16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement
Agreement with Adams Pool Solutions Page 6
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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: Dale Seale
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:
Adams Pool Solutions
3675 Old Santa Rita Road
Pleasanton, CA 94588
[email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and
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following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
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.
Agreement with Adams Pool Solutions Page 8
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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”
ADAMS POOL SOLUTIONS
a California corporation
Dated:
By (Signature):
Name: Debra Eula
Title: CFO
Principal Place of
Business Address:
3675 Old Santa Rita Road
Pleasanton, CA 94588
Email Address: [email protected]
Telephone: (925) 828-3100
Fax: N/A
“CONTRACTOR”
Agreement with Adams Pool Solutions/Exhibit A1-Scope of Services Page 1 Rev. 07-01-18
EXHIBIT A1
SCOPE OF SERVICES
The following Scope of Services defines the Services and responsibilities of Contractor and City for replastering services at the George F. Haines International Swim Center.
The Scope of Services include Exhibit A1 and Contractors bid response dated August 30, 2024 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.
1. OVERVIEW
Contractor shall provide pool replastering services for one racing pool and one training pool at the George F. Haines International Swim Center (ISC), including all labor, material, equipment, tools, etc. to provide services, in support of the Department of Parks & Recreation.
Site Address: 2625 Patricia Dr., Santa Clara, CA 95051
There are two pools that require replastering at the ISC, see below:
1.3.1 Racing Pool: Measures 164’ 1 ½” long x 75’ 1” wide and holds 599,000 gallons of water.
1.3.2 Training Pool: Measures 75’ 1” long x 42’ wide and holds 70,686 gallons of water.
See Exhibit A2 for pictures of the training and racing pool.
In addition, Contractor shall provide services to upgrade the drain in the training pool.
2. SCOPE OF SERVICES:
Services shall include, but are not limited to, the following:
2.1.1 Replastering the pool surface,
2.1.2 Replacing all underwater tiles with like in-kind color non-slip type,
2.1.3 Replacing missing tiles above water line with like and kind,
2.1.4 Replacing broken tiles above water line with like and kind,
2.1.5 Removing and replacing section of pool deck concrete west side middle pool ladder and resetting ladder sleeves,
2.1.6 Replacing all pool drain covers with new,
2.1.7 Replacing all pool water returns covers with new, and
2.1.8 Refilling pools once ready with potable water from hydrant across parking lot across from main entrance to the ISC.
The City shall be responsible for draining the pool prior to the commencement of services and will restart all pool circulation system components upon City’s
1.1 1.2
1.3 1.4
1.5 2.1
2.2 Agreement with Adams Pool Solutions/Exhibit A1-Scope of Services Page 2 Rev. 07-01-18
final approval after the completion of work.
Contractor shall pull all necessary permits with the County of Santa Clara prior to the commencement of services and finalize all permits with the County upon completion of services.
There are no permits required by the City.
Time is of the essence therefore the contractor must complete the project in an expeditious manner for the City to re-open the International Swim Center as soon as feasibly possible.
All materials furnished by Contractor, or used in the performance of services, shall be in new and unused condition.
3. GENERAL REQUIREMENTS
Contractor shall:
Comply with all applicable federal, state, and local codes and ordinances.
Ensure all work is performed in a professional manner within the standards of the industry and original manufacturer of equipment, using proper equipment, methods, materials, and employees.
Provide training and certification, including OSHA safety training, for Contractor’s employees engaged in the performance of services specified herein.
Take necessary steps to protect the public and all property from damage during operations and shall be responsible for any damage to the work or property caused by the Contractor's employees.
Repair or replace any property that is damaged directly or indirectly resulting from Contractor’s work. This includes privately owned, as well as City-owned properties. This repair and/or replacement shall be done to the satisfaction of the City.
Ensure the worksite is left clean and in safe condition at the end of each workday, and at the conclusion of the project. The City shall not be responsible for any tools or equipment left onsite.
Safely remove and dispose of all debris.
4. POOL RESURFACING SERVICES
Contractor shall:
Provide all labor, materials, tools, transportation, supervision, and equipment necessary to resurface the racing pool and training pool at the ISC.
Remove all old plaster from the water line tile downward and apply new, white plaster using industry-standard methods. Finish shall be smooth throughout.
Remove all black, blue, and white tiles on the bottom of the pool, and replace them with new, slip-resistant tiles in matching colors.
2.3 2.4
2.5 2.6
3.1 3.2
3.3 3.4
3.5 3.6
3.7 4.1
4.2 4.3
Agreement with Adams Pool Solutions/Exhibit A1-Scope of Services Page 3 Rev. 07-01-18
Remove and replace, like in-kind, all main drain covers.
Remove and replace all pool water return covers.
Replace any missing or broken tiles above water line with like in-kind color and size.
Cut out cracked concrete around ladder handrail and replace it with new concrete and set handrails back in place. West side middle, long side, of the pool.
Refill the two pools with potable water once the plaster has been allowed to harden (cure), and in accordance with the manufacturer’s recommended timeline. Pool shall be filled to waterline. The fire hydrant located outside of ISC front doors will be an available option for filling.
5. UPGRADE SERVICES FOR DUAL MAIN DRAIN SETUP FOR THE TRAINING POOL
Contractor shall provide the following services:
Saw cut the floor of the pool and excavate at exiting main drain 2’x8’.
Replumb the existing main line to meet code.
Backfill with gravel, as applicable.
Tie new steel.
Install concrete.
6. SCHEDULE OF PERFORMANCE
All work shall be performed during normal business hours, Monday to Friday between the hours of 7:00 a.m. and 4:00 p.m. Pacific Time.
Should the weather or other conditions not be suitable for the performance of work, the City Project Manager shall have the authority to suspend the work.
If the City Project Manager orders a suspension of all the work or a portion of the work, due to unsuitable/inclement weather or to such other conditions as are considered unfavorable to the suitable execution of the work, the days on which the suspension is in effect shall not be considered working days.
7. INSPECTION
All work shall be subject to inspection by the City, at any time during the Contractor’s performance of services.
When the contract work has been satisfactorily completed and the final clean- up performed, the City Project Manager will conduct a final inspection.
8. WORKMANSHIP WARRANTY REQUIREMENTS
All work shall be guaranteed against defects in workmanship and materials for
4.4 4.5
4.6 4.7
4.8 5.1
5.2 5.3
5.4 5.5
6.1 6.2
6.3 7.1
7.2 8.1
Agreement with Adams Pool Solutions/Exhibit A1-Scope of Services Page 4 Rev. 07-01-18
a period of no less than (1) year from date of completion of work. Typical wear, abuse, or neglect will be exempt.
Contractor shall repair or replace at his/her expense all other work, equipment, and/or material, including soil, that is damaged because of such defects.
9. WARRANTY REQUIREMENTS
The warranty period for materials shall be for a period of one year or within the manufacturers’ warranty, whichever is the later period. The warranty period shall commence upon date of acceptance by the City. Contractor shall provide the City’s authorized representative with all manufacturers’ warranty documents upon completion of service and prior to leaving the job site.
Contractor shall warrant all work provided against any defects in workmanship or product and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by the City.
8.2 9.1
9.2 Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Page 1 Rev. 07-01-18
EXHIBIT A2
RACING AND TRAINING POOL PICTURES
1. Racing Pool Pictures
Racing Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Page 2 Rev. 07-01-18
Southeast View of Racing Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Page 3 Rev. 07-01-18
Southwest View of Racing Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Page 4 Rev. 07-01-18
2. Training Pool Pictures
Training Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Page 5 Rev. 07-01-18
South View of Training Pool
Agreement with Adams Pool Solutions/Exhibit A2-Racing and Training Pool Pictures Page 6 Rev. 07-01-18
Training Pool
Agreement with Adams Pool Solutions/Exhibit B-Schedule of Fees Page 1 Rev. 07-01-18
EXHIBIT B
SCHEDULE OF FEES
1. MAXIMUM COMPENSATION
The maximum amount payable for services provided by Contractor under this Agreement shall not exceed Four Hundred Twenty Thousand Seventy-Two Dollars ($420,072) during the term of the Agreement, subject to the appropriation of funds. Any additional services or materials requested by the City that would exceed the preceding amount would be addressed in an Amendment to the Agreement. The compensation is specified below:
Labor Costs
Description Number of
Hours
Hourly
Rate
Total Labor
Cost
Labor to Replaster the Racing Pool 1480 $152.46 $225,641 Labor to Replaster the Training Pool 409 $149.20 $61,023 Labor to Upgrade the Main Drain Setup for
the Training Pool 30 $160.00 $4,800
TOTAL LABOR COSTS $291,464
Material Cost
Description Total
Material Cost
Material Cost for Replastering the Racing Pool $97,283 Material Cost for Replastering the Training Pool $17,880 Material Cost for Upgrade to the Main Drain Setup for the Training Pool $3,200
TOTAL MATERIAL COSTS $118,363
Bonds Cost $10,245
MAXIMUM COMPENSATION NOT-TO-EXCEED $420,072
2. PRICING
Pricing is fixed for the term of the Agreement.
3. RATES FOR AS-NEEDED SERVICES
3.1. Should additional services be required the following rates shall apply:
3.1.1. Hourly Rate: $115
3.1.2. Parts/Materials Cost Markup %: 15%
Agreement with Adams Pool Solutions/Exhibit B-Schedule of Fees Page 2 Rev. 07-01-18
4. INVOICING REQUIREMENTS
4.1. Contractor shall provide an invoice to the City upon project completion and City approval of work completion. The City shall pay Contractor within thirty (30) days of City’s receipt of an approved invoice.
4.2. Invoice shall include, at a minimum, the following:
4.2.1. Date of Service
4.2.2. Description of Services
4.2.3. Unit Price/Hourly Rate/Parts Markup %
4.2.4. Quantity/Number of Hours
4.2.5. Extended Price
4.2.6. Other Pertinent Information
Agreement with Adams Pool Solutions/Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$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 Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
Agreement with Adams Pool Solutions/Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. T his policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds.
City of Santa Clara, its City Council, commissions,
officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-co
ntributing. Each insurance policy provided by
Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other
Agreement with Adams Pool Solutions/Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non- renewal.
4. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
E. ADDITIONAL INSURANCE RELATED PROVISIONS
C
ontractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party in
volved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any
party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of
Agreement with Adams Pool Solutions/Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
F. E VIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
G. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
[email protected]
Or mailed to:
EBIX Inc.
City of Santa Clara Department of Parks and Recreation
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
H. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall
Agreement with Adams Pool Solutions/Exhibit C-Insurance Requirements Page 5 Rev. 07-01-18
be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Adams Pool Solutions/Exhibit D-Labor Compliance Page 1 Rev. 07-01-18
EXHIBIT D
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
I. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required.
Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified
Agreement with Adams Pool Solutions/Exhibit D-Labor Compliance Page 2 Rev. 07-01-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
J. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is
Agreement with Adams Pool Solutions/Exhibit D-Labor Compliance Page 3 Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
K. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Agreement with Adams Pool Solutions/Exhibit E-Payment Bond Page 1 Rev. 07-01-18
EXHIBIT E
PAYMENT BOND
DOCUMENT _________
CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
This Construction Labor and Materials Payment Bond (“Bond”), dated __________________, 200__, is in the penal sum of ______________________________________________________________________ Dollars, ($___________.00), and is entered into by and between the parties listed below to ensure the payment of claimants under of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 13, attached to this page. Any singular reference to _______________________________________________________________________________ (“Contractor”), ___________________________________________________________ (“Surety”), the City of Santa Clara, California, a charted California municipal corporation (“City”) or other party shall be considered plural where applicable.
CONSTRUCTION CONTRACT
City of Santa Clara ___________________________________________________________, Contract __-__-__-__
Dated:
200__
In the amount of $ Do llars
CONTRACTOR AS PRINCIPAL: SURETY:
Contractor Name Surety Name:
Principal Address of Business Principal Address of Business
(Corp. Seal) (Corp. Seal)
Signature:
Signature:
Name: N ame:
Title: T
itle:
Approved as to Form:
Agreement with Adams Pool Solutions/Exhibit E-Payment Bond Page 2 Rev. 07-01-18
___________________________________________
City Attorney
BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.
2. With respect to City, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its subcontractors, for all sums due Claimants. If Contractor or its subcontractors however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then Surety will pay for the same, and also, in case suit is brought upon this bond, a reasonable attorney’s fee, to be fixed by the court.
4. Consistent with the California Mechanic’s Lien Law, Civil Code §3082, et seq. , Surety shall have no obligation
to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements.
5. S
urety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond.
6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond.
7. City shall not be liable for payment of any costs, expenses, or attorney’s fees of any Claimant under this bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.
8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the work to be performed thereunder, or materials or equipment to be furnished thereunder or the specifications accompanying the same, shall in any affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the work or to the specifications or any other changes.
9. Suit against Surety on this Payment Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced ---
Agreement with Adams Pool Solutions/Exhibit E-Payment Bond Page 3 Rev. 07-01-18
before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184.
10. All notices to Surety or Contractor shall be mailed or delivered to the address shown on the signature page, and all notices to City shall be mailed or delivered as provided in Document 00520, Agreement. Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
11. This Bond has been furnished to comply with the California Mechanic’s Lien Law, including, but not limited to,
Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted here from and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
12. U
pon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.
13. DEFINITIONS
13.1 Claimant: An individual or entity having a direct contract with Contractor or with a subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of Contractor and Contractor’s subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b).
13.2 Construction Contract: The agreement between City and Contractor identified on the signature page, including all Contract Documents and changes thereto.
13.3 City Default: Ma terial failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract.
END OF DOCUMENT
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Agreement with Adams Pool Solutions/Exhibit F-Performance Bond Page 1 Rev. 07-01-18
EXHIBIT F
PERFORMANCE BOND
DOCUMENT _________
CONSTRUCTION PERFORMANCE BOND
This Construction Performance Bond (“Bond”), dated __________________________, 200__, is in the penal sum of _________________________________________________________________________________________Dollars, ($__________ ___.00), which is equal to one hundred percent of the Contract Price, and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 12, attached to this page. Any singular reference to __________________________________________________________________________________ (“Contractor”), _________________________________________________________________________________ (“Surety”), City of Santa Clara, California, a chartered California municipal corporation (“City”) or other party shall be considered plural where applicable.
CONSTRUCTION CONTRACT
City of Santa Clara ___________________________________________________________, Contract __-__-__-__
Dated:
200__
In the amount of $ Do llars
CONTRACTOR AS PRINCIPAL: SURETY:
Contractor Name Surety Name:
Principal Address of Business Principal Address of Business
(Corp. Seal) (Corp. Seal)
Signature:
Signature:
Name: N ame:
Title: T
itle:
Approved as to Form:
Agreement with Adams Pool Solutions/Exhibit F-Performance Bond Page 2 Rev. 07-01-18
___________________________________________
City Attorney
BOND TERMS AND CONDITIONS
14. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
15. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond.
16. If there is no City Default, Surety’s obligation under this Bond shall arise after:
3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 City has agreed to pay the Balance of the Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
17. When City has satisfied the conditions of Paragraph 3, Surety shall promptly (within thirty (30) days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or
4.3 Obtain bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to City the amount of such excess; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and wi th reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith the amount for which it may then be liable to City under Paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to City with full explanation of the payment’s calculation. If City accepts Surety’s tender under this paragraph 4.4, City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety’s tender under this paragraph 4.4, City may exercise all remedies available to it at law to enforce Surety’s liability under paragraph 6, below.
18. If Surety does not proceed as provided in Paragraph 4, above, then Surety shall be deemed to be in default on this
Agreement with Adams Pool Solutions/Exhibit F-Performance Bond Page 3 Rev. 07-01-18
Bond ten (10) days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, or coordinate work with other consultants or contractors.
19. Surety’s monetary obligation under this Bond is limited by the amount of this Bond. Subject to these limits, Surety’s obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract.
Surety’s obligations shall include, but are not limited to:
6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work;
6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract, including but not limited to, all valid and proper back charges, offsets, payments, indemnities, or other damages;
6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety under Paragraph 4, above.
20. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns.
21. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond.
22. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located.
23. All notices to Surety or Contractor shall be mailed or delivered to the address shown on the signature page, and all notices to City shall be mailed or delivered as provided in Document 00520, Agreement. Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
24. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
25. Definitions.
12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract.
12.2 Construction Contract: The agreement between City and Contractor identified on the signature page, including all Contract Documents and changes thereto.
12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, including but not limited to, “default” as provided in Document 00700 General Conditions.
12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the
Agreement with Adams Pool Solutions/Exhibit F-Performance Bond Page 4 Rev. 07-01-18
Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-49 Agenda Date: 10/22/2024
REPORT TO COUNCIL
SUBJECT
Action on Northern California Power Agency (NCPA) Shared Use and Occupancy Agreement
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The Northern California Power Agency (NCPA) is a public Joint Powers Agency formed in 1968 under California’s Joint Exercise of Powers Act (Cal Gov. Code §§ 6500 et. seq.), whose members include the cities of Alameda, Biggs, Gridley, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara-Silicon Valley Power, Shasta Lake and Ukiah, as well as the Bay Area Rapid Transit District, Port of Oakland, the Truckee Donner Public Utility District, and the Plumas-Sierra Rural Electric Cooperative.
Most critically for its 16 members, NCPA over the past four decades has constructed and today operates and maintains a fleet of power plants that is among the cleanest in the nation, and that provides reliable and affordable electricity to more than 700,000 Californians. NCPA made a major investment in renewable energy in the early 1980s when it developed two geothermal power plants and financed and built a 250 MW hydroelectric facility. Thirty years later, these resources continue to generate reliable, emission-free electricity for its member communities.
NCPA’s 778 MW portfolio of power plants are approximately 57% greenhouse gas emission-free.
NCPA’s mix of geothermal, hydroelectric, and natural gas resources is well positioned to help its members achieve California’s policy of a 60% Renewable Portfolio Standard (RPS) by 2030.
When managing a diverse portfolio of resources and ensuring that power is scheduled and flowing every second of every day, it is prudent to have adequate contingency plans for various emergency situations that may occur. NCPA created a separate Disaster Recovery Center (DRC) in case of emergencies if something happens to the primary NCPA location in Roseville. In this center there is underutilized and unoccupied office space.
NCPA recognizes that member utilities may benefit from employees being able to use a satellite- hoteling office space in the Sacramento area. NCPA has created a Shared Use and Occupancy Agreement to make available this unoccupied office space to member utilities to help attract and retain employees. NCPA has current temporary DRC space available located in Citrus Heights, California and in construction is the permanent DRC site, which is anticipated to open in 2025, located in Fair Oaks, California.
The Sacramento area has multiple agencies where Silicon Valley Power (SVP) can attract talent.
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These include City of Roseville, Sacramento Municipal Utility District, PG&E, Regulatory Agencies (the California Energy Commission and California Air Resource Board), and even NCPA.
DISCUSSION
SVP is having difficulty filling and retaining certain employee classifications. The current vacancy rate is 22%. Having a flexible approach to where employees work may help SVP attract and retain employees and, potentially, due to the lower cost of living, new hires may have a lower starting salary point saving the utility money. Therefore, it is proposed that the temporary and permanent site serve as a Satellite SVP Office for SVP employees to work.
As examples potential classifications that could use this location as their office include but are but not limited to: Sr. Resource Analyst, Power Trader/ Scheduler, Program Manager, certain Engineering Classifications, and Sr. Division Manager. The option to use the satellite office will be determined on a case-by-case basis by SVP management based on need, after consultation with the City’s Human Resources Department and upon approval by the City Manager. Employees will still be required to report to the Santa Clara office at a preset cadence as determined by their manager every pay period. Annually, SVP will review the success of the satellite office and closely monitor employee productivity. The employees are subject to the same policies and procedures established by the City of Santa Clara.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(5) of Title 14 of the California Code of Regulations in that it is an administrative activity that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT
Since SVP is a 48%-member share of NCPA and already pays for approximately 48% for the expenses of the shared use facilities. SVP would be assessed an Occupancy Charge for any additional increases in utility-related expenses and increased frequency of janitorial serves for the use of the property, anticipated not to exceed $1,000 per month.
Sufficient funding for this agreement is available in the SVP operating budget for Fiscal Year 2024/2025. Funding for future years will be requested through the regular budget process.
COORDINATION
This Report has been coordinated with the Finance Department
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] < mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager or designee to execute the (a) Northern California Power Agency City of Santa Clara Printed on 10/18/2024Page 2 of 3
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24-49 Agenda Date: 10/22/2024
Shared Use and Occupancy Agreement Signatory Member Execution Page; and (b) Northern California Power Agency Shared Use and Occupancy Agreement Signatory Member Request to Use and Occupy Available Office Space in the forms presented; and
2. Authorize the City Manager or designee to (a) take any actions as necessary to implement and administer the Northern California Power Agency Shared Use and Occupancy Agreement, and (b) amend the agreement with no material cost increase, subject to budget appropriations and review and approval as to form by City Attorney.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. NCPA Shared use and Occupancy Agreement
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NORTHERN CALIFORNIA POWER AGENCY
SHARED USE AND OCCUPANCY AGREEMENT
PREAMBLE
This Shared Use and Occupancy Agreement (" Agreement") is entered into as of the __ day of _______ _, 2024 ("the Effective Date") by and between the Northern California Power Agency, a joint powers agency of the State of California ("NCPA' 1 or "Agency"), and those members of
NCPA who execute this Agreement (each a "Signatory Member" and together the "Signatory Members"). NCPA and each Signatory Member are referred to individually as a "'Party' and together as "Parties".
RECITALS
WHEREAS, NCPA and NCPA's members ("Members") desire to establish a shared use and occupancy agreement by which Signatory Members may occupy and use available office space of property owned by NCPA from time to time on a first come, first served basis as further detailed herein; and
WHEREAS, the shared use and occupancy includes available workspaces and other amenities located at NCPA's Disaster Recovery Center located at the Property (defined below); and WHEREAS, each Signatory Member shall maintain a primary place of business separate and apart from the Property and has accepted the shared use and occupancy of the Property for the Signatory Member's convenience and staffing needs, as more fully set forth herein; and WHEREAS, the primary purpose of this Agreement is to protect NCPA and its Members from any exposure to liability of any kind that might result from any act or omission in the performance of this Agreement; and
NOW, THEREFORE, the Parties agree as follows:
1. Property. The property subject to this Agreement is known as NCPA's Disaster Recovery Center, temporarily located at 7664 Old Auburn Rd., Building A, Citrus Heights, CA 95610-3831 (the "Property'').
At some point in 2025, NCPA's Disaster Recovery Center will move to its permanent location at 5034 Sunrise Blvd, Fair Oaks, CA 95628. NCPA will provide Signatory Members written notice of the change of the Property location no less than 30 days before the change. Upon the effective date of NCPA 1 s
issuance of that written notice, the term "Property'' will become 5034 Sunrise Blvd, Fair Oaks, CA 95628.
Agency shall have priority on all office space within the Property. Office space within the Property not being used or planned to be used by Agency will be available for use by NCPA Members on a first come first served basis.
Z. Effective Date as to Signatory Member. Following the approval of this Agreement by the NCPA Commission, any Member may become a Signatory Member by providing an executed counterpart of this Agreement to NCPA in the form set forth on Exhibit A. Each signature page shall identify the initial Designated Representatives of the Signatory Member who are authorized to request occupancy and use Shared Use and Occupancy Agreement AS-AGY-2024-001
of available office space at the Property and assign personnel to occupy the space. Signatory Members shall provide written notice to Agency upon a change in the identity of either of its Designated Representatives.
3. Signatory Member Request for Use and Occupancy of the Property. Signatory Members desiring to access, use, and occupy available office space within the Property shall submit a request to Agency in the form set forth on Exhibit Band B-1. Exhibit B-1 may be modified from time to time upon mutual agreement of the authorized representatives of Agency and the SignatoryMembers. If Agency has available space and at Agency's sole discretion, Agency will grant the request by executing Exhibit B.
Agency will return the counter-signed Request to Use and Occupy Available Office Space to Signatory Member.
4. Occupancy Charge. An occupancy charge is an amount that represents the increased monthly cost incurred by NCPA for utility-related expenses and increased frequency of janitorial services for the use of the Property by a Signatory Member. The occupancy charge will be split evenly amongst the Signatory Members on a pro-rata basis based on the total number of Signatory Member assigned personnel using the Property and billed monthly to each Signatory Member's AH Resources Bill.
5. Termination.
a. Signatory Member. A Signatory Member may voluntarily withdraw from this Agreement and/or request cancellation of an approved Request to Use and Occupy Available Office Space with 30 days' advance written notice to Agency. Occupancy charges will be prorated based on the departure date if the proper notice period is given (minimum of 30 days before departure). b. Agency. Agency may terminate an approved Request to Use and Occupy Available Office Space with one (1) year advance written notice to Signatory Member's Designated Representatives.
6. No Assignment or Sublease. NCPA provides this service to its Members on an as available basis.
Signatory Member{s) shall not assign this Agreement, or sublet or grant any license to use the Property or any part thereof.
7. Use. The Property shall be used and occupied by the assigned employee(s) of a Signatory Member for the sole purpose of conducting a Signatory Member's business. The Signatory Member and/or their assigned personnel shall not allow any other person to use, be a guest of, or occupy the Property without first obtaining NCPA's written consent to such use.
8. Entry by the Agency. The Agency shall have the right, at any time, to enter and use the Property making all efforts to avoid the workspaces occupied by a Signatory Member's assigned personnel.
9. Security Access Badges. The Agency will create and provide a Signatory Member's assigned personnel security access badges allowing entry to the premises. When occupancy is no longer needed, security access badges must be returned to the Agency prior to or on the day of vacating the Property.
