Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
Tuesday, July 15, 2025 5:00 PM
Councilmember Hardy will be participating remotely from the following location:
114 Austin Court, Lincoln, CA 95648-2808
Councilmember Park will be participating remotely under the "Just Cause" Provision of AB2449 The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely).
City of Santa Clara Page 1 of 14 Printed on 7/11/2025
City of Santa Clara
Joint Meeting Agenda of the
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
• Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
How to Submit Written Public Comment Before City Council Meeting:
1. Use the eComment tab located on the City Council Agenda page https://santaclara.legistar.com/Calendar.aspx). eComments are directly sent to the iLegislate application used by City Council and staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting.
2. By email to [email protected] by 12 p.m. the day of the meeting. Those emails will be forwarded to the Council and will be uploaded to the City Council Agenda as supplemental meeting material. Emails received after the 12 p.m. cutoff time up through the end of the meeting will form part of the meeting record. Please identify the Agenda Item Number in the subject line of your email.
NOTE: Please note eComments and Emails received as public comment will not be read aloud during the meeting.
Agendas, Staff Reports and some associated documents for City Council items may be viewed on the Internet at https://santaclara.legistar.com/Calendar.aspx All public records relating to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the Office of the City Clerk at Santa Clara City Hall, 1500 Warburton Avenue, Santa Clara, CA 95050 at the same time that the public records are distributed or made available to the legislative body. Any draft contracts, ordinances and resolutions posted on the Internet site or distributed in advance of the Council meeting may not be the final documents approved by the City Council. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].
Meeting Agenda July 15, 2025
Closed Session - 5:00 PM | Regular Meeting - 7:00 PM
5:00 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum
1.A Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov’t Code § 54956.9(d)(1)
Jane Roe v. Doe 1, et al, Santa Clara County Superior Court Case No. 22CV409274
25-609
1.B Public Employee Performance Evaluation (CC)
Pursuant to Government Code § 54957(b)(1)
Title: City Attorney
Conference with Labor Negotiators (CC)
Pursuant to Government Code 54957.6(a)
Agency designated representatives: Councilmembers Jain, Chahal, and Hardy; City staff members Aracely Azevedo, Sujata Reuter
Unrepresented Employee: City Attorney
25-786
1.C Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jovan D. Grogan, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R. Googins
Employee Organization(s):
Unit # 10 - Public Safety Non-Sworn Employees Association 25-821
Public Comment
The public may provide comments regarding the Closed Session item(s) just prior to the Council beginning the Closed Session. Closed Sessions are not open to the public.
Convene to Closed Session (Council Conference Room)
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
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Stadium Authority Board Meeting
Meeting Agenda July 15, 2025
Pledge of Allegiance and Statement of Values
Roll Call
REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS
CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS
2. Action on Proposed Formation of a Charter Review Committee to Conduct Comprehensive Review of the City Charter to
Update, Make Corrections and Better Align the Charter with State Law and Current Best Practices and to Draft a
Comprehensive Charter Amendment for Presentation to the City Council and Possibly the Voters at the November 2026 Election (Deferred from 7-8-2025)
25-806
Review, discuss and provide direction to staff on the
proposed formation of a City Charter Review
Committee to engage in a comprehensive Charter
review and amendment process
Recommendation:
SPECIAL ORDER OF BUSINESS
3.A Recognition of Santa Clara High School Baseball Team Central Coast Section (CCS) Champs
25-641
3.B Recognition of Outgoing Commissioners on the Bicycle and Pedestrian Advisory Committee, Cultural Commission, Historical and Landmarks Commission, Parks and Recreation
Commission, Salary Setting Commission, and Senior Advisory Commission
25-752
CONSENT CALENDAR
[Items listed on the CONSENT CALENDAR are considered routine and will be adopted by one motion. There will be no separate discussion of the items on the CONSENT CALENDAR unless discussion is requested by a member of the Council, staff, or public. If so requested, that item will be removed from the CONSENT CALENDAR and considered under CONSENT ITEMS PULLED FOR DISCUSSION.]
4.A 25-14 Board, Commission and Committee Minutes
Note and file the Minutes of:
Historical and Landmarks Commission - April 3, 2025
Station Area Task Force - February 20, 2025
Station Area Task Force - April 17, 2025
Recommendation:
City of Santa Clara Page 3 of 14 Printed on 7/11/2025
Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda July 15, 2025
4.B Action on Delegation of Authority to the City Manager to Negotiate and Execute Amendment No. 7 to the Agreement with Applied Power Technologies, Inc. for Electrical Power
Monitoring Systems Support and Maintenance Services
25-84
1. Authorize the City Manager or designee to
negotiate and execute Amendment No. 7 to the
Agreement with Applied Power Technologies, Inc.
(Agreement) for Electrical Power Monitoring
Systems Support and Maintenance Services to
increase the maximum compensation to
$1,000,000 and extend the term through
December 31, 2031, subject to the appropriation
of funds and approval as to form by the City
Attorney; and
2. Authorize the City Manager to take any actions
necessary to implement and administer the
Agreement, and negotiate and execute
amendment(s) to (a) add or delete services
associated with the services; (b) adjust future rates
based on market conditions, and (c) make de
minimis changes, subject to appropriation of
funds, and the review and approval as to form by
the City Attorney.
Recommendation:
4.C Action on the Annual Report for FY 2025 for the Santa Clara County Multi-Jurisdictional Program for Public Information related to the Federal Emergency Management Agency’s
National Flood Insurance Program’s Community Rating System 25-533
Note and File the Annual Report for FY 2025 for the
Santa Clara County Multi-Jurisdictional Program for
Public Information related to the Federal Emergency
Management Agency’s National Flood Insurance
Program’s Community Rating System
Recommendation:
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Stadium Authority Board Meeting
Meeting Agenda July 15, 2025
4.D Action to: (1) Adopt a Resolution of Local Support for the Santa Clara Uncontrolled Crosswalk Phase 2 Project, (2) Authorize the City Manager to Execute All Documents Related to Accepting the Housing Incentive Pool Grant Program Funding, (3)
Authorize the City Manager to Amend the Kimley-Horn and Associates, Inc. Consultant Service Agreement As Needed for Federal Funding Requirements, and (4) Approve Related
Budget Amendments
25-534
1. Adopt a Resolution authorizing the filing of an
application for $1,754,000 in funding assigned to
the MTC, committing the necessary matching
funds, and stating assurance to complete the
Santa Clara Uncontrolled Crosswalk Phase 2
project;
2. Authorize the City Manager to execute all
documents related to accepting the Housing
Incentive Pool funding for the Santa Clara
Uncontrolled Crosswalk Phase 2 project funded in
the Streets and Highways Capital Fund in final
forms approved by the City Attorney;
3. Authorize the City Manager to negotiate and
execute an amendment to the agreement with
Kimley-Horn and Associates, Inc. as needed,
subject to a total maximum not-to-exceed
compensation limit of $400,000 for the agreement
and budget appropriations, in final forms approved
by the City Attorney; and
4. Approve FY 2025/26 budget amendments in the
Streets and Highways Capital Fund:
a. Increase the Other Agencies Revenue estimate
by $1,754,000 to recognize Housing Incentive
Pool funding and increase the Uncontrolled
Crosswalks Improvements project
appropriation by $1,754,000 (five affirmative
Council votes required to appropriate
additional revenue); and
b. Decrease the Uncontrolled Crosswalks
Improvements project funded by gas tax by
$1,000,000 and increase the Unrestricted
Ending Fund Balance by $1,000,000 (majority
affirmative Council votes required).
Recommendation:
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Meeting Agenda July 15, 2025
4.E Action on Adopting a Resolution Approving the Update to the Sewer System Management Plan (SSMP) to Implement New
State Requirements for the Operation and Maintenance of the City’s Sewer Collection System
25-657
Adopt the Resolution to Approve the Update to the
Sanitary Sewer Management Plan (SSMP) to
Implement New State Requirements for the Operation
and Management of the City’s Sewer Collection
System
Recommendation:
4.F City Council and Authorities Action Delegating Authority: to the City Manager for the City; the Executive Director for the Santa Clara Stadium Authority; the Contract Administrator for the Sports and Open Space Authority; and the Executive Director for the Housing Authority during the City Council recess period from July 16, 2025, through August 18, 2025
25-691
That the City Council/Stadium Authority Board/Sports
and Open Space Authority/Housing Authority adopt a
Joint Resolution (1) delegating authority to the City
Manager, or their designee, in their capacity as for the City Manager for the City, Executive Director for the
Santa Clara Stadium Authority, Contract Administrator
for the Sports and Open Space Authority, and the
Executive Director for the Housing Authority to take
actions otherwise subject to Council/Board approval
where inaction would result in project delays,
interruption of services and operations, adverse fiscal impact or in the event of an emergency, during the
period from July 16, 2025 through August 18, 2025,
with any such action being subject to review and
approval by the City Attorney for compliance with the
terms of such delegation, and as to form for any
related contracts;
and (2) requiring the City Manager to submit a report
on actions taken during the Council recess at a City
Council/Concurrent Authorities Meeting in August
2025.
Recommendation:
4.G Action on City Bills and Claims Report for the period May 10, 2025 - June 6, 2025
25-704
Approve the list of Bills and Claims for May 10, 2025 - June 6, 2025.
Recommendation:
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Meeting Agenda July 15, 2025
4.H Action on Award of Agreement for Construction Services with C2R Engineering, Inc. for As-Needed Asphalt Repair Services 25-709
1. Determine that the proposed actions are exempt
from CEQA pursuant to Section 15301 (Existing
Facilities) of Title 14 of California Code of
Regulations; and
2. Authorize the City Manager or designee to execute
an agreement with C2R Engineering, Inc. for
as-needed asphalt repair services for a term of
five years, starting on or around July 1, 2025, and
ending on or around June 30, 2030, with a
maximum compensation not-to-exceed
$10,400,000, subject to the appropriation of funds
and review and approval as to form by the City
Attorney;
3. Authorize the City Manager or designee to execute
additional agreements with firms selected through
a subsequent RFP process for as-needed asphalt
repair services, on the same terms and conditions
and subject to the maximum compensation as the
agreement with C2R Engineering, Inc., the
appropriation of funds and review and approval as
to form by the City Attorney; and
4. Authorize the City Manager or designee to take
any actions necessary to implement and
administer the agreements, including negotiating
and executing future amendments to (a) add or
delete services associated with the scope of work
and (b) make de minimis changes, subject to
subject to the appropriation of funds and review
and approval as to form by the City Attorney.
Recommendation:
4.I Action on Approval of Three (3) New Full-time Positions to Support Silicon Valley Power’s System Expansion Program 25-725
Approve the addition of three (3) full-time positions for Silicon Valley Power to support Silicon Valley Power’s
System Expansion Program as follows: (a) One
Senior Electric Utility Engineer; (b) One Electric Utility Engineer; and (c) One Management Analyst
Recommendation:
City of Santa Clara Page 7 of 14 Printed on 7/11/2025
Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda July 15, 2025
4.J Action to Authorize the Use of City Electric Forces for Public Works at 4900 Patrick Henry Drive, 88 Saratoga Avenue, and 3025 Raymond Street
25-735
1. Determine that the proposed action is exempt
from CEQA pursuant to Section 15302 (Class 2 -
Replacement or Reconstruction) and Section
15303 (Class 3 - New Construction) of Title 14 of
the California Code of Regulations; and
2. Declare and determine in accordance with Section
1310 of the City Charter that the public works
located at 4900 Patrick Henry Drive, 88 Saratoga
Avenue, and 3025 Raymond Street with an
estimated cost of $345,312 are better performed
by the City with its own employees based on the
information set forth in this Report to Council and
authorize the performance of these public works
consistent with this authorization.
Recommendation:
City of Santa Clara Page 8 of 14 Printed on 7/11/2025
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Meeting Agenda July 15, 2025
4.K Action to Authorize the Use of City Electric Forces for New Dark Fiber Installations at Various Locations
25-739
1. Determine the proposed action is exempt from
CEQA pursuant to Section 15301 (Class 1 -
Existing Facilities) of Title 14 of the California
Code of Regulations; and
2. Declare and determine in accordance with Section
1310 of the City Charter that the public works
located at 3080 Raymond Street, 1525 Comstock
Street, 1700 Richard Avenue, and 2151 Mission
College Boulevard; 2807 Mission College
Boulevard, 3340 Basset Street, 3030 Corvin
Drive, 2625 Walsh Avenue, 2050 Martin Avenue,
and 1601 Civic Center Drive; 3305 Bassett Street,
4700 Old Ironsides Drive, 1400 Kifer Road
(Sunnyvale, CA), 2401 Walsh Avenue, and 1525
Comstock Street; 1675 Walsh Avenue; 1675
Walsh Avenue and 3340 Bassett Street; 1675
Walsh Avenue; 1380 Kifer Road, 3340 Bassett
Street, 1350 Duane Avenue, 3080 Raymond
Street, 1100 Space Park Drive, and 1700 Richard
Avenue; and 3340 Bassett Street, 3045 Raymond
Street, and 1675 Walsh Avenue are better
performed by the City with its own employees
based on the information set forth in this Report to
Council and authorize the performance of these
public works consistent with this authorization.
Recommendation:
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Stadium Authority Board Meeting
Meeting Agenda July 15, 2025
4.L Approve the Modification of Unclassified Classification Specifications, Authorize the City Manager to Execute a Side Letter with Unit 1, and Adopt a Resolution Updating the Unclassified and Classified Salary Plans
25-751
1. Approve Revisions to Legal Executive Assistant
(Job Code 185) Class Specification;
2. Approve Revisions to Assistant Director of Water
and Sewer Utilities (Job Code 014)
Class Specification;
3. Retitle Director of Silicon Valley Power (Job Code
108) Class Specification;
4. Authorize the City Manager to Execute a Side
Letter for the Firefighter I (24-hr) Training Division
(Steps 1-3); and
5. Adopt a Resolution to approve the revised salary
plans for unclassified and classified positions to
satisfy the requirements of California Code of
Regulations Section 570.5, effective August 3,
2025.
Recommendation:
4.M Action on Monthly Financial Status and Investment Reports for May 2025
25-757
Note and file the Monthly Financial Status Report
and Monthly Investment Report for May 2025 as
presented.
Recommendation:
4.N Authorize the City Manager to Execute the 2025-2029 Memorandum of Understanding Between the City of Santa
Clara and the Police Officers Association (Unit 2) that Incorporates the Terms of the Joint Mediation Recommendation and Approve a Resolution for the Updated Classified Salary Plan
25-766
1. Authorize the City Manager to execute the
Memorandum of Understanding between the City
of Santa Clara and the Police Officers Association
with effective dates of August 1, 2025 - December
31, 2029, that incorporates the terms of the Joint
Mediation Recommendation; and
2. Approve a Resolution for the Updated Classified
Salary Plan.
Recommendation:
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Meeting Agenda July 15, 2025
4.O Approve the Implementation of a Section 401(a) Deferred Compensation Plan, and Authorize the City Manager to Execute All Plan Documents to Implement the Section 401(a) Deferred Compensation Plan, and Authorize the City Manager to Execute Side Letter Agreements, and Execute Any Future Side Letter Agreements, with Bargaining Units for City Contributions towards Deferred Compensation from the 457(b) Plan to the 401(a) Plan.
25-782
Approve the Implementation of a Section 401(a)
Deferred Compensation Plan, and Authorize the City
Manager to Execute All Plan Documents to Implement
the Section 401(a) Deferred Compensation Plan, and
Authorize the City Manager to Execute Side Letter
Agreements, and Execute Any Future Side Letter
Agreements, with Bargaining Units for City
Contributions towards Deferred Compensation from
the 457(b) Plan to the 401(a) Plan in final forms
approved by the City Attorney.
Recommendation:
PUBLIC PRESENTATIONS
[This item is reserved for persons to address the Council or authorities on any matter not on the agenda that is within the subject matter jurisdiction of the City or Authorities. The law does not permit action on, or extended discussion of, any item not on the agenda except under special circumstances. The governing body, or staff, may briefly respond to statements made or questions posed, and appropriate body may request staff to report back at a subsequent meeting. Although not required, please submit to the City Clerk your name and subject matter on the speaker card available in the Council Chambers.]
CONSENT ITEMS PULLED FOR DISCUSSION
PUBLIC HEARING/GENERAL BUSINESS
5. Study Session and Update on the City’s Shared Mobility Program
25-1260
Note and File Study Session Report and provide
any feedback on City’s Shared Mobility Program
Update
Recommendation:
City of Santa Clara Page 11 of 14 Printed on 7/11/2025
Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda July 15, 2025
6. Public Hearing: Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program (MMRP) and Action on a R e z o n e a n d V e s t i n g T e n t a t i v e M a p (PLN23-00577/PLN23-00262) to Allow the Subdivision and
Development of Eight Semi-Attached Single-Family Residences and Associated On- and Off-Site Improvements Located at 2303 Gianera Street.
25-426
1. Adopt a resolution to approve the Mitigated
Negative Declaration and the Mitigation
Monitoring and Reporting Program for the 2303
Gianera Street Project;
2. Adopt a resolution to approve a Rezoning from R2
- Low Density Residential to PD - Planned
Development, subject to findings and conditions of
approval; and
3. Adopt a resolution to approve a Tentative
Subdivision Map, subject to findings and
conditions of approval.
Recommendation:
7. Public Hearing: Action on a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, General Plan Amendment, Rezoning, and a Tentative Subdivision Map for the Cheeney Street Townhomes Project to be Comprised of up to Nine Residential Units (PLN2019-13846 / PLN2019-12857)
located at 4249 Cheeney Street.
25-732
1. Adopt a resolution adopting the Mitigated
Negative Declaration and the Mitigation
Monitoring or Reporting Program for the Cheeney
Street Townhomes Project.
2. Adopt a resolution approving a General Plan
amendment to change the land use designation
from Very Low Density Residential to Low Density
Residential.
3. Adopt a resolution approving a Rezone from R1-
6L, Single Family Residential to R2, Low Density
Residential.
4. Adopt a resolution approving a Tentative
Subdivision Map for condominium purposes,
subject to conditions of approval.
Recommendation:
City of Santa Clara Page 12 of 14 Printed on 7/11/2025
Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting
Meeting Agenda July 15, 2025
8. Public Hearing: Adoption of a Resolution Confirming the Weed Abatement Report and Ordering the Cost of Abatement to be a Special Assessment on the Respective Properties Described Therein
25-607
Conduct the public hearing, consider all written and
oral testimony presented, and adopt a Resolution
confirming the 2025 Weed Abatement Program
Assessment Report and Assessment List pursuant to
SCCC 8.15.090 and directing the imposition of
special assessments on the properties and in the
amounts listed.
Recommendation:
REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS
CITY MANAGER/EXECUTIVE DIRECTOR REPORT
ADJOURNMENT
The next regular scheduled meeting is on Tuesday, August 19, 2025 in the City Hall Council Chambers.
City of Santa Clara Page 13 of 14 Printed on 7/11/2025
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Meeting Agenda July 15, 2025
MEETING DISCLOSURES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
STREAMING SERVICES: As always, the public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15), or the livestream on the City’s YouTube channel or Facebook page.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
AB23 ANNOUNCEMENT: Members of the Santa Clara Stadium Authority, Sports and Open Space Authority and Housing Authority are entitled to receive $30 for each attended meeting.
Note: The City Council and its associated Authorities meet as separate agencies but in a concurrent manner. Actions taken should be considered actions of only the identified policy body.
LEGEND: City Council (CC); Stadium Authority (SA); Sports and Open Space Authority (SOSA); Housing Authority (HA); Successor Agency to the City of Santa Clara Redevelopment Agency (SARDA); Bayshore North Project Enhancement Authority (BNPEA); Public Facilities Financing Corporation (PFFC) Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-609 Agenda Date: 7/15/2025
SUBJECT
Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov’t Code § 54956.9(d)(1)
Jane Roe v. Doe 1, et al, Santa Clara County Superior Court Case No. 22CV409274 City of Santa Clara Page 1 of 1 Printed on 7/11/2025
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Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
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25-786 Agenda Date: 7/15/2025
SUBJECT
Public Employee Performance Evaluation (CC)
Pursuant to Government Code § 54957(b)(1)
Title: City Attorney
Conference with Labor Negotiators (CC)
Pursuant to Government Code 54957.6(a)
Agency designated representatives: Councilmembers Jain, Chahal, and Hardy; City staff members Aracely Azevedo, Sujata Reuter
Unrepresented Employee: City Attorney
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1500 Warburton Avenue
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25-821 Agenda Date: 7/15/2025
SUBJECT
Conference with Labor Negotiators (CC)
Pursuant to Gov. Code § 54957.6
City representatives: Jovan D. Grogan, Aracely Azevedo, Marco Mercado, Charles Sakai, Glen R.
Googins
Employee Organization(s):
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25-806 Agenda Date: 7/15/2025
REPORT TO COUNCIL
SUBJECT
Action on Proposed Formation of a Charter Review Committee to Conduct Comprehensive Review of the City Charter to Update, Make Corrections and Better Align the Charter with State Law and Current Best Practices and to Draft a Comprehensive Charter Amendment for Presentation to the City Council and Possibly the Voters at the November 2026 Election (Deferred from 7-8-2025)
BACKGROUND
At the Governance and Ethics Committee special meeting on May 1, 2025, as part of the Committee’s work plan, City Attorney Googins presented a report on a proposed comprehensive City Charter update process for discussion and direction. For context, the presentation included information regarding how a city charter functions as a city’s constitution, how charter’s provide cities with authority with respect to “municipal affairs,” and Santa Clara’s history with adopting and amending its own Charter over the years. Reasons for why a comprehensive Charter update process should be considered included: although it had been amended from time to time over the years, the Charter had not kept up with changing “best practices” for City operations and State legal requirements, the City itself had grown in population and complexity, and the Charter contained ambiguities, and internal inconsistencies. The presentation included a number of examples of possible Charter modifications that would address some of these issues.
The Committee discussed the proposal and agreed that a Charter update process was warranted.
The importance of keeping the process “professional” and not “political” was emphasized, along with how it would be important to decide what types of changes would be included in any “comprehensive” amendment, and what types of proposals would best be kept separate. The process for how the Charter Review Committee would be selected was also debated. The Committee wanted to be clear that any November 2026 Charter amendment should be limited to modernization, clarification and clean-up items, not major or controversial changes to the Charter. The Committee was mindful that the remainder of 2025 and 2026 will be a busy time in Santa Clara and they did not want to add additional complexities to the City’s existing work program.
Input from elected City Clerk O’Keefe was also solicited and provided. Mr. O’Keefe provided additional information regarding the Charter’s history, and the provisions regarding the elected City Clerk. He was supportive of staff’s recommendation to engage in this process. A motion was made by Committee Member Park and seconded by Committee Chair Jain to recommend to the City Council to initiate a Charter review process, including potentially having a workshop as part of the recruitment process for the Charter Review Committee, and options for selection of the Committee from the various Council districts (either by Council appointment or lottery).
