustee Mohammed. She was joined by Nancy Toledo, Vice President of the Santa Clara City Library Foundation , and by Sue Rose, President of the Friends of Santa Clara City Library. The Board was updated on upcoming book sales, including the popular bag sale on Saturday, August 17 from 10:00 AM to 4:00 PM at Central Park Library. Prices will be $5 for a standard paper grocery bag full of books. The Foundation and Friends support to supply donated books for the Santa Clara Fire Department's little free libraries was shared. The Board was reminded of the Northside Branch Library's 10th Birthday Party Celebration on Saturday, August 10 from 10:30 AM to 2:00 PM, with festivities for the whole community.

GENERAL BUSINESS
24-699 Introduce New Board of Library Trustees
Recommendation: Staff makes no recommendation.
24-700
With the Board of Library Trustees on recess during the month of July, the August 5, 2024 regular board meeting was the first opportunity to formally introduce the two incoming members of the Board of Library Trustees, Trustee Huynh and Trustee Mohammed. All attending Trustees welcomed the new members of the Board and shared brief introductions and their backgrounds.

Action on Selection of Board of Library Trustees Chair and Vice Chair for FY 2024/25
Recommendation: Nominate candidates for the position of Chair and Vice-Chair for FY 2024/25, elections to be held at the September 16, 2024, regular board meeting.

The Board called for nominations of candidates for the position of Chair and Vice-Chair for Fiscal Year (FY) 2024/25, with elections to be held at the September 16, 2024 regular board meeting. Trustee Tryforos nominated Chair Evans for the position of Chair, and nominated Trustee Ricossa for the position of Vice-Chair. Nominations were closed, and a formal vote scheduled for September 16, 2024.

Approved Staff Recommendation

08/05/2024Board of Library Trustees Meeting Minutes
2 24-709 Action to Approve and Adopt Proposed Updates to Board of Library Trustees Bylaws
Recommendation: Approve and Adopt the Proposed Updates to Board of Library Trustees Bylaws Deputy City Attorney Haro reviewed with the Board the proposed changes to the Board of Library Trustees Bylaws. The changes had previously been introduced and reviewed by the Board in the June regular meeting.

A motion was made by Trustee Mohammed, seconded by Trustee Huynh to approve Staff Recommendation.

Aye: Trustee Huynh, Trustee Mohammed, Trustee Ricossa, and Trustee Tryforos
4 -
Excused: Chair Evans1 -
24-710 Discussion and Possible Action on Santa Clara City Library Draft Strategic Plan Recommendation: Review and discuss project updates on the Santa Clara City Library Draft Strategic Plan.

City Librarian Wong reviewed with the Board the work in progress on the Library Strategic Plan. Updates on the revised goals and objectives with sample activities were shared. The Board agreed to plan a special meeting of the Board on August 19, 2024 from 5:30 PM to 7:30 PM for focused review and discussion of revisions to the Library Strategic Plan.

08/05/2024Board of Library Trustees Meeting Minutes

STAFF REPORT

TRUSTEES REPORT
City Librarian Wong informed the Board of the proposed city general obligation bond planned to be on the ballot at the November election. She provided information on the potential impact for the Library, with examples of possible high priority uses and description of relevant parameters of use.

Discussion on community engagement efforts by the Board were discussed, with interest from Trustee Ricossa in attending the Parks and Recreation Commission meetings, Trustee Tryforos in attending Youth Advisory Commission meetings, and Chair Evans having previously expressed interest in attending Cultural Commission meetings on behalf of the Board of Library Trustees.

The Board was updated on recent community concern for the health of an unhoused community member staying in front of the Library, and efforts to assist the individual with information regarding available community resources.

Discussion included the recent Supreme Court decision regarding the unhoused, current practices in Santa Clara, and updates on the return of the Park Patrol and its positive impacts.

Updates were provided on initial efforts in support of the Library Facilities Master Plan, with consultants planning community engagement efforts at the upcoming Art and Wine Festival, Library Comic Con, and possible engagement with the Board at an upcoming regular meeting.

City Librarian Wong also informed the Board that the Library was engaged in reviewing its policies and procedures in coordination with the City Attorney's Office
.

The new members of the Board of Library Trustees were provided information by continuing Trustees about how the Trustees Report part of the regular board meeting is often used. Discussion touched on bicycle repair as a service, as well as possible agenda items for upcoming discussion. The September regular meeting agenda items are planned to include a draft of the 2025 Board of Library Trustees Meeting Calendar, to include meetings being hosted at all three Library locations. Trustee Tryforos mentioned that the Board has appreciated when staff provide presentations to update and inform the Board on their programs and services, if more could be planned in the future.

08/05/2024Board of Library Trustees Meeting Minutes

ADJOURNMENT
The meeting was adjourned at 8:00 PM.

A motion was made by Trustee Tryforos, seconded by Trustee Mohammed to adjourn the meeting until the August 19, 2024 special meeting.

Aye: Trustee Huynh, Trustee Mohammed, Trustee Ricossa, and Trustee Tryforos
4 -
Excused: Chair Evans1 -
The Board of Library Trustees Meeting is adjourned to September 16, 2024, at 6:00 PM.

MEETING DISCLOSURES

08/05/2024Board of Library Trustees Meeting Minutes
The time limit within which to commence any lawsuit or legal challenge to any quasi- adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

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

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

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

MEETING DISCLOSURES
City of Santa Clara
Meeting Minutes
Board of Library Trustees
Board
Approved
5:30 PM Hybrid Meeting, Edinger Room
Central Park Library
2635 Homestead Rd, Santa Clara, CA 95051
08/19/2024
Special Meeting
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the Chair calls for a Special Meeting of the Board of Library Trustees to commence and convene on August 19, 2024 at 5:30 PM for a Special Meeting held in person/hybrid to consider the following matter(s) and to potentially take action with respect to them.

The City
of Santa Clara is conducting the Board of Library Trustees meeting in a hybrid manner (in- person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca-gov.zoom.us/j/85864257230
Meeting ID: 858 6425 7230 or
o Phone: 1(669) 900-6833

DRAFT
08/19/2024Board of Library Trustees Meeting Minutes
PUBLIC PARTICIPATION IN ZOOM WEBINAR: Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting. - If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak. - Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute. - If you no longer wish to stay in the meeting once your item has been heard, please exit the meeting.

CALL TO ORDER AND ROLL CALL
Chair Evans called the meeting to order at 5:54 PM.

CONSENT CALENDAR

PUBLIC PRESENTATIONS

GENERAL BUSINESS
24-807 Review and Approve the Santa Clara City Library Draft Strategic Plan Recommendation: Review and Approve the Santa Clara City Library Draft Strategic Plan.

City Librarian Wong reviewed with the Board updates to the content of the Library Strategic Plan. The Board reviewed the Mission and Vision statements, Goals, Objectives, and examples of Activities to be undertaken to achieve the Goals and Objectives. The Board held discussion and provided suggestions and insights. City Librarian Wong informed the Board that the Library will continue to engage staff in refining the plan, and will provide an update at the next regular meeting of the Board of Library Trustees on September 16, 2024.

DRAFT
08/19/2024Board of Library Trustees Meeting Minutes

STAFF REPORT
City Librarian Wong informed the Board that Acting Assistant City Manager Michelle Templeton will be departing Santa Clara for a new position as Assistant City Manager in Santa Cruz, and that Assistant City Attorney Elizabeth Klotz has been asked to assume her role. When the decision is finalized as to which member of the City Manager's Office team the Library will report to, the Board will be updated.

Discussion was held on the Facilities Master Plan project, with an update that the consultants will be attending the Santa Clara Art & Wine Festival on September 14-15, 2024. The consultants will have boards to display, to communicate to and collect data from the public at this event. The boards were reviewed with the Board and feedback was shared. There was a call for volunteers for the Art & Wine Festival, as well as for Comic Con, scheduled for October 12, 2024 at Central Park Library.

City Librarian Wong thanked Trustee Huynh for attending the 10th Anniversary celebration for Northside Branch Library, and shared an update on the strong attendance at the event.

TRUSTEES REPORT

ADJOURNMENT
Trustee Huynh shared that he spoke to a Library customer at National Night Out. The customer sought technology assistance at the Tech Center at Central Park Library. They mentioned that staff seemed overworked assisting so many Library customers, and that the Library used to partner with Santa Clara High School to have teens volunteer to help community members with their technology questions. This feedback was shared with staff, who received the suggestion and discussed service and capacity needs.

The meeting was adjourned at 7:33 PM.

A motion was made by Trustee Ricossa, seconded by Trustee Mohammed to adjourn the meeting.

Aye: Chair Evans, Trustee Huynh, Trustee Mohammed, Trustee Ricossa, and Trustee Tryforos
5 -
The Board of Library Trustees Special Meeting is adjourned to September 16, 2024 at 6:00 PM, to be held at Central Park Library.

DRAFT
08/19/2024Board of Library Trustees Meeting Minutes

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

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

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

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

DRAFT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-645 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Action on the Santa Clara Convention Center FY 2023/24 4th Quarter Financial Status Report

COUNCIL PILLARS
Promote and Enhance Economic, Housing and Transportation Development Enhance Community Engagement and Transparency
Promote Sustainability and Environmental Protection

BACKGROUND
On February 5, 2019, the City of Santa Clara approved an agreement with Global Spectrum L.P. dba Spectra Venue Management (Spectra) to operate the Santa Clara Convention Center (SCCC).

Spectra began management of the SCCC on March 18, 2019. In November 2021, Spectra merged with Oak View Group (OVG) but continues to operate under the same legal entity.

Staff is transmitting OVG’s SCCC status report to City Council for compliance with agreement terms.

DISCUSSION
This Report to Council transmits OVG’s SCCC Financial Status Report for the 4th quarter ending June 30, 2024 (attached). This report is unaudited and, therefore, subject to change.

As OVG’s 4
th quarter report indicates, there were 77 events hosted at the SCCC, 19 more than the budgeted 58 events. There were 27 events in April, 29 events in May and 21 events in June.

The fourth quarter followed its historical pattern of being the strongest financial quarter of the fiscal year. April was the most lucrative month of the quarter followed by May and then June. Based on event needs, OVG staffing levels varied from 37-38 employees throughout the quarter.

Financial Summary
Quarter Ended June 30, 2024 Quarter Ended June 30, 2023 Budget Actual Overage
(Underage)
Budget Actual Overage
(Underage)
Gross
Revenue
$4,919,974 $5,911,139 $991,165 $3,886,710 $6,614,989 $2,728,279 Total
Expense
$4,196,348 $4,961,329 $764,981 $3,706,492 $5,421,421 $1,714,929 Net
Income
$723,626 $949,810 $226,184 $180,218 $1,193,568 $1,013,350 th
City of Santa Clara Printed on 9/20/2024Page 1 of 3
powered by Legistar™
24-645 Agenda Date: 9/24/2024
For the 4th quarter ending June 30, 2024, OVG reported a net operating gain of $949,810, compared to a net operating gain of $1,193,568 for the 4th quarter of FY 2022/23.

Total revenues for FY 2023/24 4th quarter were $5,911,139, or $991,165 more than the budgeted revenues of $4,919,974. Total expenses for FY 2023/24 4th quarter were $4,961,329 or $764,981 more than the budgeted amount of $4,196,348. Additionally, OVG recognized $379,935 of other revenues in the 4th quarter primarily from cancellation fees and interest income.

FY 2023/24 experienced a reduction of thirty-three event days. The decrease in the number of events led to a decline in overall attendance. Financially, the actual gross revenue for FY 2023/24 was lower than revenue posted in FY 2022/23. Expenses in FY 2023/24 were lower than FY 2022/23. Net income for the quarter was $949,810, compared to $1,193,568 in the previous year.

As of June 30, 2024, OVG, reported a year-to-date net operating income of $2,512,321, which consists of $19,204,756 in revenues and $16,692,435 in expenses.

Financial Summary -Year to Date June 2024
Budget Actual Budgeted Overage
(Underage)
Gross Revenue $15,663,770 $19,204,756 $3,540,986
Total Expense $15,191,750 $16,692,435 $1,500,685
Net Income $472,020 $2,512,321 $2,040,301

ENVIRONMENTAL REVIEW
There is no discretionary action being considered under this Report to Council; therefore, there is no “project” within the meaning of the California Environmental Quality Act (“CEQA”) and no further environmental review is required pursuant to section 15060 (c) of Title 14 of the California Code of Regulations.

FISCAL IMPACT
The net operating gain incurred by the Convention Center for the 4th quarter FY 2023/24 is $949,810.

This amount does not include any fiscal impact related to TOT, TID, and/or sales tax activity. Any funds generated from operations are allocated and programmed in the Convention Center Enterprise Fund for operations and capital improvement projects as part of the annual budget process.

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
Note and file the Santa Clara Convention Center Financial Status Report for the 4th Quarter ending June 30, 2024, as submitted by OVG.