10. Condition of Property. The Agency stipulates the Property is in good order .. repair, and in a safe and clean condition. A Signatory Member stipulates, represents, and warrants that assigned personnel will examine the Property upon arrival and will notify the Agency of any issues within ten (10) days of arrival.
Shared Use and Occupancy Agreement AS-AGY-2024-001
11. Care of the Property. A Signatory Member's assigned personnel agree to maintain the Property in as good condition as it is at the start of the occupancy term, except for ordinary wear and tear and damage from casualty or condemnation. A Signatory Member must pay for all repairs, replacements, and damages caused by the act or neglect of their assigned personnel. NCPA shall coordinate periodic maintenance, repair, cleaning, and janitorial service.
12. Alterations. A Signatory Member's assigned personnel shall make no alterations to or improvements on the Property. To the extent that the Signatory Member's Designated Representatives request to fund alterations to the Property (e.g. alteration of cubicles), the request shall be made in writing to the Agency. The Agency at its sole discretion may agree to perform the requested alterations as funded by the Signatory Member or reject the request. All alterations to the Property funded by the Signatory Member will become the property of the Agency.
13. Repairs by the Agency. If the Property is damaged or in need of repair, the Signatory Member must promptly notify the Agency, and thereafter the Agency will cause the approved repairs to be made within a reasonable time. Failure to promptly notify the Agency of a needed repair, which in turn results in additional damage, could result in additional charges to the Signatory Member.
14. Damage to Property. In the event the Property is destroyed or rendered wholly uninhabitable by fire, storm, or other casualty not caused by the negligence of either Party, this Agreement and any approved use and occupancy thereunder shall terminate. In that event, the monthly occupancy charge will be prorated as necessary. Should a portion of the Property thereby be rendered uninhabitable, the Agency shall have the option of either repairing such injured or damaged portion(s) or terminating this Agreement and the approved use and occupancy thereunder.
15. Required Condition. Upon termination of an approved use and occupancy arrangement, the Signatory Member will remove all of their personal property (computers, laptops, monitors, printers, documents, etc.) and will leave the Property clean.
16. Utilities. The Agency shall throughout the term promptly pay, and be responsible, for all of its share of gas, electricity, water, wastewater, refuse, network services, and internet access. Assigned personnel are requested to use these services wisely and conserve where possible. The Agency is not responsible for any inconvenience or interruption of services due to repairs, improvements, or any reason beyond the Agency's control.
17. Compliance with Laws. A Signatory Member's assigned personnel must comply with all laws, orders, rules, and requirements of governmental authorities and insurance companies that have issued or are about to issue policies covering the Property and/or its contents.
18. Administration of Agreement. The NCPA Commission has sole overall responsibility and authority for the administration of this Agreement. Any acts, decisions or approvals taken, made or sought by NCPA under this Agreement shall be taken, made or sought, as applicable, in accordance with NCPA's Constitutive Documents.
19. Limitation of NCPA Liability. Except as otherwise provided, NCPA shall not at any time be liable for any injury or damage occurring to a Signatory Member or any other person or property from any cause whatsoever arising out of this Agreement.
Shared Use and Occupancy Agreement AS-AGY-2024-001
20. Limited Right of Recourse. The provisions of Section 19 shall not apply where the injury or damage is to a Signatory Member and is caused by the active negligence of NCPA or of any employee, agent or contractor of NCPA, provided, however, that any liability under this subsection is limited to the extent of the actual coverage and coverage limits of the insurance policies described within.
21. Indemnity Obligation of Signatory Members. Except as provided in Section 20 above, each Signatory Member shall, at its sole cost and expense, indemnify and hold harmless NCPA, and its Members, and their respective officers, agents and employees ("lndemnitees") from and against any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses (including reasonable attorneys' fees), which may be imposed upon, incurred by or be asserted against the lndemnitees arising out of this Agreement.
22. Defense Obligation of Signatory Members. In the event any action or proceeding shall be brought against the lndemnitees by reason of any matter for which the lndemnitees are indemnified hereunder, the Signatory Members shall, upon reasonable prior written notice from any of the lndemnitees, at a Signatory Member's sole cost and expense, resist and defend the same with legal counsel mutually selected by lndemnitee and the Signatory Member or Members, unless mutual selection of counsel is expressly prohibited by an applicable insurance policy; provided however, that neither lndemnitee nor Signatory Member shall admit liability in any such matter or on behalf of the other without express written consent, which consent shall not be unreasonably withheld or delayed, nor enter into any compromise or settlement of any claim for which lndemnitees are indemnified hereunder without prior express written consent. The Signatory Member's duty to defend shall begin upon receipt of a written notice identifying with specificity the allegations that give rise to this duty to defend.
23. Notice of Claims Required. The Parties shall give each other prompt written notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Agreement.
24. NCPA Obligation to Maintain Insurance. During the term of the Agreement, NCPA shall maintain, or cause to be maintained, in full force and effect, and at its sole cost and expense, the types and limits of insurance as are annually approved by the governing Commission of NCPA.
25. Signatory Member Insurance. Signatory Members acknowledge that there are significant limits on NCPA's liability under this Agreement. A Signatory Member may wish to purchase additional insurance of its own to cover the additional risks and the potential additional liabilities it is assuming. Each Signatory Member will, with respect to any additional insurance it obtains or which is otherwise available to it, cause its insurers to issue an endorsement providing a waiver of subrogation rights as to the lndemnitees.
26. Survival of Obligations. The defense and indemnity obligations shall survive the termination of this Agreement.
27. Dispute Resolution. If any dispute arises between the Parties that cannot be settled engaging in good faith negotiations, each Party shall designate a senior management or executive level . representative to negotiate and resolve the dispute by any means within their authority. In the event that a dispute remains unresolved, either Party may pursue arbitration pursuant to the Commercial Arbitration and Mediation Rules of the American Arbitration Association. The costs of arbitration shall be equally shared by the Parties, and the Parties shall bear their own attorneys' fees. The arbitrator shall have no authority to amend this Agreement.
Shared Use and Occupancy Agreement AS-AGY-2024-001
28. No Consequential Damages. FOR ANY BREACH OF ANY PROVISION OF THIS AGREEMENT FOR
WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT, THE
LIABILITY OF THE DEFAULTING PARTY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER DAMAGES OR REMEDIES ARE HEREBY WAIVED. IF NO REMEDY OR MEASURE OF DAMAGE IS
EXPRESSLY PROVIDED, THE LIABILITY OF THE DEFAULTING PARTY SHALL BE LIMITED TO ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE HEREBY WAIVED. IN NO EVENT SHALL
NCPA OR ANY PARTICIPATING OR SIGNATORY OR OTHER MEMBER OR THEIR RESPECTIVE SUCCESSORS,
ASSIGNS, REPRESENTATIVES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY LOST
PROFITS, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES OR
DAMAGES, INCLUDING LOSS OF USE, LOSS OF GOODWILL, LOST REVENUES, LOSS OF PROFIT OR LOSS OF
CONTRACTS ARISING FROM THIS AGREEMENT OR ANY CONFIRMATION ENTERED INTO PURSUANT TO THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH SIGNATORY MEMBER EACH HEREBY WAIVES SUCH CLAIMS AND RELEASES EACH OTHER AND EACH OF NCPA AND ITS MEMBERS FROM ANY SUCH LIABILITY.
29. Severabllity. In the event that any of the terms, covenants, or conditions of this Agreement or the application of any such term, covenant, or condition, shall be held invalid as to any person or circumstance by any court having jurisdiction, all other terms, covenants or conditions of this Agreement and their application shall not be affected thereby, but shall remain in force and effect unless the court holds that such provisions are not severable from all other provisions of this Agreement.
30. Governing Law. This Agreement shall be interpreted, governed by, and construed under the laws of the State of California.
31. Nature of Occupancy. No legal title or leasehold interest in the Property shall be deemed or construed to be created or vested by a Signatory Member. A Signatory Member shall occupy the Property, merely as a licensee. It is expressly understood and agreed that a Signatory Member is not a tenant or lessee, the Agency is not a landlord, and a Signatory Member does not have such rights as exist at law regarding landlord/tenant rights.
32. Entire Agreement. All promises regarding the Property made by the Agency, and a Signatory Member's right to use and occupy, are contained in this Agreement, This Agreement can only be changed by an agreement in writing signed by both the Agency and the Signatory Member.
33. Notices. Any notice, demand or request required or authorized by this Agreement to be given to any Party shall be in writing. Notices shall either be personally delivered to a Signatory Member's Designated Representative(s) and to the Agency as set forth below or transmitted to the Signatory Member's Designated Representative(s) and to the Agency by U.S. mail, first class postage prepaid. The designation of such address may' be changed at any time by written notice given to the Secretary of the Commission who shall thereupon give written notice of such change to each Signatory Member. Notices shall be deemed received upon delivery or three (3) days after mailing.
Randy S. Howard, General Manager
Northern California Power Agency
651 Commerce Drive
Roseville CA 95678
Shared Use and Occupancy Agreement AS-AGY-2024-001
With Copy to:
Mr. Monty Hanks, Assistant General Manager
Administrative Services
Northern California Power Agency
651 Commerce Drive
Roseville, CA 95678
And
Mr. Jonathan Ashcraft, Facilities Manager
Northern California Power Agency
661 Commerce Drive
Roseville, CA 95678
34. Exhibits. The Exhibits referenced herein are incorporated by this reference. They shall be denoted as follows:
• Exhibit A: Form of Signatory Member Execution Page including designation of Designated Representatives
• Exhibit B: Signatory Member Request to Use and Occupy Available Office Space • Exhibit B-1: Depiction of office space within the Property to be used by Signatory Member IN WITNESS WHEREOF, each Signatory Member has executed this Agreement with the approval of its Governing Body, and NCPA has authorized the execution of this Agreement by its General Manager in accordance with the authorization of its Commission.
NORTHERN CALIFORNIA POWER AGENCY
By: ,~J..
Randy S. Howa r'd, General Manager
Attest:
I/
Shared Use and Occupancy Agreement AS-AGY-2024-001
Page6 of 10
EXHIBIT A
NORTHERN CALIFORNIA POWER AGENCY SHARED USE AND OCCUPANCY AGREEMENT Signatory Member Execution Page
The Shared Use and Occupancy Agreement is hereby approved, executed, and joined by the following NCPA Member as a Signatory Member:
[Name of NCPA Member Agency]
1. The initial Designated Representatives of the Signatory Member who are jointly authorized to request occupancy and use of available office space at the Property and assign personnel to occupy the requested space are:
Utility Director/City Manager/
or General Manager
Notice Address:
General Counsel or City Attorney
The NCPA Shared Use and Occupancy Agreement was approved on _______ , 20_ by Resolution no. ___ of the [Name of Governing Body of
Signatory Member, e.g., "city council" or "board of directors"].
By: ______________ [Signature of person executing]
Its: ______________ [Title of person executing]
Attest:
___________ [Signature of Person Attesting to Approval] Its: __________ [Title of Person Attesting]
Approved as to Form:
By: ______ _ ___ _
Title: ____________ _
Shared Use and Occupancy Agreement AS-AGY-2024-001
EXHIBITS
NORTHERN CALIFORNIA POWER AGENCY SHARED USE AND OCCUPANCY AGREEMENT
SIGNATORY MEMBER REQUEST TO USE AND OCCUPY AVAILABLE OFFICE SPACE Pursuant to the Northern California Power Agency Shared Use and Occupancy Agreement and subject to the terms and conditions of that Agreement, Signatory Member, [insert name) _________________________ ___, hereby requests
occupancy and use of available office space of the Property, commonly referred to as NCPA's Disaster Recovery Center, located at ________________________ _
for use by __________ (name of personnel), and as depicted on the floorplan of the Property attached hereto as Exhibit B-1, for a term of ______ ~ commencing on ________ and ending on ____ _
Notice
Address:
Utility Director/City Manager/
or General Manager
General Counsel or City Attorney
Acknowledgment and Approval
NCPA has reviewed the foregoing request, confirmed that the requested space is available, and hereby approves the requested access, use, and occupancy.
NORTHERN CALIFORNIA POWER AGENCY
By: _________ _
Randy S. Howard, General Manager
Shared Use and Occupancy Agreement AS-AGY-2024-001
EXHIBIT B-1
Location of office space within the Property at 7664 Old Auburn Rd., Building A, Citrus Heights, CA 95610-3831 to be used by Signatory Member, as depicted on the floorplan below.
TEMPORARY LOCATION:
L
a
a
Pursuant to paragraph 1 of the Agreement, NCPA's Disaster Recovery Center will move to its permanent location in 2025. Upon the effective date of NCPA's issuance of a Notice of the change of the Property location, the Property location will be 5034 Sunrise Boulevard , Fair Oaks, CA 95628 to be used by Signatory Member as depicted on the floorplan below. The office space within the Property available for use by Signatory Members, is depicted on the floorplan below .
Shared Use and Occupancy Agreement AS-AGY-2024-001
PERMANENT LOCATION:
c::i
--·-........
--~ . -· -- ~
Shared Use and Occupancy Agreement
EXHIBIT B-1 continued
Offices have built
in surfaces to
accommodate
two workstations
per office
ADA Accessible
Office
CJ
•
c-
/
C)
AS-AGY-2024-001
Page10of10
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-758 Agenda Date: 10/22/2024
REPORT TO COUNCIL
SUBJECT
Action on Authorizing the Use of City Electric Forces for Public Works Located at 45 Cronin Drive
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
Section 1310 of the Santa Clara City Charter (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.”
DISCUSSION
Staff believes that the work described below is better performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating and maintaining the electric system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings. Therefore, staff recommends that the City Council declare and determine that City forces can better perform the installation of the following electric facilities and approve the use of City forces.
Estimate Number: 38974
Location: 2900 Mead Avenue
Type of Service: New Business (2005)
Description of Work: Remove 4 service connectors and install 4 service connectors and 1 - 2000A service meter.
Estimated Cost: $6,017
Appropriation: Electric Utility Capital Fund (591) Project 2005 - New Business Estimate Work
Source of Revenue: Customer/Developer Contribution
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15302 (Class 2 - Replacement or Reconstruction) of Title 14 of the California Code of Regulations as the proposed City of Santa Clara Printed on 10/18/2024Page 1 of 2
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24-758 Agenda Date: 10/22/2024
work involves the replacement or reconstruction of existing utility systems and/or facilities involving negligible expansion of capacity.
FISCAL IMPACT
The funds to support the staff time for work performed by Silicon Valley Power (SVP) and related construction materials for the work detailed in this report totaling $6,017 is included in the FY 2024/25 Adopted CIP Budget, in the New Business Estimate Work project in the Electric Utility Capital Fund.
All referenced work will be performed by City SVP staff. Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, [email protected] < mailto:[email protected]>
or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Determine that the proposed action is exempt from CEQA pursuant to Section 15302 (Class 2 - Replacement or Reconstruction) 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 work located at 2900 Mead Avenue is better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of this public work consistent with this authorization.
Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Printed on 10/18/2024Page 2 of 2
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-834 Agenda Date: 10/22/2024
REPORT TO COUNCIL AND AUTHORITIES
SUBJECT
Adopt the Resolution Amending the City of Santa Clara Conflict of Interest Codes for Designated Positions as Required by the Political Reform Act Conflict of Interest Code Biennial Update
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
The California Political Reform Act requires all public officials, employees, and consultants who make or participate in the making of governmental decisions to disclose any economic interest that could be affected by those decisions. Under Government Code Section 87302 of the Political Reform Act, certain designated officials and employees of the City are required to file a Statement of Economic Interest (Form 700) because of the nature of their position with the public agency. These officials, staff members and consultants serve in positions that been designated by the City’s Conflict of Interest Code as being required to file such statements.
Local agencies are required to conduct a periodic review their Conflict of Interest Codes to determine if they are accurate, or alternatively, if the Codes must be amended. Amendments are necessary periodically, particularly when a new official or employee positions are added, deleted, or responsibilities are changed.
DISCUSSION
The City of Santa Clara’s Conflict of Interest Code is proposed to be amended to include an updated List of Designated Positions Required to File. Changes that occurred from the prior version of the Conflict of Interest Code are redlined in the Attachments. The list of Designated Positions have been updated to add new job classifications or titles and remove those no longer applicable to the City.
Notable changes include:
1. Human Resources: Removed Risk Manager Position
2. City Attorney’s Office: Added Risk Manager Position
3. City Manager: Remove Consultant
Added Deputy City Manager
4. Added Development Project Manager Added Director of Economic Development & Sustainability (Deputy City Manager)
5. Finance: Added Accounting Division Manager
6. Water and Sewer: Added Sr. Administrative Analyst
Corrected title Utility Systems Business Manager
Corrected title Water and Sewer Operations Manager
City of Santa Clara Printed on 10/18/2024Page 1 of 2
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24-834 Agenda Date: 10/22/2024
7. Silicon Valley Power: Remove Acting Electric Division Manager Added Acting Assistant Director of Electric Utility
Corrected title Electric Utility Chief Operating Officer Staff has also reviewed the current Conflict of Interest Codes for the following legislative bodies:
Bayshore North Project Enhancement, Public Facilities Financing Corporation, Sports and Open Space Authority, and Housing Authority. Staff has found no required amendments for these codes.
The proposed resolution and appendices reflect the changes for certain departments and positions which are being added to or deleted from the list of designated positions. Upon Council approval, the Office of the City Clerk will notify the affected employees as to their filing status.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.
COORDINATION
This report has been 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]>.
RECOMMENDATION
Adopt the Resolution amending the City of Santa Clara Conflict of Interest Code required by the Political Reform Act and Regulations of the Fair Political Practices Commission Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Jovan D. Grogan, City Manager/Executive Director
ATTACHMENTS
1. Resolution of the City of Santa Clara
2. Appendix A and B (Redline)
3. Appendix A and B (Clean Versions)
City of Santa Clara Printed on 10/18/2024Page 2 of 2
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City of Santa Clara Resolution/Approve Conflict of Interest Code Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARA, CALIFORNIA AMENDING THE CONFLICT OF
INTEREST CODE FOR DESIGNATED CITY POSITIONS AS
REQUIRED BY THE POLITICAL REFORM ACT AND
REGULATIONS OF THE FAIR POLITICAL PRACTICES
COMMISSION
WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000 et seq., requires certain public agency officials and employees to file economic disclosure forms ("Form 700") and abstain from making or participating in governmental decisions which have a reasonably foreseeable material effect on an economic interest; WHEREAS, the Political Reform Act requires the City to adopt a local conflict of interest code that enumerates specific official and employee positions other than those specified in Government Code § 87200 which involve making or participating in making decisions which have a reasonably foreseeable material effect on an economic interest, and to designate for each position the types of investments, business positions, interests in real property and sources of income which are reportable based on the scope of the decision-making authority of the position;
WHEREAS, the City Council has adopted a Conflict of Interest Code in compliance with the provisions of the Political Reform Act; and,
WHEREAS, the City Council has reviewed and considered administratively suggested changes to the listing of designated positions of City officials and employees, along with assigned disclosure categories, in the Conflict of Interest Code.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City of Santa Clara Conflict of Interest Code, attached hereto and incorporated herein by reference, is hereby adopted and includes the following:
(a) The Political Reform Act, Government Code Sections 81000 et seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes.
City of Santa Clara Resolution/Approve Conflict of Interest Code Page 2 of 2 Rev: 7/27/2023
The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs.
Section 18730, which contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A in which officials and employees are designated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Santa Clara, which is considered the agency within the purview of this code. The Conflict of Interest Code of the City of Santa Clara so adopted amends and replaces any Conflict of Interest Code of the City of Santa Clara previously in effect to conform to this newly adopted code.
(b) Designated officials, employees, and consultants shall file statements of economic interests with the Assistant City Clerk, who shall be and perform the duties of filing officer for the City of Santa Clara.
2. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 22nd DAY OF OCTOBER, 2024, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABTAINED: COUNCILORS:
ATTEST: _______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
Attachments incorporated by reference: CITY OF SANTA CLARA
1. Conflict of Interest Code with Appendices A and B
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Governing Bodies/Commissions Disclosure Category
Mayor 1
City Councilmembers 1
Civil Service Commission 1
Cultural Commission 1
Bayshore Project Enhancement Authority 1
Board of Library Trustees 1
Deferred Compensation Committee 1
Housing Authority 1
Housing Rehabilitation Loan Committee 1
Industrial Development Authority 1
Joint Financing Authority 1
Oversight Board for Successor Agency to the City of
Santa Clara Redevelopment Agency
1 Planning Commission 1
Public Facilities Financing Corporation 1
Parks and Recreation Commission 1
Salary Setting Commission 1
Sports and Open Space Authority 1
City Department
City Attorney’s Office
Assistant City Attorney 1
Chief Assistant City Attorney 1
City Attorney 1
Deputy City Attorney 1
Legal Executive Assistant 1
Risk Manager 1
City Clerk’s Office
Assistant City Clerk 1
City Clerk 1
Deputy City Clerk 1
City Manager’s Office
Assistant City Manager 1
Assistant to the City Manager 1
Chief Operating Officer 1
City Manager 1
Communications & Outreach Manager 1
Consultant 1
Deputy City Manager 1
Development Project Manager 1
Director of Economic Development & Sustainability (Deputy City Manager)
1 Executive Assistant to the City Manager 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Management Analyst 1
Public Information Officer 1
City Department Disclosure Category
Community Development
Assistant Director of Community Development 1
Assistant Planner I 1
Assistant Planner II 1
Associate Planner 1
Building Official 1
Code Enforcement Officer 1
Development Review Officer 1
Director of Community Development 1
Housing Development Officer 1
Inspection Manager 1
Management Analyst 1
Plan Review Manager 1
Planning Manager 1
Principal Planner 1
Senior Planner 1
Finance
Accounting Division Manager 1
Assistant Director of Finance 1
Budget Manager 1
Budget and Treasury Division Manager 1
Contracts Manager 1
Director of Finance 1
Management Analyst 1
Municipal Services Division Manager 1
Principal Accountant 1
Principal Financial Analyst 1
Senior Management Analyst 1
City Auditor’s Office
Audit Manager 1
City Auditor 1
Management Analyst 1
Fire
Assistant Fire Marshal 1
Battalion Chief 2
Deputy Fire Chief 1
Deputy Fire Marshall 1
Fire Chief 1
Fire Marshall 1
Fire Protection Engineer 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Fire Protection Specialist 1
City Department Disclosure Category
Human Resources
Assistant Director of Human Resources 1
Director of Human Resources 1
Human Resources Division Manager 1
Management Analyst 1
Risk Manager 1
Information Technology
Dir. of Information Technology/Chief Information
Officer
1 Information Technology Service Manager 1
Senior Information Technology Services Manager 1
Library
Assistant City Librarian 1
City Librarian 1
Library Division Manager – Support Services 1
Management Analyst 1
Mayor and Council Office
Executive Assistant to Mayor and City Council 1
Parks and Recreation
Cemetery Operations Manager 2
Deputy Parks & Recreation Director 1
Management Analyst 1
Parks & Recreation Director 1
Parks Construction, Maintenance & Repair Supervisor
Manager
4 Recreation Manager 1
Police
Assistant Police Chief - Sworn 1
Communications Operations Manager 1
Management Analyst – Non-Sworn 1
Police Captain - Sworn 3
Police Chief - Sworn 1
Police Records Manager – Non-Sworn 1
Public Works
Assistant Director of Public Works /City Engineer 1
Building Maintenance Manager 2
Code Enforcement Officer 1
Code Enforcement Technician 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Compliance Manager 1
Deputy Public Works Director 1
City Department Disclosure Category
Public Works Cont’d
Director of Public Works 1
Environmental Programs Manager 1
Fleet Manager 1
Management Analyst 1
Principal Engineer 2
Principal Planner 1
Public Works Inspector 2
Senior Engineer 2
Transportation Manager 2
Water and Sewer
Assistant Director of Water & Sewer Utilities 1
Compliance Manager 1
Director of Water & Sewer Utilities 1
Management Analyst 1
Principal Engineer – Water and Sewer 1
Senior Administrative Analyst 1
Utility Systems Business Systems Manager 1
Utility Operations Engineer 1
Water and Sewer Operations Manager 1
Water and Sewer Superintendent 1
Silicon Valley Power
Acting Electric Division Manager 1
Acting Assistant Director of Electric Utility 1
Chief Electric Utility Officer 1
Compliance Manager 1
Electric Division Manager - Engineering 1
Electric Division Manager - Generation 1
Electric Division Manager - Operations 1
Electric Division Manager - Substations 1
Electric Division Manager – Transm Distrib 1
Electric Division Mgr-Mkt A & P 1
Electric Division Manager 1
Electric Program Manager 4
Electric Utility Chief Operation Operating Officer 1
Electric Utility Risk Control Analyst 1
Power System Scheduler/ Trader 1
Power Trader 1
Principal Electric Utility Engineer 1
Principal Power Analyst 1
Principal Utility Information Systems Manager 4
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Senior Power System Scheduler/Trader 1
Senior Electric Division Manager 1
Other
Consultant/New Positions* 1
As defined in 2 Cal. Code of Regs. Section 18700.3, as may be amended from time to time, "Consultant" means an individual who, pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or s imilar authorization or entitlement;
4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
5. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;
6. Grant agency approval to a plan, design, report, study, or similar item;
7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Code Sect ion 87302.
*Consultants/New Positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: the City Manager may determine in writing that a particular consultant or new position, although a “designated person” is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s or new position’s duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Sec. 81008)
APPENDIX B
MASTER LIST OF DISCLOSURE CATEGORIES
Category 1 - All designated employees in this category shall disclose all sources of income, investments, interests in real property, and business positions required to be disclosed of those public officials named in Government Code section 87200.
Category 2 - All designated employees in this category shall disclose all sources of income, investments and business entities in which the designated employee holds a management position if the business entity engages in land development; construction; the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing and other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.