This item is now presented the full City Council for input and direction.
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25-806 Agenda Date: 7/15/2025
DISCUSSION
The City Charter in General
The City Charter acts like the “constitution” for the City of Santa Clara. In general, the City Charter establishes the City’s authority over “municipal affairs,” provides for a Council/Manager form of government, provides the qualifications and process for electing and appointing certain City officials, assigns duties among those officials, sets up the process for City Council meetings and the process for the adoption of resolutions and ordinances, provides for the creation of certain Boards and Commissions, and provides rules for the City’s fiscal management, public works and procurement practices. A copy of the current City Charter is provided (Attachment 1).
History of Amendments to the Charter
Since its adoption in 1951, the City Charter has been amended multiple times, most recently in 2022.
A list of these amendments, along with proposed amendments that were rejected by the voters, has been complied by the City Clerk’s office and attached to this report. (See Attachment 2). There was a one comprehensive Charter update that was proposed and passed back in 2000, but the changes were relatively minor, and there has been no comprehensive update since that date.
Reasons to Support a Comprehensive Charter Update
Since 1951 (and even 2000), a lot has changed in the laws that apply to cities and in what are considered “best practices” for how city governments operate. The City itself has also grown and changed. City staff’s experience with implementing the Charter over the years has also revealed inefficiencies and ambiguities in existing City Charter provisions.
In order to make the City Charter consistent with current laws and best practices, improve City efficiency and eliminate ambiguities, City staff is proposing that the City consider engaging in a comprehensive Charter review and update process for possible presentation of any proposed amendments to the City’s voters at the November 2026 election.
Examples of provisions of the City Charter that could warrant modification include the following:
1. For elected officials, clarify the timing and application of the 30-day residency requirements. [Section 600]
2. Update required special notice requirements for City proposed sales of real property to increase the threshold substantially above $500. [Section 714]
3. Clarification regarding what constitutes a “disposition” or “change of use” of City park property requiring a vote of the people. [Section 714.1]
4. Clarify roles and responsibilities of the elected City Clerk. [Section 903]
5. Update/clarify the roles and responsibilities of the Board of Library Trustees. [Section 1013]
6. Clarify what are “classified” versus “unclassified” positions within the City’s employment structure, and add/clarify reference to the role and function of the Civil Service Commission [Article XI]
7. Update budget provisions to include express provision for a two-year budget cycle and to clarify what constitutes a “budget amendment” requiring 5 votes. [Sections 1301 and 1305]
8. Consider increasing threshold for public works or use of City forces requiring City Council approval from $1,000 to a more reasonable amount. [Section 1310]
9. Clarify how/when State laws apply if there is no express City Charter or City Code provision
10.Miscellaneous changes to section headings, wording and organization throughout the City Charter to improve clarity and user friendliness.
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25-806 Agenda Date: 7/15/2025
This is just a sampling. Many other proposed changes are likely to come out of the comprehensive top to bottom review process.
The Primary Objective; Professional Staff Involvement
In general, the proposed “top to bottom” review process is intended to be driven by practical and legal considerations, with the prime objective being to bring the Charter up to current “best practices” for City operations. It is not intended to implement any major restructuring of City operations or to change the City’s election process. To accomplish this, it is intended that City professional staff, representing the various departments charged with interpreting and implementing the full range of Charter requirements, will be heavily involved in the Charter review and update process. In the end, it will be up to the Charter Review Committee to recommend, and the Council to decide which, if any, of the proposed changes will be presented to the voters as part a comprehensive update to the City Charter. In order to meet election deadlines, this would need to occur by no later than July 2026. At that time, the Council could also consider which of any of the proposed changes would be presented as one or more separate measures, either at the November 2026 election, or at a subsequent election after further review and analysis.
Process for Creation of a CRC and Applicable Rules
If the City Council desires to proceed, the first step would be to direct staff to take the steps necessary to form a Charter Review Committee (“CRC”). Concurrently, staff would develop a proposed CRC work plan (“Work Plan”) to guide the process. The Work Plan would be brought back to the Council for input and approval prior to or concurrent with Council’s appointment of CRC members.
As part of any action to proceed, the City Council will need to decide on the appointment process it wants for the CRC. In the past, such committees have included a total of seven members, with each Council member recommending a CRC member from their respective districts, and the Mayor recommending one member at large. One viable alternative to the direct appointment process would be a lottery process, similar to what was used in the selection of members to the Measure I Bond Citizen’s Oversight Committee. The lottery alternative was considered (and favored) by some members of the Governance Committee as a good way to improve the likelihood that the Charter update process was driven more by policy than political considerations.
As an official advisory body created by the City Council, the CRC would be subject to the Brown Act, and therefore all CRC meetings would be noticed and open to the public.
The CRC would also be subject to the Public Records Act (PRA).
The City Manager’s office and the City Attorney’s office would be primary staff the CRC, but input would be solicited from all City departments that work with the various Sections of the City Charter that apply to them. Ultimately, any proposed changes to the Charter would be brought back to the Council for a decision on what, if anything, should be submitted to the voters for their consideration at the November 2026 election.
Suggested Timing
In order to complete any proposed Charter Update process in time to meet 2026 ballot measure submittal requirements, staff recommends that any Charter Update process commence, and the related CRC be formed and activated as soon as possible, but by no later than September 2025. As City of Santa Clara Page 3 of 4 Printed on 7/11/2025
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25-806 Agenda Date: 7/15/2025
discussed above, the full review process, and any proposed ballot measure would need to be presented to and approve by the City Council by no later than the last meeting in July of 2026.
Recommendation
In order to make the City Charter consistent with current laws and best practices, improve City efficiency and eliminate ambiguities, City staff and the Governance Committee is recommending that the City consider forming a Charter Review Commission to engage in a top to bottom Charter review process in order to draft a comprehensive Charter Amendment for presentation to the Council and possibly the voters at the November 2026 Election.
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 fiscal impact to the City with this informational report other than staff time. The overall costs for the addition of any potential ballot measures related to amending the Charter for the November 2026 ballot would be determined at a future date.
COORDINATION
This report was coordinated with the City Attorney’s Office and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a 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
Review, discuss and provide direction to staff on the proposed formation of a City Charter Review Committee to engage in a comprehensive Charter review and amendment process Approved by: Glen Googins, City Attorney and Jovan D. Grogan, City Manager
ATTACHMENTS
1. Current City Charter
2. Summary of Past Approved and Rejected Amendments to the City Charter City of Santa Clara Page 4 of 4 Printed on 7/11/2025
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CITY CHARTER
Revised June and November 2022 Elections
1500 Warburton Avenue
Santa Clara, CA 95050
(408) 615-2200
TABLE OF CONTENTS
Article I. Name of City ................................................................................................................ 1 Sec. 100 Name ...................................................................................................................... 1 Article 11. Boundaries .................................................................................................................. 1 Sec. 200 Boundaries .............................................................................................................. 1 Article Ill. Succession ................................................................................................................. 1 Sec. 300 Rights and liabilities ................................................................................................ 1 Sec. 301 Ordinances .............................................................................................................. 1 Sec. 302 Continuance of present officers and employees ...................................................... 1 Sec. 303 Continuance of contracts and public improvements ................................................ 1 Sec. 304 Pending actions and proceedings ........................................................................... 2 Article IV. Powers ...................................................................................................................... 2 Sec. 400 General grant of power ............................................................................................ 2 Sec. 401 Disposal of public utility ........................................................................................... 2 Article V. Form of Government. .................................................................................................. 2 Sec. 500 Form of government. ............................................................................................... 2 Article VI. The Elective Officers .................................................................................................. 3 Sec. 600 City elected officers ................................................................................................. 3 Sec. 600.01 Municipal elections ............................................................................................. 4 Sec. 600.02 Consolidation of elections .................................................................................. 4 Sec. 600.1 Time of taking office - Term .................................................................................. 4 Sec. 601 Eligibility .................................................................................................................. 4 Article VII. The Council .............................................................................................................. 4 Sec. 700 Term - Method of holding elections ......................................................................... 4 Sec. 700.1 Offices separately filled ......................................................................................... 4 Sec. 700.1 Elections - City Council Districts ............................................................................ 5 Sec. 700.2 Election Following Change of Boundaries ............................................................. 5 Sec. 701 Term limits of mayor and council members .............................................................. 6 Sec. 701.1 Qualifications for Chief of the Police Department. ................................................. 6 Sec. 702 Compensation .......................................................................................................... 6 Sec. 703 Vacancies ................................................................................................................ 7 Sec. 704 Presiding officer - Mayor. ......................................................................................... 7 Sec. 704.1 Mayor - Limitation of terms .................................................................................... 7 Sec. 704.2 Mayor - Political position ....................................................................................... 7 Sec. 704.3 Mayor - Powers and duties .................................................................................... 8 Sec. 704.4 Mayor - Vacancy ................................................................................................... 8 Sec. 705 Vice Mayor. .............................................................................................................. 8 Sec. 706 Powers ..................................................................................................................... 9 Sec. 707 Regular meetings ..................................................................................................... 9 Sec. 708 Special meetings ...................................................................................................... 9 Sec. 709 Place of meeting ...................................................................................................... 9 Sec. 710 Quorum .................................................................................................................... 9 Sec. 711 Election and qualification of Council members ......................................................... 9 Sec. 712 Proceedings ............................................................................................................. 9 Sec. 713 Action by ordinance or resolution ........................................................................... 10 Sec. 714 Power to lease, sell, or convey City property .......................................................... 10 Sec. 714.1 Protection of parkland and public open space ..................................................... 10 Sec. 715 Power to levy and collect taxes .............................................................................. 10 THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page i of iii
TABLE OF CONTENTS
Article VIII. City Manager, Ordinances, Meetings ...................................................................... 11 Sec. 800 Appointment. .......................................................................................................... 11 Sec. 801 Compensation ........................................................................................................ 11 Sec. 802 Powers and duties .................................................................................................. 11 Sec. 803 Rules and regulations ............................................................................................ 12 Sec. 804 Manager pro tempore ............................................................................................. 12 Sec. 805 Participation in Council action ................................................................................ 12 Sec. 806 Removal of the City Manager ................................................................................. 12 Sec. 807 Prohibition against Councilmanic interference ........................................................ 12 Sec. 808 Ordinances ............................................................................................................. 13 Sec. 809 Repeal or amendment of ordinances ...................................................................... 13 Sec. 810 Effective date of ordinances ................................................................................... 13 Sec. 811 Emergency ordinances ........................................................................................... 13 Sec. 812 Publication of ordinances ....................................................................................... 13 Sec. 813 Codification of ordinances ...................................................................................... 14 Sec. 814 Adoption of printed building codes, etc ................................................................... 14 Sec. 815 Publishing of legal notices ...................................................................................... 14 Article IX. Officers and Employees ............................................................................................ 14 Sec. 900 Officers to be appointed by the City Council and by the City Manager. .................. 14 Sec. 901 Other appointive officers ........................................................................................ 15 Sec. 902 Appointive officers; duties ...................................................................................... 15 Sec. 903 City clerk; powers and duties .................................................................................. 15 Sec. 904 Director of Finance ................................................................................................. 15 Sec. 905 City Engineer and Department of Public Works ...................................................... 16 Sec. 906 Chief of the Police Department.. ............................................................................. 17 Sec. 907 Chief of the Fire Department. ................................................................................. 17 Sec. 908 City Attorney .......................................................................................................... 17 Sec. 909 City Auditor ............................................................................................................ 18 Sec. 910 Administrative Code .............................................................................................. 18 Sec. 911 Official bonds ......................................................................................................... 18 Sec. 912 Oath of office .......................................................................................................... 18 Article X. Appointive Boards and Commissions ......................................................................... 19 Sec. 1000 In general. ............................................................................................................ 19 Sec. 1001 Appropriations ...................................................................................................... 19 Sec. 1002 Appointments; terms ............................................................................................ 19 Sec. 1003 Meetings; Chair .................................................................................................... 19 Sec. 1004 Compensation, vacancies .................................................................................... 20 Sec. 1005 Oaths; affirmations ............................................................................................... 20 Sec. 1006 Planning Commission - Generally ........................................................................ 20 Sec. 1007 Planning Commission - Duties and powers .......................................................... 20 Sec. 1008 Parks and Recreation Commission ...................................................................... 21 Sec. 1009 Parks and Recreation Commission - Powers and duties ...................................... 21 Sec. 1010 Civil Service Commission ..................................................................................... 21 Sec. 1011 Civil Service Commission - Powers and duties ..................................................... 21 Sec. 1012 Board of Library Trustees ..................................................................................... 21 Sec. 1013 Board of Library Trustees - Powers and duties ..................................................... 22 Sec. 1100 Civil service; merit principle .................................................................................. 22 Sec. 1101 Classified service ................................................................................................. 22 THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page ii of iii
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Sec. 1102 Appointments from classified to the unclassified service ...................................... 23 Sec. 1103 Classification ........................................................................................................ 23 Sec. 1104 Pay plan ............................................................................................................... 23 Sec. 1105 Civil service rules and regulations ........................................................................ 24 Sec. 1106 Reserved .............................................................................................................. 24 Sec. 1107 Prohibitions .......................................................................................................... 24 Sec. 1108 Contract for administrative services ...................................................................... 24 Article XII. Retirement ............................................................................................................... 24 Sec. 1200 State system ........................................................................................................ 24 Article XII 1. Fiscal Administration ............................................................................................... 25 Sec. 1300 Fiscal year ............................................................................................................ 25 Sec. 1301 Annual budget; preparation by the City Manager .................................................. 25 Sec. 1302 Budget - Submission to City Council. ................................................................... 25 Sec. 1303 Budget - Public hearing ........................................................................................ 25 Sec. 1304 Budget - Further consideration and adoption ........................................................ 25 Sec. 1305 Budget - Appropriations ........................................................................................ 26 Sec. 1306 Tax system and collection of taxes ....................................................................... 26 Sec. 1306.5 Budget and levy of taxes for interim period between fiscal years ....................... 26 Sec. 1307 Tax limits .............................................................................................................. 26 Sec. 1308 Tax liens .............................................................................................................. 26 Sec. 1309 Bonded debt limit. ................................................................................................ 26 Sec. 1310 Contracts on public works .................................................................................... 26 Sec. 1311 General fund ........................................................................................................ 27 Sec. 1312 Capital project funds ............................................................................................ 27 Sec. 1313 Department funds ................................................................................................. 27 Sec. 1314 Petty cash funds ................................................................................................... 27 Sec. 1315 Presentation of demands ..................................................................................... 28 Sec. 1316 Registering warrants ............................................................................................ 28 Sec. 1317 Actions against City .............................................................................................. 28 Sec. 1318 Centralized purchasing ......................................................................................... 28 Sec. 1319 Independent audit. ............................................................................................... 28 Sec. 1320 Utilities fund ......................................................................................................... 29 Sec. 1321 Revenue bonds .................................................................................................... 29 Article XIV. Franchises .............................................................................................................. 30 Sec. 1400 Procedure; terms .................................................................................................. 30 Article XV. Reserved ................................................................................................................. 31 Article XVI. Reserved ................................................................................................................ 31 Article XVII. Reserved Powers, State Elections Code and ........................................................ 31 Amendments to State Elections Code ....................................................................................... 31 Sec. 1700 Reserved powers ................................................................................................. 31 Sec. 1701 State Elections Code ............................................................................................ 31 Sec. 1702 Amendments to State Elections Code .................................................................. 31 Article XVIII. Miscellaneous ....................................................................................................... 31 Sec. 1800 Definitions ............................................................................................................ 31 Sec. 1801 Violations ............................................................................................................. 32 Sec. 1802 Validity ................................................................................................................. 32 Sec. 1803 Effective date ....................................................................................................... 32 THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page iii of iii
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA
Article I. Name of City
Sec. 100 Name.
The municipal corporation now existing and known as the "City of Santa Clara" shall remain and continue to be a municipal body politic and corporate, as at present, in name, in fact, and in law.
Article II. Boundaries
Sec. 200 Boundaries.
The territory of the City shall be that contained within its present boundaries as now established, with the power and authority to change the same in the manner provided by law.
Article Ill. Succession
Sec. 300 Rights and liabilities.
The City of Santa Clara shall remain vested with and continue to have, hold and enjoy all property, rights of property and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of same. It shall be subject to all the obligations, liabilities, debts and duties that now exist against this municipality.
Sec. 301 Ordinances.
All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority.
Sec. 302 Continuance of present officers and employees.
The present officers, boards, commissions, and employees shall, without interruption, continue to perform the duties of their respective offices and employments for the compensation provided by ordinances, resolutions, rules, or laws, until the appointment and qualification of their successors under this Charter and subject to such removal and control as is herein provided.
Sec. 303 Continuance of contracts and public improvements.
All contracts entered into by the City, or for its benefit, prior to the taking effect of this Charter, shall continue in full force and effect. Public improvements for which proceedings have been instituted under laws or charter provisions existing at the time this Charter takes effect, in the discretion of the City Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws and charter provisions or may be continued or perfected hereunder.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 1 of 32 Sec. 304 Pending actions and proceedings.
No action or proceedings, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City or any office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any office, department or agency party thereto, by or under this Charter, may be assigned or transferred to another office, department or agency, but in that event, the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter.
Article IV. Powers
Sec. 400 General grant of power.
The City of Santa Clara, by and through its City Council and other officials, shall have and may exercise all powers necessary and appropriate to a municipal corporation and the general welfare of its inhabitants which are not prohibited by the Constitution of the State of California or by this Charter, and which it would be competent for this Charter to set forth specifically, and the specification herein of any particular powers shall not be held to be exclusive of, or any limitation upon the general grant of powers heretofore or hereafter granted to municipal corporations by the constitution or general laws.
Sec. 401 Disposal of public utility.
No public utility owned by the City shall be sold, leased or otherwise transferred unless authorized by the affirmative votes of two-thirds of the electors voting on such proposition at any election at which the question of such disposal is submitted to the electors.
Article V. Form of Government
Sec. 500 Form of government.
The municipal government provided by this Charter shall be known as the "Council Manager" form of government.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 2 of 32 Article VI. The Elective Officers
Sec. 600 City elected officers.
No person shall be eligible to hold the elective office of Mayor, Chief of Police Department or City Clerk, unless he or she is a resident and a qualified registered elector of the City. No person shall be eligible to hold the elective office of City Council Member, excepting the Mayor, unless he or she is a qualified registered elector of the City and a resident in the district represented by the Council Member office.
In order to hold the elective office of Mayor, Chief of the Police Department or City Clerk a person must have been a resident of the City of Santa Clara for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person's appointment to fill a vacancy.
In order to hold the elective office of Council Member, excepting the Mayor, a person must have been a resident of the City of Santa Clara and of the District represented by the person as a Council Member for at least thirty (30) days immediately preceding the last day specified by law for the filing of nomination papers with the City Clerk for such office or, if appointed, preceding the date of the person's appointment to fill a vacancy.
The elective officers of the City shall consist of a City Council composed of seven members, the Chief of the Police Department and the City Clerk. The Mayor and the Chief of the Police Department and the City Clerk shall be elected from the City at large at the times and in the manner provided in this Charter. Except as otherwise herein provided, a person elected to an office for other than an unexpired term, shall serve a term of four years, and shall serve until a successor is elected and qualified. The term shall commence on the date the City Council certifies the canvass of the election returns submitted to it by the County Registrar of Voters.
The person receiving the most votes cast for a particular City office shall be declared duly elected. Ties shall be broken as provided from time to time by ordinance.
The office of Mayor shall be separately voted upon and is a separate office. The person elected at any election to the office designated "Mayor" shall be deemed elected, both as a Mayor and as a member of the Council. Although the Mayor is a Council member, his or her election does not change the number of Council members from seven.
No person shall be a candidate for both Mayor and a City Council office at the same election.
However, an incumbent member of the City Council may run for the elective office of Mayor, and the Mayor may run for the separate office of Mayor or other City Council office. However, at no time shall a member of the Council, including the Mayor, hold more than one City elective office. Except as otherwise provided elsewhere in this Charter, no incumbent member of the City Council while serving in such office with an unexpired term of more than six months shall be a candidate for any Council office other than the one which he or she holds. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10); Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000, Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 3 of 32 Sec. 600.01 Municipal elections.
Commencing with the year 2000, a regular election shall be held in the City of Santa Clara on the first Tuesday following the first Monday in November of even numbered years. The regular election shall be held for the election of each municipal elective officer whose term of office regularly expires at that time, and for such other purposes as the Council may prescribe. Each such regular election shall be known as the general municipal election of the City, and shall be in lieu of all others previously so called. All other municipal elections that may be called under the authority of this Charter, or the California Elections Code, shall be known as special elections. (Amendment ratified 4-5-77; Amendment ratified 11-6-79; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 600.02 Consolidation of elections.
Any special election may be consolidated with a general municipal election and any municipal election may be consolidated with any State, County, or School District election held in the City or part thereof, in which case only one ballot need be printed for such consolidated election. (Amendment ratified 4-5-77)
Sec. 600.1 Time of taking office - Term.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 601 Eligibility.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Article VII. The Council
Sec. 700 Term - Method of holding elections.
Except as specifically provided otherwise in this Charter with respect to City elections, the provisions of the State Elections Code, as amended from time to time, are hereby adopted. The City expressly reserves its rights with respect to the conduct of City elections pursuant to Section 5 of Article XI of the California Constitution. Any changes made by the City Council in the City elections procedure shall be by ordinance and shall not be in conflict with any other sections of this Charter.
There are hereby reserved to the electors of the City, the powers of the initiative and referendum and of the recall of municipal elective officers. No primary election shall be held for municipal officers. No error, omission or defect in the notice of elections shall be cause to invalidate any election held under the provisions of this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 700.1 Offices separately filled.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 4 of 32 Sec. 700.1 Elections - City Council Districts.
Members of the City Council, excepting the Mayor, shall be elected by district.
For the election to be held in November 2022 and each election thereafter, there shall be 6 (six) districts as such districts are designated on that certain map adopted by judgment of the Superior Court dated July 24, 2018, as set forth in Resolution No. 18-8585 of the City Council, as the boundaries of such districts shall be amended through a redistricting process following each decennial United States Census.
Council District elections shall be conducted as follows:
( a) Each District shall be represented by one ( 1) Council Member. (b) In the election to be held in November 2022 and in each Council District election held thereafter the Council District elections shall be conducted as follows:
1. the voters of District 2 shall nominate and elect one (1) Council Member for a four-year term; and
2. the voters of District 3 shall nominate and elect one ( 1) Council Member for a four-year term.
(c) In the election to be held in November 2024 and in each Council District election held thereafter the Council District elections shall be conducted as follows:
1. the voters of District 1 shall nominate and elect one (1) Council Member for a four-year term;
2. the voters of District 4 shall nominate and elect one (1) Council Member for a four-year term; and
3. the voters of District 5 shall nominate and elect one ( 1) Council Member for a four-year term.