City of Santa Clara Printed on 9/20/2024Page 2 of 3
powered by Legistar™
24-645 Agenda Date: 9/24/2024
Reviewed by: Kenn Lee, Director of Finance
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. SCCC Activity Report for 4th Quarter FY 2023/24
City of Santa Clara Printed on 9/20/2024Page 3 of 3
powered by Legistar™

FY 2023/24 QUARTERLY REPORT – 4th Quarter Ended June 30, 2024 July 25, 2024
l\'G 360

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 1 of 16

Table of Contents

4th Quarter Highlights ............................................................................................. 2 Strategic Highlights ............................................................................................. 2 Financial Highlights ............................................................................................. 3 Event Highlights ................................................................................................... 3 Operational Highlights ........................................................................................ 4 Other Noteworthy Highlights .............................................................................. 4 Financial Summary ................................................................................................. 6 Financial Results ................................................................................................. 6 Event Statistics .................................................................................................... 8 Event Revenue ..................................................................................................... 8 Partners ................................................................................................................ 8 Indirect Expenses ................................................................................................ 9 Previous Fiscal Year Comparison .................................................................... 10 Other Activities ...................................................................................................... 11 Key Performance Indicators (KPIs) ..................................................................... 12 Forecast ................................................................................................................. 13 FY 2023/24 Capital Improvement Projects (CIP) ................................................. 13 Community Involvement ....................................................................................... 15

Santa Clara Convention Center is strategically located in the heart of Silicon Valley, a prime location for conventions, trade shows and exhibitions. The Santa Clara Convention Center is minutes from hotels, restaurants, Levi’s Stadium, California’s Great America Theme Park, and many of the largest and most influential technology companies in the world, with easy access to freeways and Norman Y. Mineta San Jose International Airport and only 45 miles south of San Francisco. The Convention Center features 100,000 square feet of exhibit space, a 22,400 square foot ballroom, 31 breakout rooms and a 607-seat theater and attracts over 350,000 visitors annually. The facility is an integral economic component of Santa Clara, generating economic benefits through attendee direct and indirect spending and sustaining over 500 local jobs.

For more information, visit www.santaclaraconventioncenter.com.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 2 of 16

4th Quarter Highlights

This quarterly report covers fiscal operations of the Santa Clara Convention Center for the fourth quarter ended June 30, 2024. This report is unaudited and, therefore, subject to change.

61,990
Total Attendance

77 Total Events

$5,911,139
Total Revenue

Strategic Highlights

Oak View Group (OVG) maintains active involvement with the Silicon Valley/Santa Clara DMO, Inc., also known as Discover Santa Clara®, and the Santa Clara Tourism Improvement District (SCTID). Serving on the Nominating Committee, the OVG General Manager (GM) participated in an interview to replace the Director of Sales who resigned in May. Additionally, as a Board Member/Officer of the DMO, the OVG GM contributed to various organizational activities, including financial preparations and training for the transition of payroll duties to a new employee of the DMO’s accounting firm.

Throughout the quarter, OVG remained highly engaged in diverse activities, such as partner meetings, contract evaluations, union adjustments, and capital projects.

Vendors selected through a competitive proposal process submitted two new reports for capital projects in the quarter: an assessment of the Convention Center roof, and the second, an assessment of the electrical systems at the Center. The reports, now final, are being shared with the City of Santa Clara to discuss strategies on upgrades in these areas to align with upcoming events in 2026, including Super Bowl LX and the FIFA World Cup.

Collective efforts with partners, including Levy (Food & Beverage), Encore (Audio Visual), and Smart City (IT), focused on exploring event opportunities and refining operational processes to address the ongoing challenges of outside F&B at Center events. Working collaboratively with the DMO, OVG produced rental proposals that assisted in the booking of three P2’s within the quarter. OVG, in coordination with its partners, continued to implement the booking policy while actively pursuing new business ventures to attract significant events to the facility. The dedicated sales efforts of the Center team led to the booking of 46 events during the quarter, 14 of which were identified as new business. OVG continued to monitor event load and potential revenue throughout the quarter. All employees were brought back in accordance with California’s Rehiring and Retention Law. ffl
fflit
mitt+ 0

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 3 of 16

Financial Highlights

After a better than anticipated first, second and third quarter, the SCCC saw business continue to trend upward in the final quarter of the fiscal year. Gross revenue, April through June, was $5,911,139 representing 120.15% of the overall budget for revenue. Conversely, expenses totaled $4,961,329, 118.23% of the budgeted expenses for the quarter, resulting in an overall profit of $949,810 for Q4.

Event Highlights

Seventy-seven events took place during the quarter, 19 more than the budgeted number of 58. There were 14 potential events lost in the fourth quarter: two in April, three in May, and nine in June. Only one was canceled and the remaining 13 chose not to move forward with their proposals and are not holding future dates.

In April, over 600 attendees gathered for Cadence CDN Live 2024. Attendees had the opportunity to attend visionary keynotes and innovative peer-to-peer user presentations. May brought the Bill Wilson Center’s (BWC) Golden Anniversary Fundraising Dinner. BWC provides services to more than 5,000 children, youth, young adults and families in Santa Clara County through our various programs.

Capping the quarter, the SCCC held De Anza College’s 57 th Annual
commencement. Over 4,000 friends and family were on hand to watch 1,500 students graduate as part of the Class of 2024.

De Anza College Graduation
June 2024
Bill Wilson Center – Golden Anniversary May 2024 Cadence CDN Live April 2024

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 4 of 16

Operational Highlights

 As mentioned above, a total of 77 events occurred in the fourth quarter, with 27 in April, 29 in May, and 21 in June.
 Throughout the quarter, the GM closely monitored event load and staffing levels at the Center, adapting to fluctuations caused by staff turnover. OVG hired a full- time Event Manager, Event Coordinator, and Sales Coordinator. Additionally, two part-time Security Officers and a Staff Accountant were added. Staffing levels fluctuated between 37 and 38 employees during the quarter.  Collaboration between OVG and the Hyatt continued to grow. In addition to the weekly Operations meetings, OVG and the Hyatt produced a new Event Questionnaire to provide vital information of Hyatt events taking place in the Grand Ballroom. This questionnaire has already streamlined operations and communication.
 Released an RFP and received four proposals or preferred Audio-Visual Services at the SCCC. OVG GM oversaw the selection committee made up of the facility Directors. Presentations took place and a Best and Final Offer was issued. A final decision of the recommended vendor will be made in Q1 of FY 2024/25.
 Received one response to the RFP for the SCCC’s new booking system. The proposal was rejected due to it being out of the budgeted price range. The RFP was re-released, but no vendors submitted. OVG is now conducting interviews with potential companies and will issue a memo to the City with its recommendation in Q1 of the next fiscal year.
 Gathered information from multiple convention centers and third-party power suppliers for electrical pricing. Updated SCCC’s electrical pricing to be more competitive within the region and the convention center market. New pricing will be activated in the first quarter. New SCCC Electrical agreements were issued to the Center’s power providers in June.

Other Noteworthy Highlights

 OVG hosted 21 site tours for potential future events at the Convention Center.  OVG, Levy and the DMO generated 131 new active prospects in the quarter.  Hosted the NFL for a site tour of the facility in preparation for Super Bowl 60. In addition, OVG created preliminary pricing for the Bay Area Host Committee for use of the SCCC during both the Super Bowl and the FIFA World Cup.  Drafted and submitted a Memorandum of Understanding to the Hyatt for the use of the Mission City Ballroom from the middle of December 2024 to the middle of January 2025 while the Grand Ballroom Airwall project is completed.  OVG GM attended a meeting with the DMO and other City leaders as part of Discover Santa Clara’s® Marketing Omnichannel project.
 Wrote, presented, and submitted year end Performance Evaluations for all full- time employees at the SCCC.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 5 of 16

 Continued our partnership with the Triton Museum and updated the artwork for the Convention Center in the quarter.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 6 of 16

Financial Summary

Financial Results
In FY 2023/24, the fourth quarter mirrored its historical pattern of being the strongest financial quarter of the fiscal year. April was the most lucrative month of the quarter, showing a profit of over $517,000. May was strong as well, with a profit of over $321,000 which was led by rental, food and beverage and AV revenues being higher than anticipated. June, led by higher rental income, better than expected IT revenues and reconciling prior year adjustments showed a profit of over $110,000, in spite of being budgeted for an overall loss. Consequently, OVG and its partners achieved gross revenue of $5,911,139 during the quarter, surpassing the budgeted amount by $991,165. The net income for Q4 amounted to $949,810, in contrast to the anticipated profit of $723,626, thereby exceeding the budgeted income by $226,184.

Financial Summary – 4
th Quarter Ended June 30, 2024
Projected in
Budget
Actual Difference
Gross Revenue $ 4,919,974 $ 5,911,139 $ 991,165 Total Expense 4,196,348 4,961,329 (764,981) Net Income $ 723,626 $ 949,810 $ 226,184

Total expenses for the quarter were $4,961,329 or $764,981 more than the budgeted amount of $4,196,348. There was $379,935 of other revenue recognized in Q4 primarily from cancelation fees and interest income.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 7 of 16

Income Statement

SANTA CLARA CONVENTION CENTER

QUARTERLY GROSS INCOME STATEMENT
For the Twelve Months Ending June 30, 2024
QUARTER 4 YEAR TO DATE

BUDGET ACTUAL VARIANCE BUDGET ACTUAL VARIANCE
Number of Events 58 77 19 220 242 22 Number of Event Days 142 157 15 543 553 10 Attendance 62,892 61,990 (902) 246,196 318,697 72,501

Event Revenue
Rental 999,836 1,118,708 118,872 3,881,511 3,922,594 41,083 Services 60,686 133,975 73,289 175,801 440,474 264,673 IT/Telecom 329,409 526,100 196,691 1,120,579 1,395,551 274,972 Food & Beverage 2,468,318 2,505,658 37,340 7,996,075 8,105,876 109,801 Electrical 562,517 383,656 (178,861) 871,211 1,339,674 468,463 Audio Visual 454,703 863,107 408,404 1,454,823 3,339,211 1,884,388 Total Event Revenue 4,875,469 5,531,204 655,735 15,500,000 18,543,380 3,043,380

Event Expenses
Services - 10,937 (10,937) - 85,538 (85,538) IT/Telecom 243,762 357,748 (113,986) 829,228 948,975 (119,747) Food & Beverage 1,994,673 1,950,040 44,633 6,864,689 6,583,152 281,537 Electrical 393,762 285,597 108,165 609,848 993,768 (383,920) Audio Visual 304,652 598,962 (294,310) 974,732 2,452,566 (1,477,834) Total Event Expenses 2,936,849 3,203,284 (266,435) 9,278,497 11,063,999 (1,785,502)

Net Event Income (Loss) 1,938,620 2,327,920 389,300 6,221,503 7,479,381 1,257,878

Other Revenue 44,505 379,935 335,430 163,770 661,376 497,606

Total Net Event & Other Revenue 1,983,125 2,707,855 724,730 6,385,273 8,140,757 1,755,484

Indirect Expenses
Executive 115,997 175,384 (59,387) 437,636 412,728 24,908 Finance 122,866 136,329 (13,463) 466,447 413,706 52,741 Event Services 141,482 127,970 13,512 547,041 404,499 142,542 Sales/Marketing 123,498 143,395 (19,897) 463,116 405,424 57,692 Operations 745,508 833,158 (87,650) 2,854,867 2,958,274 (103,407) Overhead 10,148 341,809 (331,661) 1,144,146 1,033,805 110,341 Total Indirect Expenses 1,259,499 1,758,045 (498,546) 5,913,253 5,628,436 284,817

Net Operating Income 723,626 949,810 226,184 472,020 2,512,321 2,040,301

Net Income 723,626 949,810 226,184 472,020 2,512,321 2,040,301

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 8 of 16

Event Statistics

There were 77 events scheduled in Q4 with $5,531,204 in revenue and $3,203,284 in expenses. ‘Conventions’ and ‘Meetings’ generated the largest amount of revenue in the quarter.

Event Revenue

Event Net Revenue – 4th Quarter Ended June 30, 2024
Event Types Gross Revenue Cost of Sales Net Revenue
Banquets $350,717 $248,790 $101,927
Meetings 1,415,597 921,276 494,321
Consumer Shows 48,452 8,843 39,609
Trade Shows 980,394 587,157 393,237
Conventions 2,048,453 1,224,785 823,668
Special Events 398,990 160,907 238,083
Miscellaneous Events - - -
Sporting Events 288,601 51,526 237,075
Totals $5,531,204 $3,203,284 $2,327,920

This quarter, there was a profit of $2,327,920. Revenues generated were higher than anticipated due to increased Rental, IT and AV activity. Event expenses were also slightly over budget due to the increase in event revenue for the quarter.

Partners
Partner Revenue – 4
th Quarter Ended June 30, 2024
Partner Gross
Revenue
Cost of
Sales
Net
Revenue
Levy Restaurants $2,505,658 $1,950,040 $555,618
Smart City (IT services) 526,100 357,748 168,352
ENCORE-AV (AV services) 863,107 598,962 264,145
Electrical 383,656 285,597 98,059
Totals $4,278,521 $3,192,347 $1,086,174

Partner revenue for Q4 was $4,278,521. The cost of sales was $3,192,347 for a net profit of $1,086,174.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 9 of 16

Indirect Expenses

Total indirect expenses were $1,758,045 for the quarter.

Departments Expense Description Indirect Cost
Executive Senior personnel $175,384
Marketing Sales and marketing related 143,395
Finance Finance and Human Resources 136,329
Events Staffing to manage events 127,970
Operations
Engineering, building services, security, and
all other related expenses to operate the
building
833,158
Overhead Non-departmental expenses 341,809
Transition Costs Costs related to the transition to OVG - Totals $1,758,045

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 10 of 16

Previous Fiscal Year Comparison

Compared to the same quarter of the previous fiscal year, the number of actual events in FY 2023/24 was seven fewer than in FY 2022/23. However, FY 2023/24 experienced a reduction of thirty-three event days. This decrease in the number of events led to a decline in overall attendance. Financially, the actual gross revenue for FY 2023/24 was significantly higher than budgeted, though it was less than the revenue posted in FY 2022/23. Expenses in FY 2023/24 also exceeded the budget but were lower than those in FY 2022/23. Net income for the quarter was $949,810, compared to $1,193,568 in the previous year.

Overall, the Center hosted the same number of events (242) in both FY 2023/24 and FY 2022/23. The total number of event days increased by 14 in FY 2023/24, with an attendance increase of 24,504. Financially, the gross revenue budget for FY 2023/24 was over $2 million higher than FY 2022/23. Even with this increase, OVG exceeded the budget by $3,540,986, achieving a gross revenue of $19,204,756 for the year.