Category 3 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the City of Santa Clara to provide services, supplies, materials, machinery or equipment.
Category 4 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee's department.
City of Santa Clara
Conflict of Interest Code
SECTION 1: CONFLICT OF INTEREST CODE – ADOPTED
The Political Reform Act, Government Code Sections 81000 et. Seq., requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard Conflict of Interest Code, which van be incorporated by reference and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Therefore, the terms of 2 Cal. Code of Reg. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix A in which officials and employees are designated and Appendix B in which disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Santa Clara, which is considered the agency within the purview of this code. The Conflict of Interest Code of the City of Santa Clara so adopted amends and replaces any Conflict of Interest Code of the City of Santa Clara previously in effect to conform to this newly adopted code.
SECTION 2: CONFLICT OF INTEREST CODE – STATEMENTS
Designated employees shall file statements of economic interests with the City of Clerk, who shall be and perform the duties of filing officer for the City of Santa Clara.
SECTION 3: SAVINGS CLAUSE
Any changes provided for in this conflict of interest code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other conflict of interest code; nor shall it affect any prosecution, suite, or proceeding pending or any judgment rendered in connection with any other conflict of interest code.
Appendix A: On file in City Clerk’s Office
Appendix B: Attached
City of
Santa Clara
The Center of What's Possible
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Governing Bodies/Commissions Disclosure Category
Mayor 1
City Councilmembers 1
Civil Service Commission 1
Cultural Commission 1
Bayshore Project Enhancement Authority 1
Board of Library Trustees 1
Deferred Compensation Committee 1
Housing Authority 1
Housing Rehabilitation Loan Committee 1
Industrial Development Authority 1
Joint Financing Authority 1
Oversight Board for Successor Agency to the City of
Santa Clara Redevelopment Agency
1 Planning Commission 1
Public Facilities Financing Corporation 1
Parks and Recreation Commission 1
Salary Setting Commission 1
Sports and Open Space Authority 1
City Department
City Attorney’s Office
Assistant City Attorney 1
Chief Assistant City Attorney 1
City Attorney 1
Deputy City Attorney 1
Legal Executive Assistant 1
Risk Manager 1
City Clerk’s Office
Assistant City Clerk 1
City Clerk 1
Deputy City Clerk 1
City Manager’s Office
Assistant City Manager 1
Assistant to the City Manager 1
Chief Operating Officer 1
City Manager 1
Communications & Outreach Manager 1
Deputy City Manager 1
Development Project Manager 1
Director of Economic Development & Sustainability
(Deputy City Manager)
1 Executive Assistant to the City Manager 1
Management Analyst 1
Public Information Officer 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
City Department Disclosure Category
Community Development
Assistant Director of Community Development 1
Assistant Planner I 1
Assistant Planner II 1
Associate Planner 1
Building Official 1
Code Enforcement Officer 1
Development Review Officer 1
Director of Community Development 1
Housing Development Officer 1
Inspection Manager 1
Management Analyst 1
Plan Review Manager 1
Planning Manager 1
Principal Planner 1
Senior Planner 1
Finance
Accounting Division Manager 1
Assistant Director of Finance 1
Budget Manager 1
Budget and Treasury Division Manager 1
Contracts Manager 1
Director of Finance 1
Management Analyst 1
Municipal Services Division Manager 1
Principal Accountant 1
Principal Financial Analyst 1
Senior Management Analyst 1
City Auditor’s Office
Audit Manager 1
City Auditor 1
Management Analyst 1
Fire
Assistant Fire Marshal 1
Battalion Chief 2
Deputy Fire Chief 1
Deputy Fire Marshall 1
Fire Chief 1
Fire Marshall 1
Fire Protection Engineer 1
Fire Protection Specialist 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
City Department Disclosure Category
Human Resources
Assistant Director of Human Resources 1
Director of Human Resources 1
Human Resources Division Manager 1
Management Analyst 1
Information Technology
Dir. of Information Technology/Chief Information
Officer
1 Information Technology Service Manager 1
Senior Information Technology Services Manager 1
Library
Assistant City Librarian 1
City Librarian 1
Library Division Manager – Support Services 1
Management Analyst 1
Mayor and Council Office
Executive Assistant to Mayor and City Council 1
Parks and Recreation
Cemetery Operations Manager 2
Deputy Parks & Recreation Director 1
Management Analyst 1
Parks & Recreation Director 1
Parks Construction, Maintenance & Repair Manager 4
Recreation Manager 1
Police
Assistant Police Chief - Sworn 1
Communications Operations Manager 1
Management Analyst – Non-Sworn 1
Police Captain - Sworn 3
Police Chief - Sworn 1
Police Records Manager – Non-Sworn 1
Public Works
Assistant Director of Public Works /City Engineer 1
Building Maintenance Manager 2
Code Enforcement Officer 1
Code Enforcement Technician 1
Compliance Manager 1
Deputy Public Works Director 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Public Works Cont’d Disclosure Category
Director of Public Works 1
Environmental Programs Manager 1
Fleet Manager 1
Management Analyst 1
Principal Engineer 2
Principal Planner 1
Public Works Inspector 2
Senior Engineer 2
Transportation Manager 2
Water and Sewer
Assistant Director of Water & Sewer Utilities 1
Compliance Manager 1
Director of Water & Sewer Utilities 1
Management Analyst 1
Principal Engineer – Water and Sewer 1
Senior Administrative Analyst 1
Utility Systems Business Manager 1
Utility Operations Engineer 1
Water and Sewer Operations Manager 1
Water and Sewer Superintendent 1
Silicon Valley Power
Electric Division Manager 1
Acting Assistant Director of Electric Utility 1
Chief Electric Utility Officer 1
Compliance Manager 1
Electric Division Manager - Engineering 1
Electric Division Manager - Generation 1
Electric Division Manager - Operations 1
Electric Division Manager - Substations 1
Electric Division Manager – Transm Distrib 1
Electric Division Mgr-Mkt A & P 1
Electric Division Manager 1
Electric Program Manager 4
Electric Utility Chief Operating Officer 1
Electric Utility Risk Control Analyst 1
Power System Scheduler/ Trader 1
Power Trader 1
Principal Electric Utility Engineer 1
Principal Power Analyst 1
Principal Utility Information Systems Manager 4
Senior Power System Scheduler/Trader 1
Senior Electric Division Manager 1
APPENDIX A
CITY OF SANTA CLARA CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS REQUIRED TO FILE
Other
Consultant/New Positions* 1
As defined in 2 Cal. Code of Regs. Section 18700.3, as may be amended from time to time, "Consultant" means an individual who, pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule, or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or s imilar authorization or entitlement;
4. Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;
5. Grant agency approval to a contract that requires agency approval and to which the agency is a party, or to the specifications for such a contract;
6. Grant agency approval to a plan, design, report, study, or similar item;
7. Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity participates in making a governmental decision as defined in Regulation 18702.2 or performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code under Government Code Sect ion 87302.
*Consultants/New Positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: the City Manager may determine in writing that a particular consultant or new position, although a “designated person” is hired to perform a range of duties that are limited in scope and thus is not required to comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant’s or new position’s duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Sec. 81008)
APPENDIX B
MASTER LIST OF DISCLOSURE CATEGORIES
Category 1 - All designated employees in this category shall disclose all sources of income, investments, interests in real property, and business positions required to be disclosed of those public officials named in Government Code section 87200.
Category 2 - All designated employees in this category shall disclose all sources of income, investments and business entities in which the designated employee holds a management position if the business entity engages in land development; construction; the provision of architectural, engineering or other services in connection with construction; the manufacture or sale of electrical, plumbing and other products used in construction; the acquisition or sale of real property or financing of land acquisition, development or construction.
Category 3 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the City of Santa Clara to provide services, supplies, materials, machinery or equipment.
Category 4 - All designated employees in this category shall disclose all sources of income, investments, and business entities in which the designated employee holds a management position if the business entity is of the type which contracts with the designated employee's department.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-871 Agenda Date: 10/22/2024
REPORT TO COUNCIL
SUBJECT
Action on the FY 2023/24 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as Presented by the SCTID Owner’s Association
COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development
BACKGROUND
The Santa Clara Tourism Improvement District, initially formed in 2005 pursuant to the Parking and Business Improvement Law of 1989, includes 11 hotels near the Santa Clara Convention Center: AC Hotel Santa Clara, Avatar Hotel Santa Clara, Delta Hotels Santa Clara Silicon Valley, Embassy Suites by Hilton Santa Clara Silicon Valley, Hilton Santa Clara, Hyatt Centric Santa Clara Silicon Valley, Hyatt House Santa Clara, Hyatt Regency Santa Clara, Santa Clara Marriott, and TownPlace Suites San Jose Santa Clara.
On May 25, 2021, at the request of the lodging businesses, City Council, pursuant to the Property and Business Improvement District Lay of 1994 (1994 Law), Streets and Highways Code Section 36600 et seq. approved Resolution No. 21-8694 establishing the Santa Clara Tourism Improvement District (SCTID) to fund sales and marketing efforts for convention and group business travel.
The SCTID was formed for a five-year term, July 1, 2021 - June 30, 2026, and the assessment method for collections was changed from $1.00 occupied room night to 1.5% of gross short-term (30 days or less) room rentals (10 or more) for FY 2021/22. On June 6, 2022, City Council actions included support for the Silicon Valley/Santa Clara DMO, Inc.'s proposed SCTID assessment increase from 1.5% to 2.0% which went into effect July 1, 2022.
Per the SCTID's Management District Plan, the Silicon Valley/Santa Clara DMO, Inc. dba Discover Santa Clara® (the DMO) serves as the SCTID Owner's Association and is responsible for managing the affairs of the SCTID as well as implementing activities and programs as outlined in the Management District Plan. The DMO has an active contract with the City to provide destination marketing services through June 30, 2026.
DISCUSSION
Pursuant to Section 36650 of the Streets and Highways Code, the Owner’s Association is required to file an Annual Report to the clerk that includes the following:
· Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district; · The improvements, maintenance, and activities to be provided for that fiscal year; City of Santa Clara Printed on 10/18/2024Page 1 of 3
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· An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year;
· The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year; · The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
· The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
The Annual Report was approved by the DMO Board on October 1, 2024. Staff is transmitting the SCTID’s Annual Report to the City Council for compliance with the 1994 Law. It should be noted that for added transparency for the benefit of Council and the public, the DMO Annual Report provides detailed information (including line-item detail of the FY 2024/25 Annual Budget) which are beyond the requirements of Section 36650.
The report is organized as follows:
1. Accomplishments: The FY 2023/24 accomplishments are listed.
2. Boundary: There are no proposed changes to the Santa Clara Tourism Improvement District boundary.
3. Improvement and Activities: The improvements and activities planned for FY 2024/25 are consistent with the Management District Plan.
4. FY 2023/24 Financials: As of this writing, the DMO expended 82% of the Operating Budget.
The detailed financial report is included as Appendix A in the Annual Report.
5. Key Performance Indicators (KPIs): Results of the FY 2023/24 KPIs are reported.
6. Cost: Provides the budgeted cost for each DMO Program for FY 2024/25. The FY 2024/25 Operating Budget is $3.6 million which is approximately a 17% or $512,666 increase from the FY 2023/24 Operating Budget. The increase in operating costs are mostly attributed to the addition of two FTE (mid-year hiring) to support expanding sales and marketing efforts, and increases in the areas of client support services (i.e. FAM trips, client events and activations), travel and attendance (i.e. increasing visibility at industry conferences and tradeshows), contract services and marketing (i.e. the creation of a Visitors Guide and a new website design). For additional background and detail, the full line-item budget, that was approved by the DMO Board, is included as Appendix B in the Annual Report.
7. Surplus and Other Funding: The surplus includes SCTID collections that have been carried over from previous years.
The City Council may approve the report as filed or may modify any particular contained in the report (e.g., addition of clarifying language, cost) and approve it as modified. Any proposed modification to the district plan itself must be made after a noticed public hearing on such proposed changes pursuant to the procedures set forth in Sections 36635 and 36636 of the CA Streets and Highways Code.
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 City of Santa Clara Printed on 10/18/2024Page 2 of 3
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fiscal activity that does not involve any commitment to any specific project with may result in a potential significant impact on the environment.
FISCAL IMPACT
The City receives 2% of the amount from the assessment collected to cover its costs of collection and administration. Of the FY 2024/25 projected revenue of $2.6 million, the City would receive $52,000.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the Finance Department.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] < mailto:[email protected]> or at the
public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve the FY 2023/24 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as presented by the SCTID Owner’s Association.
Reviewed by: Chuck Baker, Assistant City Manager
Approved by: Jōvan Grogan, City Manager
ATTACHMENTS
1. Santa Clara Tourism Improvement District FY 2023/24 Annual Report City of Santa Clara Printed on 10/18/2024Page 3 of 3
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Discover Santa Clara® FY 2023/24 Annual Report Page 2 of 56 FY 2023/24 Annual Report
THINK BIG. LOOK FORWARD. September 24, 2024
Santa Clara
Tourism Improvement
District
DISCOVER
A
Discover Santa Clara® FY 2023/24 Annual Report Page 3 of 56
TABLE OF CONTENTS
SILICON VALLEY/SANTA CLARA DMO, INC. BOARD OF DIRECTORS ............................... 4 LETTER FROM THE CEO ....................................................................................................................................... 5 DISCOVER SANTA CLARA® CULTURE STATEMENT ........................................................................ 6 ORGANIZATIONAL SUCCESS: TEAM ACHIEVEMENTS & INDUSTRY ACCOLADES . 6 FISCAL YEAR 2023/24 ACCOMPLISHMENTS...................................................................................... 6 Convention Sales, Incentives and Services .......................................................................... 6 Marketing & Communications ....................................................................................................... 11 Administration and Operations ................................................................................................... 17 BOUNDARY ................................................................................................................................................................ 20 ENHANCEMENTS, INITIATIVES, AND FUTURE FOCUS ..................................................................21 FY 2023/24 FINANCIALS.................................................................................................................................. 26 KEY PERFORMANCE INDICATORS (KPIs) ............................................................................................ 27 COST .............................................................................................................................................................................. 30 ASSESSMENT ............................................................................................................................................................ 32 SURPLUS AND OTHER FUNDING ................................................................................................................. 34 Appendix A – FY 2023/24 Financial Report .................................................................................... 35 Appendix B – FY 2024/25 Operating Budget ................................................................................ 40 Appendix C – Assessed Businesses ..................................................................................................... 43 Appendix D – Visual Gallery of Sales & Marketing Success .............................................. 44
Discover Santa Clara® FY 2023/24 Annual Report Page 4 of 56
SILICON VALLEY/SANTA CLARA DMO, INC. BOARD OF DIRECTORS
Catherine Lentz
Chair
Forty Niners Stadium
Management Co.
Kelly Carr
Vice Chair / Treasurer
OVG360
Christine Lawson
Secretary/Ex-Officio
Discover Santa Clara®
Chuck Baker
Ex-Officio
City of Santa Clara
Nadine Nadar
Board Member
City of Santa Clara
Barb Granter
Board Member
California’s Great America
Lorne Ellison
Board Member
Levy Restaurants
Erin Henry
Board Member
Hyatt Regency Santa Clara
Billy Mendez Moreno
Board Member
Delta Hotel,
Santa Clara – Silicon Valley
Discover Santa Clara® FY 2023/24 Annual Report Page 5 of 56
LETTER FROM THE CEO
On behalf of the entire Discover Santa Clara® team, I am proud to present our Annual Report for FY 2023/24. Reflecting on this past year, I am filled with pride for the progress we have made, despite navigating a landscape marked by evolving challenges and heightened competition.
Our efforts to reintroduce Santa Clara as a premier destination for meetings, conventions, and events have shown significant promise. By focusing on building robust relationships and securing strategic partnerships, we have successfully positioned our city to seize key opportunities in a highly competitive market. This year, we not only expanded our team but also strengthened our strategies to ensure Santa Clara continues to rise as a vibrant and dynamic destination.
Among our key accomplishments, we successfully secured multiple P2 citywide events that will drive future economic impact. Our sales and marketing teams have worked tirelessly to elevate Santa Clara's profile, resulting in strong lead generation and event bookings. We also launched the ambitious Omnichannel Marketing Ecosystem Project, which will lay the foundation for our long-term marketing and communications efforts. This initiative is set to transform how we engage with visitors and stakeholders, further solidifying our city’s standing on the national stage.
As we look ahead to FY 2024/25, our goals are clear. We will continue to cultivate strategic partnerships, optimize our sales processes, and enhance our marketing initiatives to drive further growth. Our focus will remain on delivering high-impact results for our partners, stakeholders, and the Santa Clara community. We will also intensify our preparations for the world-class events, Super Bowl LX and FIFA World Cup, which our city will host in 2026.
I extend my heartfelt gratitude to our Board of Directors, SCTID hotels, OVG, Levy, city partners, and most of all, to the entire dynamic Discover Santa Clara® team for their unwavering passion, support, moxie, and dedication. Together, we are forging a path of sustained success, ensuring that Santa Clara remains a destination of choice for years to come.
Sincerely,
Christine Lawson
CEO
Discover Santa Clara® FY 2023/24 Annual Report Page 6 of 56 DISCOVER SANTA CLARA® CULTURE STATEMENT
Culture Statement Philosophy
In FY 2023/24 the team came together to create a culture statement that reflects our company/team identity and to serve as a compass for each team member to follow individually and collectively. Our culture statement is something that we can reference in how we work together and use to ensure that all that we do is in alignment with our core DNA as a team and organization.
Culture Statement
At Discover Santa Clara®, we foster a currency of trust, integrity, and unity as part of our shared team, partner, and customer journey. We are committed to work being a blend of hustle and fun, fueled by a dedication to high-performance and a belief that experimentation is the secret sauce for innovation. Personal accountability, authenticity, and feedback guide our actions. Our sense of community extends beyond the four walls of our office to include our partners, clients, and our communities.
ORGANIZATIONAL SUCCESS: TEAM ACHIEVEMENTS AND INDUSTRY ACCOLADES • CEO honored as being one of the Top 100 Women of Influence of 2024 in Silicon Valley by the Silicon Valley Business Journal.
• CEO presented with the “Visionary Leader” award from Smart Meetings. • CEO participated in the annual Future of Santa Clara event panel. o Participated with representatives from the Bay Area Host Committee, Silicon Valley Central Chamber, Levi’s® Stadium, and The Earthquakes.
• CEO became a Board Circle Level Member of the U.S. Travel Organization. • Director of Marketing named one of the 40 Under 40 2024 recipients by the Silicon Valley Business Journal.
• Director of Marketing was asked and participated in the Silicon Valley Business Journal’s Annual Mentorship Monday.
• Director of Marketing was invited to join the Board of Directors for Santa Clara’s Triton Museum.
FISCAL YEAR 2023/24 ACCOMPLISHMENTS BY PROGRAM
Convention Sales, Incentives and Services
This fiscal year marked a pivotal chapter for the Discover Santa Clara® (DMO) Sales Team, as we solidified our structure with the strategic additions of a Director of Sales and a Sales Manager.
Despite the ongoing search for an additional Sales Manager, the team's transformation enabled the development and execution of a focused sales plan that positions Santa Clara as a premier destination for meetings and events.
Discover Santa Clara® FY 2023/24 Annual Report Page 7 of 56 Our concentrated efforts on client engagement, attendance at high-profile tradeshows, securing key partnerships, in addition to other sales initiatives laid a robust foundation and have set the stage for sustained growth and success.
Optimization of Sales Structure
• Successfully onboarded and oriented our new Director of Sales, Luz Chatman, who assumed the role on June 26, 2023, and Sales Manager, Sherry Bastani, who joined on September 18, 2023. Both seamlessly integrated into our team through comprehensive sessions with the DMO, Santa Clara Convention Center (Convention Center), SCTID Hotels, and partners, ensuring strong alignment for enhanced collaboration and productivity. • Appointed Marwa Abubakr, who was previously working with the DMO in a temporary capacity, as our full-time Manager of Data & Strategy on September 1, 2023. In this role, she oversees the CRM system and provides strategic insights, enhancing data-driven decision- making and optimizing efficiency for the Sales and Marketing teams. • In May 2024, our Director of Sales transitioned to San Francisco Travel. Consequently, we conducted a thorough search for a qualified replacement and have successfully identified a highly pedigreed candidate with prior DMO experience who will assume the role in July 2024.
• Continue interviewing candidates for the open Sales Manager position, which has been carried over to the FY 2024/25 budget. This additional role will enhance the Sales Team's strength and increase our capacity for client engagement and lead generation. • A strategic sales deployment plan and lead management process were developed to engage key and target markets, intended to drive business to Santa Clara while strengthening local sales efforts for nearby accounts. This initiative focuses on market segments such as technology, banking, and associations, successfully increasing business generation, enhancing market penetration, and raising awareness to benefit the city and its partners.
Strategic Industry Tradeshow & Conference Engagement
• The team strategically planned and actively participated in 20 important industry tradeshows and conferences during FY 2023/24. These events were selected to target crucial market segments for Santa Clara, including corporate groups, meetings, state and national associations, and the sports sector. Some of the notable shows attended include:
o TEAMS in Florida: Focused on the sports market.
o IMEX America in Las Vegas: The largest groups and meetings show in the U.S., encompassing multiple market segments.
o Helms Briscoe ABC Tradeshow in Las Vegas: Targeting group and meeting planners. o Meeting Planners International (MPI) Tradeshow: Catering to high-profile meeting planners.
o Holiday Showcase in Chicago: Targeting the national association market. o CalSAE’s Holiday Spectacular: Focused on the state association market.
Discover Santa Clara® FY 2023/24 Annual Report Page 8 of 56 o Connect Spring Marketplace: Targeting association and corporate meeting planners.
o Destinations International’s CEO Summit in Boston: Offering networking, educational seminars, and speakers addressing tourism trends.
The team’s diligent preparation for these shows involved coordinating booth displays, scheduling client appointments and the collaboration of Sales and Marketing to create a unified set of promotional materials and social media posts to generate pre-show buzz.
This encompassed designing the booth layout, creating attention-grabbing sales banners, crafting market-specific sales sheets, developing client blogs, sending targeted pre/post-show emails, and organizing client giveaways to elevate our event presence and enhance post-event engagement.
• CEO and Director of Sales participated in key industry conferences, including the Destination International Annual Convention in Dallas and the Smart Meetings Conference in New York, expanding networking opportunities, gaining valuable industry insights, and increasing exposure for the DMO.
• Participated in client networking events, including NY Meet Sales Mission in partnership with SF Travel (February 2024), and MPINCC ACE Conference in San Francisco strengthening client relationships, and showcasing Santa Clara to key stakeholders. • Director of Sales attended the NorCal MPI reception in San Francisco, networking with new board members and strengthening industry connections.
• CEO and members of the Marketing team attended the Visit California Outlook Forum (March 2024) in Palm Springs. Visit California is the DMO for the state and provides insight into co-op opportunities and key tourism and economic trends. Attendance enabled us to enhance our engagement and exposure for Santa Clara and its partners. • Fiscal year-over-year lead generation from the DMO Cvent lead portal grew by 10% in FY 2023/24, resulting in 148 high-quality leads delivered to our partner hotels, OVG, and Levy.
Notably, P1 event leads increased by 263%, jumping from 8 to 29, while P2 leads saw a 56% increase, growing from 18 to 28. These gains are a direct result of our strategic sales and marketing initiatives.
Strategic Alliances, Client Engagement, and Industry Leadership
• Formed preferred sales and resource partnerships to support boosting city exposure, qualified lead generation, and enhancing access to client databases, events, and marketing opportunities.
o ConferenceDirect,
o HelmsBriscoe,
o U.S Travel Association,
o San Francisco Travel,
o Professional Convention Management Association (PCMA).
Discover Santa Clara® FY 2023/24 Annual Report Page 9 of 56 • Partnered with Levi’s® Stadium Event Services team.
o CEO collaborated with Director of Levi’s® Stadium Event Services, Catherine Lentz, in conducting a strategic team meeting to identify opportunities for joint client events and lead exchange, enhancing partnership and client penetration. o Collaborated on joint North America Trailer Dealers Association (NATDA) client event, enhancing exposure and lead generation for Santa Clara. The event generated four leads for the DMO as a result.
• To maintain prospecting momentum during the vacancy of our Sales Manager position, we partnered with Baronfeld Consulting Group in February 2024. This collaboration significantly boosted our outreach, connecting with 7,800 clients and uncovering 80 promising group opportunities. Through weekly progress calls, we requalified previous accounts and built a robust database of over 600 target accounts for future business.
Given the partnership's success, we will continue working with Baronfeld Consulting Group through FY 2024/25.
• Secured an agreement with ZoomInfo for targeted sales prospecting, enhancing lead generation capabilities with access to verified contact information and advanced segmentation tools, enabling targeted outreach to key decision-makers. The tool enables the team to search and segment as follows:
o By job title and function,
o By company type and industry,
o Narrow in on specific company locations.
• The CEO engaged in several site inspections alongside NFL, FIFA, and Bay Area Host Committee (BAHC) team members to prepare for Super Bowl LX and the FIFA 2026 Games.
The objective was to secure guestroom blocks with our SCTID partner hotels and establish Santa Clara as a premier destination for major international events. • Conducted multiple high-profile site inspections with potential clients to secure P1 and P2 groups, demonstrating Santa Clara’s capacity to host major events and attracting significant business opportunities.
• Coordinated a successful client breakfast event with Visit Salt Lake City, fostering valuable partnerships and showcasing Santa Clara to ten prominent corporate meeting planners, resulting in potential new business opportunities.
• Hosted the Bay Area Travel Writers Group in February 2024 at the Convention Center, resulting in positive media coverage and articles that enhanced Santa Clara's visibility and reputation, while effectively showcasing the city’s attractions to top local consumer travel writers.