4. the voters of District 6 shall nominate and elect one (1) Council Member for a four-year term. (Added by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 1 O); Amended and renumbered from section 700.2 by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000, Amended by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023.)
Sec. 700.2 Election Following Change of Boundaries
Upon any redistricting pursuant to the provisions of this section of the Charter or the ordinances enacted hereunder, each incumbent member of the Council will continue, during the remainder of the member's term, to hold office and represent the district by which the member was elected prior to such redistricting, notwithstanding any provision of Section 600 requiring a member to be a resident of the district represented by such member. (Section Number Repealed - text amended and renumbered to section 700.1 by electors at an election held March 7, 2000, THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 5 of 32 Charter Chapter 11 of the State Statutes of 2000, Amended and renumbered to Section 700.2 by electors at an election held June 7, 2022, Charter Chapter 17 of the State Statutes of 2023.) Sec. 701 Term limits of mayor and council members.
No person elected as member of the Council shall be eligible to serve, or serve, for more than two (2) full terms; but such service prior to December 1, 2016, shall not disqualify any person from further service as a member of the Council. If a member of the Council serves a partial term in excess of two (2) years, it shall be considered a full term for the purpose of this provision. The office of elected Mayor, to be filled from the City at large, is a separate office from the Council and solely for the purpose of this term limit disqualification, is not a Council office or the Council. Consequently, time served in such office of elected Mayor is not time served on the Council and time served on the Council is not time served in such office of elected Mayor. (As amended by electors at election held November 5, 1968, approved by Joint Resolution of the Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held November 8, 2016, Charter Chapter 18 of the State Statutes of 2017)
Sec. 701.1 Qualifications for Chief of the Police Department.
Candidates for the office of Chief of Police shall meet the minimum eligibility and qualification requirements imposed by state law upon candidates for the office of sheriff. (Added by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 702 Compensation.
Commencing on July 1, 2017, each member of the City Council, other than the Mayor, shall receive as compensation the sum of two thousand dollars ($2,000) per month. The Mayor shall receive as compensation the sum of two thousand five hundred dollars ($2,500) per month.
Commencing on July 1, 2019, and every two years on July 1 thereafter, the compensation of the City Council and Mayor shall be set by a Salary Setting Commission consisting of five members to be appointed by the Civil Service Commission from the qualified electors of the City for a term of four years. The first members shall be appointed for a term commencing January 1, 2019.
Initially, the Commissioners shall be appointed in a manner so that two are appointed for twoyear terms and three are appointed for four-year terms. On or before March 15 of every odd year, the Salary Setting Commission shall establish the salary of the Mayor and members of the City Council for the period commencing July 1 of that odd year and ending two years thereafter.
Salaries so established by the Commission shall not exceed one hundred ten percent (110%) of the previous figure.
If a member of the City Council, including the Mayor, does not attend all meetings of the City Council or study sessions called on order of the City Council and held during the month, the compensation to him/her for such month shall be reduced by the sum of twenty-five dollars ($25.00) for each meeting or study session not attended unless he/she is absent with the consent of or on order of the City Council.
Absence from five consecutive regular meetings, unless excused by resolution of the City Council, shall operate to vacate the seat of any member of the City Council so absent. (As amended by electors at election held November 5, 1968, approved by Joint Resolution of the THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 6 of 32 Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000; Amended by electors at an election held November 8, 2016, Charter Chapter 17 of the State Statutes of 2017)
Sec. 703 Vacancies.
A vacancy in any elective office of the City, including Mayor, City Council, Chief of Police Department, and City Clerk, from whatever cause arising, shall be filled by appointment by the City Council by a four-fifths (4/5) vote of the remaining members.
In the event the City Council shall fail to fill a vacancy by appointment within thirty (30) days after such office shall have been declared vacant, it shall forthwith cause an election to be held to fill such vacancy. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent, provided that if the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the City Council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (As approved at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 19 of the State Statutes of 2017) Sec. 704 Presiding officer - Mayor.
The Mayor shall be the presiding officer. The Mayor shall have a voice and vote in all its proceedings. He/she shall be the official head of the City for all ceremonial purposes. He/she shall perform such other duties as may be prescribed by this Charter or as may be imposed by the City Council consistent with his/her office. (As amended by the electors at election held November 5, 1968, approved by Joint Resolution of the Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 704.1 Mayor - Limitation of terms.
No person elected as Mayor shall be eligible to serve, or serve, more than two (2) full terms; but such service prior to December 1, 2016, shall not disqualify any person from further service as Mayor. If a Mayor serves a partial term in excess of two (2) years, it shall be considered a full term for the purpose of this provision. (Added by electors at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held November 8, 2016, Charter Chapter 18 of the State Statutes of 2017)
Sec. 704.2 Mayor - Political position.
The Mayor shall be the political leader within the community by providing guidance and leadership to the City Council, by expressing and explaining to the community the City's policies and programs and by assisting the City Council in the informed, vigorous and effective exercise of its powers. Political leadership shall be concerned with the general development of the community and the general level of City services and activity programs. (Added by electors at THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 7 of 32 election held November 5, 1968, approved by Joint Resolution of Legislature filed with Secretary of State January 15, 1969)
Sec. 704.3 Mayor - Powers and duties.
The Mayor shall have the following powers and duties:
(a) The Mayor shall have the power to make recommendations to the City Council on matters of policy and programs which require City Council decision; provided, that if he/she recommends any increases in the City budget, he/she shall recommend the method of financing such expenditure; and provided, further, that if he/she proposes curtailment of service, such recommendations and his/her reason therefor shall be specific. He/she may also, on his/her own account, inform the community on matters of policy or program which he/she believes the welfare of the community make necessary.
(b) The Mayor shall preside at meetings of the City Council and shall have the vote as a member of the City Council. He/she shall have no veto power. (c) The Mayor shall have authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any meeting of the City Council for disorderly conduct, to enforce the rules of the City Council and to determine the order of business under the rules of the City Council.
(d) The Mayor shall exercise such other powers and perform such other duties as may be prescribed by the City Council, provided that the same are not inconsistent with this Charter.
Nothing in this section shall be construed in any way as an infringement or limitation on the powers and duties of the City Manager as Chief Administrative Officer and head of the administrative branch of the City government as prescribed in other sections of this Charter.
Except as otherwise herein provided, the Mayor shall possess only such authority over the City Manager and the administrative branch as he/she possesses as one member of the City Council. (Added by electors at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 704.4 Mayor - Vacancy.
The office of Mayor shall become and be deemed vacant immediately upon the incumbent ceasing to be a member of the City Council. (Added by electors at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State January 15, 1969)
Sec. 705 Vice Mayor.
The City Council shall designate one of its members as Vice Mayor. The Vice Mayor shall perform the duties of the Mayor during his/her absence or disability. The Vice Mayor shall serve in such capacity at the pleasure of the City Council. (As amended by electors at election held November 5, 1968, approved by Joint Resolution of Legislature filed with the Secretary of State, January 15, 1969; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 8 of 32 Sec. 706 Powers.
All powers of the City shall be vested in the City Council, subject to the provisions of the Charter and to the Constitution of the State of California.
Sec. 707 Regular meetings.
The City Council shall hold regular meetings at least twice each month, at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, each adjourned meeting shall be a regular meeting for all purposes.
Sec. 708 Special meetings.
Special meetings may be called at any time by the Mayor, or by four members of the City Council pursuant to the provisions of the Ralph M. Brown Act, specifically Government Code Section 54956, as amended from time to time. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 709 Place of meeting.
All meetings of the City Council shall be held at the locations authorized by the Ralph M. Brown Act (commencing with Government Code Section 54950) as it now reads or is hereafter amended. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 710 Quorum.
A majority of the members of the City Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time.
Sec. 711 Election and qualification of Council members.
The City Council shall judge the qualifications of its members as required by the Charter and shall judge all election returns.
Sec. 712 Proceedings.
The City Council shall establish rules for the conduct of its proceedings and punish any member or other person for disorderly conduct at any meetings. It shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas may be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor.
The City Council shall cause the City Clerk to keep an accurate record of all its proceedings and, at the demand of any member, or upon the adoption of any ordinance or resolution for the payment of money, the City Clerk shall call the roll and shall cause the "ayes" and "noes" taken on any question, to be entered in the minutes of the meeting.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 9 of 32 Sec. 713 Action by ordinance or resolution.
The City Council is hereby empowered to act by Ordinance or Resolution. An oral motion or order duly passed by the City Council and entered in the minutes of the Council shall have the same force and effect as a written Resolution duly introduced and passed by said City Council and shall be deemed to be a Resolution for all purposes.
Sec. 714 Power to lease, sell, or convey City property.
The City Council shall have power to lease, sell, convey, and dispose of any and all property of the City, subject to the provisions of Section 401 of this Charter, and provided further that no property exceeding five hundred dollars ($500.00) in value shall be sold without first publishing notice of intention to sell in an official newspaper once a week for two weeks preceding the date of such sale. The notice of intention shall describe the property, the price theretofore offered for said property and the time and place when and where the sale will be consummated.
At the time fixed for said consummation of sale, the City Council shall call for further bids for said property and if any increased bid is received from a responsible bidder in at least five percent in excess of the original price offered for the same, then the City Council may accept the highest bid for said property or may order a new sale or may withdraw the property from sale.
Sec. 714.1 Protection of parkland and public open space.
Neither the Ulistac Natural Area, the Santa Clara Youth Soccer Park nor any other real property owned or controlled by the City that is presently listed or hereafter listed by ordinance in the inventory of parks and recreation facilities contained in Appendix Eight of the City of Santa Clara 2010-2035 General Plan shall be sold, leased or otherwise disposed of for a period of one hundred eighty ( 180) days or more, nor shall its use be changed, abandoned or discontinued without such sale, lease, disposal or changed use having been first authorized or ratified by a two-thirds (2/3) majority vote of the electorate, voting at a general municipal election for that purpose.
No substantial building, construction, reconstruction or development upon or with respect to any lands so dedicated shall be made except pursuant to ordinance subject to referendum.
The provisions of this Section 714.1 shall not apply to real property owned or controlled by the City that is subject to the CityPlace Master Community Plan originally adopted by the City Council by Resolution No. 8339. (Added by electors at an election held November 8, 2016, Charter Chapter 20 of the State Statutes of 2017)
Sec. 715 Power to levy and collect taxes.
The City Council shall have power to levy and collect taxes, and to collect license taxes for both regulation and revenue.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 10 of 32 Article VIII. City Manager, Ordinances, Meetings
Sec. 800 Appointment.
A City Manager shall be chosen by the City Council on the basis of his/her executive and administrative qualifications. No City Council member shall receive such an appointment during the term for which he/she shall have been elected, nor within two years thereafter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 801 Compensation.
The City Manager shall be paid a salary commensurate with his/her responsibilities as chief administrative officer of the City, which salary shall be established by ordinance or resolution. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 802 Powers and duties.
The City Manager shall be chief executive officer and the head of the administrative branch of the City government. He/she shall be responsible to the City Council for the proper administration of all affairs of the City and to that end, subject to the personnel provisions of this Charter, he/she shall have power and shall be required to:
(a) Appoint and remove, subject to the Civil Service provisions of this Charter, all officers and employees of the City, except as otherwise provided by this Charter, and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office. No person related to the City Manager by blood or by marriage shall be eligible for office or employment in the City.
(b) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption.
(c) Manage the City-owned water and power departments in a business-like manner, charging equitable rates for the services furnished and building up the properties so as to conserve their value and increase their capacity as needed by the City. (d) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year. (e) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable. (f) Make investigations into the affairs of this City, or any department or division thereof, or any contract, or the proper performance of any obligation to the City. (g) Submit to the City Council at each meeting for its approval, the list of all claims and bills approved for payment by him/her.
(h) Perform such other duties as may be prescribed by this Charter or required by him/her by the City Council, not inconsistent with this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 11 of 32 Sec. 803 Rules and regulations.
The City Manager may prescribe such general rules and regulations as he/she may deem necessary or expedient for the general conduct of the administrative offices and departments of the City under his/her jurisdiction. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 804 Manager pro tempore.
The City Manager shall appoint, subject to the approval of the City Council, one of the other officers of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager.
Sec. 805 Participation in Council action.
The City Manager and such other officers of the City as may be designated by the City Council, shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council, but shall not have a vote.
Sec. 806 Removal of the City Manager.
The City Council shall appoint the City Manager for an indefinite term and may remove him/her by a majority vote of the entire Council. At least thirty (30) days before such removal shall become effective, the City Council shall by a majority vote of the entire Council, adopt a preliminary resolution stating the reasons for his/her removal. The City Manager may reply in writing and may request a public hearing, which shall be held not earlier than fifteen (15) days nor later than thirty (30) days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the City Council by majority vote of the entire Council may adopt a final resolution of removal. By the preliminary resolutions, the City Council may suspend the City Manager from duty but shall in any case cause to be paid him/her forthwith any unpaid balance of his/her salary and his/her salary for the next calendar month following adoption of the preliminary resolution. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 807 Prohibition against Councilmanic interference.
Neither the City Council nor any of its members shall order or request the appointment of any person to an office or employment or his/her removal therefrom, by the City Manager, or by any of the department heads in the administrative service of the City. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately.
Any City Council member violating the provisions of this section, or voting for a resolution or ordinance in violation of this section shall be guilty of a misdemeanor and, upon conviction, shall cease to be a Council Member. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 12 of 32 Sec. 808 Ordinances.
The enacting clause of every ordinance shall be "Be it ordained by the City of Santa Clara as follows:" No ordinance shall be finally adopted by the Council on the day of its introduction, nor within five days thereafter, nor at any time other than a regular meeting, nor until its publication as required in Section 812. However, ordinances calling elections and ordinances carrying out the provisions of elections need not be published prior to adoption. In case an ordinance is amended before its final adoption and after its publication, it shall in like manner be republished as required in Chapter Section 812, at least one day before its adoption as amended; provided, however, that where such amendment is made for the correction of clerical errors or omissions of form only, then such ordinances need not be given a first reading or a republication as corrected. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 809 Repeal or amendment of ordinances.
No ordinance or portion thereof shall be repealed except by ordinance. No ordinance shall be revised, re-enacted or amended by reference to its title only; but the ordinance to be revised or re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted according to the method provided in this article for the enactment of ordinances, and such revision, re-enactment, amendment or addition, shall be done by ordinance only.
Sec. 810 Effective date of ordinances.
No ordinance shall become effective until thirty (30) days from and after the date of its adoption, except the following, which shall take effect upon adoption: (a) An ordinance calling or otherwise relating to an election; (b) An improvement proceeding ordinance adopted under some law, or procedural ordinance; (c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation; or (d) An emergency ordinance adopted in the manner herein provided.
Sec. 811 Emergency ordinances.
Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety or property, and containing a statement of the reasons for its urgency and adopted by a five-sevenths vote of the whole Council may go into effect at the will of the Council.
Sec. 812 Publication of ordinances.
The City Clerk shall cause each proposed ordinance to be posted at least three (3) days prior to its adoption in three (3) public places in the City and at least three (3) days prior to the ordinance adoption shall cause a single publication in an official newspaper to occur, setting forth the title of the ordinance, the date of its introduction, a brief summary of the ordinance and a list of the places where copies of the full text of the proposed ordinance are posted. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 13 of 32 Sec. 813 Codification of ordinances.
Any or all properly enacted and unrepealed ordinances of the City may be compiled, consolidated, revised and indexed, including such restatements and substantive changes as are necessary for clarity in a comprehensive City Code.
A City Code may be adopted by reference by the passage of an ordinance in the same manner as other ordinances of the City. The City Code itself need not be published in the manner required for other ordinances. Prior to its adoption, not less than three copies of the Code shall be filed in the City Clerk's Office, for examination by the public. After the Code has been adopted, ordinances may be amendatory or revisory of the Code. Sections of the Code shall not be revised or amended by reference but readopted and published at length as revised or amended. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 814 Adoption of printed building codes, etc.
Ordinances establishing rules and regulations for the construction of buildings, the installation of plumbing, the installation of electric wiring, or other similar work, where such rules and regulations have been printed as a code in book form, may be adopted by reference by the passage of an ordinance in the same manner as other ordinances of the City. The code so adopted need not be published at length, provided, however, that not less than three copies of such code shall have been filed, for use and examination by the public, in the office of the City Clerk prior to the adoption thereof.
Sec. 815 Publishing of legal notices.
The City Council shall by resolution designate one or more newspapers of general circulation in the City of Santa Clara as official newspaper for the publication of any legal notice or other matter required to be published in a newspaper of general circulation in said City. If it appears to the City Council that the rates offered are unfair, it need not designate an official newspaper.
Upon making a finding to such effect, or if publication of newspapers which have been so designated are suspended, then legal notices, ordinances or other matter required to be published in an official newspaper may be published by posting copies thereof in at least three public places in the City. The places for posting of legal notices shall be fixed by ordinance of the City Council.
No defect or irregularity in proceedings taken under this section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter, or law, or ordinance.
Article IX. Officers and Employees
Sec. 900 Officers to be appointed by the City Council and by the City Manager.
In addition to the City Manager, the City Council shall appoint and affix the compensation for the City Attorney and City Auditor who shall serve at the pleasure of the City Council and may be removed by motion of the City Council adopted by at least four affirmative votes.
All other officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager at compensation fixed by the City Council.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 14 of 32 (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 901 Other appointive officers.
The City Council may provide by ordinance for the creation, consolidation or abolishment of the City departments or offices, not specifically enumerated in this Charter. Each department so created shall be headed by an officer as department head who shall be appointed by the City Manager.
Sec. 902 Appointive officers; duties.
Each appointive officer shall perform the duties imposed upon him/her by this Charter, by ordinance, or resolution and, if under jurisdiction of the City Manager, shall perform such other duties relating to his/her office as may be required of him/her by the City Manager. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 903 City clerk; powers and duties.
The City Clerk shall have the power and be required to:
(a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purposes; (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions, with the certificate of the clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds;
(d) Keep all aforementioned books properly indexed and open to public inspection when not in actual use;
(e) Be the custodian of the seal of the City;
(f) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records; and (g) Have charge of all City elections.
The City Council may, in its discretion, appoint any other officer or employee of the City as City Clerk and grant such person additional compensation for the performance of such duties.
Sec. 904 Director of Finance.
There shall be a department of finance; the head of which shall be the Director of Finance, who as determined by the City Council, shall be, or be appointed by, the City Manager. The Director of Finance under the supervision of the City Manager shall have charge of the administration of THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 15 of 32 the financial affairs of the City, including the financial affairs of the City-owned public utilities, and he/she shall have power and be required to:
(a) Compile the budget expense and capital estimates for the City Manager; (b) Supervise and be responsible for the disbursement of all monies and have control over all expenditures which have been budgeted;
(c) Maintain a general accounting system for the City government and of its offices, departments and agencies; keep books for, prescribe the financial forms to be used by and exercise financial budgetary control over each office, department or agency; (d) Submit to the City Council, through the City Manager, a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; (e) Prepare for the City Manager, as of the end of each fiscal year, a complete financial statement and report;
(f) Collect all taxes, special assessments, utility charges, license fees and other revenues of the City for whose collection the City is responsible except City taxes collected by the County and as provided in Section 1306, and receive all money receivable by the City from the State or Federal government, or from any court, or from any office, department or agency of the City;
(g) Receive and have custody of all monies receivable by the City from any source; (h) Deposit all monies received in such depositories as may be designated by resolution of the City Council or, if no resolution be adopted, by the City Manager, and in compliance with all the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds; and
(i) Have custody of all investments and invested funds of the City government, or in possession of such government in a fiduciary capacity, and have the safe-keeping of all bonds and notes of the City and the receipt and delivery of City bonds and notes for transfer, registration or exchange. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 905 City Engineer and Department of Public Works.
(1) City Engineer. The City Engineer shall be a Registered Professional Engineer in the State of California, and he/she shall have the power and be required to:
(a) Supervise and be responsible for all City engineering work, including the preparation of engineering maps, surveys, and designs;
(b) Perform such other duties as the City Council may from time to time prescribe, either by ordinance or resolution; and,
(c) On vacating the office, surrender to his/her successor all maps, plans, field notes and other records and memoranda belonging to the City and pertaining to his/her office and the work thereof.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 16 of 32 (2) Director of Public Works and Utilities. The Director of Public Works and Utilities, who may be the City Engineer, shall, under the supervision of the City Manager, be in charge of the administration of such departments of the City, including engineering and utilities, as are or may be from time to time designated by the City Council. (As amended 1965 Statutes, Senate Concurrent Resolution No. 7 4, Chapter 101; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 906 Chief of the Police Department.
The Chief of Police shall have power and be required to:
(a) Preserve the public peace;
(b) Execute and return all process issued to him/her by legal authority; and (c) Exercise all the powers that are now or may hereafter be conferred upon sheriffs and other police officers by the laws of the State. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 907 Chief of the Fire Department.
The Chief of the Fire Department shall have the power and be required to:
(a) Supervise all matters relating to the prevention and extinguishing of fires and the protection of all property impaired thereby; and
(b) Make frequent inspection of all property within the City to enforce fire prevention regulations.
Sec. 908 City Attorney.
There shall be a City Attorney who shall have the power and be required to:
(a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices;
(b) Represent and appear for the City and any City officer or employee or former City officer or employee, in any or all actions and proceedings in which the City or any such officer or employee in or by reason of his/her official capacity, is concerned or is a party, but the City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein; (c) Attend all meetings of the City Council and give his/her advice or opinion in writing whenever requested to do so by the City Council, or by any of the boards or officers of the City; (d) Approve the form of all bonds given to and all contracts made by the City, endorsing his/her approval thereon in writing;
(e) Prepare any and all proposed ordinances or resolutions for the City, and amendments thereto;
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 17 of 32 (f) Prosecute on behalf of the people all criminal cases for violation of this Charter and of City ordinances; and
(g) On vacating the office, surrender to his/her successor, all books, papers, files, and documents pertaining to the City's affairs.
To be eligible for appointment as City Attorney, the appointee shall have been admitted to practice as an attorney at law before the Supreme Court of the State of California, and shall have been engaged in the active practice of law for at least four years immediately prior to his/her appointment. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 909 City Auditor.
The City Auditor shall audit and approve all bills, invoices, payrolls, demands or charges against the City government before payment and, with the advice of the City Attorney, advise the City Council as to the regularity, legality and correctness of such claims, demands or charges.
The City Council may, in its discretion, appoint any other officer or employee of the City as City Auditor and grant such person additional compensation for the performance of such duties.
Sec. 910 Administrative Code.
Within six months after the adoption of this Charter, the Council shall adopt by ordinance an administrative code providing for a plan of administrative organization of the City government, which will cover all matters concerning the powers, duties, term of office, procedure of all the officers, boards and commissions, and employees of the City; provided, however, that the provisions of said code shall not be in conflict with any of the provisions of this Charter. This administrative code will cover all rules and regulations relating to fiscal operations, personnel management, election procedure, and other matters concerning the operation of the functions of the City government.