Due to the revenue increase, expenses also rose in FY 2023/24. Net income for FY 2023/24 surpassed the previous year’s total by $65,001, resulting in a profit of $2,512,321.

Quarter 4 Comparison
Quarter ended June 30, 2024 Quarter ended June 30, 2023

Projected
in Budget
Actual Budgeted
Overage /
(Underage)
Projected
in Budget
Actual Budgeted
Overage /
(Underage)
Number of Events 58 77 19 104 84 (20)
Number of Event Days 142 157 15 193 190 (3)
Attendance 62,892 61,990 (902) 113,665 85,569 (27,096)

Gross Revenue $4,919,974 $5,911,139 $991,165 $3,886,710 $6,614,989 $2,728,279 Total Expense $4,196,348 $4,961,329 ($764,981) $3,706,492 $5,421,421 ($1,714,929) Net Income $723,626 $949,810 $226,184 $180,218 $1,193,568 $1,013,350

YTD Comparison
YTD ended June 30, 2024 YTD ended June 30, 2023

Projected in
Budget
Actual Budgeted
Overage /
(Underage)
Projected in
Budget
Actual Budgeted
Overage /
(Underage)
Number of Events 220 242 22 374 242 (132)
Number of Event Days 543 553 10 739 539 (200)
Attendance 246,196 318,697 72,501 248,505 294,193 45,688

Gross Revenue $15,663,770 $19,204,756 $3,540,986 $13,603,635 $16,791,629 $3,187,994 Total Expense $15,191,750 $16,692,435 ($1,500,685) $13,821,350 $14,344,309 ($522,959) Net Income $472,020 $2,512,321 $2,040,301 ($217,715) $2,447,320 $2,665,035

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 11 of 16

Other Activities

 Attended meeting with OVG Corporate as part of the presenting team to the City, in response to an RFP issued for Naming Rights and Sponsorship for the Santa Clara Convention Center.
 OVG GM, Director of Sales, Director of Finance and Sales Manager attended Milpitas High School – Academy of Travel and Tourism presentation day as judges.
 OVG GM attended a meeting with the City, Levy and Levy United Kingdom (UK) to discuss how Santa Clara conducts business. Levy UK was in Santa Clara in preparation for the opening of a new venue in the UK at the end of August.  Started negotiations with the International Union of Operating Engineers – Local 39 on a new Collective Bargaining Agreement for the Santa Clara Convention Center.
 Started negotiations with the International Brotherhood of Teamsters – Local 2785 on a new Collective Bargaining Agreement for the Santa Clara Convention Center.
 OVG GM started conversations with Levy GM to discuss challenges with outside F&B during Sports Events. Leaders are considering buyouts and other potential solutions.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 12 of 16

Key Performance Indicators (KPIs)

Gross revenue was $5,911,139 and net income was $949,810 for Q4. Through the fourth quarter, the event mix shows the Convention Center hosted twenty-one of its targeted P3’s, thirty-eight of its P4 goal and 182 of its P5 mark.

+City Council approved a budget amendment in April 2024 which changed the net income target from $104,170 to $472,022.

• Priority 1 (P1) event – Large multi-day convention and/or conference that utilizes all venue space at the Convention Center, utilizes significant venue services such as food and beverage, audio-visual and information technology, and draws a substantial number of out-of-town visitors that stay in multiple Santa Clara hotels. Based on projected combined building spend and peak hotel room nights booked, has an 18+ month booking window.
• Priority 2 (P2) event – Primarily large multi-day convention and/or conference that utilizes most of the venue space at the Convention Center, utilizes venue services such as food and beverage, audio-visual and information technology, and draws out of town visitors that stay in multiple Santa Clara hotels. Based on projected combined building spend and peak hotel room nights booked, has a 12 – 18 month booking window.
• Priority 3 (P3) event – Multiple or single day event that utilizes space at the Convention Center. Attendance and out of town visitors are less than for a P1 or P2. Examples of P3 events may include trade shows, consumer shows, smaller conventions/conferences, and sporting events. Based on projected combined building spend and peak hotel room nights booked, has a 9 – 12 month booking window. • Priority 4 (P4) event – Typically a one- or two-day event that utilizes space at the Convention Center.

Attendees are primarily local. Special events (e.g., graduations), smaller meetings and/or smaller trade and consumer shows are examples of P4 events. Based on projected combined building spend and peak hotel room nights booked, has a 6 – 9 month booking window.
• Priority 5 (P5) event – Usually a single day event. Examples of P5 events are banquets, galas, other social type events and meetings. Based on projected combined building spend and peak hotel room nights booked, has a 0 – 6 month booking window.

Performance Measures
2023/24
Target YTD NOTES
$15,663,770 $19,204,756

2. Net Income+ $104,170 $2,512,321
26,591 30,913

4. Economic Impact $24,444,969 $48,159,224
85% 90.83%
Reported at year-end; The City
terminated its contract with the 3rd-
party consultant in May 2024. This
percentage reflects surveys
collected for events thru May 13,
2024

0.5% 0.41%
1 1

1.0% 0.00%
2 0

15.0% 8.68%
33 21

19.5% 15.70%
43 38

64.0% 75.21%
141 182
Total Events 220 242

7. Community Benefit
2 2
60% 64% Reported at year-end
20% 44% Reported at year-end
220 186 Average for the year of P3, P4, P5
OVG Venue Management – Santa Clara Convention Center

8. Number of Prospects (active) (non-cumulative)
Percent of Center employees that volunteer in the community Percent of small, local and M/WBE businesses/vendors
Number of collaborative, community-based events hosted at the Center Percent of P5 Events
Number of P5 Events

6. Event Mix at the Convention Center (consumed)
Percent of P1 Events
Number of P1 Events
Percent of P4 Events
Number of P4 Events
Percent of P3 Events
Number of P3 Events
Percent of P2 Events
Number of P2 Events

5. Customer Service Survey Results (overall satisfaction)

3. Number of Room Nights Consumed

1. Convention Center Gross Revenue

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 13 of 16

Forecast

Financials for FY 2023/24 are complete. The forecast for FY 2024/25 will be issued in the first quarter report.

FY 2023/24 Capital Improvement Projects (CIP)

CIP Project Updates

 OVG hosted an oral presentation with the finalist of its public RFP for the Grand Ballroom Air Wall replacement project. Following the presentation, OVG generated a memo to the City recommending the finalist for the job. Awarding of this Capital Project is expected to take place early in Q1 of the next fiscal year following approved funding by the City.
 Following a public RFP process, OVG selected a vendor to complete an assessment of the Convention Center roof that is over 25-years old. The assessment is being completed to determine repairs or replacement that need to be completed prior to FY 2025/26.
 Held multiple meetings with the Signage and Electrical Contractor vendors overseeing the Digital Signage project to discuss scope gaps and challenges with the electrical requirements.
 Reviewed and approved the final report submitted by vendor on the Convention Center’s Electrical Assessment project. Shared the information with the City and created a prioritized list of projects.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 14 of 16

CIP Project Budget

Proj. # Project Name Phas e CITY/OVG 360

REV ISED BUDGET
L EV Y TOTAL BUDGET Actu al Exp. Balance
003 Convention Center HVAC - BMS System Completed FY 2019/20 $ 20,450 $ - $ 20,450 $ 20,450 $ - 004 Convention Center HVAC Portable A/C Units Compl eted FY 2020/21 $ 75,350 $ - $ 75,350 $ 75,350 $ - 005 Convention Center Security System Compl eted FY 2021/22 $ 172,831 $ - $ 172,831 $ 172,831 $ - 006 Convention Center Lobby Roof (Glass
Pyramids) Assessment and R epair
Completed FY 2021/22 $ 479,300 $ - $ 479,300 $ 479,300 $ - 008 Convention Center Interior Digital Signage
and Display System
Implementation $ 1,160,386 $ - $ 1,160,386 $ 831,485 $ 328,901 009 Convention Center Interior Paint Compl eted FY 2021/22 $ 648,052 $ - $ 648,052 $ 648,052 $ - 012 Convention Center Riding Vacuum Purchase Compl eted FY 2019/20 $ 31,238 $ - $ 31,238 $ 31,238 $ - 013 Convention Center Carpet Replacement Compl eted FY 2021/22 $ 1,509,869 $ 241,856 $ 1,751,725 $ 1,751,725 $ - 014 Balance - Contingency (Electrical Completed FY 2023/24 $ 143,556 $ - $ 143,556 $ 87,830 $ 55,726 015 Kitchen/Tech Café/Stand B Impl ementation $ - $ 1,756,088 $ 1,756,088 $ 678,894 $ 1,077,194 016 R oof Assessment Impl ementation $ 90,000 $ - $ 90,000 $ - $ 90,000 017 R estroom R efresh Planni ng $ 200,000 $ 200,000 $ 31,927 $ 168,073 TOTAL $ 4,531,032 $ 1,997,944 $ 6,528,976 $ 4,809,082 $ 1,719,894

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 15 of 16

Community Involvement

In April, the OVG GM, Director of Sales,
Director of Finance and Sales Manager
attended the Milpitas High School
Academy of Travel and Tourism event
where students, interested in the
hospitality industry present their projects
for judging. This is the 4
th year that the
SCCC team has attended this event.

In May, a group of six OVG employees volunteered
for the Cinco De Mayo event to benefit the Opening
Doors organization.

On June 7th, the Center hosted its second June Bloom which attracted 415 attendees. Fifteen local organizations participated, including vendors and non-profits, highlighting local wares and community resources. The event was filled with fun activities for kids, including bounce houses, a balloon animal artist, a face painter, arts & crafts, and an interactive story time for the young audience, presented by the Santa Clara Library. Over 300 attendees participated in a new activity offered this year, the creation of personalized flower bouquets which lead by a former florist and a parent of one of OVG’s staff. Attendees also enjoyed complimentary churros, popcorn, cupcakes, juices, and build-your-own ice cream sundaes.

Santa Clara Convention Center FY 2023/24 4th Quarter Report Page 16 of 16

Santa Clara Convention Center
5001 Great America Parkway
Santa Clara, CA 95054
Tel: (408) 748-7000
www.santaclaraconventioncenter.com
General Manager: Kelly Carr
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-824 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Action to Approve an Agreement with the Santa Clara Valley Water District (Valley Water) Relating to Payment of up to $350,000 to the City for Providing Support Services for Valley Water’s Purified Water Project

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

BACKGROUND
The City is a co-owner of the San José-Santa Clara Regional Wastewater Facility (RWF). The RWF processes the City’s wastewater for discharge to the San Francisco Bay. A portion of that wastewater is diverted to the Silicon Valley Advanced Water Purification Center (SVAWPC), and is further treated beyond the RWF’s regular tertiary treatment, so that it can be used as recycled water for non-potable uses or, potentially, as purified water that can ultimately be used as a potable source to offset groundwater and imported water demands for customers, including those in Santa Clara.

The Santa Clara Valley Water District (Valley Water) entered into an agreement with the City of San José in 2010 to share the costs of construction of the SVAWPC. Valley Water has indicated its interest in expanding the supply of treated wastewater to be processed by the SVAWPC (the facility was integrated into the RWF’s treatment processes as part of the 2010 agreement). This potential expansion requires time to be spent by City of Santa Clara staff, specifically Water & Sewer Utilities staff, on water supply planning, as well as design, agreements, and construction of new facilities.

Valley Water has developed a Water Supply Master Plan, with the intent to expand the use of purified water as a source of potable water for the County by treating wastewater at the RWF.

In 2022, the City of Santa Clara executed a letter of intent with the City of San José and Valley Water to join forces and collaborate on the expansion of recycled and purified water in the County. The agencies will work to develop a full-scale purified water facility while developing a feasibility study, demonstration facility, operational, ground lease and wastewater availability agreements, policy obligations, RO concentrate management responsibilities, public outreach, and educational programs.

Climate change will produce more frequent and severe droughts and limit current water supply. It is imperative to build-up local water supply resiliency as climate change makes the region more vulnerable to severe and long-term droughts. Santa Clara has made the use of recycled water a priority as a way to supplant the use of local potable water supplies. Approximately 23% of Santa Clara’s entire water portfolio is made up of recycled water, which serves over 300 customers across 33 miles of recycled water pipe. Santa Clara has a goal to expand the use of recycled water to 3.5 City of Santa Clara Printed on 9/20/2024Page 1 of 3
powered by Legistar™
24-824 Agenda Date: 9/24/2024
million gallons per day of recycled water by 2025.

DISCUSSION
Valley Water is the lead agency on the purified water project. Water & Sewer Utilities and Public Works staff are lending time and support to the project. Staff has been collaborating with Valley Water on the development of an Agreement regarding how Santa Clara can be reimbursed for staff time devoted to the project. The approved agreement would allow a pathway forward to develop a locally produced droughtproof water supply that will offset the use of limited imported and local potable water. The State has regulatory oversight on the purification of wastewater into drinking water and recently promulgated new regulations related to purified water that will produce safe and sustainable drinking water for the future. City support will include attending meetings, negotiating terms of agreements, providing technical data, regulatory coordination, and ensuring the collective rights of the City are represented. This item seeks approval of the attached Agreement for cost sharing. Water & Sewer Utilities staff that will be involved in the project include: the Director, Assistant Director, Utility Operations Engineer, Senior Civil Engineer, Assistant Civil Engineer, Associate Civil Engineer, Principal Engineer, and Senior Management Analyst. Public Works staff that will be involved include:
the Assistant Director/City Engineer, Principal Engineer, Senior Civil Engineer, Assistant Civil Engineer, Associate Civil Engineer, and Public Works Inspector. Cost for staff time will be reimbursed by Valley Water up to $350,000 during the term of the agreement unless increased through a written amendment to the agreement.