• CEO joined panelists from the Bay Area Host Committee, Levi’s® Stadium, the Chamber of Commerce, and the Earthquakes at "The Future of Santa Clara" event to discuss Super Bowl 60 and FIFA 2026.
• The Sales Team collaborated with Team San Jose for a meeting with the San Jose Sports Authority to build relationships and explore future business opportunities. • CEO and Director of Marketing presented to the Silicon Valley Central Chamber of Commerce Board of Directors meeting.
Discover Santa Clara® FY 2023/24 Annual Report Page 10 of 56 • The CEO met with the CEO of the Silicon Valley Central Chamber of Commerce to establish rapport and explore ongoing collaboration strategies to maximize opportunities for the City.
• Director of Sales, provided comprehensive overview of the DMO at the 2023 Annual San Francisco Travel Sales Meeting, showcasing the destination and our new partnership. • The CEO and Marketing team attended Visit Oakland's Restaurant Week Industry Night Kick-off Event, gaining valuable networking opportunities, including establishing a partnership with Vibemap (Refer to Marketing section, page #11), and gathered insights for planning our own Restaurant Week in the future.
Data-Driven Strategies and Sales Process Enhancement
• Acquired Cvent BI Report Stack to gain deeper insights into primary business segments, group lead statistics, and the competitive landscape, supporting more informed decisions regarding resource and budget allocation.
• Developed a Business Development Fund Scoring Matrix for systematic fund allocations, ensuring fair and strategic distribution of resources to citywide groups, optimizing return on investment.
• Collaborated with the Marketing Team to improve the DMO’s Sales Pitch Deck, enhancing presentation quality with the goal of ensuring delivery of a compelling and consistent message to potential clients.
• Collaborated with our former consultant, Jones Lang LaSalle (JLL), to perform a CRM and Sales File Audit for both the DMO and the Convention Center. This audit was conducted to assess the effectiveness and compliance of existing procedures while identifying opportunities for enhancing customer file management.
SCTID Hotel Support
• Bi-monthly DMO and Partner Hotel Director of Sales Meetings. Hosted meetings where the DMO shared updates on current activities, strategies, and future plans. These sessions have been highly productive, allowing us to present trends and data gathered from industry tradeshows and collaborate on innovative ways to secure business for Santa Clara. • Monthly SCTID General Manager Meetings. SCTID meetings with hotel partner General Managers, like the Director of Sales meetings, provide a platform to report on DMO activities and future focus. The goal is to foster more dynamic discussions on partner hotel needs and strategies that will enhance economic impact for the city. • Client Site Inspections. Collaborate with partner hotel sales teams to conduct on-site inspections for both current and potential groups, including arranging accommodations at our hotels to showcase the properties. This fosters a unified partnership and facilitates strategic discussions on the best approach to securing new business.
Discover Santa Clara® FY 2023/24 Annual Report Page 11 of 56 Marketing & Communications
This fiscal year, marketing efforts have made significant strides in establishing the city as a vibrant and sought-after destination. Throughout the year, the team launched transformative initiatives that capture Santa Clara's essence, strategically supporting sales efforts and celebrating the dynamic businesses and events that define the city's appeal.
Notably, we have successfully initiated the Omnichannel Marketing Ecosystem Project, including the selection of Madden Media as our marketing partner, and have made substantial progress in areas such as strategic positioning and branding, content production, SEO enhancements, website development, and the creation of a new Visitor's Guide.
Our achievements in content marketing, social media, and public relations have been instrumental in positioning Santa Clara as a premier destination, showcasing our collaborative efforts with key stakeholders and partners. As the fiscal year concludes, we remain prepared and enthusiastic about building on these successes in the months ahead. • Omnichannel Marketing Ecosystem Project
The Omnichannel Marketing Ecosystem project marks a pivotal initiative for the DMO. After an extensive RFP process, Madden Media was selected as our marketing partner, and following the Board of Directors' ratification, we officially launched this project on March 19, 2024. The partnership is focused on developing a comprehensive marketing strategy that includes a brand positioning meeting, creating a library of rich photography and videography, a website redesign, and the creation of the first ever Santa Clara Visitors Guide, all designed to engage and inspire potential visitors. Madden Media has conducted extensive stakeholder research, including a Santa Clara immersion trip, and leveraging analytics tools like Google and Adobe Analytics to refine our strategic direction. To ensure a rich and dynamic online presence, we are integrating VibeMap with our Simpleview CRM to automate the update of business and event listings, making our website a vital resource for visitors. This project is poised to elevate Santa Clara’s brand, ensuring an impactful digital footprint that resonates with our audience.
o Positioning Meeting. Hosted a positioning meeting with a diverse group of attendees to unveil the initial draft of the positioning statement and brand campaign.
Feedback from stakeholders was positive and significantly influenced the final deliverables. Madden Media completed and delivered the positioning statement, brand voice, headlines, taglines, sample ads, and elevator pitches for the DMO’s use to effectively represent our destination and business. (Refer to Appendix item O1). o Photography and Videography. Madden Media conducted an asset review of the DMO's existing photos and identified a need for additional lifestyle images. A comprehensive photo and video shoot was completed, involving location selection, talent sourcing, and wardrobe planning. The shoot spanned two days and included key locations such as K1 Speed, Great America, and Santa Clara Square, among others (Refer to Appendix item O2).
Discover Santa Clara® FY 2023/24 Annual Report Page 12 of 56 Additionally, a one-day drone shoot captured aerial footage of prominent sites like the Santa Clara Convention Center and Great America Parkway. o Search Engine Optimization (SEO) Audit and Optimization Strategy. The Madden Media SEO team conducted a thorough performance review and audit of the DMO’s website, leading to optimization recommendations and new content plans. They provided SEO training to the DMO Marketing team, introducing tools like Google Natural Language AI for better content creation (Refer to Appendix item O3). o Website Redesign. The DMO and Madden Media developed a comprehensive website brief outlining key goals and objectives, leading to a finalized Statement of Work (SOW). A layout and wireframe were approved, guiding the website's development. Additionally, the Design team is creating an illustrated Santa Clara Neighborhoods map with interactive features for use online and in the Visitor’s Guide (Refer to Appendix item O4).
o Visitor’s Guide. The development, production, and distribution of the Visitor's Guide are on track, with a finalized schedule and editorial content focusing on Silicon Valley Tech Tours, The Taylor Swift Effect, local neighborhoods, and Super Bowl LX and FIFA World Cup in 2026. The distribution plan targets key locations, including all 23 California Welcome Centers and major airports like Oakland, San Jose, and Las Vegas, with special drops to 146 San Jose/Santa Clara hotels and the 11 SCTID hotels.
The advertising campaign has been launched, featuring a finalized rate card and monthly in-market meetings with prospective advertisers (Refer to Appendix item O5).
• Content Marketing Update
This fiscal year, our LinkedIn, Facebook, and Instagram channels collectively garnered an impressive 6,521,553 impressions, with 4,847,821 of those coming from organic efforts. The marketing team leverages these platforms, alongside our blog and email marketing, to communicate diverse messaging and campaign objectives as noted below. o Instagram. Our Instagram strategy targets leisure travelers by showcasing Santa Clara’s top restaurants, hotels, attractions, and events through a mix of organic and curated content from local creators and influencers. Over the past fiscal year, our followers grew by 216% from 4,432 to 14,009, with 4,748,940 impressions across 186 posts. This content garnered 381,089 interactions, including 195,216 likes, 49,553 saves, 54,685 comments, and 81,635 shares. To build on this success, we will continue leveraging influencer partnerships and focus on creating engaging, shareable content (See Appendix items C1).
LinkedIn. LinkedIn is a key channel for the DMO targeting tourism and travel professionals, particularly meeting and event planners. Our content is tailored for planners and partners, highlighting key events, Santa Clara travel trends, and office culture, while featuring our staff and industry partners at various conferences.
The DMO’s LinkedIn presence has seen remarkable growth, with followers increasing from 281 to 1,198—a 326% rise. With over 121 posts, the account garnered 207
comments, 82 reposts, and 66,400 organic impressions, along with 1,287,043 sponsored impressions, totaling 1,353,443 impressions.
Discover Santa Clara® FY 2023/24 Annual Report Page 13 of 56 Organic content performed strongly, achieving 7,102 clicks with a 6.20% Click-through rate (CTR) and a 10.60% engagement rate, far surpassing the industry average of 1.1%.
These metrics reflect our content's strong resonance with the audience, driving significant interaction and traffic.
o Facebook. Our Facebook strategy, blending LinkedIn's professional focus with Instagram's appeal to leisure travelers, has achieved exceptional results, increasing followers by 13,768%, from 22 to 3,049. With 63 posts, the page generated 1,222 reactions, 85 shares, 18,596 clicks (including 8,334 link clicks), and 419,170 total impressions (32,481 organic and 386,689 paid). The average engagement rate of
5.30% far surpasses typical Facebook benchmarks. The successful blend of organic and paid content has driven strong engagement and reach. o Email Newsletter. This fiscal year, we expanded our email list from 4,432 to 13,736, representing a 210% increase. Through 24 targeted email newsletters, we sent 142,000 emails (139,750 delivered), reaching an 11.77% open rate and a 4.11% click-to- open (CTO) rate. These campaigns effectively engaged our audience, promoted Santa Clara as a premier destination, and supported tradeshow initiatives by targeting meeting and event planners. Our strategic approach has strengthened connections with past and potential visitors, laying a strong foundation for future growth and continued promotion of Santa Clara.
o Social Media Influencer Parties. The DMO successfully collaborated with social media influencers leading to the launch of organized Influencer Parties to enhance our reach and exposure. Introduced toward the end of the fiscal year, these gatherings were focused on strengthening relationships with local social media influencers and increasing awareness of our hotel partners, aligned with specific campaign goals.
o Hilton Influencer Party (April 2024). Hosted a country-themed influencer event with Hilton Santa Clara, coinciding with Luke Combs' concert at Levi’s® Stadium.
Influencers promoted Hilton’s Tailgate on event days, generating over 170K impressions, 5.5K likes, 1K comments, and 1.5K shares from 33 posts, demonstrating strong audience engagement. This success established a valuable influencer pipeline for future projects, ensuring ongoing promotion for Santa Clara (Refer to appendix item C2).
o Supported Marketing Efforts for Avatar Hotel Grand Opening (June 2024).
Supported the Avatar Hotel’s Grand Opening by collaborating with its corporate team to highlight key differentiators, drafting a press release, creating a popular Instagram Reel, and publishing a blog shared on LinkedIn and via email.
The DMO invited nine influencers, who generated nine Instagram reels, resulting in over 49K impressions, 810 likes, 301 comments, and 68 shares, driving significant engagement and boosting exposure for the hotel.
Discover Santa Clara® FY 2023/24 Annual Report Page 14 of 56 o Blogs. The Marketing team developed and published 32 blogs in the fiscal year and this content is among the best-performing on our website, driving significant traffic (Refer to Appendix item C3).
According to Google Analytics, the "Business Travel Guide Blog" is our top-viewed page with 9,614 views, followed by the "Events in Santa Clara" page at #4 with 4,481 views, "What’s New in Santa Clara" at #7 with 2,526 views (Refer to Appendix item C4).
Examples of Blog Content Produced:
• Monthly Event Roundup’s.
• Venue Hunting Demystified: The Event Planner's Playbook. • Santa Clara Business Travel Guide.
• IMEX 2023 Unleashed: Top 10 Tips to Conquer the Conference Chaos (Sales Tradeshow).
• TEAMS Conference: Our Top 3 Pre-Conference Game Plays (Sales Tradeshow). • 5 Athletic Facilities in Santa Clara You Might Not Know About! • Silicon Valley Tech Tour.
• Santa Clara Art Trail: Murals in Santa Clara.
• Santa Clara Getaway: A Family's Two-Day Itinerary.
• Santa Clara: A Host City for FIFA World Cup 2026.
• Avatar Hotel Santa Clara Unveiled.
• Discover Volaré Studios.
• Spooky Season in Santa Clara.
• Mexican Food Trail 2024.
• Savoring Santa Clara: Lee’s Sandwiches.
• Savoring Santa Clara.
• Santa Clara Korean Food Trail.
• AAPI-Owned Restaurants.
• Beyond Music: The Economic Symphony of Swift and Beyoncé's Tours in Santa Clara.
• SCTID Hotel Support
The DMO executed a comprehensive marketing strategy, including social media collaborations, influencer partnerships, and event activations. Highlights include Instagram collaborations and influencer engagements, which significantly boosted visibility and engagement for our hotel partners. Our content consistently outperforms that of the hotels, offering greater exposure.
Discover Santa Clara® FY 2023/24 Annual Report Page 15 of 56 Key initiatives included walkthrough videos, influencer-driven reels, and special activations for sporting and concert events at the AC, Avatar, Delta, Element, Embassy Suites, Hilton, Hyatt Centric, Hyatt House, Hyatt Regency, and Marriott Hotels. We also supported our 11 SCTID hotels with Public Relations (PR) efforts, including crafting and distributing a press release about Avatar Santa Clara to our media contacts, along with blog features and newsletters to enhance their visibility.
Examples of SCTID Hotel Support:
• AC Hotels. Received support through a hotel walkthrough video, Levi’s® Stadium - themed activations, and a 49ers Deebo Samuel signed helmet giveaway. • Element Hotel. Featured a Beyoncé-themed hotel activation. • Embassy Suites. Created hotel walkthrough video.
• Hilton Santa Clara. Was featured in a hotel walkthrough video and multiple Hilton TailG8 videos from various Levi’s® Stadium events, including performances by Ed Sheeran, Luke Combs, Beyoncé, and Taylor Swift.
• Hyatt Regency. Showcased the poolside staycation experience with influencer couple @thethicks, featuring their accounts @keziahbeautyco and @djthick. • Hyatt Centric. Created hotel walkthrough video.
• Hyatt House. Created hotel walkthrough video.
• Marriott Santa Clara. Highlighted the property through a walkthrough video showcasing its amenities, an Instagram reel promoting the holiday drink menu, and influencer support featuring reels of guest experiences.
• Convention Center and Levy Marketing Memorandum of Understanding (MOU). The DMO fulfilled its MOU for the fiscal year by delivering key marketing support for both businesses.
Project management and support included an MOU Project Update Log, a brochure for Levy's Teaching Kitchen, an escalator wrap for the Hydroponic Garden, and signage to enforce the non-outside food and beverage policy for the Convention Center. The DMO also promoted OVG's FrostyFest with a sizzle reel, targeted ads, and live event coverage.
• PR and Communications Achievements
o Silicon Valley Business Journal (SVBJ) | The Future of Santa Clara.
CEO Christine Lawson participated in the annual Future of Santa Clara event, which received extensive coverage in both print and digital editions of the Silicon Valley Business Journal. She spoke alongside representatives from the Bay Area Host Committee, Silicon Valley Central Chamber, Levi’s® Stadium and The Earthquakes (Refer to Appendix item PR2).
o Silicon Valley Business Journal (SVBJ) | Women of Influence. CEO Christine Lawson was honored as one of Silicon Valley's 100 most Influential Women, with recognition in both print and digital editions. To commemorate this recognition, we placed an advertorial in the Women of Influence issue, showcasing the DMO’s mission and achievements (Refer to Appendix item PR1).
Discover Santa Clara® FY 2023/24 Annual Report Page 16 of 56 o San Jose Mercury News | This Silicon Valley City has been named the “Swiftie Capital of the USA.” Santa Clara has been dubbed the "Swiftie Capital of the USA" by Casino.org, based on an analysis of Taylor Swift’s Eras Tour cities. The ranking considered Google searches, TikTok posts, and Swift-themed events. The San Jose Mercury News featured interviews with Mayor Lisa M. Gillmor and CEO Christine Lawson in their coverage of this accolade (Refer to Appendix item PR3). o Levi's® Stadium Concerts. Top-notch concert acts like Taylor Swift and Beyoncé drew substantial media and public interest, with Taylor Swift being named the honorary mayor and Beyoncé receiving the city's first-ever key.
To leverage this, the DMO partnered with the City to craft a compelling narrative and manage interview requests, resulting in widespread favorable media coverage. These included interviews featuring CEO Christine Lawson on major networks such as ABC7, KTVU2, Mercury News, CBS Bay Area, and others.
o Bay Area Travel Writers Meeting. CEO Christine Lawson secured Santa Clara as the host location for the February 2024 Bay Area Travel Writers Meeting of 15 consumer journalists.
o The Mercury News | Monthly Insights & Indicators Column. CEO Christine Lawson was featured, showcasing Santa Clara.
o The Mercury News | Local fans sack 49ers broadcasts for featuring shots of San Francisco instead of Silicon Valley. CEO Christine Lawson provided insights for a Mercury News article on the use of San Francisco b-roll footage during 49ers broadcasts instead of Silicon Valley
o Smart Meetings Magazine | Smart Moves. Sherry Bastani's appointment as Sales Manager was highlighted in Smart Meetings Magazine's "Smart Moves" section, both in print and online.
• Sales Collateral and Tool Development
o DMO Tradeshow Banners and Booth Décor. The Sales & Marketing Team collaborated to design the Discover Santa Clara® booth décor, capturing the vibrant essence of Santa Clara for key audiences.
o 2D Floor Plan Update and Capacity Chart. We improved our floor plans by correcting inaccuracies and incorporating detailed capacity chart data to make them more valuable for event planners.
o Sales Pitch Deck. Revamped our presentation, replacing stock imagery with high quality images of Santa Clara and strategically highlighting our key selling points. o Hotel One-Sheet. Developed a one-page sales tool containing vital details about our 11 SCTID hotels. It serves as a printed handout for trade shows and a digital version for event planner proposals, allowing customization for specific events. o Event Sales Presentation Folder. Received 5,000 copies of our Event Sales Presentation folder, detailing Santa Clara, the Convention Center, and local venues. It will be used for client proposals and is also available digitally for event planners.
Discover Santa Clara® FY 2023/24 Annual Report Page 17 of 56 o Sports Event Planning Guide. Received 2,500 copies of the Sports Event Planning Guide, to be used at events like the TEAMS Conference and as an addendum for sports planners. It highlights Santa Clara's top athletic amenities, including those at Santa Clara University, Mission College, Youth Soccer Park, Reed & Grant, and the Convention Center.
o DMO Logo ’ed Promotional Items. Designed and built an inventory of various promotional items for client gifts and tradeshow giveaways. Some examples of these items include pens, sports caps, notebooks, and candles (Refer to Appendix item E1).
Administration and Operations
The initiatives undertaken in FY 2023/24 not only reinforced our commitment to effective administration and operations for the DMO, but also positioned us for greater and more effective collaboration and success in the market. While there is still room to strengthen our operational foundation, we are well-prepared to continue evolving in this critical area.
• DMO Culture Statement. The team collaborated to create a culture statement that embodies the essence of the DMO's business philosophy and values. • DMO Reports: Completed and distributed the DMO’s FY 2023/24 Q1 - Q3 Reports to the Board of Directors and SCTID Hotel Partners.
• Annual Report. Completed the FY 2022/23 Annual Report, which was approved by the Board of Directors on August 10, 2023, and presented to the City Council on September 19, 2023.
• FY 2023/24 Budget. Successfully concluded FY 2023/24 with a seamless soft close, expending 82% of the total $3,052,730 budget, resulting in a projected expenditure of $2,505,019.
• FY 2023/24 Team Goals. Role-specific goals were thoughtfully crafted and communicated to each team member, ensuring that everyone is aligned and focused on achieving a diverse set of sales, marketing, and administrative KPIs critical to our organization's success. • FY 2024/25 Operating Budget. The FY 2024/25 Operating Budget was completed and presented to the Board of Directors, receiving approval on May 16, 2024. • Administrative Staffing. The Administrative Services Manager resigned in January 2024.
After filling the role, the new hire resigned after 90 days in June 2024. The search is ongoing to fill this critical position.
• Financial SOPs. Collaborated with Krisch and Company and City representatives to develop comprehensive Financial Standard Operating Procedures (SOPs), which were presented and approved by the Board of Directors in January 2024. These policies are part of a strategic initiative aimed at fostering greater financial independence for the DMO, ultimately allowing the City to transition out of its role as our fiscal sponsor. • Annual Review Process. Partnered with CPS HR Consulting to develop an innovative Annual Review format and process. Executed quarterly reviews and annual reviews which have helped to foster continuous improvement and development within the organization.
Discover Santa Clara® FY 2023/24 Annual Report Page 18 of 56 • Team Incentive Plans. An incentive plan for the Sales Manager role was developed and approved by the Board of Directors in December 2023. This plan was designed to serve as the foundation for creating tailored incentive plans for the Director of Sales and Director of Marketing, aligned with each role's specific goals. These incentive plans were delivered to the team and implemented in February 2024.
• Accounting Firm Transition. The DMO concluded its partnership with ArightCo, previously responsible for accounting services, and established a new partnership with Kirsch & Company for these services. This strategic decision was driven by the desire to leverage Kirsch & Company's broader expertise and more comprehensive service offerings, thereby enhancing our organization's ability to meet its evolving needs and objectives. • Revenue Reconciliation. Reconciled the revenue for 2019 through 2021 with the accounting firm of the Santa Clara Chamber of Commerce and secured approval from the City of Santa Clara for tax preparation and processing.
• Tax Forms and Filing. Reconciled the revenue for 2019 through 2021 with the accounting firm of the Santa Clara Chamber of Commerce and secured approval from the City of Santa Clara for tax preparation and processing by our tax preparers, PP&Co. • 401K Program: Launched and implemented a 401K Program, providing retirement benefits for all DMO staff.
• Corporate Business Credit Cards: Selected Bridge Bank as the preferred partner for acquiring DMO business credit cards for travel and entertainment needs. Transferred the account from Wells Fargo and received Board of Directors approval for the decision on August 17, 2023. This move streamlined financial operations and enhanced expense management.
• Travel & Entertainment Policy (T&E): Drafted and presented a T&E Policy to the Board of Directors, which was approved on September 27, 2023. This policy provided clear guidelines for managing travel and entertainment expenses, ensuring responsible and transparent spending.
• Strategic Offsites: Organized and conducted two Strategic Team Offsites in September 2023 and February 2024. The September meeting focused on team alignment, strategic planning, and goal setting for the upcoming fiscal year, while the February session centered on initial FY 2024/25 budget planning.
• DMO Future Booking Approach and Scope. Multiple discussions were held with the DMO, the new Assistant City Manager, the General Manager of the Convention Center and Levy to strategize on expanding the DMO's efforts to secure P1 and P2 groups, in addition to P3 groups generated through DMO sales initiatives. The goal is to implement this expanded approach in Q2 of FY 2024/25.
• Board Elections: Held DMO Board of Directors elections on October 19, 2023, ensuring strong governance and leadership for the organization, with new members bringing fresh perspectives and expertise.
• DMO City Council Meetings: Conducted one-on-one meetings with the Mayor, and four City Council Members to share DMO strategy, gain their insight and to foster open communication and relationships.
• Amended, renewed, and executed new DMO contracts.
Discover Santa Clara® FY 2023/24 Annual Report Page 19 of 56 • 2026 Special Events Activation Plan: The DMO has developed a draft Super Bowl LX and FIFA World Cup Activation Plan. We will continue refining the plan and preparing a budget for Board of Directors approval, while collaborating with the City of Santa Clara, SCTID hotels, and additional partners over the next 16 months to support execution. • Jones Lang LaSalle (JLL) Partnership. CEO successfully concluded the DMO’s partnership with the JLL consulting group in December 2023.
Discover Santa Clara® FY 2023/24 Annual Report Page 20 of 56
BOUNDARY
The Santa Clara Tourism Improvement District (SCTID) will encompass all lodging businesses with ten (10) or more rooms, both existing and future, which are available for public occupancy within a specified portion of the city of Santa Clara. The District’s boundaries, as outlined on the accompanying map, currently include eleven (11) lodging businesses, which are detailed in the Appendix. There are no proposed changes to the SCTID boundaries. One (1) lodging business has undergone a major renovation and is now under new management.
One of our SCTID hotel partners has undergone a change in ownership. The Avatar Hotel reopened in May 2024 as a Tapestry Collection by Hilton property, now located at 4200 Great America Pkwy, Santa Clara, CA 95054.
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Discover Santa Clara® FY 2023/24 Annual Report Page 21 of 56
ENHANCEMENTS, INITIATIVES, AND FUTURE FOCUS
Specific to strategic progress and future focus, we are proud to report that we successfully achieved nearly all the ambitious enhancements and goals outlined in our FY 2022/23 Annual Report. As we move into FY 2024/25, our initiatives align perfectly with the Management District Plan, with no proposed changes. Our priorities include executing a comprehensive Omnichannel Marketing Ecosystem Project, advancing an assertive client engagement strategy with targeted sales efforts, dynamic tradeshow participation, and impactful client interactions. We will implement high-impact sales and marketing tactics, capitalize on ad hoc opportunities, and strategically position ourselves for the Super Bowl LX and FIFA World Cup in 2026. Our goal is to amplify exposure, drive lead generation, and secure bookings for the city and our partners.
Below are the key highlights and focus areas for FY 2024/25, fully aligned with the Plan's activities and improvements.
Convention Sales, Incentives and Services
• Strengthen Sales Structure and Enablement Processes that Reinforce our Brand Narrative and Build Credibility within the Meeting Planning Community.