Sec. 911 Official bonds.
The City Council shall fix by ordinance the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk, except the City Clerk's bond which shall be filed with the City Manager. Premiums on official bonds shall be paid by the City.
In all cases wherein an officer or employee of the City is required to furnish a faithful performance bond, there shall be no personal liability upon, or right to recover against, his/her superior officer, or the bond of the latter, for any wrongful act or omission of the former, unless such superior officer was a party to, or conspired in, such wrongful act or omission. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 912 Oath of office.
Each member of the City Council, of every board and commIssIon, and each officer and department head, before entering upon the discharge of the duties of his/her office shall take, subscribe to and file with the City Clerk the following oath of affirmation: "I do solemnly swear THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 18 of 32 (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter." (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Article X. Appointive Boards and Commissions
Sec. 1000 In general.
There shall be the following enumerated boards and commissions which shall have the powers and duties herein stated, and such other powers and duties as may be conferred by the City Council which are not inconsistent herewith. In addition, the City Council may create by ordinance such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter.
Sec. 1001 Appropriations.
The City Council shall include in its annual budget sufficient appropriations of funds for the efficient and proper functioning of such boards and commissions.
Sec. 1002 Appointments; terms.
Except as otherwise provided in this article, the members of each of such boards or commissions shall be appointed, and shall be subject to removal, by motion of the City Council adopted by at least four affirmative votes. Except as otherwise provided in this article, the members of such boards and commissions shall serve for a term of four years and until their respective successors are appointed and qualified; provided, however, the members first appointed to those boards and commissions shall so classify themselves by lot that each succeeding July 1st the term of at least one of their number shall expire.
Sec. 1003 Meetings; Chair.
As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as it may require. All proceedings shall be open to the public unless the nature of any proceeding is such that in the opinion of such board or commission the public interest would be best served by closing a particular proceeding to the public, and the reasons therefor are declared in any action closing such proceeding. Upon conclusion of any such proceeding any final action which is to be taken by such board or commission, with respect to such proceedings, shall be taken in open meeting.
The affirmative or negative vote of a majority of the entire membership of such board or commission shall be necessary for it to take action. Each board or commission shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. It shall have the same power as the City Council to compel the attendance of witnesses, to THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 19 of 32 examine them under oath and to compel the production of evidence before it. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 1004 Compensation, vacancies.
The members of boards and commissions shall serve without compensation for their services as such, but may receive reimbursement for necessary traveling and other expenses when on official duty on order of the City Council.
Except as otherwise herein provided, any vacancies in any board or commission from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself/herself from three regular meetings of such board or commission, consecutively, unless with permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified elector of the City, his/her office shall be vacant and shall be so declared by the City Council. (As amended, 1967 Statutes, Senate Concurrent Resolution No. 35; Chapter 61; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 1005 Oaths; affirmations.
Each member of any such board or commission shall have the power to administer oaths and affirmations in any investigation or proceeding pending before such board or commission.
Sec. 1006 Planning Commission - Generally.
There shall be a City Planning Commission consisting of seven members to be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government except that the City Manager, and the Director of Public Works and Utilities, or their designated representatives, shall serve as ex-officio members of the commission. (As amended, 1965 Statutes, Senate Concurrent Resolution No. 74, Chapter 101) Sec. 1007 Planning Commission - Duties and powers.
The Planning Commission shall have power and be required to:
(a) After a public hearing thereon, recommend to the City Council the adoption, amendment, or repeal of the General Plan or any part thereof for the physical development of the City;
(b) Exercise such functions with respect to land subdivisions, planning, and zoning as may be prescribed by ordinance; and
(c) Exercise such planning, zoning, environmental or other function as now or may be hereafter authorized by the State of California in so far as they do not conflict with the provisions of this Charter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 20 of 32 Sec. 1008 Parks and Recreation Commission.
There shall be a City Parks and Recreation Commission consisting of seven members to be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government.
Sec. 1009 Parks and Recreation Commission - Powers and duties.
The Parks and Recreation Commission shall have power and be required to:
(a) Act in advisory capacity to the City Council in all matters pertaining to parks, recreation, playgrounds and entertainment;
(b) Consider the annual budget of the Parks and Recreation Department during the process of its preparation and make recommendations with respect thereto to the City Manager and the City Council; and
(c) Assist in the planning and supervision of a recreation program for the inhabitants of the City, promote and stimulate public interest therein and to that end, solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1010 Civil Service Commission.
There shall be a Civil Service Commission consisting of five members to be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government.
Sec. 1011 Civil Service Commission - Powers and duties. (a) The Civil Service Commission is charged with the duty of providing qualified persons for appointment to the service of the City. All appointments in the public service shall be made for the good of that service, and solely upon merit and fitness, as established by appropriate test, without regard to partisan politics, race, color or religious belief. (b) Act as Board of Review to hear petitions by civil service employees, and applicants for civil service positions, and to grant or deny such petitions. (c) Perform such other duties as may be required by the civil service rules and regulations. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1012 Board of Library Trustees.
There shall be a Board of Library Trustees consisting of five members to be appointed by the City Council from the qualified electors of the City and no member of said Board shall hold any paid office or employment in the City government.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 21 of 32 Sec. 1013 Board of Library Trustees - Powers and duties.
The Board of Library Trustees shall have charge of the administration of the Santa Clara Free Public Library and shall have power and be required to:
(a) Make and enforce such by-laws, rules and regulations as it may deem necessary for the administration and protection of the City library;
(b) Approve or disapprove the appointment of a librarian who shall be the department head;
(c) Accept into the library fund and administer money, personal property or real estate donated to the City or otherwise acquired for library purposes subject to the approval of the City Council;
(d) Contract with school, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the City Council. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Article XI. Civil Service
Sec. 1100 Civil service; merit principle.
Appointments and promotions in the service of the City shall be made according to merit and fitness, to be ascertained, so far as practicable, by competitive examination.
Sec. 1101 Classified service.
The civil service of the City shall be divided into the unclassified and classified service. (a) The unclassified service shall comprise the following offices and positions:
(1) All elective officers;
(2) City Manager;
(3) City Attorney;
(4) City Clerk;
(5) City Auditor;
(6) The head of each department, including but not limited to, the Director of Finance, Director of Public Works and Utilities, City Engineer, Chief of the Police Department, Chief of the Fire Department;
(7) The Assistant City Manager, Assistant City Attorney, and Assistant Department Heads, whenever so designated by the City Council; (8) All members of boards and commissions;
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 22 of 32 (9) Persons employed for a temporary or special purpose, for a period not to exceed six months in any one calendar year, if the City Manager certifies that such employment is temporary and that the work shall not be performed by employees in the classified service;
(10) Persons employed to render professional, scientific, technical or expert service of an occasional and exceptional character;
(11) Volunteer members of the Fire Department and Police Reserve; and, (12) The City Council by ordinance may divide or separate any department of the City into divisions and by ordinance may provide that the employee selected to be the head of any such division shall be in the unclassified service.
(b) The classified service shall comprise all positions not specifically included in this section in the unclassified service. (As amended 1965 Statutes, Senate Concurrent Resolution No. 74, Chapter 101; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1102 Appointments from classified to the unclassified service.
In the event an officer or employee of the City holding a position in the classified service is appointed to a position in the unclassified service, and should subsequently be removed therefrom, he/she shall revert to his/her former position in the classified service without loss of any rights or privileges and upon the same terms and conditions as if he/she had remained in said position continuously. Should such person be eligible for retirement under the retirement system at the time of such subsequent removal, upon recommendation of the City Manager, he/she shall be retired in lieu of being restored to his/her former position. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 1103 Classification.
The City Manager shall prepare and submit to the City Council a plan of classification and grading of all positions in the City Service according to similarity of authority, duties and responsibilities. Such classification plan shall take effect when adopted by the City Council.
Additions or changes in the classification plan may be adopted from time to time by the City Council upon the recommendation of the City Manager.
Sec. 1104 Pay plan.
The City Manager shall prepare and submit to the City Council a standard schedule of pay for each position in the classified service. Such pay plan when adopted by the City Council shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class of positions. Amendments to the pay schedule may be adopted from time to time upon the recommendation of the City Manager.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 23 of 32 Sec. 1105 Civil service rules and regulations.
The City Council shall adopt civil service rules and regulations governing the administration of the City civil service system to implement the provisions of this Article.
Sec. 1106 Reserved.
Code reviser's note: At an election held on November 7, 1972, the electors repealed former section 1106 containing provisions prohibiting persons in the classified service from engaging in certain political activities. Said former section was adopted by the electors at an election held on April 2, 1951, and approved by the State legislature on April 25, 1951. The repeal of said section 1106 was approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10).
Sec. 1107 Prohibitions.
No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any application, test, certification, or appointment held or made under the personnel provision of this Charter or in any manner commit or attempt any fraud preventing the impartial execution of such personnel provisions or rules and regulations made hereunder.
Any person who by himself/herself or with others willfully or corruptly violates any of the provisions of this Article shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment. Any person convicted hereunder shall be ineligible for a period of five years for employment in the City service and shall, if he/she is an officer or employee of the City, immediately forfeit his/her office or position. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1108 Contract for administrative services.
The City Council, upon recommendation of the City Manager, may contract with the governing body of any other city, or county within this state, or with any state department, or with any private or governmental agency for the furnishing of administrative, fiscal, or personnel services.
Article XII. Retirement
Sec. 1200 State system.
The "Public Employees' Retirement Law," as it now exists or may hereafter be amended, is hereby adopted for the City of Santa Clara, and plenary authority and power are hereby vested in said City, its City Council and its several officers, agents and employees at their discretion to do and perform any act, or exercise any authority granted, permitted, or required under the provisions of said Retirement Law, to enable said City to become or continue as a contracting City participating in the Public Employees' Retirement System; provided, however, that the City Council may terminate any contract entered into with the Board of Administration of the Public Employees' Retirement System only under authority granted by ordinances adopted by a majority vote of the electors of the City of Santa Clara, voting on such proposition at an election at which such proposal is presented. (As amended by electors at election held November 7, 1972, approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10)) THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 24 of 32 Article XIII. Fiscal Administration
Sec. 1300 Fiscal year.
Unless otherwise provided by ordinance, the fiscal year of the City government shall begin on the first day of July of each year and end on the 30th day of June of the following year. (As amended 1959 Statutes, Senate Concurrent Resolution No. 37; Chapter 121) Sec. 1301 Annual budget; preparation by the City Manager.
At such date as he/she shall determine, the City Manager shall obtain from each office, department or agency of the City, estimates of revenue and expenditure for such office, department or agency, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed budget, the City Manager shall review the estimates, shall hold conferences thereon with the head of such office, department or agency, respectively, and may revise the estimates as he/she may deem advisable. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 1302 Budget - Submission to City Council.
At least thirty-five (35) days prior to the beginning of each fiscal year, or at such prior date thereto determined by the City Council, the City Manager shall submit to the City Council the proposed budget as prepared by him/her. After reviewing the same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten days prior to said hearing, by at least one insertion in an official newspaper.
Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. (As amended 1959 Statutes, Senate Concurrent Resolution No. 37; Chapter 121; Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 1303 Budget - Public hearing.
At the time so advertised, or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons shall be given an opportunity to be heard.
Sec. 1304 Budget - Further consideration and adoption.
After the conclusion of the public hearing, the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before June 30 it shall adopt the budget with revisions, if any, by the affirmative votes of at least four members.
Upon final adoption, the budget shall be in effect for the ensuing fiscal year. A copy thereof, certified by the City Clerk, shall be filed with the City Manager and a further copy shall be placed and shall remain on file in the office of the City Clerk where it shall be available for inspection.
The budget so certified shall be reproduced and copies made available for the use of departments, offices and agencies of the City. (As amended, 1959 Statutes, Senate Concurrent Resolution No. 37; Chapter 121)
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 25 of 32 Sec. 1305 Budget - Appropriations.
From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered.
At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least five members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenue not included in the budget.
Sec. 1306 Tax system and collection of taxes.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1306.5 Budget and levy of taxes for interim period between fiscal years. (Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1307 Tax limits.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1308 Tax liens.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1309 Bonded debt limit.
The bonded indebtedness of the City may not in the aggregate exceed the sum of fifteen percent (15%) of the total assessed valuation of property within the City, exclusive of revenue bonds or any indebtedness that has been or may hereafter be incurred for the purposes of acquiring, constructing, extending, or maintaining municipally owned utilities, for which purposes a further indebtedness may be incurred by the issuance of bonds, subject only to the provisions of the State Constitution and of this Charter.
Sec. 1310 Contracts on public works.
Every contract involving an expenditure of more than one thousand dollars ($1,000.00) 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 after notice by publication in an official newspaper by one or more insertions, the first of which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may re-advertise in its discretion.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 26 of 32 The City Council, without advertising for bids, or after rejecting bids, or if no bids are received, 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. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constituting such urgency.
Sec. 1311 General fund.
The City Council shall maintain a General Fund for the purpose of accounting for the general government revenue and the expenditures of the various City departments resulting from the provision of general government services.
The City Council shall maintain a General Contingency Reserve Fund. A reserve shall be built up in this fund from any available sources including any excess of revenues over expenditures in the General Fund during any fiscal year.
The City Council may establish reserve accounts in the General Contingency Reserve Fund as needed to segregate monies for particular purposes. Transfers may be made by the City Council from the General Contingency Reserve Fund to any other fund or funds, of such sum or sums as may be required for the purposes Council deems appropriate. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 1312 Capital project funds.
Capital Project funds shall be created and maintained as necessary to segregate and account for specific capital improvement project transactions and appropriations shall be included in the Capital Improvement Project Budget. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1313 Department funds.
The City Council shall maintain separate accounting records for the collection of revenues and disbursement of expenditures that are related to specific functions as determined by federal, state, other agency laws or City Charter provisions and regulations or as determined by Council action. These specific functions include, but are not limited to: the various City utilities whose operations are funded by user charges; grant programs; and trust funds established by bequest.
Separate funds or accounts shall be maintained such that proper reporting can be made at any time. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1314 Petty cash funds.
The City Council may provide for revolving petty cash funds, to be paid to the City Manager or department heads and used for payment in cash of expenditures provided for in the budgets that cannot conveniently be paid otherwise. The City Manager, and such department heads, shall account to the City Council for all disbursements made therefrom when making demand THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 27 of 32 for replenishment of the same and at such other times as the Council may require and the amounts shall thereupon be charged against the proper appropriations.
Sec. 1315 Presentation of demands.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1316 Registering warrants.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1317 Actions against City.
No suit or action for money or damages, whether sounding in tort, contract or some other theory, may be brought against the City, or any board, commission, agency or officer, agent or employee thereof, until a claim has been filed with the City, and either the City acts on the claim or it is deemed denied by operation of law. The procedures prescribed by State law governing the presentations, consideration and enforcement of claims against cities and its officers, agents and employees shall apply to the presentation, consideration and enforcement of claims against the City. Claims for money or damages which are excepted from or not covered by State law may be governed by the procedures established by City ordinance. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) Sec. 1318 Centralized purchasing.
A centralized purchasing system shall be established for all City Departments, offices, and agencies. The City Manager shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for purchasing, storing, distribution, or disposal of all supplies, materials and equipment, required by any department, office or agency of the City government.
Sec. 1319 Independent audit.
The Council shall employ, at the beginning of each fiscal year, an independent certified public accountant who shall audit the books, records and accounts of all officers and employees of the City who receive, administer or disburse public funds, and such other officers, employees, departments and agencies as the Council may direct. Such audit shall be made at such times as may be prescribed by the City Council but shall be at least annually.
As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such independent accountant to the Council, the City Manager and the City Attorney. Three (3) copies of the audit shall be placed on file in the City Clerk's office where they shall be available for public inspection. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 28 of 32 Sec. 1320 Utilities fund.
Receipts from the utilities operated by the City shall be paid into the City Treasury and maintained in a separate utilities fund for such utilities. Expenditures from such fund shall be made for the following purposes only for such utilities in the order named, viz.:
(a) For the payment of operating expenses, pension charges and proportionate payments to such compensation and other insurance and accident reserve funds as the City or the City Council may establish;
(b) For repairs and maintenance;
(c) For the payment of interest and sinking funds on bonds issued for acquisition, construction or extensions;
(d) For the payment of five per cent of the gross receipts from such utilities to the general fund of the City; subject, however, to such limitations as may be contained in any resolution or indenture heretofore adopted providing for the issuance of revenue bonds for the acquisition, construction or improvement of such utilities, which bonds are now outstanding or may hereafter be issued under such existing resolution or indenture; (e) For extensions and improvements;
(f) For the establishment of a sinking fund within the utilities fund for the replacement of utilities property in the minimum amount of two million five hundred thousand dollars ($2,500,000.00).
The City Council shall cause records to be kept of the receipts and expenditures of each utility and of credits and debits of each utility in the aforementioned utilities fund. The City Council may, however, order expenditures from the utilities fund for any utility even though that utility has no credit in the utilities fund, provided only that the balance in the utilities fund is greater than the proposed expenditure. (As Amended, 1967 Statutes, Senate Concurrent Resolution 35; Chapter 61; Amendment ratified 11-4-80; Amended by electors at an election held November 8, 2023, Charter Chapter 18 of the State Statutes of 2023) Sec. 1321 Revenue bonds.
(a) The City Council, when authorized at an election as hereinafter provided, shall have power to issue revenue bonds for the purposes authorized by the general laws of the State of California including the issuance of refunding revenue bonds and also shall have power to borrow money and incur indebtedness for any and all revenue producing works, undertakings, enterprises and utilities (hereinafter in this section referred to as "works") to the end that, as far as practicable, all such works shall be self sustaining and shall be paid for directly out of the revenues therefrom. Such works may be financed through the issuance of revenue bonds. (b) Neither such revenue bonds, nor the interest accruing thereon, shall be, or evidence, indebtedness of the City. Such revenue bonds, and the interest accruing thereon, shall be a charge solely upon such of the revenues of the works on account of which they are issued as by the terms of their issuance are so charged therewith, but shall not be a charge, lien or encumbrance, legal or equitable, upon, nor shall any recourse on account thereof be had against any income, receipts, revenues, funds, or property of the City, other than such charge THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 29 of 32 upon such revenues of the work on account of which they are issued, and neither the credit nor the taxing power of the City shall be deemed to be pledged to, or charged with, such payment, nor shall the holder of any such bond have any right to compel the exercise of such taxing power.
(c) The City Council may avail itself of any of the procedures now or hereafter authorized by the general laws of the State of California for the issuance of revenue bonds or the City Council may, by ordinance or resolution effective upon adoption set up and establish a procedure for the issuance of such revenue bonds, the calling and holding of elections therefor, and all matters pertaining to the issuance and sale of such bonds; provided, however, that the issuance of said revenue bonds shall be submitted to the electors at an election and the votes of a majority of all those voting on the proposition shall be required to authorize the issuance of the bonds.
(d) Nothing in this section or elsewhere in this Charter, shall preclude the issuance, when authorized by two-thirds vote of the duly qualified electors of the City voting upon the proposition, of bonds of the City, for the purposes of any works, pursuant to proceedings therefor taken in accordance with the Constitution and general laws of the State. It is nevertheless the intention of this Charter that all principal and interest accruing on such bonds of the City if any, shall be provided currently out of the revenue fund pertaining to the works on account of which such bonds of the City shall have been issued, so far as it is practicable to make such provisions after the payment of all costs of operation and maintenance of said works and of all principal and interest on revenue bonds of the City issued on account of said works, and that so far as such current provision is not practicable, the general funds of the City shall be reimbursed out of said revenue fund, as soon as practicable, for all moneys paid from such general funds on account of such bonds of the City.
(e) The City Council shall have power to issue revenue bonds to finance the generation, production, transmission and distribution of electric energy, including the acquisition and/or construction of lands and facilities therefor, without authorization at an election. The City Council may avail itself of the procedures now or hereafter authorized by the general laws of the State of California for the issuance of such revenue bonds or the City Council may, by ordinance or resolution effective upon adoption, set up and establish a procedure for the issuance of such revenue bonds and all matters pertaining to the issuance and sale of such bonds. This section (e) does not authorize the financing of a nuclear plant, or an interest therein, unless approved by an election. (Amendment ratified 11-3-81)
Article XIV. Franchises
Sec. 1400 Procedure; terms.
The City Council may by ordinance provide a procedure for the granting of franchises or grant franchises pursuant to the procedure provided by the State law. Franchises may be granted for the use by any public utility of the streets, public places or property of the City upon such terms, conditions, restrictions and limitations as may be prescribed by ordinance, but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred.
Such franchises may be granted either for a fixed or an indeterminate period.
THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 30 of 32 Article XV. Reserved
Code reviser's note: At an election held on November 7, 1972, the electors repealed former Art. XV, section 1500 - 1505, pertaining to the police court. Said former article was adopted by the electors at an election held on April 2, 1951, and approved by the State legislature on April 25, 1951. The repeal of said Art. XV was approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10).
Article XVI. Reserved
Code reviser's note: At an election held on November 7, 1972, the electors repealed former Art. XVI, section 1600, pertaining to the school department. Said former article was adopted by the electors at an election held on April 2, 1951, and approved by the State legislature on April 25, 1951, and amended by the State legislature ( 1957 Stats., p. 4459). The repeal of said Art. XVI was approved by Senate Concurrent Resolution (1973 Stats., Res. Ch. 10).
Article XVII. Reserved Powers, State Elections Code and Amendments to State Elections Code
Sec. 1700 Reserved powers.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1701 State Elections Code.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Sec. 1702 Amendments to State Elections Code.
(Repealed by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000)
Article XVIII. Miscellaneous
Sec. 1800 Definitions.
Unless the provision or the context otherwise requires, as used in the Charter:
(a) "Shall" is mandatory, and "may" is permissive.
(b) "City" is the City of Santa Clara and "department," "board," "commission," "agency," or "employee," is a department, board, commission, agency, officer or employee as the case may be, of the City of Santa Clara.
(c) The masculine and feminine gender include the neuter. (Amended by electors at an election held March 7, 2000, Charter Chapter 11 of the State Statutes of 2000) THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 31 of 32 Sec. 1801 Violations.
The violation of any provIsIon of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine of not exceeding one thousand dollars ($1,000.00) or by imprisonment for a term of not exceeding one year or by both such fine and imprisonment.
Sec. 1802 Validity.
If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby.
Sec. 1803 Effective date.
For the purpose of nominating and electing members of the City Council, this Charter shall take effect from the time of its approval by the legislature. For all other purposes it shall take effect on the Tuesday next succeeding the date of election of the first City Council at 8:00 P.M.