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

FISCAL IMPACT
Staff time devoted to this project is assumed in the Adopted FY24-25 operating budget. Revenues for reimbursements will be added to the fund balance of the Water Utility.

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. 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
Authorize the City Manager to execute the Agreement with the Santa Clara Valley Water District Relating to Valley Water’s Payment for City’s Support Services Related to Purified Water, in substantially the form presented subject to minor revisions approved or required by the City Manager City of Santa Clara Printed on 9/20/2024Page 2 of 3
powered by Legistar™
24-824 Agenda Date: 9/24/2024
or City Attorney
Reviewed by: Gary Welling, Director of Water & Sewer Utilities Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Agreement Between the Santa Clara Valley Water District and the City of Santa Clara Relating to Valley Water’s Payment for City’s Support Services to Valley Water’s Purified Water Project City of Santa Clara Printed on 9/20/2024Page 3 of 3
powered by Legistar™
DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

1 | Page

AGREEMENT BY AND BETWEEN THE

SANTA CLARA VALLEY WATER DISTRICT
AND
THE CITY OF SANTA CLARA RELATING TO VALLEY WATER’S PAYMENT FOR CITY’S SUPPORT SERVICES TO VALLEY WATER’S PURIFIED WATER PROJECT

This Master Agreement (Agreement) is made and entered into as of July 1, 2024 (Effective Date), by and between the City of Santa Clara (City or Santa Clara), a chartered California municipal corporation, and the Santa Clara Valley Water District (Valley Water), an independent special district of the State of California. The City and Valley Water may be referred to individually as a Party, or collectively as Parties, to this Agreement.

RECITALS

A. The City is the co-owner of the San Jose-Santa Clara Regional Wastewater Facility (RWF).

B. On January 31, 2022, the Parties executed a Letter of Intent for Collaborating on the Expansion of Recycled and Purified Water in Santa Clara County (LOI). The LOI recognizes that future water supply will depend on the significant and rapid expansion of recycling treated wastewater from the RWF for non-potable uses including outdoor irrigation and industrial cooling, and the use of advanced purified recycled water for drinking water purposes.

C. On November 17, 2023, the Valley Water Board and Santa Clara City Council confirmed: (1) support for aggressively pursuing a joint water reuse project to meet local water supply needs, including both a demonstration and full-scale potable reuse facilities that is the largest size practicable within funding, environmental, and technical constraints; (2) support for the development of the feasibility study, demonstration facility and institutional arrangements, including lease and wastewater availability agreements, within two years; and (3) support for a coordinated public outreach program to ensure the success of a direct potable reuse project.

D. Valley Water desires to develop a process and facilities to purify treated wastewater for potable reuse, that may include (1) using purified water to replenish groundwater basins, an outcome commonly referred to as Indirect Potable Reuse, and/or (2) delivering the purified water with additional treatment directly to Valley Water's raw water or treated water sources and subsequent delivery to potable water consumers, an outcome commonly referred to as Direct Potable Reuse.

E. The Parties desire to negotiate in good faith to reach agreement on a Purified Water Project, which: (i) utilizes effluent from the RWF; (ii) secures rights on RWF land to construct, operate and maintain an expanded Silicon Valley Advanced Water Purification Center (SVAWPC) or a separate advanced water purification center; and (iii) secures approval to discharge of reverse osmosis concentrate associated with the expanded SVAWPC facilities or separate advanced water purification center into the RWF outfall.

F. The City anticipates it will incur certain staffing and consultant expenses relating to these support services. Valley Water agrees to remit adequate funds to fully reimburse the City for all costs incurred to provide the support services, as described in this Agreement.

G. The City also assisted Valley Water with the pipeline alignment for the Palo Alto DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

2 | Page
Indirect Potable Reuse project and is seeking reimbursement for the staff time spent.

Now, therefore, in consideration of the mutual promises set forth below, the Parties agree as follows:

AGREEMENT

1. Purpose
The purpose of this Agreement is to establish the basis and procedure for reimbursement by Valley Water for the costs and expenses incurred by City in the performance of support services in connection with the Purified Water Project, through the term of this Agreement.

2. Scope of Agreement

A. The Parties have agreed that the City will provide support services generally described in the Scope of Services, attached hereto as Exhibit A and incorporated into the Agreement by this reference (Scope of Services); the Parties furthermore agree that City shall provide such services to the extent necessary in its professional judgment and discretion to complete the tasks described in the Scope of Services, and to satisfy any regulatory, technical or similarly applicable requirements.

B. Nothing in this Agreement commits either Party to the implementation of any project, including without limitation, the RWF provision of wastewater, land or permission to discharge into the RWF outfall.

C. Nothing in this Agreement modifies the terms of any existing Agreement between the City and Valley Water.

3. Agreement Term; Termination

A. Term. The term of this Agreement commences on its Effective Date and expires two years after the Effective Date. The term of this Agreement shall be automatically extended for an additional period of one (1) year, not to exceed four (4) additional years, unless either party provides written notice of termination at least 180 days prior to the immediately preceding one-year renewal period.

B. Termination. Any Party may terminate this Agreement by providing thirty (30) days written notice to the other Party. The City shall send Valley Water a final invoice within sixty (60) days of the effective date of termination of this Agreement.

4. Reimbursement

A. The City shall provide Valley Water, on a quarterly basis, a written invoice for the work performed during the immediately previous three months. The invoice shall set forth the relevant period, the number of hours worked and the applicable hourly rates, a description of the reimbursable expenses incurred and the amount of such expenses, and documents supporting the reimbursable expenses.

B. Within 45 days of receipt of an invoice, Valley Water shall remit payment to City, subject to review and approval of Valley Water. Such approval shall not be unreasonably withheld.

DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

3 | Page

5. Responsibilities of the Parties

A. Valley Water agrees to:

1. Ensure sufficient staff resources and consultant services are devoted to development and pursuit of the Scope of Services.

2. Provide all necessary studies, reports, plans, specifications, maps, and other documents to City in a timely manner, and allow the City at least 2 weeks for detailed review and comments, unless mutually agreed otherwise by the Parties.

3. Schedule meetings with 2 weeks advance notice and cognizant of City availabilities unless mutually agreed to otherwise by the Parties.

4. In collaboration with the City, review and respond to subsequent requests for additional information to complete the Scope of Services.

5. Work collaboratively with City staff and consultants retained by City to ensure timely discussion and review of the Purified Water Project tasks.

B. City agrees to:

1. Ensure sufficient staff resources and consultant services are devoted to City's responsibilities with respect to the Scope of Services, subject to the appropriation of funds by City's Council.

2. Review and provide comments on the Scope of Services and any amendments thereto within a timeframe mutually agreed to by the Parties.

3. Work collaboratively with Valley Water and its consultant, contractors, and agents to ensure timely discussion and review of Purified Water Project tasks associated with planning, design, and construction.

4. Once per quarter, submit invoices documenting costs incurred by the City and any consultants retained by City for review and approval by Valley Water.

6. Records Retention and Audit

A. The City agrees to make available for examination by Valley Water, subject to limitations established by state law, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements invoiced to Valley Water or amounts deducted from the Funding Account. City shall also furnish to Valley Water, its authorized agents, officers or employees such other evidence or information as Valley Water may request with regard to any such expenditure or disbursement charged by City.

B. The City shall maintain full and adequate records to document the actual costs it incurs which are subject to reimbursement of the City's costs pursuant to this Agreement. City shall provide such assistance as may be reasonably requested in the course of such inspection.

DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

4 | Page

7. Notices
Any and all notices required to be given to a Party hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the Parties at the following address or such other address, or via e-mail with a written confirmation of receipt at the address(es) below, as is provided by either Party in writing:

City:

City of Santa Clara
Water and Sewer Utilities
Attention: Gary Welling, Director
1500 Warburton Avenue, Santa Clara, CA 95050
Phone: 408-615-2000
Email address: [email protected]

Valley Water:

Santa Clara Valley Water District
Water Utility Enterprise
Attention: Kirsten Struve, Assistant Officer
5750 Almaden Expressway San Jose, CA 95118
Phone: (408) 630-3138
Email address: [email protected]

8. Severability
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

9. Mutual Indemnification
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but, instead, Valley Water and City agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Party, including its officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this Agreement.

No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this Agreement.

10. Governing Law and Compliance with Laws

The Parties agree that California law governs this Agreement. In the performance of this Agreement each Party will comply with all applicable laws, ordinances, codes and regulations of the DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

5 | Page
federal, state, and applicable local government.

11. Disputes

The Parties agree that they will work together in good faith to achieve the intent of this Agreement. In the event that a dispute arises as to the proper interpretation of the respective obligations and responsibilities of the Parties as described herein, or as to any other aspect of this Agreement, Valley Water and the City agree that they each will assign the appropriate individuals to meet and make good faith efforts to negotiate in order to arrive at a resolution of the dispute. If any legal action or other proceeding is commenced to enforce or interpret any provision of, or otherwise relating to, this Agreement, each Party shall bear the entirety of its own costs and expenses including but not limited to attorneys’ fees.

12. Venue

In the event that suit is brought by any Party to this Agreement, the Parties agree that venue will be exclusively vested in the state courts of the County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.

13. Assignability

Parties will not assign this Agreement or any portion thereof to a third party without the prior written consent of the other Party.

14. Ownership of Materials

All reports, documents, technical data, findings, or other materials (collectively, the “Work Product”) developed by City as part of this Agreement shall be the property of the City. Valley Water shall have right to the Work Product for Valley Water business, including, without limitation, further development of its water supply infrastructure.

This section shall not apply to any Work Product or documents or communications covered by attorney-client privilege.

15. Entire Agreement

This Agreement constitutes the entire agreement between the City and Valley Water with respect to the subject matter hereof and supersedes all prior offers and negotiations, oral and written. This Agreement may not be amended or modified in any respect except by an instrument in writing signed by authorized representatives of the Parties.

16. Counterparts and Electronic Signatures

This Agreement may be executed in any number of counterparts, each of which, when executed and delivered, will be deemed to be an original, and all of which, taken together, will be deemed to be one and the same instrument. Unless otherwise prohibited by law or policy of a Party, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature.

The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the City.

DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

6 | Page

17. Nonwaiver

A Party's waiver of any term, condition, or covenant, or breach of any term, condition or covenant will not be construed as a waiver of any other term, condition or covenant.

18. Third Parties

This Agreement is entered into only for the benefit of the Parties executing this Agreement and not for the benefit of any other individual, entity, or person.

19. Debt Limitation

The City and Valley Water are both subject to laws or policies which limit their ability to incur debt in future years. Nothing in this Agreement shall constitute an obligation of future legislative bodies of the City or Valley Water to appropriate funds for purposes of this Agreement.

20. No Partnership or Agency
Nothing in this Agreement is intended to constitute a partnership between the Parties, or authorize either party to act as agent for the other, or authorize a party to act in the name or on behalf of or otherwise to bind the other in any way.

21. Exhibits
The following listed Exhibits are incorporated herein by this reference as though set forth in full:

Exhibit A - Scope of Services
Exhibit B - Schedule of P erformance
Exhibit C - Compensation
DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

7 | Page

INWITNESS WHEREOF, the City and Valley Water have executed this Agreement on the Effective Date as defined in the introductory paragraph of this Agreement.

CITY OF SANTA CLARA
Approved as to Form:

Dated:_________________________

_______________________________
GLEN R. GOOGINS
City Attorney
City of Santa Clara

CITY OF SANTA CLARA

Dated:___________________________

_______________________________
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771

APPROVED AS TO FORM FOR

SANTA CLARA VALLEY WATER
DISTRICT:

By_______________________________
BRIAN C. HOPPER
Sr. Assistant District Counsel

Date_____________________________

SANTA CLARA VALLEY WATER

DISTRICT

By_______________________________
RICK L. CALLENDER, ESQ
Chief Executive Officer

Date_____________________________

I
DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

8 | Page

EXHIBIT A

SCOPE OF SERVI CES

A. Background: The Purified Water Project

The Purified Water Project (Project) is part of Valley Water's strategy to respond to the multi-year drought and is consistent with Board direction to expand the County's recycled water supply. Valley Water’s 2040 Water Supply Master Plan (WSMP) recommends developing at least 24,000 AFY of potable water reuse (above the current target of 33,000 AFY of non- potable reuse). Valley Water has developed a Countywide Water Reuse Master Plan (CoRe Plan) that has evaluated potable reuse expansion throughout Santa Clara County, including identifying options for achieving the WSMP’s water reuse target.

The Project may include an expansion of the SVAWPC or a separate advanced water purification center to purify wastewater for potable reuse. The Project is anticipated to be designed in two phases: Phase I will include demonstration facilities and a visitors’ center, and Phase II will include a full-scale advanced water purification facilities and conveyance infrastructure for a potable reuse. Valley Water and the Cities of San Jose and Santa Clara, as co-owners of the RWF, must resolve several key issues before possible expansion of the SVAWPC could proceed:

1. An expanded land lease of RWF lands;

2. Quantity, quality, and diversion point of source water (tertiary treated wastewater);

3. Private Activity impacts or limitations on indirect and direct potable reuse;

4. No negative impacts to the RWF ratepayers;

5. Management and disposal of reverse osmosis (RO) concentrate; and

6. Revised legal agreements (integration agreement, O&M, power, signage) associated with purified water production on RWF lands.

B. General Provisions

The Parties acknowledge the complexity of the project and the need for ongoing coordination of efforts; the Parties further agree to work in good faith to resolve the issues enumerated above and complete the tasks described below.

Valley Water agrees to provide adequate funding to reimburse the City for approved costs incurred in connection with the implementation of the project.

City agrees to use Valley Water funds only for direct project costs.