We will prioritize promptly filling all approved sales positions while refining sales and enablement procedures that solidify Santa Clara’s position as a premier meeting destination. By enhancing processes aligned with our goals and that showcase our strategic West Coast location, our objective is to make the city more approachable to planners nationwide. Leveraging our team’s expertise and personalized service, we will guide planners smoothly through each stage of the planning process, from initial contact to event completion. This includes, but is not limited to:
o Immediate Acknowledgment of Client Outreach. All client calls and RFP submissions will be acknowledged before the close of business, adhering to our "sundown rule" for timely responses.
o Expedited Proposal Turnaround. Minimum team goal is to deliver requested information and proposals within 48 business hours of receipt, with a target of achieving a 24-hour response time for an even faster client experience. o Immersive Site Inspections & Familiarization Experiences. We will design and deliver unique, immersive site inspections and familiarization trips (FAM’s) that highlight Santa Clara’s distinctive offerings. o Targeted Email Campaigns with Tailored Content. In collaboration with Marketing, we will launch strategic email campaigns with customized content to our key market segments, showcasing Santa Clara’s unique appeal. o DMO Increased Booking Scope. Work with OVG and Levy on crafting proposed increase in DMO scope to book P3 groups in addition to P1 + P2’s.
Discover Santa Clara® FY 2023/24 Annual Report Page 22 of 56
• Existing Account Penetration and Preferred Partnership Growth.
Prioritize strengthening relationships with existing accounts and newly established preferred partnerships to unlock and expand new business opportunities. o Optimize CRM and industry tools. Develop a targeted list of companies with high potential for engagement and business conversion.
o Engage Key Contacts. Collaborate with the Marketing Team to craft compelling email campaigns for key contacts, blending creativity with strategic messaging. o Strategic Prospecting. Utilize partnership with Baronfeld Consulting Group to identify, prioritize, and grade top-tier contracts, empowering partnership, and sales teams.
o Cultivate High-Potential Relationships. Build and strengthen connections with a minimum of 10 local/regional accounts poised for group business opportunities. o Strategic Preferred Partnership Conference Participation. Attend both HelmsBriscoe and Conference Direct’s annual conferences to solidify relationships with their preferred customer base, increase lead volume, and expand market presence.
o Promote Value-Added Offers. Launch third-party planner promotions that deliver enhanced value to both planners and end-users.
o Targeted Sales Trips. Execute strategic sales trips to key feeder markets, focusing on high-value corporate, association, and sports segments for the DMO and Santa Clara.
o Build Community. Develop and manage interactive LinkedIn groups for key third-party planners, facilitating ongoing dialogue and sharing relevant Santa Clara updates.
• Development and Implementation of an Aggressive Local and Regional Market Penetration Strategy Plan.
The goal is to cultivate strong relationships with local and regional accounts, securing business and enabling the team to achieve deeper account penetration both nationally and internationally where applicable.
o Map Out Key Local Markets and Accounts. Identify and target key market segments and accounts both locally and regionally that align with Santa Clara's offerings, focusing on those with potential group opportunities. o Leverage Existing Relationships. Enhance and grow relationships with existing local clients by leveraging current partner connections and offering tailored solutions with continuous engagement to foster repeat business and referrals. o Maximize Client Engagement with Strategic Local Events. Host impactful local account presentations and client events to showcase Santa Clara’s offerings, strategically leveraging events at Levi’s® Stadium to maximize exposure. o Offer Exclusive Local Promotions. Design exclusive promotions and/or packages for local businesses to encourage immediate bookings and deepen relationships. • Utilize Strategically Targeted Tradeshows and Sales Trips to Enhance Client Engagement and Collaboration to Drive Exposure and Lead Generation Across all Channels.
Discover Santa Clara® FY 2023/24 Annual Report Page 23 of 56
Actively participate in 23 strategically selected tradeshows and conferences in addition to planned sales trips targeting key market segments, maximizing the DMO’s visibility, lead generation and business opportunity influence.
o Coordinated Engagement Strategy. Sales and Marketing will collaborate to implement a unified multi-channel engagement strategy, effectively targeting attendees at every stage—pre-event, onsite, and post-event. o High-Impact Activations. Strengthen our presence at tradeshows and industry events through compelling activations that capture attention and drive engagement.
o Strategic Client Entertainment. Host impactful client entertainment activities during each tradeshow and sales trip to deepen relationships and secure business opportunities.
o Leverage Strategic Partnerships for Amplified Exposure. Deepen established strategic alliances with peer DMOs (e.g., SF Travel, Visit San Jose, and Visit California) and sales partnerships to amplify exposure and extend our reach at tradeshows and conferences, maximizing visibility and impact in key markets. o Optimize Tradeshow Follow-Up. Develop and implement a robust tradeshow and conference follow-up process to ensure that we capitalize on all contacts and opportunities.
• Unified DMO Team Execution of Major 2026 Special Events and Future Community Events Planning.
o Collaborative Finalization of 2026 Special Event Activation Plan. Engage with teams and partners to finalize the DMO’s diverse “Special Event Activation Plan” and budget, centered on executing impactful press communication and strategies for Super Bowl LX and FIFA World Cup 2026, solidifying Santa Clara’s status as a premier global destination.
o Kick-Off Planning for Innovative Community Engagement Events. Begin the planning process for developing and scheduling unique Santa Clara-themed events, such as Santa Clara Restaurant Week, designed to showcase the city’s vibrant offerings and boost both exposure and economic impact. While these events are scheduled for after the 2026 Super Bowl LX and FIFA World Cup, early pre-planning discussions are essential.
Marketing & Communications
• Implement the Omnichannel Marketing Ecosystem Project. o Website Launch. Ensure the new website is fully integrated with the latest SEO practices, including keyword optimization, mobile responsiveness, and streamlined navigation. Perform a soft launch for testing prior to the full implementation.
o Santa Clara Visitors Guide. Develop a comprehensive distribution plan for the Visitors Guide, including partnerships with local hotels, attractions, and digital platforms to maximize reach and impact.
Discover Santa Clara® FY 2023/24 Annual Report Page 24 of 56
• Strengthen Strategic Partnerships and Community Engagement. o SCTID Hotel Partner Projects. Collaborate on campaigns that showcase our SCTID hotel partners, measuring success through increased traffic to partner sites and event attendance.
o Sales Support. Create evergreen and tradeshow-specific marketing materials, tailored to the target audience and incorporating the latest trends in digital marketing and event promotion.
o Local Business Engagement. Strengthen and expand partnerships with local businesses, the City, and influencers, positioning the DMO as the primary resource for Santa Clara tourism.
• Optimize Marketing Operations and Reporting.
o Monthly Reporting. Enhance monthly reports with predictive analytics to forecast trends and inform decision-making, including recommendations for adjusting strategies in real-time.
o Budget Management. Establish a continuous budget review process that allows for adjustments based on campaign performance, ensuring all marketing expenses are thoroughly monitored and justified.
o Content Pillars. Leverage established content pillars to ensure all public-facing content aligns with our goals and effectively targets our key markets. o Hire and train a Marketing Coordinator. Define the DMO Marketing Coordinator’s roles and responsibilities, draft a job description, hire, and train a qualified candidate, and support their integration as a high-performing team member.
• Populate Owned Channels with Rich and Relevant Content. o Social Media. Create and post a minimum of two pieces of content, per platform per week.
o Website. Continue developing evergreen trails, itineraries, incorporating content recommendations from Madden Media, prioritizing SEO best practices to enhance discoverability on search engines and AI platforms. o Email Marketing. Maintain the monthly Event Round-Up email to the DMO's full subscriber list, and introduce an additional monthly email featuring blog content, such as trails and itineraries, to further engage and educate subscribers on the destination’s vibrancy.
Discover Santa Clara® FY 2023/24 Annual Report Page 25 of 56
Administration and Operations
• Hire strong Business & Operations Manager.
The DMO has faced challenges in securing a steady, qualified candidate for this crucial role. To attract top-tier talent with diverse experience and strong management, organizational, and critical thinking skills, we rebranded the position from Administrative Services Manager to Business & Operations Manager. This role is crucial in solidifying the organization’s operational foundation and driving innovative ideas to improve our processes, systems, and strengthen relationships with partners, business consultants, and the City.
• Creation of DMO Financial Processes.
In partnership with our accounting firm, Kirsch and Company, and City representatives, we developed the DMO’s Financial Policies that received Board of Directors approval in January 2024. These policies establish fiscally responsible processes that position the DMO to ultimately secure custody of the SCTID Assessment Funds. The next step involves creating Financial Standard Operational Procedures (SOPs) to support these policies. With the onboarding of a Business & Operations Manager, we will commence this critical phase.
• Fortify the DMO’s Administrative SOP Framework.
To ensure our DMO remains agile and aligned with the evolving business landscape, we will fortify our administrative SOP framework. This involves a thorough review and update of existing SOPs to meet our current needs, as well as identifying and developing new SOPs that are crucial for enhancing team alignment and effectiveness.
• Explore and Integrate Vital Systems to Empower and Elevate Our DMO.
To drive greater efficiency and precision in our operations, we will explore and integrate key financial, expense management, and administrative systems. These systems will streamline processes, enhance record-keeping, and provide the foundation for more strategic decision-making. By adopting these vital tools, we will empower our team to focus on impactful work, reduce operational friction, and ensure the long-term sustainability of our DMO.
• Board of Directors Training.
Work with relevant resources to develop a plan aimed to enhance the effectiveness and strategic insight of our Board of Directors through targeted training initiatives, ensuring they are well-prepared to guide and support the organization's mission and growth.
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Contingency
The budget shall continue to include a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may continue to be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of the DMO Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the DMO Board.
Contingency/reserve funds may be spent on District programs or administrative and renewal costs in such proportions as determined by the DMO Board. The reserve fund may be used for the costs of renewing the SCTID.
City Administration Fee
The City of Santa Clara shall continue to be paid a fee equal to 2% of the amount of assessment collected to cover its costs of collection and administration which may include but are not limited to staffing costs, legal services, and operational costs for rent, telephone, supplies, postage, and other general office expenses.
FY 2023/24 FINANCIALS
Compared to the forecasted amount of $2.6 million, the SCTID assessment for FY 2023/24 actualized at $3.1 million. The primary objective for our 11 SCTID hotel partners is to return occupancy (OCC) and average daily rate (ADR) to 2019 pre-pandemic levels. According to the composite STR Report for our partner hotels, a year-to-date (YTD) analysis from 2022 to 2023 shows that while occupancy continues to lag, our hotels have made remarkable progress in reclaiming ADR levels comparable to 2019. This ADR recovery is positively impacting DMO assessments.
However, individual corporate travel remains a challenge due to the ongoing hybrid work models prevalent in Silicon Valley. The meetings and events sector are also fiercely competitive.
Negative press surrounding San Francisco has led to declining group forecasts, prompting the SF Travel team to aggressively pursue smaller groups that would typically book locations further down the Peninsula. To attract these groups and fill their larger venues, they are offering business development funds and other competitive incentives, further heightening the competitive landscape.
As of June 30, 2024, the DMO expended 82% of the Operating Budget leaving a balance of $547, 117. While the initial plan expected to utilize the full budget by executing our comprehensive sales and marketing strategies, the full allocation was not fully utilized due to the staggered hiring of team members and the current open sales manager position, which affected our ability to execute all initiatives as outlined in our plan.
Even with remaining funds, the team strategically prioritized sales and marketing initiatives to strengthen our business foundation, enabling us to accelerate our progress.
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This strategic focus was evident in our tradeshow and partnership strategies, the adoption of new tools, and the launch of our Omnichannel Marketing Ecosystem Project, which began in March 2024 and is scheduled for completion by March 2025.
Income Budget Actuals
SCTID Assessment $2,200,000 $3,126,077
Other Revenue $66,000 $66,000
FY 2023/24 Expenditures Budget Actuals Balance
CONVENTION SALES,
INCENTIVES & SERVICES $1,188,331 $861,552 $326,779
MARKETING &
COMMUNICATIONS $818,578 $777,712 $40,866
ADMINSTRATION $935,821 803,234 $132,587
CONTINGENCY $66,000 $0 $66,000
CITY ADMINISTRATION FEE $44,000 $62,522 ($18,522)
TOTALS $3,052,730 $2,505,020 $547, 710
An additional Reserve Fund was created in FY 2021/22 to be used for any large-scale unexpected expenses or emergencies only upon Board of Directors approval. There were no expenses to the Reserve Fund.
FY 2023/24 Expenditures Budget Actuals Balance
RESERVE FUND $1,193,469 $0 $1,193,469
The detailed FY 2023/24 Financial Report is included as Appendix A.
KEY PERFORMANCE INDICATORS (KPIs)
Given the current economic climate and heightened competition—especially with the downturn in group bookings for San Francisco—combined with the staggered hiring of team members and the vacant Sales Manager position, the DMO did not meet its established KPIs for FY 2023/24.
However, it's important to note that a P1 event was successfully secured and actualized within the fiscal year by the OVG sales team, and the DMO booked three P2 events for future years.
Historically, large P1 and P2 groups have not met the Convention Center building spend, and room night commitments outlined in the current Booking Policy. In March 2023, the Board of Directors approved a revised Booking Policy with more accurate guest room and Convention Center spend expectations. However, due to limited data, there is insufficient support for setting concrete group booking goals for the fiscal year. Additionally, a mutually agreed-upon methodology for establishing these KPIs has not been reached between OVG, Levy, the DMO, and the City, raising concerns that the goals may seem arbitrary and unrealistic.
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Looking ahead, the KPIs for FY 2024/25 are set to be double that of the previous year. This ambitious goal represents a cumulative number of P1 and P2 events, along with associated revenue and hotel room nights—levels that have historically not been realized at the Santa Clara Convention Center. The DMO team is committed to building on current strategies to develop accounts and striving to meet these elevated targets.
Furthermore, leadership from the DMO, OVG, Levy, and representatives from the City have discussed broadening the DMO sales team's booking scope to include new P3 events driven by direct sales efforts and deeper account penetration. These P3 groups are the sweet spot for the Santa Clara Convention Center and our partners, and this additional sales focus will enhance our overall event mix and maximize revenue potential.
Silicon Valley/Santa Clara DMO Inc.
Performance Measures
2023/24
Target
2023/24
Actuals
2024/25
Target
1. Event Mix (Consumed)
Percent of P1 Events 0.5% 0.5% 1.0%
Number of P1 Events 1 1 2
Percent of P2 Events 1.0% 0% 2.0%
Number of P2 Events 2 0 4
2. Number of Definite Events Booked (Booked in the year for future years)
Number of P1 Events 2 0 2
Number of P2 Events 4 3 4
3. Convention Center Gross Revenue (P1 + P2 events) $800,000 $1,076,019 $1,900,000
4. Number of Room Nights Booked (For future years) 4,506 4,380 6.197
5. Number of Room Nights Consumed 2,253 2,622 4,506
6. Number of Weeks Impacted (Consumed) 2 1 2
7. Customer Service Survey Results (Overall satisfaction) 85% N/A 85%
8. Number of Prospects (active) (non-cumulative P1 + P2 events)
140 35 140
9. Economic Impact (Consumed P1 + P2 events) $2,745,582 $1,923,730 $5,491,164
KPI Summary
1. Event Mix. This KPI targets the ideal mix of convention/meeting types (P1–P5) to achieve the best financial and economic outcomes for the city, focusing on event quality over quantity.
The event mix improved with more P3 events YOY and one P1 event during the fiscal year.
The DMO's goal for P1 and P2 events in FY 2024/25 remains consistent, while the number of consumed P1 and P2 events has doubled.
Discover Santa Clara® FY 2023/24 Annual Report Page 29 of 56
2. Definite Events Booked. A “definite” event is a future event confirmed with a signed executed Convention Center contract and at least one SCTID lodging business. The goal of one P1 citywide event consuming in FY 2023/24 or the booking goal for future years, one P1 was consumed in the fiscal year and three P2 events have been contracted for future years, all in 2025.
3. Convention Center Gross Revenue. The Convention Center’s Gross Revenue came in higher than expected at $19,204,757. There was one P1 event accounting for $1,076,019 in Convention Center revenue or 5.6%.
4. Room Nights Booked. We achieved 97% of the room nights booked for future year’s goal, amounting to 4,380 room nights booked to a goal of 4,506. The success in achieving the consumed hotel room goals for FY 2023/24 was the result of a collaborative effort between OVG, Levy, and the DMO.
The team exceeded expectations by reaching 116% of the consumed P1 room nights, totaling 2,622, and achieved 97% of the room nights booked for future years, amounting to 4,380 room nights.
5. Room Nights Consumed. The achievement of the consumed hotel room goals for FY 2023/24 was a direct result of the strong collaboration between OVG and the DMO. The team made significant progress in securing business for the Convention Center, which not only drives overnight stays at SCTID partner hotels but also generates substantial revenue.
We surpassed expectations by reaching 116% of the consumed P1 room night goal, totaling 2,622 against a target of 2,253.
6. Number of Weeks Impacted. This KPI reports the number of weeks throughout the year where a P1/P2 event or a combination of events positively impacted Santa Clara’s economy and was above the 700 peak room nights threshold per day for two or more days. In FY 2023/24, there was 1 week impacted to a goal of 2-weeks (50%) with the one P1 group that consumed in the year.
7. Customer Service Survey Results. The customer service platform offers valuable insights for evaluating successes and identifying opportunities in service areas. The DMO score for P1 and P2 events, contributing to the overall goal of 85%, specifically reflects the meeting planner's experience when interacting with the sales team. The customer service survey for the P1 event held this fiscal year was not completed by the client. As a result, the score is marked as "N/A" in the KPI chart above, reflecting the delay in the survey's completion.
8. Prospects. To maintain our momentum despite being down a Sales Manager this fiscal year, we engaged Baronfeld Consulting Group to support our prospecting efforts. We've prioritized cleaning up our CRM, specifically addressing outdated leads that were pending research before the CEO and current team came on board.
Discover Santa Clara® FY 2023/24 Annual Report Page 30 of 56
This cleanup effort has tempered our year-over-year (YOY) growth in the number of accounts being researched, but it has resulted in a more refined and accurate list of prospects. At the conclusion of FY 2023/24, our team was researching 277 leads, reflecting a
3.7% increase year-over-year. However, we had 35 active prospects, 18 fewer than at the end of FY 2022/23. Although this represents a 40.9% year-over-year decrease in active prospects, the team is confident that these 35 active prospects are more accurate and present greater opportunities due to the ongoing cleanup of our CRM.
9. Economic Impact. The total economic impact of Convention Center events in the fiscal year was $48,159,223. Of this total amount, $1,923,730 was generated from the one P1 event that consumed in the fiscal year which amounted to 70% achievement against the $2,745,582 goal.
COST
In preparing the FY 2024/25 Adopted Operating Budget, our primary focus over the past fiscal year has been on building a robust team, fostering productive relationships with our partners, reintroducing Santa Clara to the meetings and events market, as well as to the tourism and local community, and crafting a powerful sales and marketing plan. These efforts have laid a solid foundation and generated compelling content tailored to our diverse market segments.
The Santa Clara market is seeing some positive signs of business coming back, although it continues to face significant challenges in rebounding from the COVID-19 pandemic, particularly in the corporate transient segment, where the hybrid work model has hampered a return to pre- pandemic levels. Compounding this issue are the well-publicized challenges in San Francisco, which have led to a sharp decline in their citywide and overall group business. In response, the SF Travel Team and hotel community have launched an aggressive group campaign, offering attractive incentives even for smaller groups—business that would typically go to the Peninsula, including San Jose and Santa Clara.
While we initially planned to utilize our full budget to execute comprehensive sales and marketing strategies, the staggered hiring of team members and the current open Sales Manager position limited our ability to fully implement all initiatives as outlined. As a result, only 82% of the FY 2023/24 budget was expended. Despite this, our team strategically prioritized key sales and marketing initiatives to strengthen our business foundation, setting the stage for accelerated progress. This focus was evident in our tradeshow and partnership strategies, including collaborations with ConferenceDirect, HelmsBriscoe, and U.S. Travel, as well as the adoption of new tools like the Cvent BI Dashboard, ZoomInfo, and Baronfeld Consulting Group.
Additionally, we launched our Omnichannel Marketing Ecosystem Project in April 2024, with completion slated for March 2025.
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Looking ahead, our team is committed to leveraging data analytics, executing our Omnichannel Marketing Ecosystem project, implementing integrated sales and marketing strategies, and using rich, content-driven brand storytelling to deepen customer relationships, showcase our vibrant city, and drive more leads, economic impact, and return on investment. We will also capitalize on the opportunities presented by hosting Super Bowl LX and the FIFA World Cup in 2026.
The DMO’s adopted FY 2024/25 budget reflects a 16.79% increase compared to the FY 2023/24 budget, with strategically allocated spending to guide the DMO toward sustained growth and success.
The full FY 2024/25 Adopted Operating Budget is included as Appendix B.
BUDGETED COST BY PROGRAM FY 2024/25
Adopted
% of Budget
CONVENTION SALES, INCENTIVES & SERVICES $1,711,115 48.0% MARKETING & COMMUNICATIONS $864,246 24.2%
ADMINSTRATION $860,035 24.1%
CONTINGENCY $78,000 2.2%
CITY ADMINISTRATION FEE $52,000 1.5%
TOTAL OPERATING BUDGET $3,565,396 100%
FY 2024/25 Projections
The cost of implementing improvements and activities for FY 2024/25 aligns with the Plan. The overall budget has increased due to the combination of filling vacant positions, expanding the team to execute targeted tactics, and capitalizing on improving business conditions, alongside strategic sales and marketing initiatives designed to sustain the current momentum.
The total Operating Budget for FY 2024/25 is $3,565,396 which includes the estimated SCTID collections for the fiscal year of $2,600,000, $899,396 in carry-over funds from FY 2023/24 and previous years, and $66,000 in other revenue. The categorical breakdown is below. All budget category allocations of estimated SCTID revenue for FY 2024/25 are within the authorized twenty percent (20%) adjustment of the SCTID revenue allocations from the prior year.
Discover Santa Clara® FY 2023/24 Annual Report Page 32 of 56
Category % of
Budget
FY 2024/25
Assessment
Estimate
% Change
from
previous
year
Other
Revenue Carryover
FY 2024/25
Operating
Budget
CONVENTION SALES,
INCENTIVES & SERVICES 40% $1,040,000 0% $0 $671,115 $1,711,115
MARKETING &
COMMUNICATIONS 22%
$572,000 2% $66,000 $226,246 $864,246
ADMINSTRATION 33% $858,000 -2% $0 $2,035 $860,035
CONTINGENCY 3% $78,000 0% $0 $0 $78,000
CITY ADMINISTRATION
FEE 2%
$52,000 0% $0 $0 $52,000
TOTALS 100% $2,600,000 $66,000 $899,396 $3,565,396
ASSESSMENT
The assessment rate for the initial year FY 2021/22, was one and one-half percent (1.5%) on gross short-term (30 days or less) room rentals (10 rooms or more). In compliance with the Plan, the DMO’s Board of Directors approved an increase of one-half percent (0.50%) for FY 2022/23 increasing the annual assessment rate to the maximum of two percent (2.0%) on gross short- term room rentals. Based on the benefit received, assessments will not be collected on stays by any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty. Additionally, assessments will not be collected on stays by any Federal or State of California officer or employee on official business who shall provide one of the following; a warrant or check drawn on the Treasury of the United States; a copy of the official travel orders indicating the issuing governmental agency and the employee’s full name; or, a copy of a letter on the official letterhead of an exempt governmental agency requesting exemption and listing the employee’s name and stating that the stay is for official government business. The dates of occupancy must also be included.
The term “gross room rental revenue” as used herein means: the consideration received, whether or not actually charged by the lodging business, for the occupancy of space in a lodging business valued in money, whether said gross room rental revenue is received in money, goods, labor, or otherwise, including all receipts, cash, credits, and property and services of any kind or nature. A lodging business may provide complimentary non-assessable rooms for employee use, guest satisfaction or charitable purposes (by a qualified 501(c)(3) charity) and a lodging business shall detail all complimentary non-assessable rooms in its regular reporting.
Failure to accurately report complimentary rooms shall result in assessment of the rooms in question. Gross room rental revenue shall not include any federal, state, or local taxes collected, including but not limited to transient occupancy taxes.
Discover Santa Clara® FY 2023/24 Annual Report Page 33 of 56
The assessment is levied upon and a direct obligation of the assessed lodging business.
However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the SCTID assessment is identified separately it shall be disclosed as the “SCTID Assessment.” As an alternative, the disclosure may include the amount of the SCTID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon and is the sole obligation of the assessed lodging business even if it is passed on to transients.
The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes.
Bonds or any debt obligation shall not be issued.
Time and Manner for Collecting Assessments
The City will continue to be responsible for collecting the assessment on a quarterly basis or at the close of any shorter reporting period as established by the Director of Finance (including any delinquencies, penalties, and interest) from each assessed lodging business. The City shall make all reasonable efforts to collect the assessments from each assessed lodging business.
The City shall forward the assessments collected to the Owners’ Association.
Penalties and Interest
The SCTID shall reimburse the City of Santa Clara for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent SCTID assessment are sought to be recovered in the same collection action by the City, the SCTID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:
1. Delinquency Interest.
Any lodging business that fails to remit any assessment imposed within the time required shall pay interest as described in subparagraph three below.
2. Penalty for Willful Noncompliance or Repeated Delinquencies.
If the City determines that the nonpayment of any remittance due is due to willful noncompliance or repeated delinquencies, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the interest as required by subparagraph three below.
Discover Santa Clara® FY 2023/24 Annual Report Page 34 of 56
3. Calculation of Interest.
In addition to the penalties imposed, any lodging business that fails to remit any assessment imposed shall pay interest at the rate of the United States government T-Bills sold at the latest sale prior to the date of the delinquency plus three percent (3%) prorated per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
4. Penalties and Interest Merged with Assessment
Except for the purpose of calculation of interest and penalties, every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the assessment herein.
SURPLUS AND OTHER FUNDING
Surplus / Deficit
The surplus includes SCTID collections that have been carried over from previous years. The total amount of funds to be carried over is estimated at $4,645,426. $671,115 is allocated to Convention Sales, Incentives & Services, $226,246 is allocated to Marketing & Communications, and $2,035 is allocated to Administration for FY 2024/25. Of the remaining funds, $1,426,158 will be placed into a Reserve Fund leaving a balance of $2,319,872 in unallocated funds.