T-CC-0145212023-07-01 - CHARTER OF THE CITY OF SANTA CLARA.doc THE CHARTER OF THE CITY OF SANTA CLARA, CALIFORNIA Page 32 of 32 Updated 2018
CITY OF SANTA CLARA
VOTE HISTORY
Ballot Measures
Regarding
Charter Amendments
1952 to Present
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc
CITY OF SANTA CLARA BALLOT MEASURES
PERTAINING TO CHARTER AMENDMENTS
1952 to Present
November 4, 1952 (General Election)
Measure C: Elect Police Chief and City Clerk
(Passed) Yes - 3,538 No - 2,420
"Shall the Charter of the City be amended by adding
a new section thereto to provide that the Chief of
the Police Department and the City Clerk shall be
elected officials instead of appointed officers?
Said amendment also provides an election shall be
held in 1953 to fill said office, and also in April
1955 and every four years thereafter."
June 5, 1956 (Primary Election)
Measure A: Public School System
(Passed) Yes - 4,938 No 1,292
"Shall Article XVI and Sections 1600 and 1601 of
the Charter of the City of Santa Clara be amended
to provide that the organization, government and
administration of the public school system, the
manner and mode of selection, the powers and duties
of the Board of Education and its members shall be
set forth in the Constitution, Education Code and
applicable general laws of the State of
California?"
November 4, 1958 (General Election) Charter Amendments
Measure A: Change of Fiscal Year
(Passed) Yes - 8,780 No - 2,554
"Shall the Charter of the City of Santa Clara be
amended by amending Sections 1300, 1302, 1304 and
1306 thereof and adding Section 1306.5 thereto to
provide that the fiscal year of said City shall
commence on July 1st of each year and end on June
30th of the following year unless otherwise
provided by ordinance; also providing the annual
budget shall be submitted at least 35 days before
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc the beginning of each fiscal year and as determined
by the Council; and that the annual budget shall be
adopted on or before June 30th of each year and the
tax levy fixed by August 15th of each year and
providing for the adoption of an interim budget
when a change in fiscal years requires the same?"
Measure B: Classified Service
(Passed) Yes - 6,450 No - 4,628
"Shall Section 1101 of the Charter be amended to
provide for the division of the Civil Service of
the City into the Classified and Unclassified
Service and providing how said services shall be
comprised and adding a provision that a department
of the City may by ordinance be divided into
divisions and the heads of such divisions shall be
in the Unclassified Service?"
Measure C: Supervision by City Engineer
(Passed) Yes - 8,936 No - 2,571
"Shall Section 905 of the Charter of the City of
Santa Clara be amended to provide that the City
Engineer shall supervise and be responsible for all
engineering work of the City, and that the head of
the Department of Public Works and Utilities shall
supervise and be responsible for the inspection,
care, maintenance and repair of various public
works and public utilities of said City?"
1965 Section 905.1 position of City Engineer and Section 905.2 Director of Public Works.
February 15, 1967
Prop A Amend Sec. 702 – Each Council Member shall receive $200 p/month and the Mayor an additional $100 p/month (PASSED ELECTION).
Prop A1 Amend Section 702 to keep compensation of Mayor and Council limited according to standards of other general law cities the size of Santa Clara (FAILED ELECTION).
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Prop B Amend Section 1320 – set aside a separate utilities fund and establish a sinking fund of $2,500,000 in utilities account (PASSED ELECTION).
Prop C Amend Section 1004 to delete restriction against reimbursement of Board and Commission members for
expenses (PASSED ELECTION). (Ordinance 1157, 2-15-67,
Minutes 4-11-67, p. 166).
June 4, 1968 (Primary Election) Charter Amendments
Measure N: Political Activities
(Failed) Yes - 5,743 No - 12,703
"Shall Section 1106 of the Charter of the City of
Santa Clara entitled 'Political Activities
Prohibited' be repealed?"
Measure O: City Councilmen
(Failed) Yes - 7,134 No - 12,060
"Shall Section 701 of the Charter of the City of
Santa Clara be amended to allow the election of a
person to hold office as a member of the City
Council no matter the number of consecutive terms
he has served, and to provide that no person shall
be eligible for appointment to fill a vacancy in
the Council until two years after any prior service
by him as a member of the City Council?"
November 5, 1968 (General Election)
Measure D: Elected Mayor
(Passed) Yes - 13,484 No - 12,047
"Shall the Charter of the City of Santa Clara be
changed to make the City's Mayor elected from the
City at large, to establish the provisions to
nominate and elect such officer, to establish the
compensation of the elective Mayor at $1,000 per
month, to establish at four years the term of such
Mayor and limit to two the number of successive
terms such a Mayor might serve, to set forth the
political position of the elective Mayor listing
his specific duties and powers, to establish
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc qualifications for all elective offices of City and
to establish a uniform procedure for filling
vacancies in all elective offices of City?"
November 7, 1972 (General Election)
Measure B: Eligibility for Candidate for City Offices
(Passed) Yes - 17,717 No - 12,054
"Shall the Charter of the City of Santa Clara be
changed as follows: to expressly provide that no
person shall be eligible to be a candidate for or
to take or hold any elective office of the City
unless he has resided in the City for the year next
preceding the date of his election or appointment
to such office; by deleting from the Charter
Section 1106 which purports to prohibit certain
political activities by persons holding positions
in the classified service or on an eligible list;
by changing all references in Section 1200 of the
Charter from 'State Employees' Retirement Act' and
'State Employees' Retirement System' to 'Public
Employees' Retirement Law' and 'Public Employees'
Retirement System,' respectively; and by deleting
Articles XV and XVI of the Charter which articles
contain provisions with reference to Police Court
and School Department, respectively?"
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Measure C: City Clerk; Powers, Duties
(Failed) Yes - 14,057 No - 14,368
"Shall the Charter of the City of Santa Clara be
changed as follows: by deleting the provision from
Section 903 of the Charter that 'The City Council
may, in its discretion, appoint any other officer
or employee of the City as City Clerk and grant
such person additional compensation for the
performance of such duties.'; by changing the title
of Section 1101 from 'Classified Service' to
'Classified and Unclassified Service', by changing
the numbering and sequence of the offices and
positions listed as comprising the unclassified
service and by deleting the specific reference to
City Clerk and Chief of the Police Department from
such listing."
Measure D: Eligibility of Councilmen and Mayor
(Failed) Yes - 7,525 No - 22,175
"Shall the Charter of the City of Santa Clara be
changed by removing the present restrictions on the
eligibility of Councilmen, including the Mayor, to
serve more than two consecutive elective terms as
such, respectively?"
Measure E: Sale City Owned Property
(Failed) Yes - 8,510 No - 19,948
"Shall the Charter of the City of Santa Clara be
changed as follows: that Section 714 of the
Charter shall provide that City owned property up
to and include $2,500 in value may be sold without
first publishing notice of intention to sell in an
official newspaper once a week for two weeks
preceding the date of such sale; that with respect
to contracts on public works the formal advertised
procurement procedures of Section 1310 of the
Charter would be changed to contracts involving an
expenditure of more than $3,500; that all other
provisions of the Sections 714 and 1310 shall
remain in full force and effect, unchanged?"
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Measure F: Terms of Elected Candidates
(Passed) Yes - 15,079 No - 12,031
"Shall the Charter of the City of Santa Clara be
changed to provide generally that all candidates
hereafter elected at any general municipal
elections prescribed in the Charter, shall serve
for a term of four years, commencing forthwith on
completion of the canvass of ballots of such
election, and continuing until their respective
successors shall have been elected and qualified,
with the exception that candidates so elected for
other than an unexpired term in such a municipal
election held in 1973 and 1975 shall serve for a
term commencing on the first Monday in May of such
years following each of such elections and ending
in the fourth year thereafter on completion of the
canvass of ballots of the general municipal
election held in such year, and at the time their
respective successors have been elected and
qualified?"
Measure G: Council Seats Numbered
(Passed) Yes - 17,650 No - 9,229
"Shall the Charter of the City of Santa Clara be
changed by providing for the designation of Council
seats, providing a procedure for the election and
filling of the separate seats, prohibiting a person
from being a candidate for more than one such seat
and restricting certain incumbent members of the
City Council from being a candidate for any
numbered Council seat other than the one which he
holds?"
Measure H: Compensation of Council Members
(Failed) Yes - 11,949 No - 16,725
"Shall Section 700 of the Charter of the City of
Santa Clara be changed to provide that each member
of the City Council shall receive as compensation
the sum of three hundred dollars ($300) per month?"
April 5, 1977 Election Primary
Proposition A: Change Election Date
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc (Passed) YES - 4,614 NO - 4,084
“Shall the Charter of the City of Santa Clara be
amended by changing the date of holding the City’s
general municipal elections?”
Proposition B: City Council Compensation
(Failed) YES - 1,084 NO - 7,712
“Shall Section 702 of the Charter of the City of
Santa Clara be amended to provide a $400 per month
compensation for each member of the City Council
other than the Mayor, for a $1,667 per month
compensation for the Mayor?”
Proposition C: City Council Medical/Dental Benefits
(Failed) YES - 1,395 NO - 7,292
“Shall the Charter of the City of Santa Clara be
changed to provide the same medical and dental
benefits for each member of the City Council
including the Mayor as is provided from time to
time to the holders of the City elective offices of
City Clerk and/or Chief of Police?”
Proposition D: City Property Disposition Under $5,000 Value (Failed) YES - 1,416 NO - 6,983
“Shall Section 714 of the Charter of the City of
Santa Clara be revised as proposed to provide
alternate procedures for the City Council to
exercise the City Council’s power to lease, sell,
or convey City property?”
Proposition 1: Neighborhood Senior Citizen Housing
(Advisory Vote Only)
(Passed) YES - 4,787 NO - 3,660
“Shall it be recommended that the City of Santa
Clara shall comply with the Housing and Development
Act of 1974 and allow to be completed by 1979
within the boundaries of the City of Santa Clara
195 senior citizen housing units where these units
will be developed within any geographical area of
the City of Santa Clara with an attempt to
encourage the distribution of these housing units
throughout the City’s neighborhoods?”
Proposition 2: High Rise Housing
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc (Advisory Vote Only
(Failed) YES - 3,820 NO - 4,816
“Shall it be recommended that the City of Santa
Clara approve the concept of a federally funded
retirement facility with rent supplements in the
University Redevelopment Project, which facility
would be constructed at no cost to the City, would
be a nine-story high-rise of approximately the
height of the existing Bank of America Building in
the Project Area, and which would include
approximately 176 apartment units, a dining room,
leisure time areas, the area of the ground floor
for commercial use and adjacent parking, the
construction of which facility would help satisfy
the commitments of the City of Santa Clara to
provide housing for lower and middle income
elderly?”
November 6, 1979 (Special Statewide Election)
Proposition D: Amend Election Date
(Passed) Yes - 7,500 No - 495
"Shall the City of Santa Clara's general municipal
elections be held on the same dates as the regular
election of the Santa Clara Unified School
District?"
November 4, 1980 (General Election) Charter Amendment
Measure N: Utility Tax Transfer
(Passed) Yes - 16,205 No - 10,047
"Shall Section 1320 of the Charter of the City of
Santa Clara be amended to delete therefrom the
authority of the City to transfer to its General
Fund the balance of any monies remaining in excess
of the Charter prescribed sinking fund for
replacement of utilities property?"
November 3, 1981 (Special Election)
Measure E: Revenue Bonds
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc (Passed) Yes - 4,792 No - 4,070
"Shall the Charter of the City of Santa Clara be
changed to provide that the City may issue revenue
bonds, payable solely from the revenues of the
electrical works without tax liability, to finance
the production, transmission, distribution and nonnuclear generation of electric energy without requiring an election?"
Measure F: Council Salaries
(Failed) Yes - 2,459 No - 6,327
"Shall the Charter of the City of Santa Clara be
amended to provide a $400 per month compensation
for each member of the City Council other than the
Mayor, and for a $1500 per month compensation for
the Mayor?"
November 4, 1986 (General Election)
Measure K: Charter Amendment-Council Compensation
(Failed) Yes - 8,239 No - 12,863
"Amends Section 702 of the Santa Clara Charter to
provide $1,000 per month compensation for each
member of the City Council other than Mayor, and
$1,800 per month compensation for the Mayor."
Measure L: Charter Amendment-Council Compensation
(Failed) Yes - 6,122 No - 14,287
"Amends Section 702 of the Santa Clara Charter, as
indicated in the text of the amendment, to provide
each member of the City Council with compensation
comparable to the maximum compensation authorized
by state law for the respective council counterpart
in the general law city."
June 7, 1994 (Special Municipal Election)
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc Measure B: Chief of Police Appointment.
(Failed) Yes - 4,370 No - 10,079
Amends the Charter of the City of Santa Clara to
provide for the appointment of the Chief of Police
by the City Manager rather than selection of the
Chief of Police by the current election process.
March 7, 2000 (Special Municipal Election)
Measure H: Charter Amendment – Obsolete Language
(Passed) Yes - 16,047 No - 2,880
Amends the Charter by eliminating obsolete,
unnecessary and unclear language, making the
Charter gender neutral, making the Charter
consistent with current legal requirements, and
making minor revisions to make the Charter
consistent with modern city charters.
Measure I: Charter Amendment – Chief of Police Requirements (Passed) Yes – 16,558 No – 2,244
Amends the Charter to require that candidates for
the elected office of Chief of Police meet the
minimum eligibility and qualification requirements
imposed by State law upon candidates for the office
of Sheriff.
Measure J: Charter Amendment – Council and Mayor Compensation (Passed) Yes – 10,791 No – 7,924
Amends the Charter to provide for an increase in
City Council Member compensation to $600 per month
with annual increases for the Mayor and City
Council members equal to the consumer price index,
but not to exceed 5% in any year.
Measure K: Charter Amendment – Disposal of City-owned Real Property
(Failed) Yes – 6,819 No – 11,907
Amends the Charter to permit the disposal of Cityowned real property of $50,000 or less in value without publishing in an official newspaper a
notice of intention to sell real property.
Measure L: Charter Amendment – Award of Public Works Contracts
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc of up to $50,000 in value
(Failed) Yes – 7,332 No – 11,269
Amends the Charter to permit the award of public
works contracts of up to $50,000 in value, with an
annual increase consistent with the consumer price
index, without publishing in an official newspaper
a notice of intent to award a public works
contract, provided that the City Council first
establishes by ordinance a competitive bid
procedure for such contracts.
November 7, 2006 (General Municipal Election)
Measure B: Binding arbitration for certain personnel of the Police and Fire Departments
Shall a section be added to the City Charter which
would require binding arbitration before a three
person arbitration panel of all unresolved disputes
between the City and certain personnel of the
Police and Fire Departments on all matters relating
to wages, hours, and other terms and conditions of
City employment, including the interpretation and
application of any existing labor agreements?
(Failed) Yes – 9,853 No – 12,612
November 8, 2016 (Special Municipal Election)
Measure O: Setting of Salaries for Mayor and City Council.
Shall Section 702 of the Santa Clara City Charter
be amended to set the salaries of the Mayor at
$2500 per month and City Council at $2000 per
month, and to create a Salary Setting Commission to
review and adjust those salaries every two years?
(Passed) Yes – 25,640 No – 10,393
Measure P: Mayor and City Council Term Limits. Shall Sections 701 and 704.1 of the Santa Clara City Charter be
amended to limit the Mayor and members of the City
Council to no more than two full terms for each
office, and to define a partial term in excess of
two years as a full term?
(Passed) Yes – 29,495 No – 6,908
Measure Q: Filling Vacancies in City Elected Offices. Shall Section 703 of the Santa Clara City Charter be
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc amended to provide that vacancies in any elective
office of the City be filled by a four-fifths (4/5)
vote of the City Council and to require that
persons appointed to fill vacancies occurring in
the first half of a term of office shall hold
office until the next general municipal election?
(Passed) Yes – 28,156 No – 6,855
Measure R: Protection of Parkland and Open Space. Shall Section 714.1 of the Santa Clara City Charter be
added to provide that no City owned land used for
park or recreational purposes, including the
Ulistac Natural Area and the Santa Clara Soccer
Park, shall be sold or disposed of by the City
without being authorized by a two-thirds (2/3)
majority vote and that development upon such
property shall be subject to referendum?
(Passed) Yes – 33,552 No – 3,890
June 5, 2018 (Special Municipal Election)
Measure A: DISTRICT COUNCIL ELECTIONS/VOTING METHOD:
Shall the City Charter be amended to establish two
districts starting in 2020 to be represented by
three Council Members each; and , when available,
use ranked choice voting to allow voters to select
candidates in order of choice to determine the
winners of elections of all city elected officers?
(Failed) Yes – 9,169 No – 10,023
November 6, 2018 (Municipal Election)
Measure N: ADVISORY VOTE: BY DISTRICT COUNCIL ELECTIONS Shall the City of Santa Clara engage the voters in
a public process to draft a Charter Amendment
ballot measure to elect its Council Members, other
than the Mayor, by district?
(Passed) Yes – 21,902 No – 9,208
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc March 3, 2020 (Special Municipal Election)
Measure C: DISTRICT COUNCIL ELECTIONS:
Shall the City Charter be amended to elect City
Council Members by district, excepting the Mayor,
as follows: for the 2020 election to establish six
districts for the election of one Council Member to
represent each district; and, beginning in 2022 to
establish three districts for the election of two
Council members to represent each district; and to
require an independent redistricting committee?
(Failed) Yes – 9,731 No – 15,458
June 7, 2022 (Special Election)
Measure D: DISTRICT COUNCIL ELECTIONS:
Shall the City Charter be amended to elect city
council members by district, excepting the mayor,
to establish six districts for the election of one
council member to represent each district; and to
establish a 30-day residency requirement for all
elected officials?
(Passed) Yes – 14,172 No – 3,835
November 8, 2022 (Municipal Election)
Measure G: CITY OF SANTA CLARA NO TAX INCREASE/SERVICES PROTECTION MEASURE:
To protect essential services without raising
taxes, such as 9-1-1 response; police patrols, fire
protection; street/storm drain repair, and
maintaining reliable local utility service; shall
Section 1320 of the Charter continuing the annual
budget transfer of funds from City utilities to the
general fund at 5% of gross receipts until ended by
voters, generating approximately $30,000,000
annually, with independent audits, all funds local,
be reaffirmed/adopted?
(Passed) Yes – 24,643 No – 4,629
S\City Clerk\BALLOT MEASURES\Ballot Measures History of Charter Amendments.doc March 5, 2024 (Special Election)
Measure A: PROPOSES TO AMEND THE CITY CHARTER TO CHANGE THE
POSITIOON OF CITY CLERK FROM A POSITION ELECTED
EVERY FOUR YEARS TO A POSITION APPOINTED BY THE
CITY MANAGER, SIMILAR TO OTHER CITY DEPARTMENT
HEADS
Shall an amendment to the City Charter providing
that the City Clerk position be appointed by the
City Manager be adopted?
(Failed) Yes – 6,580 No – 13,735
March 5, 2024 (Special Election)
Measure B: PROPOSES TO AMEND THE CITY CHARTER TO CHANGE THE
POSITIOON OF CHIEF OF POLICE FROM A POSITION
ELECTED EVERY FOUR YEARS TO A POSITION APPOINTED
BY THE CITY MANAGER, SIMILAR TO OTHER CITY
DEPARTMENT HEADS
Shall an amendment to the City Charter providing
that the Chief of Police position be appointed by
the City Manager be adopted?
(Failed) Yes – 5,680 No – 14,887
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-641 Agenda Date: 7/15/2025
REPORT TO COUNCIL
SUBJECT
Recognition of Santa Clara High School Baseball Team Central Coast Section (CCS) Champs
BACKGROUND
This season, the Santa Clara High School Baseball Team won a school record 29 games with a league MVP, Jaxton Chao, for the first time since 2005, winning their league. The team also won the Central Coast Section (CCS) baseball title for the first time in Santa Clara High School’s history and finished as a runner up in the NorCal baseball tournament.
DISCUSSION
At the July 15, 2025, City Council meeting, the City Council will recognize the Santa Clara High School Baseball Team in honor of winning the CCS Title for the first time in the school’s history.
ENVIRONMENTAL REVIEW
This is an informative report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act ("CEQA") is required.
FISCAL IMPACT
There is no fiscal impact to the City other than staff time.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
Reviewed by: Aimée Escobar, Management Analyst, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-752 Agenda Date: 7/15/2025
REPORT TO COUNCIL
SUBJECT
Recognition of Outgoing Commissioners on the Bicycle and Pedestrian Advisory Committee, Cultural Commission, Historical and Landmarks Commission, Parks and Recreation Commission, Salary Setting Commission, and Senior Advisory Commission
BACKGROUND
Council Policy 003 titled “Guidelines for Recognition of Volunteers, Community Leaders and Outstanding Citizens” (Attachment 1) includes the guidelines for recognition of Commissioners who have served on a City Commission. As a practice, on an annual basis, the City has recognized outgoing Commissioners for their years of service at a City Council meeting during Special Order of Business.
DISCUSSION
At the July 15, 2025, City Council meeting, the Mayor and City Council will recognize the following former members for their years of service on the various City Commissions and Committees.
Commission Member Term Years
Bicycle and Pedestrian Advisory Committee Bruce Donoghue 2021-2025 Bicycle and Pedestrian Advisory Committee Sukrit Ganesh 2021-2025 Bicycle and Pedestrian Advisory Committee Ashish Joshi 2023-2024 Bicycle and Pedestrian Advisory Committee Perry T. Penvenne 2022-2025 Cultural Commission Swami Krishnamoorthy 2024
Cultural Commission Jonathan Marinaro 2018-2025
Historical and Landmarks Commission Amy M. Kirby 2021-2025 Parks and Recreation Commission Sajid Hai 2021-2025
Salary Setting Commission Donald Lawson 2023-2024
Senior Advisory Commission Edmund Drozek 2022-2025
Senior Advisory Commission Tom Freitas 2022-2025
Senior Advisory Commission Judy Hubbard 2018-2024
Senior Advisory Commission Veena Sterling 2022-2025
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 City of Santa Clara Page 1 of 2 Printed on 7/11/2025
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25-752 Agenda Date: 7/15/2025
governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
There is no fiscal impact other than City staff time.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
Reviewed by: Aimee Escobar, Management Analyst, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Council Policy 003 - Guidelines for Recognition of Volunteers, Community Leaders and Outstanding Citizens
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City of Santa Clara
Policy and Procedure Manual
GUIDELINES FOR RECOGNITION OF VOLUNTEERS, COMMUNITY
LEADERS, AND OUTSTANDING CITIZENS
Rev. September 2003 P&P 003 Page 1 of 2
POLICY The City Council may award certificates, tiles, plaques of appreciation, City medallions, or other items to recognize a volunteer, community leader, or outstanding citizen who has provided a significant service to the City.
PROCEDURE Awards are authorized by the City Council according to the following guidelines:
1. City Medallions shall be awarded to:
♦ Outstanding citizens at the discretion of the City Council.
2. Engraved Clocks shall be awarded to:
♦ Council Members who have served one or more terms, upon leaving office.