C. Description of Tasks

Task 1 – Attendance of Meetings
City will attend meetings with Valley Water, local, federal and state regulatory staff, to identify, discuss, and resolve issues, to establish priorities, and to review progress as needed. This includes development of a schedule for the execution of the needed agreements for Valley Water’s planning purposes. These meetings will be used to further refine the principal terms to be included in various agreements that will establish DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

9 | Page
commitments for the above-listed key issues and legal aspects of a water purification facility.

Task 2 – Demonstration Facility and Visitors Center
City will review legal memoranda developed by Valley Water and/or its consultants in support of the development and implementation of a Demonstration Facility / Visitors Center. These activities will provide the legal foundation for agreements supporting the construction of these facilities, including but not limited to the following:

1. Facilities and land lease on RWF lands,

2. Specifications for diversion point of source water (tertiary treated wastewater),

3. Management and disposal of reverse osmosis (RO) concentrate;

4. Return point to RWF for RO Concentrate and waste streams;

5. Revised legal agreements (i.e., O&M, power, signage) associated with demonstration facilities / visitor’s center on RWF lands; and

6. Support related to City Council and Valley Water Board approval of these Agreements.

Task 3 – Regulatory Coordination and Resolution of RO Concentrate Management and Disposal

The Cities of San Jose and Santa Clara, Valley Water, and applicable consultants will develop strategies for regulatory compliance with pertinent regulatory agencies, including the Regional Water Quality Control Board (RWQCB) on various permitting items including application of existing permit conditions and agency issues regarding RO concentrate management, National Pollutant Discharge Elimination System (NPDES) permitting, and potable reuse facility permitting.

City’s work under this task may include, but is not limited to:
a) fulfillment of data requests and site access coordination, b) review of studies prepared by Valley Water or its consultants pertaining to RO concentrate management including, but not limited to, assessing the feasibility of using the existing RWF outfall for RO concentrate discharge within the constraints of continued compliance with the City’s NPDES limitations, and c) participation in the evaluation and discussions of regulatory options for addressing RO concentrate management.

This task may require City, at City’s sole discretion, to provide peer review, responding to regulatory agencies, consultant support services, and attendance at meetings, as appropriate, to discuss study outcomes.

Task 4 - Land Lease for Purification Facilities Adjacent to the SVAWPC

City and Valley Water will develop a revised Ground Lease Agreement and/or a new executable lease agreement option for buildable land to accommodate the Project and associated facilities. The lease agreement will include an option for additional facilities for technical demonstration, educational outreach and training activities associated with purified water. In addition to development of the lease, City work under this task may include, but is not limited to: support and coordination regarding remediation of hazardous materials, regulatory permitting support, coordination of site entry, permission to sample, and support of materials registration.

Task 5 – Development of Agreements
DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

10 | Page
City will review legal memoranda developed by Valley Water and/or its consultants in support of Project development and implementation. These activities will provide the legal foundation for agreements supporting purified water facility construction and production, including but not limited to the following:

1. Specifications for diversion point of source water (tertiary treated wastewater),

2. Management and disposal of reverse osmosis (RO) concentrate;

3. Return point to RWF for RO Concentrate and waste streams;

4. Revised legal agreements (i.e., O&M, power, signage) associated with purified water production on RWF lands;

5. Development and review of Project Funding Agreements; and

6. Support related to City Council and Valley Water Board approval of these Agreements.

Task 6 - Quantity and Quality of Tertiary Treated Wastewater for Expanding Advanced Water Purification Capabilities
City and Valley Water have met and discussed the quality of source water for an expanded facility. City and Valley Water will meet to identify and discuss the quantity of source water for an expanded facility, and the period source water will be made available to Valley Water.

Task 7 - Regulatory Coordination
City will work with Valley Water and their consultants, as appropriate, to develop strategies for and attend meetings with pertinent regulatory agencies (RWQCB) to discuss existing permit conditions and agency issues regarding potential impacts of RO concentrate management. This task may require City staff to respond to regulatory agencies, provide supporting information, and participate in the development and review of follow-up studies.

Task 8 – Technical Support and Coordination
City shall provide technical support and coordinate with Valley Water to support the Project development and implementation. City, with necessary consultant services, will review engineering, environmental, regulatory, and technical memoranda and reports developed by Valley Water and/or its consultants in support of Purified Water Project development . This
task includes general project coordination during the design, construction, and post- construction phases and work activities and coordination associated with, but not limited to:

1. Tie-in Connections at RWF for RO concentrate, waste streams, and tertiary effluent pipelines;

2. S ite boundaries and surveys;

3. RWF water quality sampling, as needed;

4. Existing utility identification and connections;

5. Current and historical water quality information;

6. Effluent water samples for additional testing; and

7. As-Built drawings of the RWF.

Task 9 – Evaluate Private Activity Limitations

This task may require contracting with third-party bond counsel, attendance of meetings for strategy development with Valley Water staff, Valley Water preparation of a project description, scope, functionality, and terms of potable reuse, as necessary, for bond counsel to determine impacts and viability, preparation of documents by City and Valley Water staff, or consultants, as applicable.

Task 10 – Pipeline Alignment
DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

11 | Page

City will review preliminary pipeline alignments and provide information, as requested by Valley Water staff to assist in development of the pipeline design. Requested information may include but not be limited to as-built drawings, street moratorium information, project drawings, and existing utility information.

City will promptly review applications and promptly issue encroachment permits for exploratory boring investigations along the preferred alignment during the planning phase.

DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

12 | Page

EXHIBIT B

SCHEDULE OF PERFORMANCE

The Parties will mutually agree to the schedule to perform tasks under this Agreement. Parties agree to perform tasks in a reasonable amount of time.

During the first year of this Agreement, the parties shall complete the following tasks:

Demonstration and Visitors Center

1. Approval of Facilities and Land Lease Agreement to support the Demonstration and Visitors Center

2. Specifications for diversion point for source water to support the Demonstration and Visitors Center

3. Specifications for return point for ROC to support the Demonstration and Visitors Center

4. Amendment of current or new agreements to support Demonstration and Visitors Center

Within thirty days prior to the end of each year in the term of this Agreement, the Parties shall meet and confer to develop and finalize a schedule for Tasks to be completed and/or milestones met in the upcoming year. This updated schedule shall be approved in a writing signed by the designated representative of each Party. Such executed schedule shall amend this Exhibit-B and be binding upon the Parties.

DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

13 | Page

EXHIBIT C

COMPENSATION

Not to Exceed Amount: $350,000. Valley Water funding for this Agreement will not exceed $350,000 unless increased through a written amendment to this Agreement signed by both parties.

Hourly Rates: Valley Water will compensate City at the hourly rates in Exhibit C.1 of this Agreement. Notwithstanding anything to the contrary, these hourly rates are valid at the time of execution but may be subject to increase following each new fiscal year.

Reimbursable Expenses: Valley Water will reimburse for expenses subject to the following:

The following expenses are reimbursable to the extent City documents to Valley Water's satisfaction that they were incurred in performing the work required by Exhibit A:
o the cost of City’s Consultant services supporting the Purified Water Program. o the cost of mailing, shipping and/or delivery of documents or products to Valley Water. o the cost of photographing, reproducing and/or copying. o telephone and fax charges.
o the rental of any specialized equipment to the extent Valley Water has preapproved, in writing, the cost of such rental.

Quarterly Report (Enterprise Fund): Every three months, the City shall provide Valley Water a report for the work performed during the immediately previous three months as specified under Section 4(A) of the Agreement.

Quarterly Invoice (General Fund): Every three months, the City shall provide Valley Water with an invoice for the work performed during the immediately previous three months as specified under Section 4(B) of the Agreement.

DocuSign Envelope ID: 6FFE6495-C3A7-4C5F-844A-D66B39897583

14 | Page
EXHIBIT C.1

SCHEDULE OF CHARGES
The following City staff positions are anticipated to be necessary to provide support services under this Agreement. Additional or alternative positions may be necessary throughout the Agreement.

The rates will be subject to change based on City’s salary schedules approved by City Council.

The rates may be subject to change following each new fiscal year beginning July 1 and ending June 30.

Position Job Code Rate (FY25)

Director of Water and Sewer Utilities 102 $282.74/hr.

Assistant Director of Water and Sewer Utilities 014 $229.08/hr.

Utility Operations Engineer 155 $150.15/hr.

Senior Civil Engineer 322 $175.05/hr.

Senior Management Analyst 742 $133.72/hr.

Principal Engineer 142 $201.15/hr.

Associate Civil Engineer 321 $146.16/hr.

Assistant Director of Public Works/City
Engineer
71 $239.64/hr.

Public Works Inspector 680 $122.51/hr.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-511 Agenda Date: 9/24/2024

REPORT TO COUNCIL

SUBJECT
Action on an Agreement with Kimley-Horn and Associates, Inc. for Planning Professional Services and an Agreement with BKF Engineers for Design Professional Services for the De La Cruz Boulevard, Lick Mill Boulevard, and Scott Boulevard Bikeway Improvements Project

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

BACKGROUND
On October 10, 2023, City Council accepted Federal Community Project Funding in the amount of $2.725 million and established a new project for the De La Cruz Boulevard, Lick Mill Boulevard, and Scott Boulevard Bikeway Improvements Project (Project). The Project scope of work includes traffic review, design concept analysis, public outreach, design, and construction of bicycle facilities on the following corridors: 1) De La Cruz Boulevard from Montague Expressway to Trimble Road, 2) Lick Mill Boulevard from Tasman Drive to Montague Expressway, and 3) Scott Boulevard from the Calabazas Creek Trail to Saratoga Avenue (Attachment 1). The goal is to enhance safety, improve mobility, and reduce vehicle emissions by implementing high priority bicycle projects identified in the Santa Clara Bicycle Plan, while connecting local residential communities, schools, libraries, and major employers within Santa Clara. It is important to note that as part of the design concept analysis, vehicle lane and/or parking removals will be studied, and neighborhood outreach will also be conducted as these corridors do not have sufficient roadway space to accommodate new bicycle facilities.

The Project will be completed in two phases. Phase 1 design services include a consultant-led study involving community, City commission(s)/committee(s), and Council input; development of a program plan and schematic design options, and preparation of cost estimates. Phase 2 design services will involve the consultant producing Plans, Specifications, and Engineer’s Estimate, preparing bid documents, obtaining permits, and assisting with bid/pre-construction and construction/post- construction activities.

DISCUSSION
Pursuant to City Code Section 2.105.140(c) and State laws governing procurement of architectural and engineering services, the City followed a qualifications-based selection process. Under this process, proposers are evaluated based on their demonstrated competence and qualifications, and the most qualified proposer(s) is selected, subject to the negotiation of fair and reasonable compensation.

On May 30, 2024, the City published a Statement of Qualifications (SOQ) to solicit proposals from City of Santa Clara Printed on 9/20/2024Page 1 of 4
powered by Legistar™
24-511 Agenda Date: 9/24/2024
qualified firms to provide planning and design professional services. The SOQ was published on the City’s e-procurement platform and was structured to allow for the submission of proposals for two different phases. The phases are as follows:
- Phase 1: Planning Professional Services
- Phase 2: Design Professional Services
In addition to the notifications sent via the City’s e-procurement platform, staff directly notified civil engineering and other consulting firms who had viewed similar projects in the past.

Phase 1: Planning Professional Services
A total of three proposals were received for Phase 1: Planning Professional Services from the following firms:
- BKF Engineers (BKF)
- Hexagon Transportation Consultants, Inc. (Hexagon)
- Kimley-Horn and Associates, Inc. (Kimley-Horn)
The proposals were reviewed and evaluated by a three-member evaluation team composed of staff from the Department of Public Works’ Design and Traffic Engineering divisions. After evaluation, the City conducted a Best and Final Offer (BAFO) with the highest ranked proposer, Kimley-Horn, to memorialize clarifications and provide a final opportunity to revise their cost proposal.

Staff recommends awarding the agreement for Phase 1 to Kimley-Horn. Kimley-Horn demonstrated a strong understanding of the Project and provided an excellent approach to investigating and resolving the issues outlined in the SOQ. Also, Kimley-Horn has extensive transportation planning experience working in the Bay Area and has successfully completed similar projects in the past.

Under the proposed agreement with Kimley-Horn (Attachment 2), the scope of services will include planning professional services, which generally includes extensive public outreach, review of existing conditions, parking and traffic analyses, development of conceptual options, and the preparation of a final report for the Project. The final report will identify options for possible bicycle improvements to expand the existing bicycle network, fill in gaps, provide greater connectivity to public transportation, increase mobility, and encourage the public to adopt more sustainable modes of transportation.

Phase 2: Design Professional Services
The City received one proposal for Design Professional Services from BKF Engineers (BKF). Their proposal was reviewed and evaluated by staff from the Department of Public Works’ Design and Traffic Engineering divisions, who determined that it met the SOQ requirements. The City also conducted a BAFO to memorialize clarifications and provide a final opportunity for BKF to revise their cost proposal.

Staff recommends awarding the agreement for Phase 2 to BKF. BKF demonstrated a strong understanding of the Project and provided an excellent approach to investigating and resolving the issues outlined in the SOQ. Also, BKF has extensive design experience working in the Bay Area and has successfully completed similar projects in the past.

Under the proposed agreement with BKF (Attachment 3) the scope of services will include design City of Santa Clara Printed on 9/20/2024Page 2 of 4
powered by Legistar™
24-511 Agenda Date: 9/24/2024
professional services which generally includes preliminary engineering, design, preparation of construction documents, bid support, engineering services during construction, and project close-out.

Agreement Terms
Both agreements have an initial two-year term, with compensation fixed at not-to-exceed limits. For the agreement with Kimley-Horn, the maximum compensation is not-to-exceed $552,685. For the agreement with BKF, the maximum compensation is not-to-exceed $762,812. If the Project is not completed during the initial term, each agreement includes four additional one-year options to extend the term.

Prevailing wages are included in these agreements.