Category Carryover
CONVENTION SALES, INCENTIVES & SERVICES $671,115
MARKETING & COMMUNICATIONS $226,246
ADMINSTRATION $2,035
Reserve Fund $1,426,158
Unallocated $2,319,872
TOTAL $4,645,426
Other Funding
The DMO receives $66,000 in marketing support from two sources: OVG and Levy Restaurants.
OVG, the company appointed by the City of Santa Clara to manage the Convention Center, will contribute $36,000, while Levy Restaurants, the contracted food and beverage provider for groups and events at the Convention Center, will contribute $30,000.
Discover Santa Clara® FY 2023/24 Annual Report Page 35 of 56 Appendix A – FY 2023/24 Financial Report
.
,.,.. l"'''h~ lll t, •-iF.T-.,,i tll'il •-
11•1!!1 'J•~I ,'.ll).._"il hl, ! ,1, r:.,~1'' ■ :t.•.a,e,i 1 ■ • I , FY 23/24 YTD Budget YTD Actual Variance Expended
Budget Item YTD Annual
CONVENTION SALES, INCENTIVES & SERVICES
Personnel $ 735,056.00 $ 735,056.00 $ 443,366.26 $ 291 ,689.74 60% 60% Salary $ 480,500.00 $ 480,500.00 $ 359,200.46 $ 121,299.54 75% 75% Incentives $ 101,375.00 $ 101,375.00 $ 25,875.00 $ 75,50000 26% 26% Benefits $ 68,540.00 $ 68,540.00 $ 27,411.40 $ 41,128.60 40% 40% Health $ 41,124.00 $ 41,124.00 $ 18,615.06 $ 22,50894 45% 45% 401K Fee $ 27,416.00 $ 27,416.00 $ 8,796.34 $ 18,619.66 32% 32% Payroll Taxes $ 79,721.00 $ 79,721.00 $ 29,679.40 $ 50,041.60 37% 37% Other-Cell Phone Stipend $ 1,920.00 $ 1,920.00 $ 1,200.00 $ 720.00 63% 63% Other-relocatio n $ 3,000.00 $ 3,000.00 $ - $ 3,000.00 0% 0% Convention Sales, Incentives & Services Expenses s 453,275.00 $ 453,275.00 $ 418,185.61 $ 35,089.39 92% 92% Contract Serv ices $ - $ - $ 45,840.00 $ (45,84000) 0% 0% Temp Staffing Services $ - $ - $ 45,840.00 $ (45,840.00} 0% 0% Operat ing Supplies s - $ - 0% 0%
Members hips $ 12,508.00 $ 12,508.00 $ 11,080.02 $ 1,427.98 89% 89% Profess ional Convention Management Assoc iation (PCMA} $ 2,037.00 $ 2,037.00 $ 2,500.02 $ (463.02) 123% 123% Meeting Professional International (MPI) $ 2,025.00 $ 2,025.00 $ 120.00 $ 1,905.00 6% 6% California Society of Associa tion Executives (Cal SAE) $ 751.00 $ 751.00 $ 1,000 00 $ (249.00) 133% 133% California Travel Assoc iation $ 1,900.00 $ 1,900.00 $ 2,070.00 $ (17000) 109% 109% Sales & Market Executive Internatio nal $ 345.00 $ 345.00 $ - $ 345.00 0% 0% San Francisco Travel Assoc iation $ 5,250.00 $ 5,250.00 $ 5,000.00 $ 250.00 95% 95% NATPE Members hip $ 200.00 $ 200.00 $ - $ 20000 0% 0%
Assoc iation Forum $ - $ - $ 390.00 $ (39000) 0% 0%
Subscription Services $ 33,684.00 $ 33,684.00 $ 59,311.57 $ (25,62757) 176% 176% CVENT $ 19,836.00 $ 19,836.00 $ 35,267.42 $ (15,431.42) 178% 178% Knowland $ 13,848.00 $ 13,848.00 $ 4,07700 $ 9,771.00 29% 29% Conference Direct $ - $ - $ 6,041.66 $ (6,041.66) 0% 0% HelmsBriscoe $ - $ - $ 10,500.00 $ (10,500.00} 0% 0%
Zoominfo $ - $ - $ 2,748.75 $ (2,748 75) 0% 0%
BOX $ - $ - $ 676.74 $ (676.74) 0% 0%
Business Development $ 150,000.00 $ 150,000.00 $ 105,000.00 $ 45,000.00 70% 70%
Discover Santa Clara® FY 2023/24 Annual Report Page 36 of 56
FY 23/24 YTD Budget YTD Actual Varian ce Expended
Budget Item YTD Annua l
Conferences a nd Tradeshows $ 47,700.00 $ 47,700.00 $ 73,948.37 $ (26,248.37) 155% 155% IMEX North America $ 15,000.00 $ 15,000.00 $ 19,949.38 $ (4,94938) 133% 133% Marketi ng Conference $ 2,000.00 $ 2,000.00 $ 4,863.35 $ (2,86335) 243% 243% Destination International Annual Con $ 1,100.00 $ 1,100.00 $ 4,500.00 $ (3,400.00) 409% 409% CalTrave l Summ it $ 1,100.00 $ 1,100.00 $ 1,099.00 $ 1.00 100% 100% TEAMS Conference & Expo $ 5,000.00 $ 5,000.00 $ 14,118.26 $ (9,118.26) 282% 282% Connect Spring Marketp lace $ 4,500.00 $ 4,500.00 $ 10,547.90 $ (6,047 90) 234% 234% CalSAE Seasona l Spectacular $ 600.00 $ 600.00 $ 5,5054 6 $ (4,905.46) 918% 918% PCMA Convening Leaders $ 2,000.00 $ 2,000.00 $ - $ 2,000.00 0% 0% Visit O utlook Forum $ 1,300.00 $ 1,300.00 $ 2,547.00 $ (1,247.00) 196% 196% Simpleview Annual Summit $ 3,200.00 $ 3,200.00 $ 3,049.00 $ 151.00 95% 95% Destinations International - CEO Summit $ 1,400.00 $ 1,400.00 $ 1,29500 $ 105.00 93% 93% Visit California Go West Sales Mission $ 3,000.00 $ 3,000.00 $ - $ 3,000.00 0% 0% Helms Briscoe Conference $ 5,500.00 $ 5,500.00 $ 5,250.00 $ 250.00 95% 95% MPI WEC $ 2,000.00 $ 2,000.00 $ 1,224 02 $ 775.98 6 1% 61% Travel & Entertainment $ 89,083.00 $ 89,083.00 $ 48,207.78 $ 40,875.22 54% 54% Destination International Annual Conv $ 2,254.00 $ 2,254.00 $ 1,835.95 $ 418.05 81% 81% CalTravel Summit $ 1,410.00 $ 1,410.00 $ 449.60 $ 960.40 32% 32% MPI ACENJEC $ 2,435.00 $ 2,435.00 $ 2,298.72 $ 136.28 94% 94% TEAMS Conference + Expo $ 5,620.00 $ 5,620.00 $ 3,140.17 $ 2,479 83 56% 56% Connect Spring Marketplace $ 444.00 $ 444.00 $ 3,919 86 $ (3,47586) 883% 883% PCMA Convening Leaders $ 2,142.00 $ 2,142.00 $ - $ 2,142.00 0% 0% CalSEA Seasona l Spectacular $ 1,055.00 $ 1,055.00 $ 891.65 $ 163.35 85% 85% IMEX North America $ 4,749.00 $ 4,749.00 $ 5,50759 $ (758.59) 116% 116% Visit California Outlook Forum $ 3,520.00 $ 3,520.00 $ 4,394.67 $ (874.67) 125% 125% Simpleview Annual Summit $ 4,660.00 $ 4,660.00 $ 2,750.98 $ 1,909.02 59% 59% Destination International - CEO Summit $ 2,331.00 $ 2,331.00 $ 3,32606 $ (995.06) 143% 143% Visit California Go West Sales Mission $ 2,380.00 $ 2,380.00 $ - $ 2,380.00 0% 0% Helms Briscoe $ 3,960.00 $ 3,960.00 $ 478.21 $ 3,48 1.79 12% 12% Soc ial Media Marketing Wor1d Conference $ 2,365.00 $ 2,365.00 $ 2,533.22 $ (168.22) 107% 107% Quarterly Sales Trips $ 22,418.00 $ 22,418.00 $ 9,11541 $ 13,30259 41% 41% Client Entertainment $ 24,000.00 $ 24,000.00 $ 7,565.69 $ 16,434.31 32% 32% Mileage Reimbursement $ 3,340.00 $ 3,340.00 $ - $ 3,34000 0% 0%
Discover Santa Clara® FY 2023/24 Annual Report Page 37 of 56
FY 23/24 YTD Budget YTD Actual Variance Expended
Budget Item YTD Annual
Support Services $ 120,300.00 $ 120,300.00 $ 74,797.87 $ 45,502.13 62% 62% Client Events $ 20,000.00 $ 20,000.00 $ 13,303.78 $ 6,696.22 67% 67% Client Activations $ 6,000.00 $ 6,000.00 $ 135.32 $ 5,86468 2% 2% Personalized Greetings $ 2,400.00 $ 2,400.00 $ 885.80 $ 1,514.20 37% 37% Site Visits $ 15,000.00 $ 15,000.00 $ 10,320.12 $ 4,67988 69% 69% Familiarization Trips $ 30,000.00 $ 30,000.00 $ 18,172.94 $ 11 ,827.06 61% 61% Promotio nal Items $ 20,000.00 $ 20,000.00 $ 29,158.55 $ (9,15855) 146% 146% Tradeshow Booth Storage $ 2,400.00 $ 2,400.00 $ - $ 2,400.00 0% 0% Tradeshow Shipping, Set-Up $ 24,500.00 $ 24,500.00 $ 2,821.36 $ 21,678.64 12% 12% TOTAL CONVENTION SALES, INCEN TIVES & SERVICES $ 1,188,331.00 $ 1,188,331.00 $ 861,551.87 $ 326,779.1 3 73% 73%
MARKET ING & COMMUN ICATIONS
Personnel $ 408,895.00 $ 408,895.00 s 370,171.84 $ 38,723.1 6 91% 91% Salary $ 269,794.00 $ 269,794.00 $ 255,20525 $ 14,588.75 95% 95% Incentives $ 39,074.00 $ 39,074.00 $ 71,500.00 $ (32,42600) 183% 183% Benefits $ 56,545.00 $ 56,545.00 $ 22,351 09 $ 34,1939 1 40% 40% Health $ 33,927.00 $ 33,927.00 $ 13,093.69 $ 20,833.31 39% 39% 401K Fee $ 22,618.00 $ 22,618.00 $ 9,257.40 $ 13,36060 41% 41% Payroll Taxes $ 42,522.00 $ 42,522.00 $ 20,155.50 $ 22,36650 47% 47% Other-Cell Phone Stipend $ 960.00 $ 960.00 $ 960.00 $ - 100% 100% Other-relocation $ - $ - $ - $ - 0% 0%
Market ing Expenses $ 409,683.00 $ 409,683.00 s 407,540.13 $ 2,142.87 99% 99% Contract Services $ 339,683.00 $ 339,683.00 $ 355,556.21 $ (15,873 21) 105% 105% Marketing Services $ 261,000.00 $ 261,000.00 $ 339,330.81 $ (78,330.81) 130% 130% Branding $ - $ - $ - $ - 0% 0%
Website $ 78,683.00 $ 78,683.00 $ 16,225.40 $ 62,457.60 21% 21% Advertis ing & Promotions $ 70,000.00 $ 70,000.00 $ 49,476.35 $ 20,523.65 71% 71% Softwa re Licenses $ - $ - $ - $ 40,866.03 95% 0%
Computer Supplies $ - $ - $ 2,50757 $ (2,507 57) 0% 0%
TOTAL MARKETING & COMMUN ICATIONS $ 818,578.00 $ 818,578.00 $ 777,711.97 $ 40,866.03 95% 95%
Discover Santa Clara® FY 2023/24 Annual Report Page 38 of 56
FY 23/24 YTD Budget YTD Actual Variance Expended
Budget Item YTD Annual
ADMINISTRAT ION
Personne l $ 548,336.00 $ 548,336.00 $ 472,430.56 $ 75,905.44 86% 86% Salary $ 367,328.00 $ 367,328.00 $ 338,880.90 $ 28,447 10 92% 92% Incentives $ 60,707.00 $ 60,707.00 $ 70,500.00 $ (9,79300) 116% 116% Benefits $ 52,397.00 $ 52,397.00 $ 32,304 72 $ 20,09228 62% 62% Health $ 31,438.00 $ 31,438.00 $ 24,682.30 $ 6,755.70 79% 79% 401K Fee $ 20,959.00 $ 20,959.00 $ 7,622.42 $ 13,33658 36% 36% Payroll Taxes $ 60,944.00 $ 60,944.00 $ 23,284 94 $ 37,659.06 38% 38% Other-Cell Phone Stipend $ 960.00 $ 960.00 $ 960.00 $ - 100% 100% Other-Car Allowance $ 6,000.00 $ 6,000.00 $ 6,500.00 $ (50000) 108% 108% Other - Relocation $ - $ - $ - $ - 0% 0%
Administrative Expenses $ 387,485.00 $ 387,485.00 $ 330,802.98 $ 56,682.02 85% 85% Contract Services $ 289,776.00 $ 289,776.00 $ 263,104.38 $ 26,671.62 91% 91% Fiscal Services $ 65,108.00 $ 65,108.00 $ 82,836.91 $ (17,728.91) 127% 127% Legal Services $ 35,000.00 $ 35,000.00 $ 39,727.50 $ (4,72750) 114% 114% Human Resources $ 20,000.00 $ 20,000.00 $ 4,72566 $ 15,27434 24% 24% Smart IT Services $ 5,574.00 $ 5,574.00 $ 3,428.76 $ 2,145.24 62% 62% Payroll Services $ 5,600.00 $ 5,600.00 $ 5,783.29 $ (18329) 103% 103% Audit $ 15,000.00 $ 15,000.00 $ - $ 15,000.00 0% 0%
Temp Staffing Services $ 31,494.00 $ 31,494.00 $ 19,860.00 $ 11 ,634.00 63% 63% Internal Team Strategy Meeting $ 12,000.00 $ 12,000.00 $ 1,158 08 $ 10,841.92 10% 10% Profess ional Services $ 100,000.00 $ 100,000.00 $ 105,584.18 $ (5,584.18) 106% 106% Operating Expenses $ 27,574.00 $ 27,574.00 $ 27,608 34 $ (34.34) 100% 100% Bank Fees $ 250.00 $ 250.00 $ 271.99 $ (21 99) 109% 109% Software Licenses $ 8,124.00 $ 8,124.00 $ 6,381.90 $ 1,742.10 79% 79% Postage $ 2,500.00 $ 2,500.00 $ 9.74 $ 2,49026 0% 0%
Licenses $ 100.00 $ 100.00 $ 96.50 $ 3.50 97% 97%
Office Supplies $ 8,000.00 $ 8,000.00 $ 12,40521 $ (4,4052 1) 155% 155% OMO Office Rent $ 8,100.00 $ 8,100.00 $ 8,100 00 $ - 100% 100% Recruitment $ 500.00 $ 500.00 $ 343.00 $ 157.00 69% 69%
Discover Santa Clara® FY 2023/24 Annual Report Page 39 of 56
FY 23/24 YTD Budget YTD Actual Variance Expended
Budget Item YTD Annual
Insurance $ 12,978.00 $ 12,978.00 $ 7,326.00 $ 5,652.00 56% 56% Workers Comp $ 4 ,852.00 $ 4,852.00 $ 1,812.00 $ 3,040.00 37% 37% Business Owners Liability & Property $ 1,897.00 $ 1,897.00 $ 1,737.00 $ 160.00 92% 92% Professional Liability $ 3,283.00 $ 3,283.00 $ 382.00 $ 2,901 00 12% 12% Management Liability $ 2,946.00 $ 2,946.00 $ 3,39500 $ (449.00) 115% 115% Memberships $ 3,350.00 $ 3,350.00 $ 5,471.00 $ (2,121.00) 163% 163% Destinations International $ 3,350.00 $ 3,350.00 $ 5,471 00 $ (2,121.00) 163% 163% Subscription Services $ 53,807.00 $ 53,807.00 $ 27,293.26 $ 26,513.74 51% 51% Acto n $ 4 ,800.00 $ 4,800.00 $ 5,783.34 $ (98334) 120% 120% CoStar Realty Information $ 15,000.00 $ 15,000.00 $ 3,130 00 $ 11,870 00 21% 21% Annual Subscription $ 13,800.00 $ 13,800.00 $ 9,443.26 $ 4,356.74 68% 68% Additional Support Hours $ 10,000.00 $ 10,000.00 $ 1,241 67 $ 8,75833 12% 12% Destination International EiC Subscription $ 7,707.00 $ 7,707.00 $ 7,285.00 $ 422.00 95% 95% Trade Journal/Newspapers $ 2,500.00 $ 2,500.00 $ 409.99 $ 2,090.01 16% 16% TOTAL ADMINISTRAT ION $ 935,821 .00 $ 935,821.00 $ 803,233.54 $ 132,587.46 86% 86% Contingency $ 66,000.00 $ 66,000.00 s - $ 66,000.00 0% 0% City Administration Fee $ 44,000.00 $ 44,000.00 s 62,521.54 $ (18,521.54) 142% 142% TOTAL OPERATING BUDG ET $ 3,052,730.00 $ 3,052,730.00 $ 2,505,018.92 $ 547,711.08 82% 82%
Discover Santa Clara® FY 2023/24 Annual Report Page 40 of 56 Appendix B – FY 2024/25 Operating Budget
Reven ue FY 2023/24 FY 2024/25 Variance
Adopted Estimate
SCTID Assessme nt $ 2,200,000 $ 2,600,000 $ 400,000
Levy Market ing Contributio n $ 30,0 00 $ 30,000 $ -
OVG 360 Market ing Contrib ut ion $ 36,000 $ 36,000 $ - FY 2024/25 REVENUE $ 2,266,000 $ 2,666,000 s 400,000
Silicon Valley/Santa Clara OMO, Inc .
FY 2024/25 Approved Budget
Budget Item FY2023/24 FY2024/25 Variance
Aooroved Aooroved
CONVENTION SALES, INCENTIVES & SERVICES
Personnel $ 735,056 $ 823,788 s 88,732
Salary $ 480,500 $ 560,500 s 80,000
Incent ives $ 101,375 $ 117,200 s 15,825
Benefits $ 68,540 $ 93,114 s 24,574
Payroll Taxes $ 79,721 $ 48,054 s (31,667)
Other - Cell Phone Stipend $ 1.920 $ 1,920 s -
Other - Relocat ion $ 3,000 $ 3,000 s -
Purchased Good s & Services $ 453,275 $ 887,327 s 434,052 Business Development $ 150,000 $ 250,000 s 100,000
Conferences and Tradeshows $ 47,700 $ 72,700 s 25,000
Contrac t Services $ - $ 57,600 s 57,600
Membe rships $ 12,508 $ 48,993 s 36,485
Subscript ion Services $ 33,684 $ 103,138 s 69,454
Support Services $ 120,300 $ 242,000 s 121,700
Travel & Enterta inment $ 89,083 $ 112,896 s 23,813
TOT AL CONVENTION SALES, INCENTIVES & SERVICES $ 1,188,331 $ 1,711,115 s 522,784
MARKETING & COMMUNICATIONS
Personnel $ 408,895 $ 488,766 s 79,871
Salary $ 256,294 $ 302,750 s 46,456
PR As Needed Hourly $ 13,500 $ 20,000 s 6,500
Incentives $ 39,074 $ 66,938 s 27,865
Benefits $ 56,545 $ 62,670 s 6,125
Health & Dental 33,927 48,510 14,583
Retirement Plan 22,618 14,160 (8,458)
Payroll Taxes $ 42,522 $ 35,208 s (7,314)
Othe r - Cell Phone Stipend $ 960 $ 1,200 s 240
Purchased Goods & Services $ 409,683 $ 375,480 s (34,203) Adverti sing & Promot ions $ 70,000 $ 70,000 s -
Contract Services $ 339,683 $ 305,480 s {34,203)
Marketing Services Contrac t 66,000 33,000 (33,000)
Digital Marketing (PPC, SEO+ Social Media Ads) 110,00 0 70,000 (40,000) Influencer Marketing 10,000 21,500 )t500
Email Marketing 10,000 - {10,000)
Photography 20,000 5,000 (15,000)
Videography 30,000 10,000 (20,00 0)
Branding 15,000 5,000 {10,000)
Website Evolution 60,500 - (60,500)
Website Hosting & SEO - Madden Media (RENAMED - Added "SEO+ Madden Medi, 18,1 83 30,480 12,297 OmniChannel Marketing Project - Madden Media (NEW) - 105,000 105,000 VibeMap (NEW) - 7,500 7,500
Content Creation Special Event Fund (NEW) - 18,000 18,000 TOT AL MARKETING & COMMUNICATIONS $ 818,578 $ 864,246 s 45,668
Discover Santa Clara® FY 2023/24 Annual Report Page 41 of 56
Silicon Valley/Santa Clara DMO, Inc.
FY 2024/25 Approved Budget
Budget Item FY 2023/24 FY2024/25 Variance
Annroved Aooroved
ADMINSTRA TION
Personnel $ 548,336 $ 496,169 s (52,167)
Salary $ 367,328 $ 370,269 s 2,941
Incent ives $ 60,707 $ 61,688 s 981
Benefits $ 52,397 $ 36,252 s (16,145)
Health & Dental 31,438 25,560 (5,878)
401K 20,959 'I0,692 (10,267)
Payro ll Taxes $ 60,944 $ 21,000 s (39,944)
Other - Cell Phone Stipend $ 960 $ 960 s -
Other - Car Allow ance $ 6,000 $ 6,000 s -
Purchased Goods & Services $ 387,485 $ 363,866 s (23,619) Cont ract Services $ 277,776 $ 229,914 s (47,862)
Audit 15,000 15,000 -
Fiscal Services 65,108 71,000 5,892
Acoounting Services 51,060 56,000 4,940
PP&Co. Tax Preparation 5,000 5,500 500
City of Santa Clara Fiscal Sponsorship 9,048 9,500 452
Human Resources 20,000 12,000 (8,000)
SmartCity IT Services 5,574 5,574 -
Legal 35,000 35,000 -
ADP Payroll 5,600 7,340 1.740
Professional Services 100,000 84,000 (16,000)
Temp. Staffing Services 31,494 - (31,494)
Interna l Meet ings & Training $ 12,000 $ 30,000 s 18,000 Insurance $ 12,978 $ 10,059 s (2,919)
Business Owners Liability & Property 1,897 2,050 153
Management Liability 2,946 2,182 (764)
Professional Liability 3,283 3,667 384
Workers Comp 4,852 2,160 (2,692)
Membersh ips $ 3,350 $ 5,120 s 1,770
Destinations Internat ional 3,350 5,120 1,770
Operating Supp lies $ 10,850 $ 9,660 s (1,190)
Bank Fees 250 480 230
Lioenses 100 180 80
Office supp lies 8,000 8,000 -
Postage 2,500 1,000 (1,500)
Software Licenses $ 8,124 $ 10,750 s 2,626
Quickbooks 1,302 1,000 (302)
Adobe Acroba t 2,268 3,060 792
Microsoft Office+ Email 3,624 3,240 (384)
Zoom 930 930 -
ChatGBT 4 Pro (NEW) - 2,520 2,520
DMO Office Rent $ 8,100 $ 8,100 s -
Recrui t ment $ 500 $ 500 s -
Subscript ion Services $ 53,807 $ 59,763 s 5,956
Simpleview CRM System 28,600 30,913 2,313
Annual Subscription 13,800 14,330 530
ACT-ON 4,800 10,283 5,483
Addit ional Support Hours 10,000 6,300 (3,700)
Destinations Internat ional (EiC) 7,707 7,650 (57)
CoStar Group (STR Reports) 15,000 20,000 5,000
Trade Jouma ls/Newsoaoers 2,500 1,200 (1,300)
TOTAL ADMINISTRATION $ 935,821 $ 860,035 s (75,786)
Discover Santa Clara® FY 2023/24 Annual Report Page 42 of 56
Silicon Valley/Santa Clara DMO, Inc .
FY 2024/25 Approved Budget
Budget Item FY2023/24 FY2024/25 Variance
Annroved Annroved
CONTINGENCY $ 66,000 $ 78,000 s 12,000
CITY ADMINSTRATION FEE $ 44,000 $ 52,000 s 8,000
TOTAL OPERATlNG BUDGET $ 3,0 52,730 s 3,565,396 $ 512,666 Budget Item FY 2023/2 4 FY 2024/25 Variance+ /(- )
Aee roved Aeeroved
Personnel $ 1,692,287 $ 1,808,723 $ 116,436
Purchased Goods & Services $ 1,250,443 $ 1,626,673 $ 376,230 Contingency $ 66,000 $ 78,0 00 $ 12,000
City Administration Fee $ 44,000 $ 52,000 $ 8,000
TOTAL OPERATING BUDGET $ 3,052,730 $ 3,565,396 s 512,666
Discover Santa Clara® FY 2023/24 Annual Report Page 43 of 56
Appendix C – Assessed Businesses
SCTID Hotel Partner Name Address City, State ZIP
AC Hotel 2970 Lakeside Dr Santa Clara, CA 95054
Avatar Hotel
Tapestry Collection by Hilton
4200 Great America Pkwy Santa Clara, CA 95054
Delta Hotel by Marriott 2151 Laurelwood Rd Santa Clara, CA 95054 Embassy Suites 2885 Lakeside Dr Santa Clara, CA 95054 Hilton Santa Clara 4949 Great America Pkwy Santa Clara, CA 95054 Hyatt House 3915 Rivermark Plaza Santa Clara, CA 95054 Hyatt Regency 5101 Great America Pkwy Santa Clara, CA 95054 Marriott Santa Clara 2700 Mission College Blvd Santa Clara, CA 95054 The Element 1950 Wyatt Dr Santa Clara, CA 95054
Hyatt Centric Santa Clara 3100 Lakeside Dr Santa Clara, CA 95054 TownePlace Suites by Marriott 2877 Lakeside Dr Santa Clara, CA 95054
Discover Santa Clara® FY 2023/24 Annual Report Page 44 of 56 Appendix D – Visual Gallery of Sales & Marketing Success
MARKETING AND COMMUNICATIONS APPENDIX
Omnichannel Marketing Ecosystem Project Appendix
Appendix Item O1: Images and deliverables from Positioning Meeting.