3. Special Engraved Plaques
♦ Council Members who have served one or more terms as Council Member, and one or more terms as Mayor, upon leaving office.
4. Appreciation Plaques “The City of Santa Clara is a great City because of the efforts of people like you” shall be awarded to:
♦ Outgoing Council Members and other elected officials. ♦ Commissioners who have served one or more terms.
♦ Youth Commissioners who have served four one-year terms. ♦ Volunteer Fire and Volunteer Police Reserves upon their retirement. ♦ Outstanding citizens who are deserving of special recognition, who have voluntarily served the City in an extraordinary capacity on a single occasion (.g., Olympic medallists) or in a special capacity over an extended period of time* (e.g., as a member of a standing committee). Awards in this category are at the discretion of the City Council and are considered individually.
5. Small Presentation Items (e.g. tiles, paperweights, etc.) shall be awarded to:
♦ Commissioners who have served less than one term, but have attended at least one year of Commission meetings
♦ Youth Commissioners who have served at least one but less than City of Santa Clara
Policy and Procedure Manual
GUIDELINES FOR RECOGNITION OF VOLUNTEERS, COMMUNITY
LEADERS, AND OUTSTANDING CITIZENS (cont.)
Rev. September 2003 P&P 003 Page 2 of 2
four one-year terms.
♦ Volunteers and community leaders who have served in a special capacity on a limited basis; for example, one who has worked on a short term committee, or who has organized a single event. Awards in this category are at the discretion of the City Council and are considered individually.
6. Framed Letters of Appreciation Signed by the entire City Council shall be awarded to:
♦ All Outgoing City Council Members.
♦ Outgoing Commissioners who have served one or more terms. ♦ Other outgoing elected officials.
7. Framed Letters of Appreciation Signed by the Mayor shall be awarded to:
♦ Commissioners who have served less than one term.
8. Framed Certificates of Appreciation signed by the Mayor shall be awarded to:
♦ Those individuals receiving small presentation items. ♦ Commissioners who have attended less than one year of Commission meetings.
♦ Participants in special municipal events, projects or programs (i.e.
Arbor Day, Public Safety Providers Week, City contests) Reference: Per Council approval September 2003
Naming of Facilities Policy, August 2003
* e.g., The Neil Henry Volunteer Recognition Award, established by City Council in July 2003.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-14 Agenda Date: 7/15/2025
REPORT TO COUNCIL
SUBJECT
Board, Commission and Committee Minutes
COUNCIL PILLAR
Enhance Community Engagement and Transparency
RECOMMENDATION
Note and file the Minutes of:
Historical and Landmarks Commission - April 3, 2025
Station Area Task Force - February 20, 2025
Station Area Task Force - April 17, 2025
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City of Santa Clara
Meeting Minutes
Historical & Landmarks Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
04/03/2025
The City of Santa Clara is conducting the Historical and Landmarks Commission meeting in a hybrid manner (in-person and methods for the public to participate remotely) • Via Zoom:
o https://santaclaraca.zoom.us/j/97233262035 or
o Phone: 1 (669) 900-6833
Webinar ID: 972 3326 2035
Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting.
Clearly indicate the project address, meeting body, and meeting date in the email.
PUBLIC PARTICIPATION IN ZOOM WEBINAR:
Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting.
- If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak.
- Mute all other audio before speaking. Using multiple devices can cause an audio feedback. - Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only. - Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute.
- If you no longer wish to stay in the meeting once your item has been heard, you may leave the meeting.
CALL TO ORDER AND ROLL CALL
Chair Leung called the meeting to order at 6:00 p.m.
City of Santa Clara Page 1 Printed on 04/17/2025
Historical & Landmarks Commission Meeting Minutes 04/03/2025 Commissioner Michael Celso , Commissioner Amy Kirby, Chair Patricia Leung, Commissioner Kathleen Romano, Commissioner Ed Stocks, and Vice Chair Ana Vargas-Smith
Present 6 -
Absent 1 - Commissioner Yvonne Inciarte
A motion was made by Commissioner Stocks, seconded by
Commissioner Celso, to excuse Commissioner Inciarte.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Absent: 1 - Commissioner Inciarte
CONSENT CALENDAR
1.A 25-393 Historical and Landmarks Commission Meeting Minutes of October 3, 2024 - Continued from February 6, 2025 and March 6, 2025 Meeting Recommendation: Approve the Historical and Landmarks Commission Meeting Minutes of the October 3, 2024 Meeting.
Commissioner Stocks and Vice Chair Vargas-Smith were not in attendance at the October 3, 2024 meeting and abstained from voting.
A motion was made by Commissioner Romano, seconded by
Commissioner Celso, to approve staff recommendation, with the correction Commissioner Celso provided on page two, to state "nominated" instead of "voted".
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, and Commissioner Romano
4 -
Excused: 1 - Commissioner Inciarte
Abstained: 2 - Commissioner Stocks, and Vice Chair Vargas-Smith
1.B 25-407 Historical and Landmarks Commission Meeting Minutes of March 6, 2025 Recommendation: Approve the Historical and Landmarks Commission Meeting Minutes of the March 6, 2025 Meeting.
A motion was made by Commissioner Romano, seconded by
Commissioner Celso, to approve staff recommendation.
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Historical & Landmarks Commission Meeting Minutes 04/03/2025
Aye: Commissioner Celso, Chair Leung, Commissioner Romano, and Vice Chair Vargas-Smith
4 -
Excused: 1 - Commissioner Inciarte
Abstained: 2 - Commissioner Kirby, and Commissioner Stocks
PUBLIC PRESENTATIONS
Public Comments: None.
GENERAL BUSINESS
2. 25-397 PUBLIC HEARING: Continuance for Recommendation on the Architectural Review of (PLN24-00460) for a Demolition of the Existing Single-Family Residence and Construction of a 2,274 Square-Foot Four-Bedroom, Three-and-half Bathroom Two-Story Residence with an Attached Two-Car Garage located at 520 Hilmar Street within 200 Feet of Historic Properties.
Recommendation: Recommend that the Historical and Landmarks Commission find that the proposed project located at 520 Hilmar Street will not destroy or have a significant adverse effect on the integrity of the HRI listed properties within 200 feet at 530-560 Hilmar Street; that the construction is compatible with the surrounding neighborhood and recommend approval of the Architectural Review at the Development Review Hearing.
Senior Planner, Steve Le provided the staff presentation.
Thanh Nguyen provided the applicant presentation.
Public Speaker:
Mark Kelsey
A motion was made by Commissioner Romano, seconded by
Commissioner Stocks, to close public hearing.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Excused: 1 - Commissioner Inciarte
City of Santa Clara Page 3 Printed on 04/17/2025
Historical & Landmarks Commission Meeting Minutes 04/03/2025 A motion was made by Commissioner Romano, seconded by
Commissioner Stocks, to deny staff recommendation for the following reasons: (1) massing is larger than the adjacent residence, and neighboring residences along Hilmar Street; (2) ground floor front setback is closer to the street than along Hilmar Street; (3) second-story front setback is closer to the street than adjacent residence, and neighboring residences along Hilmar Street; (4) orientation is not congruent with the neighboring residences along Hilmar Street; (5) missing exterior detail material for Spanish style architecture.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Excused: 1 - Commissioner Inciarte
3. 25-361 PUBLIC HEARING: Consideration of a Historical Preservation Agreement (Mills Act Contract) (File No. PLN25-00085) for 1111 Harrison Street Recommendation: Staff recommends that the Historical and Landmarks Commission determine the project to be exempt from CEQA pursuant to CEQA Section 1561(b)(3) and find that the Mills Act Application and associated 10-Year Plan for restoration and maintenance accomplish the intent of preserving and maintaining the historical significance of the property; and therefore, recommend City Council approval of a Mills Act Contract, and the adoption of a 10-Year Restoration and Maintenance Plan associated with the Historical Preservation Agreement for the property located at 1111 Harrison Street.
Associate Planner, Daniel Sobczak provided the staff presentation.
Homeowner Steven Reeber answered questions from the
Commissioners.
Public Comments: None.
A motion was made by Commissioner Stocks, seconded by
Commissioner Celso, to close public hearing.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Excused: 1 - Commissioner Inciarte
City of Santa Clara Page 4 Printed on 04/17/2025
Historical & Landmarks Commission Meeting Minutes 04/03/2025 A motion was made by Commissioner Stocks, seconded by Vice Chair Vargas-Smith, to approve staff recommendation, with conditions to install a new bronze plaque correcting the construction year to 1892, and with modifications to the 10-year plan: (1) for years 3 - 4 any repairs or replacements should be done with like materials and like styles; and (2) that wood windows are repaired with like materials.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Excused: 1 - Commissioner Inciarte
4. 25-363 PUBLIC HEARING: Recommendation on the Architectural Review (PLN25-00065) for the Demolition of an Existing Uninhabitable Commercial Structure and the Construction of a New 2,598 Square-Foot Two-Story Residence with Four Bedrooms and Three and a Half Bathrooms Located at 1175 Lafayette Street within 200 Feet of Historic Resource Inventory Properties.
Recommendation: Determine the project to be categorically exempt from the California Environmental Quality Act (CEQA) formal pursuant to CEQA Guidelines Section 15303 (Class 3 - New Construction or Conversion of Small Structures), and Approve the Architectural Review for the demolition of an existing structure and the construction of a new 2,598 square-foot four bedroom, three and one half-bathroom two-story residence with a two-car garage and a detached accessory dwelling unit (ADU) at 1175 Lafayette Street, subject to the findings and conditions of approval.
Associate Planner, Daniel Sobczak provided the staff presentation.
Peter Trinh provided the applicant presentation.
Public Comments: None.
A motion was made by Vice Chair Vargas-Smith, seconded by Commissioner Celso, to close public hearing.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Excused: 1 - Commissioner Inciarte
City of Santa Clara Page 5 Printed on 04/17/2025
Historical & Landmarks Commission Meeting Minutes 04/03/2025 A motion was made by Commissioner Stocks, seconded by Vice Chair Vargas-Smith, to approve staff recommendation with the following additional conditions: (1) the applicant maintain the horizontal Hardie board siding as shown in the 3D renderings. The siding should differ in widths from the horizontal siding on surrounding properties; (2) the renderings should be updated to reflect the proper window sizes and reflect the site plans as reviewed and recommended for approval; (3) the window frames should be of a substantial material, not vinyl, and a dark color; (4) the garage doors should have a differing style than reflected on the renderings, using carriage doors, or something similar to reflect the historic neighborhood; (5) the applicant, prior to demolition, should document the building to be removed with extensive interior and exterior photos, an expanded history of the structure including the owners and occupants, and the measurements of the original building.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Excused: 1 - Commissioner Inciarte
STAFF REPORT
1. Training and Travel Request
No updates on this item.
2. Budget Update
No updates on this item.
COMMISSIONERS REPORT
Subcommittee Reporting - 20 Minutes
Commissioners discussed the banners for Historic Preservation Month in May.
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Historical & Landmarks Commission Meeting Minutes 04/03/2025 Board/Committee Lead/Alternate
Santa Clara Arts and Historic Consortium Vargas-Smith / Romano Historic Preservation Society of Santa Clara Vargas-Smith / Leung Old Quad Residents Association Leung
Development Review Hearing Romano /Vargas-Smith
BART/ High Speed Rail/ VTA BRT Committee Vargas-Smith/ Leung El Camino Real Specific Plan Community Advisory Committee Leung Downtown Precise Plan Vargas-Smith/Stocks
Santa Clara Station Area Task Force Leung/Stocks
Commissioners provided updates on various items, meetings, and groups that they are assigned to.
ADJOURNMENT
A motion was made by Commissioner Romano, seconded by
Commissioner Stocks, to adjourn the meeting at 8:49 p.m.
Aye: Commissioner Celso, Commissioner Kirby, Chair Leung, Commissioner Romano, Commissioner Stocks, and Vice Chair Vargas-Smith
6 -
Excused: 1 - Commissioner Inciarte
The next regular scheduled meeting is on Thursday, May 1, 2025 at 6 p.m.
MEETING DISCLOSURES
City of Santa Clara Page 7 Printed on 04/17/2025
Historical & Landmarks Commission Meeting Minutes 04/03/2025 The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara Page 8 Printed on 04/17/2025
City of Santa Clara
Meeting Minutes
Station Area Task Force
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
02/20/2025
The City of Santa Clara is conducting the Station Area Task Force in a hybrid manner, in-person and a method for the public to participate remotely:
Via Zoom:
https://santaclaraca.zoom.us/j/86001666538
Meeting ID: 860 0166 6538
or
By Phone: 1(669) 900-6833
CALL TO ORDER AND ROLL CALL
SATF Chair Leung called the meeting to order at 6:02 p.m.
SATF Member Marinaro arrived late at 6:33 p.m.
Member Jonathon Evans, Member Dan Ondrasek, Chair Patricia Leung, Member Rob Mayer, Member Sean Collins, Member Jill Hough, Member Dylan Plane, Member Michael Stockwell, Member Ray Hashimoto, Vice Chair Sukrit Ganesh, and Member Jonathan Marinaro
Present 11 -
CONSENT CALENDAR
1. 25-247 Station Area Task Force Meeting Minutes of November 21, 2024 Recommendation: Approve the Station Area Task Force Meeting Minutes of the November 21, 2024 Meeting
A motion was made by SATF Member Evans, seconded by SATF Member Collins, to approve the consent calendar.
Aye: Member Evans, Member Ondrasek, Chair Leung, Member Mayer, Member Collins, Member Hough, Member Plane, Member Stockwell, Member Hashimoto, and Vice Chair Ganesh
10 -
Absent: 1 - Member Marinaro
City of Santa Clara Page 1 Printed on 03/25/2025
Station Area Task Force Meeting Minutes 02/20/2025
PUBLIC PRESENTATIONS
None.
GENERAL BUSINESS
2. 25-222 Santa Clara Station Area Task Force Review of the Draft Plan Alternatives Recommendation: There is no staff recommendation.
WRT Consultants provided a presentation on the three draft plan alternatives. The Task Force members then broke into three groups to discuss each alternative. Following the discussions each group reported out to the larger group.
STAFF REPORT
1. Status of the Project Schedule
STAFF MEMBERS REPORT
SATF Member Evans provided a report on the Community Working Group (CWG) meeting. SATF Member Collins provided a report on the Community Working Group (CWG) cost savings. SATF Chair Leung reported on the Caltrain Working Group.
ADJOURNMENT
A motion was made by SATF Member Ganesh, seconded by SATF Member Marinaro, to adjourn the meeting at 8:21 p.m.
The next regular scheduled meeting is March 20, 2025.
Aye: Member Evans, Member Ondrasek, Chair Leung, Member Mayer, Member Collins, Member Hough, Member Plane, Member Stockwell, Member Hashimoto, Vice Chair Ganesh, and Member Marinaro 11 -
MEETING DISCLOSURES
City of Santa Clara Page 2 Printed on 03/25/2025
Station Area Task Force Meeting Minutes 02/20/2025
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara Page 3 Printed on 03/25/2025
City of Santa Clara
Meeting Minutes
Station Area Task Force
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
04/17/2025
The City of Santa Clara is conducting the Station Area Task Force in a hybrid manner, in-person and a method for the public to participate remotely:
Via Zoom:
https://santaclaraca.zoom.us/j/86001666538
Meeting ID: 860 0166 6538
or
By Phone: 1(669) 900-6833
CALL TO ORDER AND ROLL CALL
SATF Chair Leung called the meeting to order at 6:00 p.m.
Member Jonathon Evans, Member Dan Ondrasek, Chair Patricia Leung, Member Sean Collins, Member Jill Hough, Member Dylan Plane, Vice Chair Sukrit Ganesh, and Member Jonathan Marinaro Present 8 -
Member Rob Mayer, Member Michael Stockwell, and Member Ray Hashimoto
Absent 3 -
A motion was made by SATF Member Marinaro, seconded by SATF Chair Leung, to excuse SATF Member Mayer, SATF Member
Stockwell, and SATF Member Hashimoto.
Aye: Member Evans, Member Ondrasek, Chair Leung, Member Collins, Member Hough, Member Plane, Vice Chair Ganesh, and Member Marinaro
8 -
Excused: 3 - Member Mayer, Member Stockwell, and Member Hashimoto
CONSENT CALENDAR
City of Santa Clara Page 1 Printed on 06/10/2025
Station Area Task Force Meeting Minutes 04/17/2025
1. 25-398 Station Area Task Force Meeting Minutes of February 20, 2025 Recommendation: Approve the Station Area Task Force Meeting Minutes of the February 20, 2025 Meeting
A motion was made by SATF Member Ganesh, seconded by SATF Member Marinaro, to approve the Consent Calendar.
Aye: Member Evans, Member Ondrasek, Chair Leung, Member Collins, Member Hough, Member Plane, Vice Chair Ganesh, and Member Marinaro
8 -
Excused: 3 - Member Mayer, Member Stockwell, and Member Hashimoto
GENERAL BUSINESS
2. 25-459 Santa Clara Station Area Task Force Review of the Draft Plan Alternatives Refinement
Recommendation: There is no staff recommendation.
WRT Consultants James Stickley, and Deeksha Rawat provided a presentation.
Public Speakers:
James Viso
Betsy Megas
PUBLIC PRESENTATIONS
None.
STAFF REPORT
3. Status of the Project Schedule
Principal Planner, Rebecca Bustos provided the staff presentation.
ADJOURNMENT
A motion was made by SATF Member Marinaro, seconded by SATF Member Ganesh, to adjourn the meeting at 8:25 p.m.
Aye: Member Evans, Member Ondrasek, Chair Leung, Member Collins, Member Hough, Member Plane, Vice Chair Ganesh, and Member Marinaro
8 -
City of Santa Clara Page 2 Printed on 06/10/2025
Station Area Task Force Meeting Minutes 04/17/2025
Excused: 3 - Member Mayer, Member Stockwell, and Member Hashimoto The SATF meeting scheduled for Thursday, May 15, 2025 has been canceled. The next regular scheduled meeting is on Thursday, June 19, 2025.
MEETING DISCLOSURES
City of Santa Clara Page 3 Printed on 06/10/2025
Station Area Task Force Meeting Minutes 04/17/2025
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.
Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.
City of Santa Clara Page 4 Printed on 06/10/2025
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-84 Agenda Date: 7/15/2025
REPORT TO COUNCIL
SUBJECT
Action on Delegation of Authority to the City Manager to Negotiate and Execute Amendment No. 7 to the Agreement with Applied Power Technologies, Inc. for Electrical Power Monitoring Systems Support and Maintenance Services
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), uses an Electrical Power Metering System (EPMS) to monitor and analyze power quality. The EPMS collects energy usage and disturbance data using distributed power-quality meters, which are installed throughout SVP’s substations. This data is logged in an on-site database and used to generate reports, display realtime single-line human-machine interface views, and trigger alarms for critical power events. The EPMS sends customized notifications to SVP’s teams including engineering, operations, and SVP key customer representatives. The notifications provide details about the magnitude, duration, and location of disturbances enabling a prompt response, root-cause analysis, and timely customer notification. EMPS also plays a key role in identifying events that originate from PG&E’s system but affect SVP’s service territory.
The EPMS system was originally installed over 20 years ago by Applied Power Technologies, Inc. (Applied Power) and has since undergone regular upgrades to stay aligned with current utility standards and SVP operational needs. During that time, Applied Power provided support under various arrangements prior to the current agreement. The EPMS software and database are securely hosted on-site, while power-quality meters are distributed across multiple substations, including six recently commissioned substations. The EPMS will also be installed in other substations which have yet to be commissioned. Integrating meters from these new sites into the existing EPMS will require additional programming, configuration, and licensing work.
The current agreement with Applied Power was executed on June 28, 2018. Since then, six amendments have been executed under the City Manager’s authority of $250,000. These amendments addressed annual maintenance and upgrades, and they also extended the agreement’s term, increased the maximum compensation, and updated the rates.
DISCUSSION
To address the ongoing integration of new substations and maintain reliable monitoring of SVP’s electrical network, staff recommend that the City Council authorize the City Manager to negotiate and execute Amendment No. 7 to the agreement with Applied Power to increase the maximum compensation by $750,000, for a revised total maximum compensation of $1,000,000, and to extend the term through December 31, 2031. While the current agreement and previous amendments were City of Santa Clara Page 1 of 3 Printed on 7/11/2025
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25-84 Agenda Date: 7/15/2025
within the City Manager’s authority, the proposed increase exceeds the City Manager’s authority and therefore requires City Council approval.
The estimated costs associated with the amended agreement are outlined in Table 1 below.
Table 1 - Compensation Summary
Cost Element Estimated Amount
Approved Agreement:
System Maintenance (2018 - 2023, ~$35,000 per year) and support services through June 30, 2025
$250,000
Future System Maintenance and Service Needs:
Ongoing Monitoring Support and Maintenance Services (2025 -2031, ~$50,000 per year)
$300,000
Integration of New Substations and Meters (~$15,000 per substation)
$150,000
Purchase of 250 Additional Licenses (~$10,000 for 25
licenses)
$100,000
Additional Support Services for Upgrades, Customizations, and Training
$200,000
Subtotal (Proposed Increase) $750,000
Maximum Total Compensation $1,000,000
Specific tasks under the amended agreement, including annual system support and maintenance, will be authorized through a work authorization process outlined in the agreement.
Approval of these recommendations will enable SVP to integrate new substations and maintain the reliability of its critical power monitoring infrastructure.
ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulation in that it can be seen with certainty that there is no possibility that the proposed actions may have a significant effect on the environment.
FISCAL IMPACT
Sufficient funds are available in the FY2025/26 Adopted Operating Budget in the Electric Utility Operating Fund. Funding for future years will be requested through the normal budget process.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website City of Santa Clara Page 2 of 3 Printed on 7/11/2025
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25-84 Agenda Date: 7/15/2025
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 to: [email protected] <mailto:[email protected]> or at public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager or designee to negotiate and execute Amendment No. 7 to the Agreement with Applied Power Technologies, Inc. (Agreement) for Electrical Power Monitoring Systems Support and Maintenance Services to increase the maximum compensation to $1,000,000 and extend the term through December 31, 2031, subject to the appropriation of funds and approval as to form by the City Attorney; and
2. Authorize the City Manager to take any actions necessary to implement and administer the Agreement, and negotiate and execute amendment(s) to (a) add or delete services associated with the services; (b) adjust future rates based on market conditions, and (c) make de minimis changes, subject to appropriation of funds, and the review and approval as to form by the City Attorney.
Reviewed by: Nico Procos, Director of Silicon Valley Power Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Agreement with Applied Power Technologies, Inc.