ENVIRONMENTAL REVIEW
This action is for professional services and the action being considered does not constitute a “Project” within the meaning of the California Environmental Quality Act ("CEQA") Guidelines section 15378 as the action being considered does not commit the City to undertake Project and future discretionary approvals are required by the City to approve Project for construction. Environmental review in accordance with CEQA will occur as part of the design and approval process. As a recipient of federal grant funding, the Project is also required to be reviewed in accordance with the National Environmental Policy Act (NEPA).

FISCAL IMPACT
The proposed Planning Professional Services Agreement with Kimley-Horn is for a total not-to- exceed amount of $552,685. This amount includes $480,596 for basic services and $72,089 for additional services. The proposed Design Professional Services Agreement with BKF is for a total not -to-exceed amount of $762,812. This amount includes $663,315 for basic services and a contingency of $99,497 for additional services.

Funding for these agreements is available in the Streets and Highways Capital Fund in the De La Cruz Boulevard, Lick Mill Boulevard, and Scott Boulevard Bikeway Improvements Project.

COORDINATION
This report has been coordinated with the Finance Department and 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. 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. Authorize the City Manager to negotiate and execute an agreement with Kimley-Horn and Associates, Inc. to provide planning professional services for the De La Cruz Boulevard, Lick Mill Boulevard, and Scott Boulevard Bikeway Improvements project for an initial two-year term with maximum compensation not-to-exceed $552,685, in a final form approved by the City Attorney; City of Santa Clara Printed on 9/20/2024Page 3 of 4
powered by Legistar™
24-511 Agenda Date: 9/24/2024

2. Authorize the City Manager to negotiate and execute an agreement with BKF Engineers to provide design professional services for the De La Cruz Boulevard, Lick Mill Boulevard, and Scott Boulevard Bikeway Improvements project for an initial two-year term with maximum compensation not-to-exceed $762,812, in a final form approved by the City Attorney; and

3. Authorize the City Manager to negotiate and execute amendments to both agreements to make modifications as required and extend the term for up to four additional one-year terms, subject to the compensation limits, and appropriation of funds, in final forms approved by the City Attorney.

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

ATTACHMENTS

1. Bicycle Improvements Project Location Map

2. Draft Agreement with Kimley-Horn and Associates, Inc.

3. Draft Agreement with BKF Engineers
City of Santa Clara Printed on 9/20/2024Page 4 of 4
powered by Legistar™
El Camino Real
Monroe St
Central Expwy
San Tomas Expwy
Martin Av
Walsh Av
Scott Bl
Coleman Av
Benton St
De La Cruz Bl
Lick Mill Bl
Montague Expwy
Kifer Rd
E. Arques Ave
Saratoga Ave
W. Trimble Rd
Tasman Dr
Scott Bl
© OpenStreetMap (and) contributors, CC-BY-SA
De La Cruz, Lick Mill, and
Scott Bikeway Planning Projects
Attachment 1

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 1 Rev. 09-28-18
EBIX Insurance No. *S20000_____

AGREEMENT FOR DESIGN PROFESSIONAL SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
KIMLEY-HORN AND ASSOCIATES, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Kimley-Horn and Associates, Inc., a North Carolina corporation, (Consultant). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. City desires to secure the design professional services more fully described in this Agreement, at Exhibit A1, entitled “Scope of Services”; B. “Design professional” includes licensed architects, licensed landscape architects, registered professional engineers and licensed professional land surveyors; C. Consultant represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
D. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

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

Exhibit A1 – Scope of Services
Exhibit A2 – Project Images
Exhibit A3 – Milestones and Deadlines
Exhibit B1 – Schedule of Fees

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 2 Rev. 09-28-18
Exhibit B2 – Fees by Task
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E - Title VI Assurances
Exhibit F – Notice of Exercise of Option to Extend Agreement Form This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the Initial Term of this Agreement shall begin on September 25, 2024 and terminate on September 30, 2026.

B. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for up to four (4) additional one-year terms through September 30, 2030 (“Option Period”), subject to budget appropriation. See Exhibit F for Notice of Exercise of Option to Extend Agreement Form.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant shall perform those Services specified in Exhibits A1 within the time stated in Exhibit A3. Time is of the essence. Times for performance shall be extended, as mutually agreed, for delays which are caused by reason of any factor outside of its reasonable control, including but not limited to natural disasters, epidemics, pandemics, quarantine restrictions, adverse weather, or acts of the City, third parties, or governmental agencies.

A. All reports, costs estimates, plans and other documentation which may be submitted or furnished by Consultant shall be approved and signed by an appropriate qualified licensed professional in the State of California.

B. The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of certificate and signature of the design professional responsible for their preparation.

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 3 Rev. 09-28-18

4. WARRANTY
Consultant’s services covered by this Agreement shall conform to the specifications, requirements and instructions upon which this Agreement is based. Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Consultant for the cost incurred by City.

5. QUALIFICATIONS OF CONSULTANT - STANDARD OF CARE
Consultant represents and maintains that is qualified in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant’s representations regarding its skills and knowledge. Consultant shall perform such Services and duties in conformance to and consistent with the professional standards firms in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Consultant’s complete performance of Services, City shall pay Consultant for all materials provided and Services rendered by Consultant in accordance with Exhibit B1, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is specified in Section 1 of Exhibit B1, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Consultant’s expense. Consultant shall not be entitled to any payment above the maximum compensation under any circumstance.

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

B. Termination for Default. If Co nsultant fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Consultant.

C. Upon ter
mination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Consultant will deliver to City all City information or material that Consultant has in its possession.

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 4 Rev. 09-28-18
D. The Consultant shall have the right to terminate this agreement upon ten days written notice to the City upon breach by City of its material obligations by the City under this Agreement. In the event of termination, the Consultant shall be paid for all services performed up to the effective date of the termination.

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

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

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

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

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests,

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 5 Rev. 09-28-18
maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Consultant may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Consultant shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Consultant for the purpose of verifying any and all charges made by Consultant in connection with Consultant compensation under this Agreement, including termination of Consultant. Consultant agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Consultant shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Consultant shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Consultant agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Consultant’s Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or willful misconduct of the Consultant, its employees, subcontractors, or agents in the performance, or non-performance, of Services under this Agreement.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Consultant shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 6 Rev. 09-28-18

16. WAIVER
Consultant agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Department of Public Works – Traffic Division 1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]

And to Consultant addressed as follows:

Kimley-Horn and Associates, Inc.

Attn: Adam Dankberg
10 S. Almaden Blvd
Suite 1250
San Jose, CA 95113
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 7 Rev. 09-28-18

19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant 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. Consultant will advise City if a conflict arises.

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

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

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

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

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

Design Professional Agreement with Kimley-Horn and Associates, Inc. Page 8 Rev. 09-28-18

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation

Approved as to Form: Dated:

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

KIMLEY-HORN AND ASSOCIATES, INC.
a North Carolina corporation

Dated:

By (Signature):

Name:

Title:

Principal Place of
Business Address:

Email Address:

Telephone: ( )
Fax: ( )
“CONSULTANT”

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

EXHIBIT A1

SCOPE OF SERVICES
The following Scope of Services defines the services and responsibilities of Consultant and City for professional and engineering services for bicycle facility planning services for Phase 1 of the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvement Project (Project).

The Scope of Services, including Exhibit A1 and Consultant’s proposal response dated June 27, 2024 and BAFO response dated August 2, 2024 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.

1. GENERAL INFORMATION

1.1. Consultant will provide professional and engineering services for bicycle facility planning, and design for Phase 1 of the De La Cruz, Lick Mill, Scott Boulevards Bicycle Improvement Project (Project). Phase 1 of the project generally involves preparation of Traffic Analyses, Design Concepts, and Public Outreach.

1.2. The Scope of Work includes bicycle facility planning and design for the construction of multiple corridors throughout the City in alignment with the City’s Bicycle Master Plan. Based on results of studies performed by the Consultant through the services, bicycle facilities are planned to be implemented through roadway space reallocation (lane width modification), roadway reconfiguration (lane removal), and/or parking removal. The Project corridors include the following three locations (refer to Exhibit A2, Corridor Images):

1.2.1. Project Location 1 includes De La Cruz Boulevard between Montague Expressway and W. Trimble Road

1.2.2. Project Location 2 includes Lick Mill Boulevard between Tasman Drive and Montague Expressway

1.2.3. Project Location 3 includes Scott Boulevard between Arques Avenue (City Border) and Saratoga Avenue

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

1.3. Details for each Project location are in Table A1 below:

Table A1: Project Corridor Table
Project Corridor Study
Roadway From To
Bike
Facility
Type
Road
Reallo-
cation
Lane
Removal
Parking
Removal
Project Location 1
De La Cruz
Blvd
Montague
Expwy
Montague
Park
Class II or

IIB X X X
De La Cruz
Blvd
Montague
Park
W. Trimble
Rd
Class II,
IIB, or IV X X X
Project Location 2
Lick Mill
Blvd Tasman Dr Laird Circle
(S)
Class IIB
or IV X X
Lick Mill
Blvd
Laird Circle
(S)
Montague
Expwy
Class IIB
or IV X X
Project Location 3
Scott Blvd
Arques Ave
(City
Border)
Central
Expwy Class IIB X
Scott Blvd Central
Expwy Martin Ave Class IIB X X
Scott Blvd Martin Ave Monroe St Class II or

IIB X X
Scott Blvd Monroe St Homestead
Rd
Class II or

IIB X X X
Scott Blvd Homestead
Rd
Saratoga
Ave
Class II or

IIB X X X

1.4. Services shall be provided for Phase 1: Planning Phase (Studies)

1.5. City Assumptions
Consultant shall consider the City’s following assumptions when reviewing the Scope of Services and preparing proposal:

1.5.1. The City’s intent for the construction of Project is primarily signing and striping improvements within existing city ROW.

1.5.2. The City does not anticipate significant traffic signal modifications, pedestrian improvements (e.g. curb ramps or bulb-outs), median island

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

modifications, or other intersection upgrades under this Project. If it is necessary to align construction costs with funding availability, striping may transition and change as necessary at intersections.

1.5.3. It is anticipated that the street pavement will require a preparatory slurry seal prior to placement of striping, and significant pavement rehabilitation is not expected for the Project.

1.5.4. Should a Preferred Alternative include Class IV facilities with physical separation, the physical separations should be assumed to be Class 1 flexible delineators and not concrete hardscape.

1.5.5. It is assumed that required design information for roadway geometry under Phase 1 can be obtained by Consultant through record research and site visits; topographical surveying or aerial photogrammetry are not anticipated to be required for the Project.

1.5.6. It is assumed that all three (3) Project Locations identified in Table 1 would be administered under one (1) construction contract.

1.5.7. The Project deadlines must be met to comply with the Federal Earmark funding requirements. See Exhibit A3 for Project deadlines and milestones. The Federal Earmark Funding construction funding obligation deadline (Caltrans E-76 approval) is September 30, 2025.

2. PROJECT TASKS FOR PHASE 1: PLANNING PHASE (STUDIES)

2.1. Phase 1: Task 1: Project Management -
Refer to the table below for tasks
and deliverables for Phase 1: Task 1 Consultant will be responsible for.

Task # Task Description Task Activities
1 Project Management

1.1 Project Kick-Off
Meeting
Upon receipt of a written “Authorization to
Proceed” from the City, Consultant shall hold a
kick-off meeting with City staff to review Project
scope, schedule, and critical path with the City
staff.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities

1.2 Project Management Consultant shall conduct bi-weekly Project meetings. The duration of Phase 1 is assumed
to be six months. Therefore, up to 12 bi-weekly
30-minute meetings are assumed. Two
additional months, and four (4) bi-weekly 30-
minute meetings, are also assumed for
outreach coordination during the Phase 2
design. Consultant will document call notes,
actions items and key decisions in a
SharePoint-based project tracker.

Monthly progress reports and invoices shall be
sent by the Consultant to the City Project
Manager. Invoices shall be divided by Project
location and task. The duration of this Task is
from Notice to Proceed until the completion of
the Phase 1 Planning Study.

Task 1 Deliverables

1.1 Meeting agenda and minutes

1.2 Biweekly meeting minutes and action items, and monthly progress reports, and invoice

2.2. Phase 1: Task 2: Outreach Strategy And Implementation - R efer to the table below for tasks and deliverables for Phase 1: Task 2 Consultant will be responsible for.

Note:

All surveys, events, and meetings shall be publicly noticed by Consultant. All public notices shall be provided in English, Chinese, and Spanish – the three primary languages spoken at home in Santa Clara. Translation shall be provided by Consultant. Translators and sign language interpreters shall be available at events and meetings if requested by City based on public request(s), to be arranged by Consultant. Up to $7,500 of translation and interpretation services are included in this scope of services, which is anticipated to be sufficient for translation of public notices and meeting materials as well as interpretation at limited events upon request. Translation and interpretation cost beyond the allocated amount would require additional budget. All public notices shall be sent three weeks prior to the date of meeting, event, etc.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities
2 Outreach and Strategy Implementation

2.1 Project Promotion Consultant shall:
(a) Create content to be placed on a Project website that will be hosted by the City to promote outreach and education materials, document meetings, announce public events, and provide a forum for the public to submit comments. Consult will create a communications toolkit for meeting notification that will include social media content. City will be responsible for posting and dissemination of content.

(b) Create and monitor a Project phone number and email address for the public to submit voicemail and/or email comments. A Project phone number will ensure members of the public who do not have a smart phone, computer, or
internet access have a method for providing comments.

(c) Create and produce up to ten (10) roadway signs with Project information to be placed along each Project corridor on street pole lights. The signs must be 24-inch x 24-inch printed on corrugated plastic or engineer grade reflective vinyl coated with 1160 graffiti film and applied to 0.080-inch aluminum. Sign material to be determined in consultation with City staff. Signs shall be constructed without sharp edges.