Our North Star
POSITIONING STATEMENT v3
Join us in Santa Clara , where innovation is our currency , and competition is our catalyst. Here, sharp wit blends with a compet itive spark that's distinctly Santa Clara-approac hable yet brimm ing with a clever edge. It's like engag ing with a friendly rival w ho challenges you to push all creative boundaries and every roadb lock is an invitation to innovate.
Santa Clara is a midsize city packing big-c ity assets. Our communicat ion is quick, engaging , and always a step ahead. W ith our legacy of bold thinking and an eye on the future , we invite trailblazers , risk-take rs, and visionaries to delve into an array of exper iences. This city offers everyth ing from cutting-edge techno logy to cul tural diversity, and from culinary adventures to spirited compet ition.
We aim not only to entertain but to inspire, inviting you to engage as act ive participants in our bustl ing scene.
Join us to expe rience something extraordinary , in a city charged with optimism and pionee ring energy.
Discover Santa Clara® FY 2023/24 Annual Report Page 45 of 56
THE BRAND VOICE
Our brand voice packs a playful punch, blending sharp wit with a competitive spark unique to Santa Clara. It's approachab le yet cleve r. Like a friend ly rival push ing you to innovate . Quick and engag ing, our voice makes soph isticated concepts in technology and culture app roachable and inviting .
We mix humor w ith a hint of challenge . encou raging our aud ience to be active part icipants. not j ust spectato rs. We aim to entertain and inspire. capt uring Santa Clara's spirited compet ition and pioneering energy. This tone is perfec t for trailblazers and visionaries ready to exper ience something unforge ttable.
Discover Santa Clara is the tourism agency for the
city of Santa Clara. That means we wo rk close ly
with different sectors of local tourism. like hotels
and other travel and entertainmen t entities, to
bring more travelers to exper ience what Santa
Clara has to offer.
This is a city with rich cultural diversity and a
sense of compe tition that sets it apart from
surrounding areas, and we're here to make sure
peop le understand that we're powe ring Silicon
Valley more than they know
Discover Santa Clara® FY 2023/24 Annual Report Page 46 of 56
Appendix Item O2: Curated Images from Photoshoot Selection.
Discover Santa Clara® FY 2023/24 Annual Report Page 47 of 56
Appendix Item O3: SEO Site Audit Selections.
I
I
TRAFFIC OVERVIEW
Discover Santa Clara
• .d1scov8fsamac:ara.org, .. • Disavowed Hnks ;:, Shnred *
Health Scare Ooma lnRAtlng Ri!tfl!rringdom.!IIM Backhnks Orgenc trsffic Organ ic keyword s Tracked keywon:b @ 5 _, 28 •• 89 .,. 715 ,m 1.1K -34 us UK -33
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Traffic and Keywords are up:
A lot of the top-ranking keywords
are related to "airports near santa Performance Compare pages , .. 6M ,v 2V SY Daily . O• D Export clara"-related terms which makes fa Organic pages a Organ ic traffic f3 Organic keywords sense as the top page is the
Transportat ion page.
Top Keywords:
airport closest to santa clara
discove r santa clara
santa clara shopping
Top organic competitors 117 US
Cc =N mbefo pages
SOK
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40K
•
OK
•
0 so $ K S 3K S 95K $2 K
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rget
Keyword Common Share Compet itor 1s
overlap keywords keywords
-
410 1.5% 24,744
370 0.8% 43,675
hiltonsantaclara.com .., 228 10.8% 1,020
santaclaracou nty.gov ...
-
204 0.6% 31 ,031
santaclaraconve ntioncenter .com .., 202 10.9 % 770
Discover Santa Clara® FY 2023/24 Annual Report Page 48 of 56
Appendix Item O4: Website Wireframe V2.
a a
WELCOME TO SANTA CLARA
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EXPLORE SANTA CLARA
UPCOMING EVENTS
- -
;;,
GROUPS & MEETINGS
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Discover Santa Clara® FY 2023/24 Annual Report Page 49 of 56
GET TO KNOW SANTA CLARA
9 THINGS TO KNOW BEFORE
MOVING TO SANTA CLARA ., CA
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TRAVE LERS PHOTOS
ABOUT US
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Discover Santa Clara® FY 2023/24 Annual Report Page 50 of 56
Appendix Item O5: Advertising Rate Card and Visitor’s Guide Page Breakdown.
Inspire Travelers to Explore
SANTA CLARA
OFFICIAL VISITOR GUIDE
ADVERTISING RATES•
DISPLAY ADVERTISING
ITEM RATE
_T_••~-po_ g~•~•p_co_••---- --t $10,600
Full page (A) $5,900
Hall page (B) S3.800
Quarterpage(O) $1,500
------ -------- -··-··· -··-···-··--
DIGITAL AD ON PACKAGES
(PER MONTH)
ITEM RATE
Mega • l featurelisting. 1 S1.500
sponsored events listing
ITEM RATE
Two Per Guide_____ $6,000
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CIRCULATION;
75 ,000
PRINTED COPIES
MOBILE-FRIENDLY
DIGITAL EDITION
PRINT DEADLINES
(o,ruruc,...H-.'l'lil-'"Pl
SECURE YOUR SPACE BY
OCTOBER 11, 2024
PRODUCTION
MATERIALS DUE
OCTOBER 18, 2024
DIGITAL READY
MATERIALS DUE
OCTOBER 25, 2024
PUBLISHES
FEBRUARY 14, 2025
INVOICE PAYMENT DUE
UPON CONTRACT
NET 30
DIGITAL WEBSITE ADS
(f: ■ ifil'i;l#·lltill:tc
Place your busines s at the top of
the bu siness listing section and
before randomly sorted listings .
~ K14•l:Ft•l;J#·l@3:I
Place your event at the top of the
event listing section and before the
date ascending listing s.
Discover Santa Clara® FY 2023/24 Annual Report Page 51 of 56
2025 GUIDE PAGE BREAKDOWN
68 pages (64 • 4)
Trim: 8" x 10.5"
48 editorial pages · 20 ad pages (worse case 12 and cut 1 signature) • Front of book O 5- 6 pages
o Cover, welcome, contents & masthead. connect with us
o Maps
• Back of book • 3-4 pages
o Plan Your Trip (1), seasonal events (1 or 2)
• Feature content • 38-40 pages
o 7-10 features . ranging from 2-6 pages each
• Resource Pages: Social Media Connected Page
• Keep in mind the "premium ad placements ":
o Inside Front Cover
o Inside Back Cover
o Back Cover
o Table of Contents/We lcome Page?
Discover Santa Clara® FY 2023/24 Annual Report Page 52 of 56 Content Appendix
Appendix Item C1: Instagram Top Performing Post for Discover Santa Clara®.
Appendix Item C2: Sample Posts from the Hilton Influencer Party.
► • • ., 1111 ► • • .,. 11111
4SGIC 78.nc 182 flll 3,172 1841C 3,107 J8 3,248 2..739
Reach © Reach (l)
493,719
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129,606
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Accoun1:i reached
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Discover Santa Clara® FY 2023/24 Annual Report Page 53 of 56
Appendix Item C3: Google Analytics Data about Top Performing Pages.
Appendix Item C4: Sample Posts from Discover Santa Clara® Blogs.
Q.
2 3
4 5
6 7
8 g
10 Search ...
Page title and screen class T
+
Business Travel Guide I Discover Santa Clara
Host Your Event at the Santa Clara Convention Center I Discover Santa Clara
RFP I Disco ver Santa Clara
Events in Santa Clara CA I Discover Santa Clara
Airports near Santa Clara CA I Discover Santa Clara
Things To Do in Santa Clara I Discover Santa Clara
What's New in Santa Clara CA I Discover Santa Clara
December Events in Santa Clara CA I Discover Santa Clara Endless Possib ility I Discover Santa Clara
Santa C Iara Convention Center Parking I Discover Santa Clara What's New in
Santa Clara?
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Senta Clare 's Event Round-Up
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+ Views
67,655
100% of total
9,614
5,923
5,328
4,481
3,11 7
2,634
2,626
2,203
2,008
1,744
Users Views per
user
42 ,352 1.60
100% of Iota I Avg 0%
6,106 1.57
3,680 1.61
4,183 1 27
3,748 1.20
2,727 1.1 4
2,093 1.26
1,800 146
1,687 1.31
1,565 1.28
1,467 1.1 9
Silicon Vallt!y Tt!ch Tour
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Celebrating AAPI Heritage Month in
Sen ta Clere 2024
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Discover Santa Clara® FY 2023/24 Annual Report Page 54 of 56
Public Relations (PR)Appendix
Appendix Item PR1: Silicon Valley Business Journal Women of Influence.
DISCOVER SANTA CLARA® IS
ELEVATING AN EVE NTS DESTINATIO N
AND GEARING UP FOR THE BIG GAMES
S
ante O are. in di e heaJt of
Silic on Velley, is becoming e
prem iar destin at ion for
city -wide events and converdons .
This trBn~•orma:ion is d by
Discov-a-r Santa O ars•. the city's
offic ial Destinat ion Market in g
Organ ization (CMO). Unc:ktr th e
le:1der.ship of CEO Christin e
la•mon. 'ntlo joined in October
2022. the OMO hes achi8'@d
rem."3Jkeble success.
Cl'v iatine Law.son'.s stratagic vis-i on
and extensiva hospitelity
exper ience have been cruc ial in
revita 1izing Ssnta Oara 's tourism
lands.cape. She h!3s torgad :etrong
partnersh ip.:! with loe:all ho.tela city
offic iala and Er.'Bnt planners,
driving commun ity engagam.e.nt
and econom ic growth. Lewso.n h8:.:!
assemb led a .uiasone, d team ot
industry profe:asionals,. who M'V8
sig,, i -cantly raised Santa Clare':;i
n ation al profi le.
Under Law.eon's ad3~h ip, tile
DMD ha~ realized drama:ic groNth
on O'M"led ch annels:,. garnerin g Oh/et
4 m illion views ecross socia l
med ia platforms in the last 12
months. The DMO is curr9fl tly
oversee ing a fu ll wabs ita redas ign
of discO'IIBraantac lara.org and
crart ing the first 3'.'Br Santa a ara
V18itor's Guida, axpactad to ls unch
in 2025. MSlfltaining s com:tan:
pra2:anc:e a! .-idu&ry tradashows
acrOO::! the Mtion hss -s,nh:inc:ed
the c ity':e rep.1ta :ion as a cop
vero e or convent ion:a s lld
gathe ring& The DMD ac tively
l"k.lrturea ,~stionsh i?3 with
nat ions ! mea: ir,g ptenner
organ izations..
game-'=! Bt Le-~fo .. S:adiwn Oi.e:cov0l'"
Santa O era• is cotlaborat ing
closely wi the city, the Bay Alea
Host Comm ittaa , and local
bu:3in038 le adar.a to maximi ze
e,conDmc irrpact to r th e c ity and
showc:a3e Santa aara on the
globa l etag-B.
Keep in touch by foGO'ning us on
Link&dlf'\ lm :agra m and Faceboo k.
{!ldiscovaraa.nrac lara.
Col'igrtWJ.Jatiol'.;, CRJ'imr..: Lmr~on
CEO of Di:icol·a Sa1m: Clw-a®
ar.d :Jlj )4 lf"o.lt".an ofl1jjiucr.c,
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Discover Santa Clara® FY 2023/24 Annual Report Page 55 of 56
Appendix Item PR2: Silicon Valley Business Future of Santa Clara.
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Discover Santa Clara® FY 2023/24 Annual Report Page 56 of 56
Appendix Item PR3: San Jose Mercury News.
This Silicon Valley city has been
named the Swiftie Capital of the U.S.
Roughly 137,000 fans attended the two 'Eras Tour'
shows at Levi's Stadium last summer
Taylor Swift performs on stage during The Eras Tour at Levi's Stadium in Santa Clara, Calif., on Friday, July 28, 2023. (Jose Carlos Fajardo/Bay Area News Group) Christine Lawson, the CEO of Discover Santa Clara, said she isn't surp rised that Santa Clara is getting recognized fo r having the most Swifties per capita. She called the anticipat ion around Swift's arrival "palpable."
"Though we've hosted remarkable artists and sold-out shows before, the 'Eras Tour' brough t unparalleled exposure to our city," Lawson said. "The im mense media atten tion from the tour's early stops spar ked our creativity in devising a unique welcome for Taylor."
Discover Santa Clara® FY 2023/24 Annual Report Page 57 of 56
Event Sales Tool Appendix
Appendix Item E1
- -
DISCOVER
SAt11JA
CLARA.
DISCOVER
SA~TA
CLARA.
WIUWO\A-t
~ n .. l!l ,
--r
· Sports Event ~
Planning ·
Guide
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1002 Agenda Date: 10/22/2024
REPORT TO COUNCIL
SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2072 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.
BACKGROUND
At the September 24, 2024 Council meeting, proposed Ordinance No. 2072 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2072 was published to the Santa Clara Weekly on October 16, 2024, and copies were posted in three public places.
DISCUSSION
The proposed ordinance would update Chapter 13.20 of the Santa Clara City Code to enable the City to comply with the City’s Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit 3.0 (MRP 3.0) issued by the California Regional Water Quality Board, San Francisco Bay Region. Updates to Santa Clara City Code Chapter 13.20 include stormwater management requirements for new and redevelopment projects, construction sites, industrial and commercial sites, and private land drainage areas. In addition, the changes to Chapter 13.20 include provisions that authorize the City to establish fees for stormwater related reviews, inspections, and compliance activities and enable City representatives to enter a regulated property to inspect, monitor, and collect samples in accordance with state and federal laws.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a) as it has no potential for resulting in either direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT
There is no fiscal impact associated with this ordinance update.
COORDINATION
This report has been coordinated with the City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2072 was published to the Santa Clara Weekly on October 16, 2024, and copies were posted in three public places and made available for public inspection at City of Santa Clara Printed on 10/18/2024Page 1 of 2
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24-1002 Agenda Date: 10/22/2024
the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected]
or at the public information desk at any City of Santa
Clara public library.
RECOMMENDATION
Waive Second Reading and adopt Ordinance No. 2072 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.
Reviewed by: Luis M. Haro, Deputy City Attorney
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2072 (Intro)
City of Santa Clara Printed on 10/18/2024Page 2 of 2
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Rev: 09/2019
ORDINANCE NO. 2072
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING AND RESTATING IN ITS
ENTIRETY CHAPTER 13.20 (STORM DRAINS AND
DISCHARGES) OF TITLE 13 (PUBLIC SERVICES) OF
“THE CODE OF THE CITY OF SANTA CLARA,
CALIFORNIA”
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City is regulated by the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit which has been significantly updated since the preceding ordinance was adopted in 1994;
WHEREAS, the City is required to implement compliance programs for several sites including new and redevelopment, construction, industrial and commercial, and private land drainage areas;
WHEREAS, these new stormwater regulations impose a need for City authority to inspect, monitor, sample, require corrections, and assess appropriate fees to meet compliance requirements; and
WHEREAS, City has prepared amendments to its existing Code in order to satisfy applicable legal requirements.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY OF SANTA CLARA AS
FOLLOWS:
SECTION 1: Chapter 13.20 (entitled “Storm Drains and Discharges”) of Title 13
(entitled “Public Services”) of “The Code of the City of Santa Clara, California” (“SCCC”) is amended and restated as follows:
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Rev: 09/2019
“Chapter 13.20
STORM DRAINS AND DISCHARGES
Sections:
Article I. Storm Drain Discharge, Procedure, Use Regulations, and Prohibited Substances
13.20.010 Purpose.
13.20.020 Definitions.
13.20.030 Discharges into City storm drains.
13.20.040 Stormwater Management Requirements for New and Redevelopment Projects.
13.20.050 Stormwater Management Requirements for Construction Sites.
13.20.060 Stormwater Management Requirements for Industrial and Commercial Sites.
13.20.070 Stormwater Management Requirements for Private Land Drainage Areas (PLDAs).
13.20.080 Stormwater Management Plan Review and Inspection Fees.
13.20.090 Authority to Inspect, Monitor, and Sample.
13.20.100 Suspension of service.
13.20.110 Monitoring of discharge into the storm drain system.
13.20.120 Public nuisance.
13.20.130 Protection from accidental discharge – Accidental discharge notification.
13.20.140 Discharge pursuant to City and/or NPDES permit.
13.20.150 Criminal or Civil penalty for violation, payment of funds to account.
13.20.160 Emergency cleanup or abatement.
13.20.170 Administrative penalties.
13.20.180 Costs of enforcement.
Rev: 09/2019
Article II. Storm Drain Environmental Compliance Fee
13.20.190 Definitions.
13.20.200 Rates – Users within the City.
13.20.210 Rates – Issuance of bills – Information required.
Article III. Polystyrene Foam Disposable Service Ware
13.20.220 Definitions.
13.20.230 Polystyrene foam disposable food service ware prohibited.
13.20.240 Exemptions to the polystyrene foam disposable food service ware prohibition.
Article IV. Single-Use Carry-Out Plastic Bags
13.20.250 Definitions.
13.20.260 Single-use carry-out bags prohibited.
13.20.270
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Administrative fine.
Rev: 09/2019
Article I. Storm Drain Discharge, Procedure, Use Regulations, and Prohibited Substances
13.20.010 Purpose.
This chapter is enacted for the protection of health, life, resources, and property through prevention and control of unauthorized discharges into watercourses, pursuant to a Federal mandate under (i) what is commonly referred to as the Clean Water Act (33 U.S.C. 1251 et seq.) and in accord with (ii) the California Water Code, Division 7 (entitled “Water Quality” – Section 13020 et seq. and commonly referred to as the “Porter-Cologne Water Quality Control Act”), and (iii) the Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) Permit (MRP) issued by the California Regional Water Quality Control Board, San Francisco Bay Region, under which the City is a permittee. The primary goal of this chapter is the cleanup of stormwater pollution from urban runoff that flows to creeks and channels, eventually discharging into the South San Francisco Bay.
13.20.020 Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings ascribed to them by this section, unless the context or the provision clearly requires otherwise.
(a) Reserved for future use.
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Rev: 09/2019
(b) “B” definitions:
(1) “Best management practices (BMPs)” means activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants to nearby creeks, streams, rivers, bays, and other waters of the United States. BMPs include treatment requirements, operation and maintenance procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (c) “C” definitions:
(1) “City” means and includes all the territory lying within the municipal boundaries of the City of Santa Clara, as presently existing, plus all territory which may be added thereto during the effective term of the ordinance codified herein. (2) “City Manager” means the City of Santa Clara’s City Manager and his/her duly authorized agents and representatives.
(3) “Conditions of Approval (COAs)” means requirements that the City may adopt for a project in connection with a discretionary action (e.g., adoption of an Environmental Impact Report or negative declaration or issuance of a use permit).
COAs may include features to be incorporated into the final plans for the project and may also specify uses, activities, and operational measures that must be observed over the life of the project.
(4) “Construction General Permit” means an NPDES permit issued by the California State Water Resources Control Board for construction activity that disturb one (1) or more acres of soil or that are part of a common plan of development or sale that in total disturbs more than one (1) acre of land surface.
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Rev: 09/2019
(d) “D” definitions:
(1) “Discharger” means any person who discharges, causes, or permits the discharge of industrial waste into a City sewer or storm drain. (e) Reserved for future use.
(f) “F” definitions:
(1) “Full trash capture devices” are treatment controls that block trash from entering stormwater system that meet the trash capture criteria included in the MRP. (g) Reserved for future use.
(h) “H” definitions:
(1) “Hydromodification” means the modification of the runoff hydrograph from a project site that is caused by land development, resulting in increased peak flows, volumes, and flow durations.
(2) “Hydromodification Management” (HM) refers to the use of detention and/or infiltration facilities that are constructed with special discharge structures to match pre-project runoff peak flows, volumes, and flow durations. (i) “I” definitions:
(1) “Illegal discharge” means any discharge to a City storm drain or storm sewer that is not composed entirely of stormwater except non-stormwater discharges authorized by an MRP, or other NPDES permit, or the state or regional water control authority.
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Rev: 09/2019
(2) “Impervious surface" means a constructed or modified surface that does not allow rainfall to percolate through to the subsoil and thus creates stormwater runoff.
Impervious surface includes, but is not limited to, building rooftops, pavement, sidewalks, patios, driveways or other hardscape where such surfaces are not constructed with pervious materials.
(3) “Industrial General Permit” means an NPDES permit issued by the California State Water Resources Control Board that regulates industrial storm water discharges and authorized non- storm water discharges from certain industrial facilities in California based on their Standard Industrial Classification (SIC) code. (j) Reserved for future use.
(k) Reserved for future use.
(l) “L” definitions:
(1) “Low Impact Development” or “LID” is a land planning and engineering technique that maintains a site’s predevelopment hydrology by minimizing the amount of disturbed areas and impervious cover and then infiltrating, storing, detaining, evapotranspiring, and/or biotreating stormwater runoff close to its source. (m) “M” definition:
(1) “Municipal Regional Stormwater Permit (MRP)” means the Municipal Regional Stormwater National Pollution Discharge Elimination System (NPDES) permit issued by the Regional Water Quality Control Board, San Francisco Bay Region to the City of Santa Clara and other permittees.
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Rev: 09/2019
(n) “N” definitions:
(1) “Non-stormwater” means any discharge that is not composed entirely of stormwater including, but not limited to, sewage, industrial wastes, petroleum products, PAHs, coal tar, or any refuse substance arising from the manufacture of gas from coal or petroleum, chemicals, detergents, solvents, oils, paints, contaminated water, chlorinated swimming pool water, trash, pesticides, wash water containing copper, or any other discharge containing heavy metals (e.g., copper, lead, mercury), pathogens (e.g., bacteria, viruses, protozoa), synthetic organics (e.g., pesticides, herbicides, PCBs), nutrients (e.g., nitrogen and phosphorus fertilizers); oxygen-demanding substances (e.g., decaying vegetation and animal waste), toxins, or other wastewater.
(o) Reserved for future use.
(p) “P” definitions:
(1) “Person” includes any person, firm, association, organization, partnership, business trust, joint venture, corporation, or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof.
(2) “Private Land Drainage Areas (PLDA)” means private parcels, excluding single- family and non- urban use parcels, that are significant trash generating, and that drain to storm drain inlets that the City does not own or operate, but that are plumbed to the City’s storm drain system, and are not already addressed by full trash capture devices.
(q) Reserved for future use.
(r) “R” definitions:
Rev: 09/2019
(1) “Regulated Project” is a new development and redevelopment project, including large detached single-family home projects, that create and/or replace an amount of impervious surface area that equals or exceeds the thresholds described in the MRP. The impervious surface area created and/or replaced by the project includes portions of the public right of way, such as the street frontage, that are constructed or reconstructed as part of the project.
(s) “S” definitions:
(1) “Site Design Measures” are site planning techniques to conserve natural spaces and/or limit the amount of impervious surface at new development and redevelopment projects to minimize runoff and the transport of pollutants in runoff. (2) “Small Development and Redevelopment Projects” and “Smaller Detached Single-Family Home Projects” are projects that create and/or replace an amount of impervious surface area that is less than the threshold for Regulated Projects, but greater than the threshold for Non-Regulated Projects.
(3) “Source Control Measures” are structural or nonstructural measures help prevent runoff pollution by reducing the potential for contact with rainfall runoff at the source of pollution. Source Control Measures minimize the contact between pollutants and urban runoff.
(4) “Stormwater” means rainfall runoff, snow melt runoff, surface runoff, and drainage from natural sources, and excludes infiltration. (5) “Stormwater Management Plan” means a plan identifying site design, source control, stormwater treatment, and hydromodification management measures as applicable for managing stormwater runoff from a Regulated Project for complying with the MRP.
Rev: 09/2019
(6) “Stormwater Pollution” represents a process whereby pollutants, debris, and chemicals generated from various land uses accumulate on streets, construction sites, parking lots, and other exposed surfaces and in sub- surface soils and are washed off and carried away by stormwater runoff into storm drains and watercourses. The major pollutants of concern in these discharges include, but are not limited to, total suspended solids, sediment, heavy metals (e.g., copper, lead, zinc, cadmium, mercury), polychlorinated biphenyls (PCBs), pathogens (e.g.,, bacteria, viruses, protozoa), trash, petroleum products and Polycyclic Aromatic Hydrocarbons (PAHs), synthetic organics (e.g., pesticides, herbicides), nutrients (e.g., nitrogen and phosphorus fertilizers); oxygen- demanding substances (e.g., decaying vegetation and animal waste), toxins, or any other substance or material deleterious to fish, plant life, or bird life.