2. Amendment No. 1 to the Agreement with Applied Power Technologies, Inc.
3. Amendment No. 2 to the Agreement with Applied Power Technologies, Inc.
4. Amendment No. 3 to the Agreement with Applied Power Technologies, Inc.
5. Amendment No. 4 to the Agreement with Applied Power Technologies, Inc.
6. Amendment No. 5 to the Agreement with Applied Power Technologies, Inc.
7. Amendment No. 6 to the Agreement with Applied Power Technologies, Inc.
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AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
APPLIED POWER TECHNOLOGIES, INC.
PREAMBLE
This agreement for the performance of services (“Agreement”) is by and between Applied Power Technologies, Inc., a California corporation, with its principal place of business located at 1590 The Alameda, Suite 110, San Jose, CA 95126 (“Contractor”), and the City of Santa Clara, California, a chartered California municipal corporation with its primary business address at 1500 Warburton Avenue, Santa Clara, California 95050 (“City”). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
A. City desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT PROVISIONS
1. SERVICES TO BE PROVIDED.
City employs Contractor to perform the services (“Services”) more fully described in Exhibit A entitled, “SCOPE OF SERVICES.” All of the exhibits referenced in this Agreement are attached and incorporated by this reference. Except as otherwise specified in this Agreement, Contractor shall furnish all necessary technical and professional services, including labor, material, equipment, transportation, supervision and expertise to satisfactorily complete the work required by City at his/her own risk and expense.
2. TERM OF AGREEMENT.
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on April 30, 2020. .Agreement for the Ped'omianco of Services/Applied Pow~ Technologies. Inc.
Rev. 06/22117
Bblx Jnsuran.ce No. S200000207
Pago 1 of9
3. QUALIFICATIONS OF CONTRACTOR - STANDARD OF WORKMANSHIP.
Contractor represents and maintains that it has the necessary expertise in the professional calling necessary to perform services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor’s representations regarding its skills and knowledge. Contractor shall perform such services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
The plans, designs, specifications, estimates, calculations, reports and other documents furnished under Exhibit A shall be of a quality acceptable to City. The criteria for acceptance of the work provided under this Agreement shall be a product of neat appearance, well organized, that is technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by City for similar projects. 4 MONITORING OF SERVICES.
City may monitor the Services performed under this Agreement to determine whether Contractor’s operation conforms to City policy and to the terms of this Agreement. City may also monitor the Services to be performed to determine whether financial operations are conducted in accord with applicable City, county, state, and federal requirements. If any action of Contractor constitutes a breach, City may terminate this Agreement pursuant to the provisions described herein.
5. WARRANTY.
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect, and shall conform to the specifications, requirements, and instructions upon which this Agreement is based.
Contractor agrees to promptly replace or correct any incomplete, inaccurate, of defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
6. PERFORMANCE OF SERVICES.
Contractor shall perform all requested services in an efficient and expeditious manner and shall work closely with and be guided by City, Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it, Contractor will perform all Services in a safe manner and in accordance with all federal, state and local operation and safety regulations.
7. BUSINESS TAX LICENSE REQUIRED.
Contractor must comply with Santa Clara City Code section 3.40.060, as that section may be amended from time to time or renumbered, which requires that any person who Agreoment for tho :Perfoonance of Services/Applied PowerTeohnologie9t Inc.
Rev. 06122/11
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transacts or carries on any business in the City of Santa Clara pay business license tax to the City. A business tax certificate may be obtained by completing the Business Tax Affidavit Form and paying the applicable fee at the Santa Clara City Hall Municipal Services Division.
8. RESPONSIBILITY OF CONTRACTOR.
Contractor shall be responsible for the professional quality, technical accuracy and coordination of the Services furnished by it under this Agreement Neither City’s review, acceptance, nor payments for any of the Services required under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor negligent performance of any of the Services furnished under this Agreement.
Any acceptance by City of plans, specifications, construction contract documents, reports, diagrams, maps and other material prepared by Contractor shall not in any respect absolve Contractor from the responsibility Contractor has in accordance with customary standards of good professional practice in compliance with applicable federal, state, county, and/or municipal laws, ordinances, regulations, rules and orders.
9. COMPENSATION AND PAYMENT.
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and services rendered by Contractor at the rate per hour for labor and cost per unit for materials as outlined in Exhibit B, entitled “SCHEDULE OF FEES.”
Contractor will bill City on a monthly basis for Services provided by Contractor during the preceding month, subject to verification by City. City will pay Contractor within thirty (30) days of City’s receipt of invoice.
10. TERMINATION OF AGREEMENT.
Either Party may terminate this Agreement without cause by giving the other Party written notice (“Notice of Termination”) which clearly expresses that Party’s intent to terminate the Agreement Notice of Termination shall become effective no less than thirty (30) calendar days after a Party receives such notice. After either Party terminates the Agreement, Contractor shall discontinue further services as of the effective date of termination, and City shall pay Contractor for all Services satisfactorily performed up to such date.
11. NO ASSIGNMENT OR SUBCONTRACTING OF AGREEMENT.
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Agreement for the Performanoo of Sen,ioes/Applied Power Technologies, Inc. Page3 of9 Rev. 06122/17 · ·
12. NO THIRD PARTY BENEFICIARY.
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
13. INDEPENDENT CONTRACTOR.
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights, however, to manage its employees in their performance of Services under this Agreement. Contractor is not authorized to hind City to any contracts or other obligations.
14. NO PLEDGING OF CITY’S CREDIT.
Under no circumstances shall Contractor have the authority or power to pledge the credit of City or incur any obligation in the name of City. Contractor shall save and hold harmless the City, its City Council, its officers, employees, boards and commissions for expenses arising out of any unauthorised pledges of City’s credit by Contractor under this Agreement.
15. CONFIDENTIALITY OF MATERIAL.
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
16. 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.
17. OWNERSHIP OF MATERIAL.
All material, including information developed on computer(s), which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof.
City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for Agreement for the Pedomnmce of Services/Applied Power technolo9ies1 Inc.
Rev.06/22/17
:Page4of9
work other than Project, including, but not limited to, the release of this material to third parties.
18. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR.
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for three (3) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to Contractor’s Services hereunder.
19. CORRECTION OF SERVICES.
Contractor agrees to correct any incomplete, inaccurate or defective Services at no further costs to City, when such defects are due to the negligence, errors or omissions of Contractor.
20. FAIR EMPLOYMENT.
Contractor shall not discriminate against any employee or applicant for employment because of race, color, creed, national origin, gender, sexual orientation, age, disability, religion, ethnic background, or marital status, in violation of state or federal law.
21. HOLD HARMLESS/INDEMNIFICATION.
To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney’s fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from Contractor’s negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Contractor pursuant to this Agreement.
22. INSURANCE REQUIREMENTS.
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to the Performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit C.
Agreement for Ebe Performance ofService8/Applied Power Technologies. Inc.
Rev, 06/22/17
Pages of9
23. AMENDMENTS.
This Agreement may be amended only with the written consent of both Parties.
24. INTEGRATED DOCUMENT.
This Agreement represents the entire agreement between City and Contractor. No other understanding, agreements, conversations, or otherwise, with any representative of City prior to execution of this Agreement shall affect or modify any of the terms or obligations of this Agreement. Any verbal agreement shall be considered unofficial information and is not binding upon City.
25. 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.
26. 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.
27. NOTICES.
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Electric Department
1500 Warburton Avenue
Santa Clara, California 95050
or by facsimile at (408) 244-2990
And to Contractor addressed as follows:
Applied Power Technologies, Inc.
1590 The Alameda, Suite 110
San Jose, CA 95126
or by facsimile at (408) 378-0797
If notice is sent via facsimile, a signed, hard copy of the material shall also be mailed.
The workday the facsimile was sent shall control the date notice was deemed given if there is a facsimile machine generated document on the date of transmission. A facsimile transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following Monday.
Agreement fur lhe Perfonn1mce of Services/Applied Power TechnoloJies, Inc.
Rov. 06122/17
Page6 of9
28. CAPTIONS.
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation.
29. LAW GOVERNING CONTRACT AND VENUE.
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
30. DISPUTE RESOLUTION.
A. Unless otherwise mutually agreed to by the Parties, any controversies between Contractor and City regarding the construction or application of this Agreement, and claims arising out of this Agreement or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the service of that request on the other Party.
B. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demandingmediation shall request the Superior Court of Santa Clara County to appoint a mediator. The mediation meeting shall not exceed one day (eight (8) hours). The Parties may agree to extend the time allowed for mediation under this Agreement.
C. The costs of mediation shall be borne by the Parties equally.
D. For any contract dispute, mediation under this section is a condition precedent to filing an action in any court. In the event of mediation which arises out of any dispute related to this Agreement, the Parties shall each pay their respective attorney’s fees, expert witness costs and cost of suit, through mediation only.
31. COMPLIANCE WITH ETHICAL STANDARDS.
Contractor shall:
A. Read Exhibit D, entitled “ETHICAL STANDARDS FOR CONTRACTORS
SEEKING TO ENTER INTO AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA"; and,
B. Execute Exhibit E, entitled “AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS.”
32. AFFORDABLE CARE ACT OBLIGATIONS
To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will Agreement for the Performance of Servioos/Applied Power Technologies, Ino.
Rev. 06/22/17
Page7 of9
fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
33. CONFLICT OF INTERESTS.
This Agreement does not prevent either Party from entering into similar agreements with other parties. To prevent a conflict of interest, Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement Contractor is familiar with the provisions of California Government Code Section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions, Contractor will advise City if a conflict arises.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.
.Aareemimt for the Perfom:iance of Services/ Applied Power Technologies, Inc-. Page 8 of9 lt~. 06122/17 · .
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. The Effective Date is the date that the final signatory executes the Agreement. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
APPROVED AS TO FORM:
Q3/~ ·~ B~
City Attorney
ATTEST:
Dated: ~,i_y// J
Ji-.l?
~ EANNA J. SANTANA
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: · (408) 241-6771
APPLIED POWER TECHNOLOGIES, INC,
a California corporation
Date:
By:
Title:
Address:
Telephone:
Fax:
4/6/18
A~C7~/u
ANDY TAYLOR
President
1590 The Alameda, Suite 110
San Jose, CA 95126
( 408) 342-0790
(408) 378~0797
"CONTRACTOR"
Agreement for the Performance of Services/Applied Power Technologies, lnc.
Rev. 06/').2/17
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT A
SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are to provide support services for the Electrical Power Monitoring System (EPMS) attached to this Exhibit A.
Agreement with Applied Power Technologies, hio./Sc0po of Services/Exhibit A Rev. 06/22/17
Paso I of4
APT
Applied Power Technologies Inc CUSTOMER Date Quotation
$00358 Number
1590 The Alameda Suite 110
San Jose, California 95126
Phone: 408 342-0790 Fax: 408 3 78-
3/20/2018 12340
0797 www.apt4power,oom
Certified Small Business 23470
9!11167
CUSTOMER:
City of Santa Clara (SVP)
1500 Warbu1ton Ave ·
Santa Cliu-a, CA, 95050
ATTENTION: Son Le
CA Cont1·actor
SHIP TO:
City of Santa Clara (SVP)
1500 Warburton Ave
Santa Clara CA 95050
REP TERMSQUOTE EXPIRATION QUOTE.REV.
DATE NUMBER
Robett De Leon E-Mail:
[email protected]
SVP PCS contract 3 year 2018 .. 2021
L1ne Manufact. Descrlptlon # Part#-
1 Title SVP Sei'Vice Support
Net 30 4/28/2018 01
Qty Each
This quote is for APT to support the c:ustomer1s Electrical Power Monitorm.c System (EPMS), 2 ,
Quoted term is a 3 ye!'lr contract from 4/1/2018- 3/30/202.1, your oun-ent contract expires on 3/30/2018,
Service
Contraat
Monthly :BPMS, Electrival power monitol'lng system
maintemmoc service. Services include tho following: on-site visjrs: and monthly health report of EPMS With 1'econu:nendQtions 1 for con·eotive actions identified. Verify proper communication of the metering .system including switches and gateways. Asslat as needed to troubleshoot any devices that have stopped
Exhibit A
Page2
$25,095.00
Amount
$25,095.00
3 4
5 communicating. APT personnel will assist via telephone in diagnosis of any customer ptobloms or EPMS monitared events on equipment during normal business hours (Mon-Fri 8am - 5pm Pacific Time), llemot.e access to the customer's EPMS reql.'rired for pmactive m?nitoling of system.
Contract price for 2018-19
Service
Conn·act
Monthly EPMS, Electrical power monitoring system
maintenance servico, Sm-vtces include tbe following: on-site visits and monthly hea1th report ofEPMS with recommendations for corrective actions identified. Verify proper communication of the metering system in.eluding switches and gateways. Assist as needed to troubleshoot any devices that have stopped 1
comnJ\inicating. APT per-sOill\el will assist via telephone in diagnosis of any customer problell)s or :BPMS monitol'ed events on equipment du.ring nonnal business hours (Mon-Fri 8am - 5pm Pacific Time). Remote access to the customer's EPMS required for proactive monitoring of system.
Contract·pl'ice for 2019-20
Service
Contract
Monthly BPMS, Electrical power monitoring systam
maintenQnce service. Services include the following: o;nwsite visits and monthly health report ofEPMS with recommendations for corrective actions identified. Verify proper communic<1tion of the metering system including switches and gateways. Assist asneeded to troubleshoot any dovicos that have stopped 1 communicating. APT personnel will assist via telephone in diagnosis of any customer problems or EPMS monitored events on equipment during nonnal business hours (Mon-Fri 8!lm ~ 5pm Pacific Time}, Remote access to the customer's EPMS required for proactive monitoring of system.
Contract price for 2020-2021
PCS
Tenns terms as follows:
$27,604.00 $27,604.00
$30,364.00 $30,364.00
1. Proposed start date for this se1·vice would be the first day of the month following approval to proceed. '
2. Billed quarterly in four installments at the stalt of each quarter. Invoice will be sent at the begiroth1g of the :mrvico tGrm and payment is required on a net 30 biisis.
3. Service contract for existing system only no software upgrades included in the contl:act. Once SVP does the separate projectto upgrade the system from ION 6.0 SPI to a newes.t"PME system PME 8.l APT will continue to maintain the 8.2 vei·sion of the system for as long 1:1s the system is on an APT service contract,
4. Service contract docs not .lncl'udo additional scope to add new devices.. APT will asslat a minor v,orks in case of need (linking a new devices to ION or PME system, gening a right metel"s template as examples),
5. Fl"iclng reflects the system growth and APTundel'stands the number of devices on the.system · will increase during the contract period.
6. System defails at tho tim" of quote as follows:
Customer system details ~ the time of quote as follows:
OS Vel"sion Windows 2008 Server lU 64 bit
.Exhibit A
Page3
SQL Version SQL 2008 lU 64 bit
App software level JON 6.0 SPl
Device Count: Up to 46 metel's included (44 connected, 2 disabled) PQ Power Quality Devices 44 currently on the system,
Utility Tariffs count= 0
Custom Diagrams count"-' 4
Custom Reports count= 2
Automation count= 2
Subscriptions count= 0
Sales Tax (Sales TaxThank you for doing business with APT. We look Santa Clara County~ 9%) forward to working with you! Total
Exhibit A
Page4
$0.00
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT B
SCHEDULE OF FEES
In no event shall the amount billed to City by Contractor for services under this Agreement exceed eighty three thousand sixty three dollars ($83,063.00), subject to budget appropriations, See attached proposal
Agreeinent with Applied l'owef Teohnologies, Inc.Nee Schedu1e/Bxhibit B RtW, 06/ZJ./17 Page 1 ofl
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT C
INSURANCE REQUIREMENTS
INSURANCE COVERAGE 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
$1,000,000 general aggregate
$1,000,000 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 he 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.
Agreement with Applied :Power Technologies, Inc./Insunmco Requirements/Bxlnoit C Pagel of4 Rev. 06/22/17 ·
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01, with minimum policy limits 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.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with the following limits: at least one million dollars ($1,000,000) policy limit Illness/Injury by disease, and one million dollars ($1,000,000) for each Accident/Bodily Injury.
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. This 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-contributing. 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 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 nonpayment of premiums shall be effective until written notice has been given Agreement with Applied Power Tochnologies, lnc./lnsm-anee R.eql.lirem.entit C R.ev. 06/1:lJl 7
Pago2of4
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 nonrenewal. 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
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved 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 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. EVIDENCE 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 Agniement -with Applied Power Technolo;ies, Ino./Inmrance Reqwrements/ExhJ"bit C Re\', 06/22/17
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 mailed to:
EBIX Inc.
City of Santa Clara Electric Department
P.O.Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
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 be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Aaree,m.ent with Applied :Power Technologies, lncJlnsurance R.equirements/Bxlubit C Pagc4of4 •RfJV.06/')2./17 .
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT D
ETHICAL STANDARDS FOR CONTRACTORS SEEKING TO ENTER INTO
AN AGREEMENT WITH THE CITY OF SANTA CLARA, CALIFORNIA
Termination of Agreement for Certain Acts.
A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:
1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract; d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or, e. Made (or makes) any false statement(s) or representation(s) with respect to this Agreement.
1 . For purposes of this Agieement, the word. "Consult.ant" (whether a person or a legal entity) also ~:fers to . "Contractor'' and means any of tbei following: an owner or co-owner of a sole proprietorship; a. person who controls or who bas ~e power to control a bualness entity; a general partner of a partnership; a principal in a jolnt venture; or a primary corporate stockholder [lo,, a person who owns m0to than ten percent (10%). of the outstanding stock of a corporation] and who is active !n the ~ay to day operations of that corporation. 2 For pmposes of this Agrticment, the words "oonvfoted" or "oonviotion'' mean a judgment or comiction of a criminal offenso by any court of eon,.petent jurisdlotfon, whether entered upon a verdict or II plea, and includes a conviction entered upOll a plea of nolo contenderc within the past five (5) years. 3 As used herein, "di8honesly0 includes, but is not litnited to, embezzlement, theftt forgeiy, bribery, falsification or destiuetion of :records, maldng false state.menu. fallute to pay tax oblige.tiona, receiving stolen property, collusion or compinloy.
Agreement with Appliod Power Technologies, Ino./Bthical Standards for Contractors/Exhibit D Rev.06122/17 . Page 1 of2
2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual's performance of duties for or on behalf of the Contractor, with the Contractor’s knowledge, approval or acquiescence, the Contractor’s acceptance of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.
B. The City may also terminate this Agreement in the event any one or more of the following occurs:
1. The City determines that Contractor no longer has the financial capability4 or business experience5 to perform the terms of, or operate under, this Agreement; or,
2. If City determines that the Contractor fails to submit information, or submits false information, which is required to perform or be awarded a contract with City, including, but not limited to, Contractor’s failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to provide and maintain bonds and/or insurance policies required under this Agreement.
C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the City’s action to the City Council by filing a written request wife the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal.
The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.
4 Contractor becomes insol\'cnt, transfers assets in fraud of creditors. makes an assignment for the. benefit of crediton, files a petition under IID:Y sectiop or ohapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United State& or any state thereof, fa adjudged banJcrupt or insolvent in proceedings under wch laws, or a recehrer or trustee is appointed for all or substantially aU of the assets of Contractor. . · ·
5 Loss of personnel deemed essential by the Cify for the successful performance of the obligations of the Con1ractor to tbe City.
A8feement with Applied Power Technologies, lnc./.Bthical Standards for Contraotora/Bxhibit D Rev. 06122/17
Page2ofl
AGREEMENT FOR THE PERFORMANCE OF SERVICES
BY AND BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA
AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT E
AFFIDAVIT OF COMPLIANCE WITH ETHICAL STANDARDS
I hereby state that I have read and understand the language, entitled “Ethical Standards” set forth in Exhibit D. I have the authority to make these representations on my own behalf or on behalf of the legal entity identified herein. I have examined appropriate business records, and I have made appropriate inquiry of those individuals potentially included within the definition of “Contractor" contained in Ethical Standards at footnote 1.
Based on my review of the appropriate documents and my good-faith review of the necessary inquiry responses, I hereby state that neither the business entity nor any individual(s) belonging to said “Contractor" category [i.e., owner or co-owner of a sole proprietorship, general partner, person who controls or has power to control a business entity, etc.] has been convicted of any one or more of the crimes identified in the Ethical Standards within the past five (5) years.
The above assertions are true and correct and are made under penalty of perjury under the laws of the State of California.
APPLJBD POWER TBCHNOLOGIBS, INC.
a California corporation
By:
Name: ANDY TAYLOR
Title: President
NOTARY'S ACKNOWLEDGMENT TO BE ATTACHED
Pleue exewtc tho afftdavit and attach a nowy J)Ublio' s acknowledgment of execu.tion ~tho affidavit by the signatory. If the afflda~Jt k on behalf of a eoiponiim, partnemhip, or other legal cnw,, tho eatity'1 oomploto legal nametmd tha title of'tho pmon 1lpllJ8'.on behalf of tho legal ontffy shall appll!lll" above. Written evidenoe ofthe authority of the pencm executing thia affida'Yit on behalf of a 00:rpomtion, partnership, joint ventunt. or any other legal entity, o'lhorthan a s:olo proprietor&bip. dlafl be attached. .
Agrccmcnt wbb Applied Power Tecbnologiea. Inc.!AfBdavit olCompH~i'bit B Pase l of 1
11.ev. 06/22Jl1 ·
Califomla All-Purpose Certificate of Acknowledgment
A notaty puhlln or other officer oornpletlng thla- certiffcat.~ verifies only the ldeotity of the lndl1tldual who signed the document to which this certificate le attached, a11d not the truthfulness, accuraoy, or validity of that document.
State of California
County of $ O.v'\ \,:.__ CA.a..~ S,6.
before me. At\g e ..,( a_ Le.x,a ':£. E;u w,Mf (S
.) N~mlor NOl01)1' Publlo. l\1111; f
pe~onally appeared __ ...::..IJ...;..-_Y\....:c.t=---r=e_..;..r...);;...__·-.-.. ..... / _a...+y....,l,__a_v-____ ~-~~---- N"11111 of Sl1}0Gt rll N11me o1 Slgm1,r (3)
who proved to me on the basis of satlsfaotoiy evidence to be the person(s) whose name(s) ls/aro subscribed to the Within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(fes), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument.
I certify under PENAL TY OF PERJURY under the laws
of the State of Callfomla that the foregoing paragraph Is true and correct.
WITNESS my hand and official seal.
l
Seal
OPTIONAL INFORMATION -~---------
Although /he i1)formalio1} if1 lhi.s section is nDf required by liilw; it coufa prevt,nt freuduleoi removal and reattachment of lhis aoknowledgmenl to e,) unauthorized doo11men1 and may prove uaaful to persons relying on the attached document.
Description of Attached Document
The preceding Certlftciate of Aokllowledgment Is attached to a document tltled/fOr the purpose of C\+fi 4'.. u ct- of- '"o ll'A f! \ l <\.Y\.tL w M £1:::½i w\ §i:m >'\QA(ds,
containing_/__ pages, end dated 04 \ q& ! \8' __.