(d) Public-facing project promotion materials will be
translated into Chinese and Spanish.

2.2 Community Surveys Consultant shall create up to one (1) online community survey to obtain additional public input. The survey shall be used in addition to the website, phone number, and
community outreach events and shall align with the
community meetings. Survey will be translated into Spanish and Chinese. The results of community surveys shall be
summarized and analyzed.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities

2.3 Outreach Events Consultant shall conduct outreach of up to three (3) public events and/or pop-up events (i.e. farmer’s market, Earl R.

Carmichael Park, and Art & Wine festival), in order to inform the community about the Project and solicit feedback from the community about the conceptual design alternatives.

Consultant shall take photographs of public interaction during the events. It is assumed that the outreach events will occur in Outreach round 1. One event may be substituted with a City Council Study Session at the City’s discretion.

Note that the City Council Study Session is separate from the City Council Adoption Meeting (Task 2.7).

2.4 Community Meetings (a) Consultant shall conduct one (1) round of separate community meetings for each of the three (3) Project corridor locations (three (3)) total community meetings) to engage the public, solicit feedback, and report back to City staff and council on the community’s priorities. The Consultant shall collaborate with and recommend to City specific outreach techniques to notice the meetings to maximize public
participation and hear the community’s voice.

Implementation of noticing shall be collaborative between Consultant and City based upon Consultant’s recommended techniques and as described herein this Scope of Services.

The community meetings will either be in person, virtual, or hybrid.

(b) Community Meeting #1: Consultant shall present results of traffic and parking analyses, prepared under separate tasks, to obtain public input and identify a preferred
concept/alternative. The public will be asked to select their preferred alternative based on the findings of the analyses.

(c) Consultant shall prepare and provide all of the materials necessary to conduct a public meeting either in person such as poster boards or virtual such as a PowerPoint
presentation, consistent with City-provided branding themes.

(d) Consultant shall assist City staff to advertise each meeting by preparing a writeup to be submitted to the City’s Communications Department for release through the City of Santa Clara website, City Manager blog, and social media channels such as Facebook, Twitter, and Next Door.

(e) Consultant shall develop and provide postcards/mailers

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities
to be distributed to every address within a half-mile of the study corridor to promote participation at each meeting. Up to 14,000 postcards/mailers for all three Project locations should be assumed for the one round of community
meetings. Consultant shall assume up to two (2) rounds of review and revision of the postcards/mailers as part of City’s review prior to distribution. City is assumed to provide the list of addresses for Consultant use.

2.5 Bicycle and
Pedestrian Advisory
Committee (BPAC)
Meetings
(a) Consultant shall meet with the City’s BPAC to gather input and feedback at two (2) BPAC meetings. The BPAC
meetings are anticipated to be hybrid, and Consultant shall assume in-person attendance.

(b) The anticipated purpose of the meetings is described below:
• Meeting #1: Consultant shall present data collection efforts and obtain input on draft concept designs/alternatives. • Meeting #2: Consultant shall present results of traffic and parking analyses and the BPAC shall be asked to select their preferred alternative based on the findings of the analysis, prior to City Council adoption and approval.

(c) Consultant shall prepare and provide a PowerPoint
presentation for each BPAC meeting, consistent with City- provided branding themes. City shall be responsible for preparation of any agenda reports for BPAC meeting, and Consultant shall provide informational support as-needed for agenda reports.

2.6 City Commission
Meetings
(a) Consultant shall meet with the City’s Parks and
Recreation, Youth, and Senior Advisory Commissions to
gather input and feedback. The meetings are anticipated to be in-person, and Consultant shall assume in-person
attendance. Assume one meeting per Commission (three
total meetings).

(b) The purpose of the meeting is to inform each commission about the Projects and present and obtain input on draft concept designs/alternatives. Consultant shall provide
meeting materials including presentations and exhibits, as needed. It is assumed that the presentation will repurpose content shared with the community and BPAC. City shall be responsible for preparation of any agenda-reports for
commission meetings, and Consultant shall provide
informational support as-needed for agenda reports.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities

2.7 City Council Adoption (a) Consultant shall assist City staff with presenting the Project Report at a City Council meeting for adoption.

(b) The presentation to Council is assumed to be performed by City staff, and Consultant shall provide all of the materials necessary for City staff to present at the Council meeting, including a PowerPoint. Consultant shall be expected to attend the Council meeting in-person to support City staff and provide answers to Council questions. The Council
meeting is expected to occur after normal working hours starting at 7 p.m. and ending at an undetermined time.

(c) Consultant shall assist City staff to advertise the meeting by preparing a writeup to be submitted to the City’s
Communications Department for release through City of
Santa Clara website, City Manager blog, and all of the social media channels such as Facebook, Twitter, and Next Door.

2.8 Outreach During
Design
It is Consultant’s recommendation to conduct one round of outreach activities during the development of design in Phase 2. While Phase 1 will develop and share concepts
with the public, it will be beneficial to return to the public with preliminary design concepts. the objective would be to
communicate how previous input during Phase I
has helped to inform the design elements. Activities
similar to Phase I would be performed, including the
development and distribution of public notifications
(postcards for up to 14,000 recipients in Translation), pop up events (2) and up to three community meetings to solicit public input on the project design elements, with Spanish and Chinese interpretation, if needed. Phase 1 materials would be updated, the project hotline and email address would continue to be monitored.

Phase 1: Task 2 Deliverables

2.1 Project website, promotion materials (to be provided each round, deliverable A.1/A.2)

2.2 Online survey results and analysis (to be included in Deliverable C.1)

2.3 Outreach materials and photos. PowerPoint presentation and draft staff report for City Council study session, if directed by City. (Deliverable B.1)

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities

2.4 Meeting agenda, materials, photos, minutes/notes, and action items Draft Working Paper #1: Summary of Community Meeting #1 (Deliverable C.1)
Final Working Paper #1: Summary of Community Meeting #1 (Deliverable C.1)

2.5 BPAC PowerPoint presentations
(Deliverable B.3/B.4
Draft Summary of BPAC Meeting #1
Final Summary of BPAC Meeting #1
Draft Summary of BPAC Meeting #2
Final Summary of BPAC Meeting #2
(all to be included in Project Report Memo, Deliverable J)

2.6 PowerPoint presentations
(Deliverable B.5)
Draft Summary of Commission Meetings (to be included in Project Report memo, Deliverable J)
Final Summary of Commission Meetings (to be included in Project Report memo, Deliverable J)

2.7 PowerPoint presentation, draft staff report (Deliverable B.6)

2.8 Outreach during Phase 2, including promotion materials, outreach materials, event participation, and an outreach summary.

2.3. Phase 1: Task 3: Data Collection - Ref er to the table below for tasks and deliverables for Phase 1: Task 3 Consultant will be responsible for.

Task # Task Description Task Activities
3 Data Collection

3.1 Information Gathering
and Identifying
Existing Conditions
(a) Consultant shall collect from City and
review previous studies and plans completed
within one half mile of the Project corridors.

These shall include traffic impact analysis
reports studying intersections along the
corridor.

(b) Consultant shall conduct a site visit of the
corridor to observe existing operations. Site
visits may include Consultant, City staff, and
selected stakeholders. Observations may
include:
- Left turn vehicle queuing issues
- Bicycle facilities and bicycling experience
- Pedestrian crossings and right turn vehicle
I

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities
interaction
- School access and circulation
- Vehicle speeds

(c) Consultant shall gather background data
that shall include the following:
- City staff shall provide the Consultant with
recently collected vehicle, bicycle, and
pedestrian counts during the following times:
• Weekday: AM (7AM-9AM) and PM (4PM-
6PM)
AM and PM peak hour intersection turning
movement counts will be provided by the city.

Collecting new turning movement counts will
not be required as part of the Project.
- Develop a final list of study intersections in
consultation with City staff. It is assumed that
approximately 45-50 intersections shall be
included in the analysis total for all three (3)
study corridors combined.
- At roadway segments between signalized
intersections along the Project corridors,
Consultant shall use Replica to approximate
Average Daily Traffic counts.
- At a minimum of one location per half-mile
throughout the Project corridor, Consultant
shall use INRIX to obtain 85th percentile
bidirectional vehicle speeds.
- Consultant shall use INRIX to obtain travel
times along the existing corridor and estimate
travel times with the reduction of travel lanes.

Data shall correspond with the same time
periods as the intersection count data
collection.

(d) Collision: City staff shall provide the
Consultant with Crossroads collision data for
study corridors and parallel roadways for the
past six (6) years. Consultant shall create
public facing maps showing locations along
the Project corridor broken down by collision
type (vehicle, bicycle, pedestrian). This
collision data and maps shall be used to
identify locations for bicycling improvements

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities
and support and inform design elements
within the concepts/alternatives.

(e) Parking: For Project corridors with on-
street parking, Consultant shall collect parking
inventory and occupancy data for four days
(Tuesday through Thursday and Saturday) on
both sides of the street where on-street
parking is available during the 7AM-7PM and
11PM-2AM time periods. During these
periods, parking counts shall be collected
every half hour for every block along the
corridor and 500 feet of each cross street.

Consultant shall create public facing maps
showing parking occupancy along the Project
corridor. The maps must be created for two
specific time periods (i.e. Midday and
overnight).

3.2 Identify Re-routed
Traffic Volumes for
Road Diet Locations
Consultant shall use the City’s Traffic Model,
to be provided by City, to determine
intersection traffic volumes under a scenario
with loss of travel lanes (road diet) for
weekday AM and PM peaks. The
methodology must demonstrate how vehicles
may be diverted from the corridor.

Phase 1: Task 3 Deliverables

3.1 Site visit, field notes, and photos (to be included in Deliverable D) Data Collection (Speed, Travel Time, and Parking Occupancy Data) Draft Summary PowerPoint Presentation: Existing Conditions, Collision Data, and Parking Study Results (Deliverable D) Final Summary PowerPoint Presentation: Existing Conditions, Collision Data, and Parking Study Results
Maps of Existing Collison Data (to be included in Deliverable D) Maps of Existing Parking Data (to be included in Deliverable D)

3.2 Road Diet Volume Forecasts – Weekday AM and PM peaks (Deliverable E)

2.4. Phase 1: Task 4: Concepts/Alternatives - Refer to the table below for tasks and deliverables for Phase 1: Task 4 Consultant will be responsible for.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities
4 Concepts/Alternatives

4.1 Project Location 1
(De La Cruz
Boulevard)
Consultant shall:
(a) Develop up to five (5) total Project
concepts/alternatives for the two corridor
segments based on the identified bicycle facility
listed in the Project corridor table, the
recommendations within the City’s Bicycle Plan
Update 2018, and the Existing Conditions
Working Paper. Initial concepts to be provided
by City staff and reviewed/refined by
Consultant.

(b) Prepare graphics such as cross sections,
aerials, or birds eye view of the existing
condition and the concepts/alternatives for
public outreach events and meetings. Graphics
will include concepts based on BPAC input.

City to provide one round review on graphics.

(c) Develop planning level cost estimate ranges
for each proposed concept/alternative.

Consultant will address one round of City
comments on the cost estimate ranges.

Project Location 2
(Lick Mill Boulevard)
Consultant shall:
(a) Develop up to four (4) total Project
concepts/alternatives for the two corridor
segments based on the identified bicycle facility
listed in the Project corridor table, the
recommendations within the City’s Bicycle Plan
Update 2018, and the Existing Conditions
Working Paper. Initial concepts to be provided
by City staff and reviewed/refined by
Consultant.

(b) Prepare graphics such as cross sections,
aerials, or birds eye view of the existing
conditions and the concepts/alternatives for
public outreach events and meetings. Graphics
will include updated concepts based on BPAC
input. City to provide on round of review on
graphics.

(c) Develop planning level cost estimate ranges
for each proposed concept/alternative.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities
Consultant will address on round of City
comments on the cost estimate ranges.

Project Location 3
(Scott Boulevard)
Consultant shall:
(a) Develop up to nine (9) total Project
concepts/alternatives for the five corridor
segments based on the identified bicycle facility
listed in the Project corridor table, the
recommendations within the City’s Bicycle Plan
Update 2018, and the existing Conditions
Working Paper. Initial concepts to be provided
by City staff and reviewed/refined by
Consultant.

(b) Prepare graphics such as cross sections,
aerials, or birds eye view of the existing
conditions and the concepts/alternatives for
public outreach events and meetings. Graphics
will include updated concepts based on BPAC
input. City to provide one round of review on
graphics.

(c) Develop planning level cost estimate ranges
for each proposed concept/alternative.

Consultant will address one round of City
comments on the cost estimate ranges.

Phase 1: Task 4 Deliverables

4.1 Refined Draft Concept/Alternative graphics for each Project Location for BPAC (Deliverable F.1)

Revised Draft Concept/Alternative graphics for each Project Location (Deliverable F.2)

Final Concept/Alternative graphics for each Project Location (Final Deliverable F.2)

Draft planning-level cost estimate ranges (Deliverable F.3) Final planning-level cost estimate ranges (Deliverable F.3)

2.5. Phase 1: Task 5: Corridor Analysis - Refer to the table below for tasks and deliverables for Phase 1: Task 5 Consultant will be responsible for.

Task # Task Description Task Activities
5 Corridor Analysis
I

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

Task # Task Description Task Activities

5.1 Operational Analysis
Road Diet Locations Only:
(a) Consultant shall complete analyses for the
following scenarios: Existing no Project, and
Existing plus Road Diet alternatives.

(b) Traffic operations: Consultant will use Vistro
to complete a traffic operational analysis using
existing signal timings and coordination
patterns. Identify the intersection delays, levels
of service, and 95th percentile queues at the
study locations developed in Task 3.1. Each
scenario must include the two (2) time periods,
Weekday AM, and PM.
- Create public facing maps to identify a level of
service at all locations within the study area.