(7) “Storm Water Pollution Prevention Plan (SWPPP)” means a site-specific document that includes information needed to demonstrate compliance with the Construction General Permit or the Industrial General Permit. (8) “Storm Drain System” sometimes termed “storm sewer,” means any pipe, conduit (including but not limited to streets, curbs, and gutters), or sewer of the City, designed or used for the disposal of stormwaters, surface waters, and natural drainage, including expressly authorized unpolluted water, but excluding any community sanitary sewer system.
(t) Reserved for future use.
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Rev: 09/2019
(u) “U” definitions:
(1) “Unpolluted water” means water to which no constituent has been added, either intentionally or accidentally, that would render such water unacceptable for disposal to storm systems, natural drainage, or directly to surface waters. (v) Reserved for future use.
(w) “W” definitions:
(1) “Waste” includes sewage and soil from erosion and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
(2) “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.
(3) “Wastewater” means water that contains any waste.
(x) Reserved for future use.
(y) Reserved for future use.
(z) Reserved for future use.
13.20.030 Discharges into City storm drains.
(a) It shall be unlawful to discharge, or cause, allow, or permit to be discharged into any storm drain, storm sewer, or natural outlet or channel any non-stormwater discharge. (b) No person shall discharge any substance directly into a manhole or other opening in a City storm drain or storm sewer other than through a City-approved storm drain connection. //
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Rev: 09/2019
(c) Upon permit application and approval by the Department of Public Works, unpolluted water may be discharged into the City’s Storm Drain System or into a natural outlet.
No discharge other than rainfall runoff shall be allowed, except for such discharge as is expressly permitted by the MRP and will not cause any impairment in the beneficial uses or quality of water of the State as defined in the California Water Code, or any special requirements of the Regional Water Quality Control Board, San Francisco Bay Region, or injure or interfere with the City’s storm drain system or the operation of the State’s watercourses.
(d) The City may, from time to time, by resolution of the City council, adopt supplementary rules and regulations on discharge into any storm drain or natural outlet or channel that shall have the same force and effect as if set forth herein and for which the remedies herein for violation shall be applicable.
13.20.040 Stormwater Management Requirements for New and Redevelopment Projects.
(a) Regulated Projects shall be required to implement Site Design Measures, source control, stormwater treatment, and, if applicable, hydromodification management (HM) measures. Stormwater treatment shall be provided using Low Impact Development (LID) techniques designed in accordance with the numeric sizing criteria described in the MRP. (b) All Regulated Project applicants shall submit a Stormwater Management Plan as part of the development application. The Stormwater Management Plan shall include plans and related documentation demonstrating how the requirements of the MRP will be met, and approval shall not be granted until the City determines that the Stormwater Management Plan complies with the requirements of the MRP. //
Rev: 09/2019
(c) Certain Regulated Projects, as defined in the MRP, that are smart growth, high density, and affordable housing projects shall be allowed to use specific types of non-LID treatment (i.e., high flow rate tree well filters and media filters), if the use of LID treatment is first evaluated and determined to be infeasible. The project applicant shall submit documentation to show why the use of LID treatment is infeasible and identify the non-LID treatment proposed based on the characteristics of the project. (d) If allowed by the MRP and authorized by the City, Regulated Projects shall be allowed to provide alternative or in-lieu compliance by treating an equivalent flow and pollutant load of the project’s stormwater runoff with LID treatment measures at an on-site location that otherwise would not require treatment, or at an offsite location in the same watershed, or by paying fees to provide stormwater treatment at a regional project or an offsite project constructed and maintained by others. The offsite and fees alternative compliance options shall provide a net environmental benefit, as described in the MRP. (e) Small Development and Redevelopment Projects and Smaller Detached Single-Family Home Projects that require approvals and/or permits under the City’s planning, building, or other comparable authority, shall include at least one of the following site design measures:
(1) Direct roof runoff into cisterns or rain barrels for reuse; (2) Direct roof runoff onto vegetated areas;
(3) Direct runoff from sidewalks, walkways, and/or patios onto vegetated areas; (4) Direct runoff from driveways or uncovered parking areas/lots onto vegetated areas;
(5) Construct sidewalks, driveways, and/or patios with permeable surfaces; (6) Construct bike lanes, driveways, and/or uncovered parking lots or areas with permeable surfaces.
Rev: 09/2019
(f) All new development and redevelopment projects subject to planning, building, development, or other comparable reviews by the City, but not meeting the definition of Regulated Projects, Small Development and Redevelopment Projects or Smaller Detached Single-Family Home Projects shall include appropriate site design measures and source control measures, as determined by the City.
(g) All Regulated Projects shall install on-site full trash capture devices. Installed full trash capture devices shall be maintained by the property owner for the life of the project, following the manufacturer’s recommendations for maintenance. (h) All Regulated Project applicants shall enter into a Stormwater Treatment Measures Inspection and Maintenance Agreement with the City to properly maintain all stormwater treatment measures, HM controls, and full trash capture devices installed on- site at the project location, or at an approved off-site location. The agreement shall provide access, to the extent allowable by law, for representatives of the City, the local vector control district, and the Regional Water Quality Control Board, strictly for the purposes of performing operation and maintenance inspections of the installed stormwater treatment m easures, HM controls, and full trash capture devices. Any landowner of a property which has been required by this chapter to construct or install and maintain stormwater treatment measures, HM controls, and full trash capture devices, upon transferring ownership of such property, shall provide the new owners with a current copy of this chapter, and shall inform the new owners in writing of their obligation to properly operate, inspect, and maintain the stormwater treatment measures, HM controls, and full trash capture devices. //
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Rev: 09/2019
(i) Failure to properly maintain stormwater treatment measures, HM controls, and full trash capture devices per approved design shall be considered a violation of this chapter, and the landowner shall be required to make corrections within a specified time frame, as determined by the City. The landowner shall be responsible for the cost of corrections. If, after notice by the City to correct a violation, satisfactory corrections are not made by the landowner within a specified time period, the City may correct the violation by performing all necessary work to place the facility or practice in proper working condition. The landowner shall be assessed for the cost of the work and any penalties. (j) COAs related to stormwater management approved during the building permit application process must be maintained after project completion, for the life of the project.
Failure to comply with COAs shall be considered a violation of this chapter, and the landowner shall be required to make corrections within a specified time frame, as determined by the City. The landowner shall be responsible for the cost of corrections.
13.20.050 Stormwater Management Requirements for Construction Sites. (a) All construction sites owners/operators shall implement and maintain adequate and effective erosion control, run- on and runoff control, sediment control, active treatment systems (as appropriate), dewatering, good site management, and non-stormwater management through all phases of construction (including, but not limited to, grubbing, clearing, site grading, filling, excavation, leveling, building, landscaping, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. All temporary erosion and sediment control measures shall be removed upon completion of construction.
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Rev: 09/2019
(b) All construction site owners/operators shall submit, for review and approval by the City, an erosion and sediment control plan that includes seasonally appropriate and effective BMP’s, as described in the MRP.
(c) Owners/operators of all construction sites that disturb one acre or more of soil shall file a Notice of Intent (NOI) for permit coverage under the Construction General Permit and ensure that a site-specific Stormwater Pollution Prevention Plan (SWPPP) is developed, and amended as necessary, by a qualified SWPPP developer. The owner/operator shall provide evidence of permit coverage prior to the issuance of building, grading, demolition, or site improvement permits.
(d) All construction site owners/operators shall provide access to representatives of the City for inspecting BMPs prior to ground disturbance, during construction, and after the construction is complete. Upon request, the construction site owner/operator shall present the site-specific SWPPP and evidence of permit coverage under the Construction General Permit to the City. Failure to implement and maintain adequate and effective BMPs year round in accordance with the approved Erosion and Sediment Control Plan or the SWPPP (if applicable) shall be considered a violation of this chapter, and the construction site owner shall be required to make corrections within a specified time frame, as determined by the City.
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Rev: 09/2019
13.20.060 Stormwater Management Requirements for Industrial and Commercial Sites.
(a) All industrial and commercial businesses located or operating within the City shall implement and maintain adequate and effective BMPs, as determined by the City at its sole discretion, to address Stormwater Pollution associated with outdoor process and manufacturing areas; outdoor material storage areas; outdoor waste storage, handling, and disposal areas; outdoor vehicle and equipment storage and maintenance areas; outdoor parking areas and access roads; outdoor wash areas (e.g., areas used to wash restaurant equipment and mats, vehicles, etc.); outdoor drainage from indoor areas; fueling areas; rooftop equipment; contaminated and erodible surface areas; and other sources determined by the MRP to have a reasonable potential to contribute to pollution of stormwater runoff.
(b) Owners/operators of industrial and commercial sites that are subject to the Industrial General Permit shall ensure that a site- specific SWPPP is developed and amended as necessary.
(c) Pursuant to Business and Professions Code Section 16100.3, any business applying to the City for a new or renewed business license that is subject to the Industrial General Permit based on its Standard Industrial Classification (SIC) code shall either demonstrate coverage under the Industrial General Permit or provide sufficient proof of non-applicability to the City prior to the business license being issued or renewed. //
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(d) All industrial and commercial sites shall provide access to representatives of the City to inspect BMPs, and to collect samples and measurements to ensure compliance with the MRP. Upon request, and if applicable, the industrial site owners/operators shall present the site-specific SWPPP, evidence of coverage under the Industrial General Permit, and documentation showing the submittal of the Annual Report to the State Water Resources Control Board as required by the Industrial General Permit. Failure to implement and maintain adequate and effective BMPs or comply with the approved SWPPP (if applicable) shall be considered a violation of this chapter, and the site owner shall be required to make corrections within a specified time frame, at the property owner’s cost, as determined by the City.
13.20.070 Stormwater Management Requirements for Private Land Drainage Areas (PLDAs).
(a) Owners of sites with designated PLDAs shall provide access to authorized representatives of the City to inspect and qualitatively score areas within PLDAs (e.g., driveways, sidewalks, parking lots, and other impervious surfaces) based on the levels of trash visually observed.
(b) Depending on the levels of trash visually observed, as required by the MRP, the City may require PLDA site owners to implement trash control measures, including, but not limited to, installation of full trash capture device(s) and/or other trash management BMPs.
Failure to implement and maintain adequate and effective BMPs shall be considered a violation of this chapter, and the site owner shall be required to make corrections within a specified time frame, at the property owner’s cost, as determined by the City. //
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(c) If required by the City to install a full trash capture device to service a PLDA, the PLDA site owner shall enter into a maintenance agreement with the City to properly maintain the device(s), in perpetuity. The Agreement shall provide access, to the extent allowable by law, to representatives of the City, strictly for the purposes of performing operation and maintenance inspections of the full trash capture device(s). Upon transferring ownership of such property, the original PLDA site owner, shall provide the new owner(s) with a current copy of this chapter, and shall inform the new owner(s) in writing of their obligation to properly operate and maintain the full trash capture device(s). (d) Failure to properly maintain the full trash capture device(s) serving a designated PLDA shall be considered a violation of this chapter, and the PLDA site owner shall be required to make corrections within a specified time frame, as determined by the City.
13.20.080 Stormwater Management Plan Review and Inspection Fees. (a) The City may, by resolution of the City Council, establish fees for Stormwater Management Plan review, Erosion and Sediment Control Plan review, SWPPP review, construction site inspections, construction and demolition diversion report verification, installation and operation and maintenance verification inspections of stormwater treatment measures, HM controls, and full trash capture devices, PLDA inspections, and inspections of commercial and industrial facilities.
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13.20.090 Authority to Inspect, Monitor, and Sample.
(a) When deemed necessary by the City Manager, authorized representatives of the City shall, within the limitations of applicable state and federal laws, be allowed to enter any property at all reasonable times to inspect and monitor the same, and to collect samples and measurements to ensure compliance with the MRP. In the event the owner or occupant refuses entry after a request to enter and inspect has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(b) If the inspection, monitoring, or sampling results indicate a violation of the MRP, the City may require the property owner to make appropriate corrections within a specified time frame, or implement appropriate BMPs, at the property owner’s cost, as determined by the City.
13.20.100 Suspension of service.
When found necessary by the City Manager or his/her duly authorized agents and representatives to prevent violation of, or nonconformance with, any provision of this chapter or resolution adopted pursuant thereto, he/she shall refuse to allow, and shall suspend service connections with, the storm drain system to any person not complying with allowable storm drain discharges or regulations.
13.20.110 Monitoring of discharge into the storm drain system. (a) When deemed necessary by the City Manager or his/her duly authorized agents and representatives, he/she shall require any person to monitor their storm drain discharges to ensure compliance with allowable discharges.
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(b) Where BMP guidelines or requirements have been adopted by any Federal, State, regional, County, or local agency, for any activity, operation, or facility that may cause or contribute to stormwater pollution or contamination, illicit discharges, discharges of non- stormwater to the stormwater system, every person undertaking such activity or operation, or owning or operating such facility, shall comply with such guidelines or requirements as may be identified by the City Manager or his/her duly authorized agents and representatives.
13.20.120 Public nuisance.
The discharge of unscreened garbage, fruit, vegetable, animal, or other solid or liquid industrial wastes into any storm drain or natural outlet or channel, in violation of any provision of this chapter, is hereby declared to be a public nuisance. The City Manager or his/her duly authorized agents and representatives may order cleanup of the waste or abatement of the effects of the waste. In the case of threatened pollution or nuisance as determined by the City Manager or his/her duly authorized agents and representatives, the City may take other remedial action, including, but not limited to, the overseeing of the cleanup and abatement efforts, or the City may seek the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of this chapter. Any person who violates the cleanup or abatement may be civilly, criminally, or administratively liable pursuant to SCCC 13.20.150. //
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13.20.130 Protection from accidental discharge – Accidental discharge notification. (a) Each person shall provide protection from accidental or negligent discharge of non- stormwater discharge, materials, or other wastes regulated by this chapter into any storm drain, storm sewer, natural outlet, or channel. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and equipment and facilities used to prevent accidental or negligent discharge of prohibited materials shall be provided and maintained at the user’s expense.
(b) All persons shall notify the City of Santa Clara Department of Public Works by telephone immediately upon negligent or accidental discharge of non-stormwater or wastes to enable mitigation or countermeasures to be taken by the City to minimize damage to storm drains and the receiving waters.
(c) This notification shall be followed, within five days of the date of occurrence, by a detailed written statement describing the cause of the negligent or accidental non- stormwater discharge and the measures being taken to prevent future occurrences. Such notification will not relieve the person of liability for violations of this chapter or for any fines or penalties imposed on the City on account thereof under Section 13350 of the California Water Code, or for violation of Section 5650 of the California Fish and Game Code, or any other applicable provisions of State or Federal laws, or local ordinances.
13.20.140 Discharge pursuant to City and/or NPDES permit. (a) Subject to review and approval under SCCC Chapter 13.20.030, the provisions of this chapter shall not prohibit any discharge in compliance with a valid NPDES permit issued to the discharger.
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(b) Any discharge that would result in or contribute to a violation of the City-issued permit and the City’s NPDES permit, which shall be available from the City’s Department of Public Works, and any amendment, revision, or reissuance thereof, either separately considered or when combined with other discharges, is prohibited. Liability for any such non- stormwater discharge shall be the responsibility of the person causing or responsible for the non-stormwater discharge, and such person shall protect, defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such action.
13.20.150 Criminal or civil penalty for violation, payment of funds to account. (a) Pursuant to SCCC 1.05.070, the City in its prosecutorial discretion, may enforce violations(s) of the provisions of this chapter as a criminal, civil, and/or administrative action. Administrative citations issued under this chapter shall follow the process set forth in Chapter 1.10 SCCC.
(b) Citation Authority. The following designated employee positions may enforce the provisions of this chapter by issuance of citations. Persons employed in such positions are authorized to exercise the authority provided in Penal Code Section 836.5 and are authorized to issue citations for violations of this chapter. The designated employee positions are the City Manager, or his/her duly authorized agents and representatives. //
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13.20.160 Emergency cleanup or abatement.
In order to enforce the provisions of this chapter, when the City Manager (or his/her duly authorized agents and representatives) finds and determines that the severity of the violation warrants immediate action, he/she shall clean up or abate violation thereof. The cost of such cleanup or abatement shall be recovered by the City. Such emergency cleanup or abatement will not relieve the person of further action, which may be taken by the City Manager (or his/her duly authorized agents and representatives), including but not limited to, suspension, revocation, or modification of the discharger’s permit, liability for any violations of this chapter, or any other applicable provisions of State or Federal laws, or local ordinances.
13.20.170 Administrative penalties.
Whenever the City Manager (or his/her duly authorized agents and representatives) finds that any person has violated any notice of violation requiring compliance with any provision of this chapter, or has violated any provision of this chapter, he/she may assess an administrative penalty in a sum not to exceed one thousand dollars ($1,000.00) per violation and ten thousand dollars ($10,000) per day, excluding inspection costs, or cleanup or abatement costs. The remedy provided in this section shall be pursuant to administrative procedures and is cumulative and not exclusive, and shall be in addition to all other remedies available to the City under State and Federal law and local ordinances.
13.20.180 Costs of enforcement.
In any civil, criminal, or administrative appeal, hearing, or action commenced by the City under this chapter, the City shall be entitled to recover from the defendant of such action reasonable attorneys’ fees, costs of suit, and any other costs of enforcement, including, but not limited to, inspection costs and cleanup or abatement costs.
Rev: 09/2019
Article II. Storm Drain Environmental Compliance Fee
13.20.190 Definitions.
(a) “Commercial, industrial, or miscellaneous premises” means a premises designed, improved, or used for a commercial or industrial purpose, other than multifamily or single- family residential purpose, and includes, but is not limited to, private schools and churches.
(b) “Multifamily residential premises” means a premises designed, improved, or used as a residence for five or more families, including apartments and condominiums, and that is not designed, improved, or used for a commercial, industrial, or miscellaneous purpose. (c) “Premises” means a separate lot or parcel of land, improved or unimproved, which is connected to, or benefits from, directly or indirectly, the storm drain system, or any portion thereof, or from which any water runoff is discharged directly or indirectly into the City’s storm drain system.
(d) “Single-family residential premises” means a premises that is designed, improved, or used as a residence for one family only, which includes but is not limited to, individual duplex, triplex, and fourplex residential dwelling units, and that is not designed, improved, or used for a commercial, industrial, multifamily residential, or miscellaneous purpose. (e) “Storm Drain Environmental Compliance Fee” means a program established by the City to assess the fees necessary to cover the costs of the City’s federally mandated stormwater management program pursuant to the MRP.
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13.20.200 Rates – Users within the city.
There is hereby levied and assessed against and upon all premises having storm drain discharges into or through the storm drain system a monthly storm drain environmental compliance fee The City may, by resolution, establish and amend the monthly storm drain charge and define how such charge will be applied to various types of premises within the city. Said resolution shall contain the effective date of any change in the monthly storm drain charge.
13.20.210 Rates – Issuance of bills – Information required.
All bills for storm drain charges shall be issued by the City Department of Finance. Storm drain charge amounts shall be combined with bills or statements for water and sewer service provided by the City. Storm drain charges shall be assessed in all cases where the premises in question is connected to the City’s water system, sewer system, or storm drain system.
The bills shall state their purpose and the name and last known address of the person responsible for payment, and list separately each charge for water service, sewer service, and storm drain service. None of these charges shall be paid separately from the other. All bills shall be for monthly periods or for such other period as shall be determined by resolution of the City.
Article III. Polystyrene Foam Disposable Service Ware
13.20.220 Definitions.
(a) “Director of Public Works” means the Director of Public Works and his/her duly authorized agents and representatives.
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(b) “Disposable food service ware” means single- use disposable products used in the restaurant and food industry for serving prepared food and includes, but is not limited to, plates, trays, cups, bowls and hinged or lidded containers (clamshells). “Disposable food service ware” does not include straws, utensils, drink lids or ice chests. (c) “Food vendor” means any establishment located in the City of Santa Clara that sells or otherwise provides prepared food for consumption on or off its premises, and includes, but is not limited to, any shop, sales outlet, restaurant, bar, pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, delicatessen, mobile food truck, vehicle or cart, or roadside stand. A “food vendor” does not include a food service provider that is associated with either a nonprofit organization with Section 501(c)(3) status under the Internal Revenue Code or a public agency sponsored program. (d) “National food vendor” means a food vendor that is a chain of franchised or corporate owned establishments located in more than one state.
(e) “Polystyrene foam” means a thermoplastic petrochemical material made from a styrene monomer and expanded or blown using a gaseous agent (expanded polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). “Polystyrene foam” is commonly made into disposable food service ware products. “Polystyrene foam” does not include clear or solid polystyrene (oriented polystyrene). (f) “Prepared food” means food or beverages that are packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises. “Prepared food” does not include: (1) any raw, uncooked meat products or fruits or vegetables unless it can be consumed without further preparation; or (2) prepackaged food that is delivered to the food vendor wholly encased, contained or packaged in a container or wrapper, and sold or otherwise provided by the food vendor in the same container or packaging.
Rev: 09/2019
13.20.230 Polystyrene foam disposable food service ware prohibited. (a) No national food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after September 1, 2014. (b) No food vendor shall sell or otherwise provide prepared food in polystyrene foam disposable food service ware on or after January 1, 2015.
13.20.240 Exemptions to the polystyrene foam disposable food service ware prohibition.
(a) A national food vendor or food vendor may seek an exemption from the prohibition under SCCC 13.20.230 due to a “unique packaging hardship” under subsection (b) of this section or a “financial hardship” under subsection (c) of this section. (b) The national food vendor or food vendor must demonstrate that no reasonably feasible alternative exists to a specific and necessary polystyrene foam disposable food service ware to qualify for a “unique packaging hardship” exemption. (c) The national food vendor or food vendor must demonstrate both the following to qualify for a “financial hardship” exemption: (1) a gross income under three hundred thousand dollars ($300,000.00) on its annual income tax filing for the most recent tax year, and (2) with respect to each specific and necessary polystyrene foam disposable food service ware, that there is no feasible alternative that would cost the same or less than the polystyrene foam disposable food service ware.
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(d) The national food vendor or food vendor may submit a written application for an exemption on a form provided by the Public Works Department. The Director of Public Works or designee may require the applicant to submit additional information or documentation to make a determination regarding the exemption request. A request for exemption shall be with or without condition, for a period of twelve (12) months. The national food vendor or food vendor must apply for a new exemption period no later than sixty (60) days prior to the expiration of the then current exemption period to preserve a continuous exemption status. Each application shall be reviewed anew and will be based on the most current information available. The determination of the Director or designee shall be final and is not subject to appeal.
Article IV. Single-Use Carry-Out Plastic Bags
13.20.250 Definitions.
(a) “Customer” means any person obtaining goods from a retail establishment. (b) “Nonprofit charitable organization” means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986. (c) “Person” means any natural person, firm, corporation, partnership or other organization or group however organized.
(d) “Prepared food” means food or beverage which is prepared on the premises by cooking, chopping, slicing, mixing, freezing or squeezing, and which requires no further preparation to be consumed. “Prepared food” does not include any produce, bulk food or meat department within a retail establishment.
(e) “Public eating establishment” means a:
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(1) Restaurant, take-out food establishment or any other business that receives ninety percent (90%) or more of its revenue from the sale of prepared food to be eaten on or off its premises; or
(2) Department, unit or section located within and operated by a retail establishment that generates ninety percent (90%) or more of its revenue from the sale of prepared food to be eaten on or off its premises, and the department, unit or section does not engage in the sale of perishable or nonperishable goods from another department, unit or section within the same retail establishment.
(f) “Recycled paper bag” means a paper bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment that contains no old growth fiber and a minimum of forty percent (40%) post-consumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the word “Recyclable,” the name and location of the manufacturer, and the percentage of post -consumer recycled content.
(g) “Retail establishment” means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food and personal items directly to the customer; and is located within or doing business within the geographical limits of the city of Santa Clara. “Retail establishment” does not include public eating places, nonprofit charitable organizations, or farmer’s markets.
(h) “Reusable bag” means either a bag made of cloth or machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse. //
Rev: 09/2019
(i) “Single-use carry-out bag” means a bag other than a reusable bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. “Single-use carry-out bags” do not include bags without handles provided to the customer: (1) to transport produce, prepared food, bulk food or meat from a produce, deli, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag; (4) to protect clothing or garments after cleaning; or (5) to place personal items for the purpose of security requirements.
13.20.260 Single-use carry-out bags prohibited.
(a) No retail establishment shall provide a single-use carry-out bag to a customer, at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment effective December 1, 2014. (b) On or before December 1, 2014, a retail establishment may make available for sale to a customer a recycled paper bag or a reusable bag for a minimum charge of ten cents ($0.10).
(c) Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag unless the amount of the sale of the recycled paper bag is separately itemized on the sale receipt.
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(d) A retail establishment may provide a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; with one or more recycled paper bags at no cost.
13.20.270 Administrative fine.
(a) A fine may be imposed upon findings made by the City Manager, his or her designee, or a code enforcement officer that any retail establishment has provided a single-use carry-out bag to a customer in violation of this chapter.
(b) Upon findings made under subsection (a) of this section, the retail establishment shall be subject to an administrative fine as follows:
(1) A fine not exceeding one hundred dollars ($100.00) for a first violation;
(2) A fine not exceeding two hundred dollars ($200.00) for a second violation;
(3) A fine not exceeding five hundred dollars ($500.00) for a third and subsequent violations;
(4) Each instance that a retail establishment has provided single-use carry-out bags to a customer constitutes a separate violation.
SECTION 2: Ordinances Repealed. With exception of the provisions protected by the
savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
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SECTION 3: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 4: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California." PASSED FOR THE PURPOSE OF PUBLICATION this 24TH day of SEPTEMBER, 2024, by the following vote:
AYES: COUNCILORS :
NOES : COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Becker, Chahal, Hardy, Jain, Park and
Watanabe, and Mayor Gillmor
None
None
None
ATTEST: ~
NORAPIME~
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/Storm Drain Code Update
Rev: 09/2019