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~ C01porate Offlcer{&J ...... f...._t.._:es....,4~&~evi: .....tt:...._----=-'""':""'."----- Tr11.,,;;1 0 Guardfan/Conaarvelor
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0 'rnatee{sl D Ofhar: ______________ _
representing: -~---~~ ...... -:--:---~---- 1.!su~'""' l"a~-'1'1)1!~14v{i1>:l}By1ttt.~1'll Proved to me on lhe basis of sallsfoclory evidence:
~ fonn(t) of ldentlfli::attnn O credlble w!lnsaa(es)
No111rl\ll ewnl Ill detallecl In notary Journal orr.
Paga# J__ Enliy fl. _.:2._
ND!atyoontaot ________ _
Olt!9t._ ___________ ~-
0 Adcltlonal Signer □ Signer(!!) Thumbprlnle(a) o _________ , Ebix Insurance No. S200000207
AMENDMENT NO. 1 TO RENEW AND EXTEND
THE AGREEMENT FOR THE PERFORMANCE OF SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
APPLIED POWER TECHNOLOGIES, INC.
PREAMBLE
This agreement ("Amendment No. 1 ") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Applied Power Technologies, Inc. a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and Between the City of Santa Clara, California, and Applied Power Technologies, Inc., dated June 28, 2018 (Agreement); and B. The Parties entered into the Agreement for the purpose of having Contractor provide software support for the Electrical Power Monitoring System (EPMS) C. The Parties intended to enter into a three year agreement in accordance with Exhibit A and, due to a clerical error the Agreement indicated a termination date of April 30, 2020.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Reinstatement of Agreement. The termination of the Agreement is hereby revoked and, except as expressly modified by this Amendment, the Agreement is reinstated in its entirety and shall be in full force and effect as if the same had never been terminated.
2. Section 2 of the Agreement, entitled "Term of Agreement" is amended to read as follows:
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on April 30, 2021.
Amendment No. 1 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/19
3. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
C-,~
Dated: 1 I l--- 1 ){)W
Ji2j~
~,-BRIAN DOYLE
City Attorney
r DEANN~~ ANTANA
t City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
APPLIED POWER TECHNOLOGIES, INC.
a California corporation
Dated: 6/12/2020
By (Signature): //~ ~~1.-
Name: ANDREWTAYLOR
Title: President
Principal Place of 1550 The Alameda, Suite 305
Business Address: San Jose, CA 95126
Telephone: (408) 342-0790
Fax: (408)378-0797
"CONTRACTOR"
Amendment No. 1 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019
Ebix Insurance No. S200000207
AMENDMENT NO. 2
THE AGREEMENT FOR THE PERFORMANCE OF SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
APPLIED POWER TECHNOLOGIES, INC.
PREAMBLE
This agreement ("Amendment No. 2") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Applied Power Technologies, Inc. a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and Between the City of Santa Clara, California, and Applied Power Technologies, Inc., dated June 28, 2018 (Agreement) for the purpose of having Contractor provide software support for the Electrical Power Monitoring System (EPMS);
B. The Agreement was previously amended by Amendment No. 1 to Renew and Extend, dated July 2, 2020 and is again amended by this Amendment No. 2.
The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide software support for the Electrical Power Monitoring System (EPMS), and the Parties now wish to amend the Agreement as Amended to extend the term and increase maximum compensation for services provided during the extended term.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled "TERM OF AGREEMENT" is amended to read as follows: "Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on the Effective Date of this Agreement and terminate on April 30, 2022."
Amendment No. 2 to Agreement/Applied Power Technologies Rev. 10/25/19
2. Exhibit A - Scope of Services shall be deleted and replaced with the attached Exhibit A - Scope of Services - Amended April 30, 2021.
3. Exhibit B - Schedule of Fees shall be deleted and replaced with the attached Exhibit B -Compensation and Fee Schedule - Amended April 30, 2021.
4. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 2, the provisions of this Amendment No. 2 shall control.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 2 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:
BRIAN DOYLE
City Attorney
Digitally signed by Caio Arellano
Date: 2021.05.0614:44:33
-07'00'
"CITY"
City MaA· ger
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
APPLIED POWER TECHNOLOGIES, INC.
a California corporation
Dated: 4/27/2021
By (Signature): Anduuv-- ~~1.,
Name: ANDREWE. TAYLO~E.
Title: CEO
Principal Place of 1550 The Alameda, Suite 305
Business Address: San Jose, CA 95126
Email Address: [email protected]
Telephone: (408) 342-0790
"CONTRACTOR"
Amendment No. 2 to Agreement/Applied Power Technologies Rev. 10/25/19
Page2
AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANT A CLARA, CALIFORNIA AND
APPLIED POWER TECHNOLOGIES, INC.
exhibit a - scope of services
Amended april 30, 2021
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. Contractor agrees to furnish all personnel, transportation, labor, equipment, permits and licenses and any other item of expense necessary to support the City's Electrical Power Monitoring System (EPMS).
1.1. Contractor will be provided with remote access to the City's EPMS required for proactive monitoring of system.
1.2. Contractor will maintain system if City upgrades to newest version.
1.3. The City's power monitoring system currently consists of 45 licensed devices communicating with the power monitoring server. No additional devices may be added as part of this service contract. Substitution of existing devices also is not part of the service contract. Any changes to the existing system shall be defined in a separate Amendment scope of work as a project.
2. The Services to be performed for the City by the Contractor under this Agreement are to provide maintenance, repair and support, to the Integrated Object Network (ION) server in the Electric Department as listed below:
2.1. Contractor will assist as needed via telephone in diagnosis of any customer problems or EPMS monitored events on equipment during normal business hours (Mon-Fri 8am - 5pm Pacific Time),
2.2. Application support for the power monitoring software.
2.3. Assist as needed to troubleshoot any devices that have stopped communicating.
2.4. Scheduled monthly service to maintain customer's Power Monitoring Expert (PME) server and system.
2.4.1. Both on site and remote Service and support visits for EPMS with service reports that goes beyond the meter/device to the network and server.
2.4.2. Provide Application support for the power monitoring software.
Amendment No. 2 to Agreement/Applied Power Technologies Rev. 10/25/19
2.4.3. Monthly health report including recommendations for corrective actions identified.
2.4.4. Analytical reports and subscriptions inventoried and supported that go beyond the meter/device to the network and server.
2.4.5. Provide monthly health report on system
2.6 Application Service Maintenance
2.4.5.1. Verify service pack level and update if needed
2.4.5.2. 2.4.5.3.
Run Diagnostic and review for repeating service
issues
Update inventory of software and hardware
2.7 System Management Tasks
2.7.1 System Management
2.7.1.1 2.7.1.2
2.7.1.3 2.7.1.4
Ensure all diagrams are up to date
Verify logs and reports accessible from the web
Ensure all frameworks are working
Add/remove users as certified and/or requested.
2.7.2 Device Maintenance
2.7.2.1 2.7.2.2
2.7.2.3 2.7.2.4
Ensure all devices are properly configured
Review alarms and communications
Verify device data logging
Define any required firmware upgrades
2.7.3 Reports Management
2.7.3.1 2.7.3.2
2.7.3.3 Ensure all reports are saved in the proper location Test virtual share to ensure reports are accessible
Verify all automatic reports are saved correctly
2.7.4 Automation Maintenance for Modified Information Technology Industry Council.(MITIC) Notification
2.7.4.1 Assumes customer updates the existing MITIC
notification by service commencement date in 2021.
If customer chooses not to update MITIC notification,
or add requested disk space to the existing power
monitoring server, APT will be limited to providing
only a 'best available effort' to perform the following:
Amendment No. 2 to Agreement/Applied Power Technologies Rev. 10/25/19
Page4
2.7.4.2 2.7.4.3
Generate test notifications to test distribution lists
Ensure automation logs are up to date
2.8 Application Management Tasks performed by City
2.8.1 Microsoft Windows Operating System Service
2.8.1.1 Verify service pack level and update if needed
2.8.1.2 Verify Windows Services are being monitored by SVP System Support
2.8.1.3 Microsoft Updates installed by SVP System Support.
2.8.2 Microsoft SQL Database Management
2.8.2.1 2.8.2.2
Verify service pack level and update if needed
Confirm Database Manager tasks are set and
functioning
2.8.2.3 Copy the customer database to an external drive provided by SVP System Support
2.8.2.4 SQL Updates installed by SVP System Support
2.9 Hardware and software support on the server, including OS, SQL database, and Browser is provided by SVP System Support.
2.10 Verification of proper communication of the metering system including switches and gateways is provided by SVP System Support. 3 Exclusions: Services do not include:
3.1 PME annual software assurance for software updates since the power monitoring server is not being upgraded during this service period. If the server is upgraded during the service period, this service will be included.
3.2 Does NOT include additional device licenses or new functionality Amendment No. 2 to Agreement/Applied Power Technologies Rev. 10/25/19
AMENDMENT NO. 2 TO THE AGREEMENT FOR SERVICES
BETWEEN THE
Compensation:
CITY OF SANT A CLARA, CALIFORNIA AND
APPLIED POWER TECHNOLOGIES, INC.
exhibit b - compensation and fee schedule
Amended MAY 15, 2021
The maximum amount billed to City by Contractor for services under this Agreement as Amended will not exceed one hundred nineteen thousand eight hundred one dollars ($119,801).
Additional services that exceed that amount shall only be authorized by a written addendum to this agreement in advance of services being performed.
Services for the period of 5/1/2021 -4/30/2022 shall be $36,738. Services shall be invoiced monthly at $3,061.50. This rate is inclusive of all costs to be invoiced for services outlined in Exhibit A Scope of Services. Not other amounts may be invoiced without executed amendment to this Agreement.
Amendment No. 2 to Agreement/Applied Power Technologies Rev. 10/25/19
Page6
Ebix Insurance No. S200000207
AMENDMENT NO. 3
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
APPLIED POWER TECHNOLOGIES, INC.
PREAMBLE
This agreement ("Amendment No. 3") is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Applied Power Technologies, Inc. a California corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for the Performance of Services by and Between the City of Santa Clara, California and Applied Power Technologies, Inc., dated June 28, 2018, for the purpose of having Contractor provide software support for the Electrical Power Monitoring System (EPMS);
B. The Agreement was previously amended by Amendment No. 1, to Renew and Extend, dated July 2, 2020 and by Amendment No. 2 dated May 5, 2021 to extend the term and increase the maximum compensation for services provided during the extended term, and is again amended by this Amendment No. 3.
C. The Agreement and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
D. The Parties entered into the Agreement as Amended for the purpose of having Contractor provide software support for the Electrical Power Monitoring System (EPMS), and the Parties now wish to amend the Agreement as Amended to extend the term, add additional services, and increase the maximum compensation to continue software support.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled "TERM OF AGREEMENT" is amended to read as follows: "Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of the Agreement shall begin on the Effective Date of this Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/19
Agreement and terminate on October 31, 2022. The Parties agree that this Agreement did not expire on the previous expiration date of April 30, 2022, and it remains valid through the new expiration date set forth in this Amendment No. 3."
2. Section 9 of the Agreement as Amended, entitled "COMPENSATION AND PAYMENT" is amended to read as follows: "In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and services rendered by Contractor at the rate per hour for labor and cost per unit for materials as outlined in Exhibit B, entitled "SCHEDULE OF FEES AND PAYMENT PROVISIONS."
3. Exhibit A- Scope of Services -Amended April 30, 2021 shall be deleted and replaced with the attached Exhibit A - Scope of Services - Amended April 20, 2022.
4. Exhibit B - Compensation and Fee Schedule - Amended May 15, 2021 shall be deleted and replaced with the attached Exhibit B - Compensation and Fee Schedule - Amended April 20, 2022.
5. Except as set forth herein, all other terms and conditions of the Agreement as Amended shall remain in full force and effect. In case of a conflict in the terms of the Agreement as Amended and this Amendment No. 3, the provisions of this Amendment No. 3 shall control.
Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019
The Parties acknowledge and accept the terms and conditions of this Amendment No. 3 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approve~ o"?i 1 .
~ f)JA_.
Office of the City Attorney
City of Santa Clara
rz,.,.-Rajeev Batra
City Manager
"CITY"
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
APPLIED POWER TECHNOLOGIES, INC.
a California corporation
Dated: 05/02/2022
By (Signature): A~~~~ Name: ANDREW E. TAYLfCP.E.
Title: CEO
Principal Place of 5339 Prospect Road #287
Business Address: San Jose, California 95129
Email Address: [email protected]
Telephone: (408) 342-0790
"CONTRACTOR"
Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019
AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT A - SCOPE OF SERVICES
AMENDED APRIL 20, 2022
The Services to be performed for the City by the Contractor under this Agreement are set forth below.
1. Contractor agrees to furnish all personnel, transportation, labor, equipment, permits and licenses and any other item of expense necessary to support the City's Electrical Power Monitoring System (EPMS).
1.1. Contractor will be provided with remote access to the City's EPMS required for proactive monitoring of system.
1.2. Contractor will maintain system if City upgrades to newest version.
1.3. The City's power monitoring system currently consists of 45 licensed devices communicating with the power monitoring server. No additional devices may be added as part of this Agreement. Substitution of existing devices also is not part of the Agreement. Any changes to the existing system shall be defined in a separate Amendment scope of work as a project.
2. The Services to be performed for the City by the Contractor under this Agreement are to provide maintenance, repair and support, to the Integrated Object Network (ION) server in the Electric Department as listed below:
2.1. Contractor will assist as needed via telephone in diagnosis of any customer problems or EPMS monitored events on equipment during normal business hours (Mon-Fri 8am - 5pm Pacific Time),
2.2. Application support for the power monitoring software.
2.3. Assist as needed to troubleshoot any devices that have stopped communicating.
2.4. Scheduled monthly service to maintain customer's Power Monitoring Expert (PME) server and system.
2.4.1. Both on site and remote Service and support visits for EPMS with service reports that goes beyond the meter/device to the network and server.
2.4.2. Provide Application support for the power monitoring software.
2.4.3. Monthly health report including recommendations for corrective actions identified.
Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019
Page4
2.4.4. Analytical reports and subscriptions inventoried and supported that go beyond the meter/device to the network and server.
2.4.5. Provide monthly health report on system
2.5. Application Service Maintenance
2.5.1. Verify service pack level and update if needed
2.5.2. Run Diagnostic and review for repeating service issues
2.5.3. Update inventory of software and hardware
2.6. System Management Tasks
2.6.1. System Management
2.6.1.1. Ensure all diagrams are up to date
2.6.1.2. Verify logs and reports accessible from the web Ensure all frameworks are working
2.6.1.3. Add/remove users as certified and/or requested.
2.6.2. Device Maintenance
2.6.2.1. Ensure all devices are properly configured Review alarms and communications Verify device data logging
2.6.2.2. Define any required firmware upgrades
2.6.3. Reports Management
2.6.3.1. Ensure all reports are saved in the proper location
2.6.3.2. Test virtual share to ensure reports are accessible
2.6.3.3. Verify all automatic reports are saved correctly
2.6.4. Automation Maintenance for Modified Information Technology Industry Council.(MITIC) Notification
2.6.4.1. Assumes customer updates the existing MITIC notification by service commencement date in 2021. If customer
chooses not to update MITIC notification, or add requested disk space to the existing power monitoring server, APT will be limited to providing only a 'best available effort' to perform the following:
Amendment No. 3 to AgreemenUApplied Power Technologies, Inc.
Rev. 10/25/2019
2.6.4.2. Generate test notifications to test distribution lists
2.6.4.3. Ensure automation logs are up to date
3. Additional Services: Contractor shall perform the following additional services:
3.1 SVP Duane ION 7600s Harmonics Capture further described in Exhibit A-1 - Scope of Work - SVP Duane ION 7600s Harmonics Capture
3.2 SVP Duane ION 7600s Monthly Harmonics Report further described in Exhibit A-2 - Scope of Work - SVP Duane ION 7600s Monthly Harmonics Reporting Service
4. Exclusions: Services do not include
4.1. Application Management Tasks performed by City
4.1.1. Microsoft Windows Operating System Service
4.1.1.1. Verify service pack level and update if needed
4.1.1.2. Verify Windows Services are being monitored by SVP System Support
4.1.1.3. Microsoft Updates installed by SVP System Support.
4.1.2. Microsoft SQL Database Management
4.1.2.1. Verify service pack level and update if needed
4.1.2.2. Confirm Database Manager tasks are set and functioning
4.1.2.3. Copy the customer database to an external drive provided by SVP System Support
4.1.2.4. SQL Updates installed by SVP System Support
4.1.3. Hardware and software support on the server, including OS, SQL database, and Browser is provided by SVP System Support.
4.1.4. Verification of proper communication of the metering system including switches and gateways is provided by SVP System Support.
4.2. PME annual software assurance for software updates since the power monitoring server is not being upgraded during this service period. If the server is upgraded during the service period, this service will be included.
4.3. Does not include additional device licenses or new functionality.
Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019
AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT A - 1 SCOPE OF SERVICES
SVP DUANE ION 7600S HARMONICS CAPTURE
1. Background:
1.1. Silicon Valley Power's (SVP's) Duane Substation has two (2) existing ION 7600 meters connected to SVP's ION 6.0 Power Monitoring System via Ethernet. The upcoming CalTrain Electrification project will add new large traction substation single phase loads near Duane Sub and Kifer Receiving Station.
1.2. SVP is concerned that the new loads will introduce harmonics problems on the local SVP transmission system and has requested that Contractor provide services to configure a Harmonics Capture framework.
2. Proposed Solution:
2.1. Contractor will configure an ION 7600 meter with the correct Harmonics capture framework to support IEEE-519-2014 Harmonics compliance reporting.
2.2. The meter harmonic capture framework will be built and tested in Contractor's office, and then copied onto both ION 7600 meters out at Duane Substation.
2.3. Contractor will provide a submittal documenting the frameworks and logs for IEEE 519-2014 harmonic capture for SVP review and approval.
3. Meter Programming:
3.1. Contractor will configure two ION 7600 meters with IEE-519-2014 Harmonic Capture Frameworks
3.2. APT will load the Duane substation meter frameworks into both meters from the SVP power monitoring server already connected to both ION 7600 meters via Ethernet.
3.3. Once loaded, the meters will then capture Harmonic data in on board logs.
4. Assumptions:
4.1. SVP Duane Substation ION 7600 meters will support the IEEE-519-2014 frameworks.
4.2. The current SVP power monitoring system ION 6.0 will not support the IEEE519-2014 reports.
4.3. Services are labor only and no additional software licenses or hardware are included.
Amendment No. 3 to AgreemenUApplied Power Technologies, Inc.
Rev. 10/25/2019
4.4. No physical work will be performed in the Duane substation.
4.5. No reports will be configured.
4.6. SVP will coordinate supervised access to the SVP power monitoring server via the City Information Technology department in order to facilitate loading framework files in the connected meters.
Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019
AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT A - 2 SCOPE OF SERVICES
SVP DUANE SUB MONTHLY HARMONICS MANUAL REPORTING SERVICE
1. Background:
1.1. Silicon Valley Power's Duane Substation has two (2) existing ION 7600 meters connected to their ION 6.0 Power Monitoring System via Ethernet.
Upcoming CalTrain Electrification project will add new large traction substation single phase loads near Duane Sub and Kifer Receiving Station.
1.2. SVP is concerned that the new loads will introduce possible harmonic issues on the local SVP transmission system.
1.3. The current SVP power monitoring system ION 6.0 will not support the IEEE519-2014 reports. The ION 7600 meters will remain connected to the power monitoring system for Power Quality sag/swell reporting.
2. Proposed Solution:
2.1. After Contractor configures the existing ION 7600 meters at Duane Substation with an updated Harmonics capture framework to support IEEE519-2014 Harmonics compliance reporting (Exhibit A-1 ), Contractor will perform on site services once per month to download the captured harmonics data from each meter, and produce the IEEE-519-2014 Harmonics compliance report for each meter.
2.2. Contractor will gather data from the Duane ION 7600 meters by connecting to the Ethernet switch in the substation. Contractor will coordinate with SVP for escort and approval.
3. Engineering Report Creation:
3.1. APT IEEE-519-2014 Harmonic Compliance Report Creation (monthly)
3.2. Contractor will provide on-site labor support monthly using Contractor's laptop with PME 2021 to download data from two (2) ION 7600 meters and generate a IEEE-519-2014 Harmonic Compliance Report for both meters.
3.3. This service shall be provided for three months starting after the new Harmonics frameworks are loaded in the two Duane ION 7600s, which is scheduled for May 2022. Harmonics reporting based on this schedule would be in June, July, and August 2022.
4. Assumptions:
4.1. SVP Duane Substation ION 7600 meters will be configured with the IEEE519-2014 Harmonic Capture frameworks included in Exhibit A-1.
4.2. The ION 7600 meters will remain connected to the power monitoring system for Power Quality sag/swell reporting.
Amendment No. 3 to AgreemenUApplied Power Technologies, Inc.
Rev. 10/25/2019
4.3. Services are labor only and no additional software licenses or hardware are included.
4.4. On-site work will be performed in the Duane substation each month. SVP will coordinate escorted access with SVP.
4.5. No reports will be configured on the SVP power monitoring server, which does not support this report developed in 2014.
4.6. Only the two ION 7600 meters at Duane are included in this reporting service for Harmonic Compliance.
Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019
AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA AND
APPLIED POWER TECHNOLOGIES, INC.
EXHIBIT B - COMPENSATION AND FEE SCHEDULE
AMENDED APRIL 20, 2022
1. Maximum Compensation
1.1. The maximum amount billed to City by Contractor for services under this Agreement as Amended will not exceed one hundred forty-nine thousand eight hundred sixty-five dollars ($149,865).
1.2. The City may request additional services subject to an amendment to this Agreement. Such amendment may require approval by Santa Clara City Council. Contractor shall not perform services which exceed the Maximum Compensation.
2. Pricing
Contractor shall invoice City based on the following:
DESCRIPTION Monthly TOTAL
Electrical Power Monitoring System (EPMS) - $3,061.50 $ 18,369 Maintenance Services (6 months)
Duane Substation ION 7600S Harmonics Capture FIXED $ 7,495 PRICE
Duane Substation Harmonics Manual Reporting $1,600.00 $ 4,800 Service (3 months)
Discount 600.00
TOTAL $30,064
3. Invoicing and Payments:
3.1. Contractor will invoice City on a monthly basis for Services provided by Contractor during the preceding month on an invoice and in a format approved by City and subject to verification and approval by City. The Contractor will submit a sample invoice for review and approval of format, and the City shall review and approve the sample invoice for format within 5 business days after receipt.
3.2. All monthly invoices shall be submitted in a format that will permit City to verify rates are the same as those authorized in the Agreement.
3.3. If City disputes an expense in an invoice, City may deduct the disputed expense from the payment of that invoice, provided that City submits to Contractor a written explanation of why the expense is being disputed within 5 business days after receiving the invoice.
Amendment No. 3 to Agreement/Applied Power Technologies, Inc.
Rev. 10/25/2019