(c) Travel times: Estimate corridor travel times
using the same software as the traffic
operational analysis. Each scenario must
include the two (2) time periods, Weekday AM,
and PM.

5.2 Other Analyses
(a) Collision: Analyze collision types and
calculate the estimated reduction in collisions
based on real-world examples of roadway
reconfigurations.

(b) Parking: Analyze parking impacts and
calculate new occupancies by assuming parked
vehicles will relocate to adjacent side streets.

Create public facing maps showing parking
occupancy along the Project corridor. The
maps must be created for one specific time
periods (i.e. Midday or overnight, whichever is
worse case per corridor).

Phase 1: Task 5 Deliverables

5.1 Draft Working Paper #7: Operational Analysis Results (Deliverable G) Final Working Paper #7: Operational Analysis Results (Deliverable G) Maps of Levels of Service (to be included in Deliverable G)

5.2 Draft Working Paper #8: Collision Data, and Parking Study Results (Deliverable G)
Final Working Paper #8: Collision Data, and Parking Study Results (Deliverable G)

Maps of Parking Data (Minimum of 2) (to be included in Deliverable G)

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A1-Scope of Services

Rev. 09-28-18

2.6. Phase 1: Task 6: Project Memo Report - Ref er to the table below for tasks and deliverables for Phase 1: Task 6 Consultant will be responsible for.

Task # Task Description Task Activities
6 Project Memo Report

6.1 Draft Project Memo
Report
- Based on completion of prior tasks,
Consultant shall prepare a Project Memo
Report (Report) for City Staff review.

Chapters/Components that will be considered
for inclusion in the Report shall include the
following:
(a) Introduction and Background,
(b) Study Methodology,
(c) Existing Conditions,
(d) Outreach Process and Results,
(e) Concepts/Alternatives,
(f) Analyses, and
(g) Recommendations and Conclusion,
including Identifying the Preferred
Alternative(s).

- Based on staff review, the Consultant shall
update the draft Project Memo Report.

6.2 Final Project Memo
Report
Consultant shall complete the Final Study
Memo Report that addresses comments from
City Staff. Consultant shall submit to the City an
electronic copy of the report in PDF and Word
versions as well as two (2) bound hard copies.

Phase 1: Task 6 Deliverables

6.1 Draft Project Memo Report (Deliverable H)
Update Draft Project Memo Report (Deliverable H)

6.2 Final Project Memo Report (Deliverable H)

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A2-Corridor Images

Rev. 09-28-18

EXHIBIT A2

CORRIDOR IMAGES

Scott

Scott

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit A3-Deadlines and Milestones Page 25
Rev. 09-28-18

EXHIBIT A3

DEADLINES AND MILESTONES

Milestone Date
Phase 1: Planning
BPAC (2) – Draft Concept Designs October 28, 2024
Community Survey/Meeting #1 October 2024
BPAC (3) – Traffic/Parking Analysis and
Preferred Concept Recommendations January 27, 2025
Community Survey/Meeting #2 November 2024
Draft Report December 2024
City Council Study Session January 2025
Final Draft Report January 2025
City Council Preferred Alternatives/Report
Adoption February 2025
Final Report February 2025
Phase 2: Design
Design Phase Kickoff* January 2025
E-76 Deadline September 30, 2025
*The City highly encourages design phase preparatory work (base mapping, standard provision preparation, and etc.) start before this date to meet project deadlines.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Schedule of Fees Page 1 Rev. 09-28-18

EXHIBIT B

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Five Hundred Fifty-Two Thousand Six Hundred Eighty- Five Dollars and Seventy-Nine Cents ($552,685.79), during the term of the Agreement. No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.

1.2. All payments are based upon City’s acceptance of Consultant’s performance of services specified in Exhibit A1, Scope of Services. City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.

1.3. The compensation to be paid by the City is specified below:

Table B1: Total Compensation

Description Total
Task 1: Project Management $24,463.30
Task 2: Outreach Strategy and Implementation $164,389.30 Task 3: Data Collection $38,010.72
Task 4: Concepts/Alternatives $87,946.86
Task 5: Corridor Analysis $45,878.52
Task 6: Project Memo Report $61,125.64
Other Direct Costs (Including subcontractor: Circlepoint) $58,782.00 TOTAL FOR ALL TASKS AND OTHER DIRECT COSTS $480,596.34
Contingency $72,089.45
TOTAL MAXIMUM COMPENSATION NOT-TO-EXCEED $552,685.79

1.4. In the event, there is a need to move allocated hours from one task to a different task the City and Consultant must agree in writing to this change. This will not change the not-to-exceed maximum compensation of this Agreement.

1.5. See Exhibit B2 for task breakdown by cost and hours.

2. FEES

2.1. All hourly rates are fixed for the Term of the Agreement

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Schedule of Fees Page 2 Rev. 09-28-18

2.2. The hourly rates for Consultant’s and Subconsultant’s Personnel are listed below in Table B2:

Table B2
Title Hourly Rate
Kimley-Horn and Associates
Project Manager - Adam
Dankberg $ 350.95
QC/QA Manager - John Pulliam $ 365.75
Senior Professional I $ 263.91
Senior Professional II $ 308.72
Senior Professional III $ 363.96
Professional I $ 212.03
Professional II $ 233.49
Analyst II $ 183.30
Analyst I $ 153.66
Project Support $ 156.46

3. INVOICING REQUIREMENTS

3.1. Consultant shall invoice the City on a monthly basis for the percentage of services completed for each task by Consultant during the preceding month and provide the invoice in a format approved by the City, including but not limited to the information listed under Section 3.3 below.

3.2. City shall pay Consultant within thirty (30) days of City’s receipt of an approved invoice.

3.3. Invoices shall include, at a minimum, the following:

3.3.1. Identify the task services were provided for;

3.3.2. Description of work performed;

3.3.3. Deliverables completed;

3.3.4. Amount for services provided by task with a detailed breakout of all costs incurred and supporting documentation, including direct labor, indirect costs, other direct costs, travel, etc.; and

3.3.5. The not-to-exceed amount for the task, invoiced amount to date, amount for the current invoice, and remaining not-to-exceed amount for the task.

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Fees By Task Page 1 Rev. 09-28-18
EXHIBIT B2

FEES BY TASK

TASK # DESCRIPTION BUDGETED
HOURS
HOURLY

RATE TOTAL
1 Project Management

1.1 Project Kick-Off Meeting $4,804.58

Project Manager: Adam Dankberg 4 $350.95 $1,403.80
Senior Professional II 4 $308.72 $1,234.88
Professional II 4 $233.49 $933.96
Project Support 2 $156.46 $312.92
Circlepoint $919.02

1.2 Project Management $19,658.72

Project Manager: Adam Dankberg 22 $350.95 $7,720.90
QC/QA Manager - John Pulliam 2 $365.75 $731.50
Senior Professional II 6 $308.72 $1,852.32
Professional II 28 $233.49 $6,537.72
Project Support 18 $156.46 $2,816.28
TOTAL FOR TASK 1 90 $24,463.30
2 Outreach Strategy and Implementation

2.1 Project Promotion $6,657.76

Project Manager - Adam Dankberg 3 $350.95 $1,052.85
Professional II 6 $233.49 $1,400.94
Circlepoint $4,203.97

2.2 Community Survey $4,972.76

Project Manager - Adam Dankberg 2 $350.95 $701.90
Professional II 6 $233.49 $1,400.94
Circlepoint $2,869.92

2.3 Outreach Events $24,322.60

Project Manager - Adam Dankberg 10 $350.95 $3,509.50
Professional II 6 $233.49 $1,400.94
Analyst II 24 $183.30 $4,399.20
Analyst I 12 $153.66 $1,843.92
Circlepoint $13,169.04

2.4 Community Meetings $46,909.34

Project Manager - Adam Dankberg 12 $350.95 $4,211.40
Professional II 42 $233.49 $9,806.58
Analyst II 70 $183.30 $12,831.00
Analyst I 28 $153.66 $4,302.48
Circlepoint $15,757.88

2.5 Bicycle and Pedestrian Advisory Community (BPAC) Meetings $11,497.54 Project Manager - Adam Dankberg 16 $350.95 $5,615.20

I I I I

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Fees By Task Page 2 Rev. 09-28-18
Professional II 10 $233.49 $2,334.90
Analyst II 16 $183.30 $2,932.80
Analyst I 4 $153.66 $614.64

2.6 City Commission Meetings $4,555.20
Project Manager - Adam Dankberg 3 $350.95 $1,052.85
Professional II 15 $233.49 $3,502.35

2.7 City Council Adoption $9,125.94

Project Manager - Adam Dankberg 8 $350.95 $2,807.60
Professional II 12 $233.49 $2,801.88
Analyst II 6 $183.30 $1,099.80
Analyst I 4 $153.66 $614.64
Circlepoint $1,802.02

2.8 Phase 2 Outreach Activities $56,348.16

Project Manager - Adam Dankberg 8 $350.95 $2,807.60
Professional II 24 $233.49 $5,603.76
Analyst II 40 $183.30 $7,332.00
Circlepoint $40,604.80
TOTAL FOR TASK 2 387 $164,389.30
3 Data Collection

3.1 Information Gathering and Identifying Existing Conditions $30,123.34

Project Manager - Adam Dankberg 6 $350.95 $2,105.70
Senior Professional II 20 $308.72 $6,174.40
Professional II 12 $233.49 $2,801.88
Professional I 12 $212.03 $2,544.36
Analyst II 90 $183.30 $16,497.00

3.2 Identify Re-routed Traffic Volumes for Road Diet Locations $7,887.38

Project Manager - Adam Dankberg 2 $350.95 $701.90
Senior Professional II 6 $308.72 $1,852.32
Professional II 4 $233.49 $933.96
Analyst II 24 $183.30 $4,399.20
TOTAL FOR TASK 3 176 $38,010.72
4 Concepts/Alternatives

4.1 Concepts/Alternatives $87,946.86

Project Location 1 (De La Cruz Boulevard) $20,786.47
Project Manager - Adam Dankberg 4 $350.95 $1,403.80
QC/QA Manager - John Pulliam 2 $365.75 $731.50
Senior Professional II 5 $308.75 $1,543.75
Senior Professional I 10 $263.91 $2,639.10
Professional II 10 $233.49 $2,334.90
Professional I 14 $212.03 $2,968.42
Analyst II 50 $183.30 $9,165.00
Project Location 2 (Lick Mill Boulevard) $20,786.47

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Fees By Task Page 3 Rev. 09-28-18
Project Manager - Adam Dankberg 4 $350.95 $1,403.80
QC/QA Manager - John Pulliam 2 $365.75 $731.50
Senior Professional II 5 $308.75 $1,543.75
Senior Professional I 10 $263.91 $2,639.10
Professional II 10 $233.49 $2,334.90
Professional I 14 $212.03 $2,968.42
Analyst II 50 $183.30 $9,165.00
Project Location 3 (Scott Boulevard) $46,373.92
Project Manager - Adam Dankberg 10 $350.95 $3,509.50
QC/QA Manager - John Pulliam 4 $365.75 $1,463.00
Senior Professional II 10 $308.75 $3,087.50
Senior Professional I 12 $263.91 $3,166.92
Professional II 20 $233.49 $4,669.80
Professional I 40 $212.03 $8,481.20
Analyst II 120 $183.30 $21,996.00
TOTAL FOR TASK 4 406 $87,946.86
5 Corridor Analysis

5.1 Operational Analysis (Road Diet Locations Only) $18,908.32

Project Manager - Adam Dankberg 4 $350.95 $1,403.80
Senior Professional II 12 $308.72 $3,704.64
Professional II 12 $233.49 $2,801.88
Analyst II 60 $183.30 $10,998.00

5.2 Other Analysis $26,970.20

Project Manager - Adam Dankberg 4 $350.95 $1,403.80
Senior Professional II 20 $308.72 $6,174.40
Professional II 16 $233.49 $3,735.84
Analyst II 72 $183.30 $13,197.60
Analyst I 16 $153.66 $2,458.56
TOTAL FOR TASK 5 216 $45,878.52
6 Project Memo Report

6.1 Draft Project Memo Report $45,943.72

Project Manager - Adam Dankberg 12 $350.95 $4,211.40
QC/QA Manager - John Pulliam 6 $365.75 $2,194.50
Senior Professional II 16 $308.72 $4,939.52
Professional II 40 $233.49 $9,339.60
Analyst II 100 $183.30 $18,330.00
Analyst I 40 $153.66 $6,146.40
Project Support 5 $156.46 $782.30

6.2 Draft Project Memo Report $15,181.92
Project Manager - Adam Dankberg 4 $350.95 $1,403.80
QC/QA Manager - John Pulliam 2 $365.75 $731.50

Design Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit B1-Fees By Task Page 4 Rev. 09-28-18
Senior Professional II 8 $308.72 $2,469.76
Professional II 10 $233.49 $2,334.90
Professional I 2 $212.03 $424.06
Analyst II 30 $183.30 $5,499.00
Analyst I 10 $153.66 $1,536.60
Project Support 5 $156.46 $782.30
TOTAL FOR TASK 6 290 $61,125.64
TOTAL FOR ALL TASKS 1,565 $421,814.34
Other Direct Costs
Circlepoint Outreach Expenses $30,700.00
Parking Counts $24,382.00
Mileage $700.00
Printing/Outreach Materials $3,000.00
TOTAL FOR OTHER DIRECT COSTS $58,782.00
Contingency $72,089.45
TOTAL NOT-TO-EXCEED MAXIMUM COMPENSATION $552,685.79

Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit C-Insurance Requirements

Rev. 09-28-18

EXHIBIT C

INSURANCE REQUIREMENTS

Without limiting the Consultant’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Consultant’s insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

Professional Agreement with Kimley-Horn and Associates, Inc./Exhibit C-Insurance Requirements