Agenda packet — City Council and Authorities Concurrent, September 23, 2025 (part 1 of 5)

City of Santa Clara
Joint Meeting Agenda of the
City Council and Authorities Concurrent &
Santa Clara Stadium Authority Board
Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
Tuesday, September 23, 2025 5:30 PM
The City of Santa Clara is conducting City Council meetings in a hybrid manner (in-person and continues to have methods for the public to participate remotely). • Via Zoom:
o https://santaclaraca.zoom.us/j/99706759306
Meeting ID: 997-0675-9306
o Phone 1(669) 900-6833
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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].

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Meeting Agenda September 23, 2025
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5:30 PM CLOSED SESSION
Call to Order in the Council Chambers
Confirmation of Quorum

1. Conference with Legal Counsel-Existing Litigation (CC) Pursuant to Gov. Code § 54956.9(d)(1)
Mayela Parra-Tinajero v. City of Santa Clara, et al.

Santa Clara Superior Court Case No. 25CV464695
25-1015
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)
6:00 PM STUDY SESSION
Call to Order in the Council Chambers
Closed Session - 5:30 PM | Study Session - 6:00 PM | Regular Meeting - 7:00 PM Joint Council and Authorities Concurrent &
Stadium Authority Board Meeting

2. City Council Study Session: Update on City’s Anti-Displacement Work Plan
25-461
Note and file the report on the City’s Anti-Displacement Work Plan.

Recommendation:

Confirmation of Quorum
7:00 PM JOINT CITY COUNCIL/STADIUM AUTHORITY BOARD MEETING Call to Order in the Council Chambers
Pledge of Allegiance and Statement of Values
Roll Call

REPORTS OF ACTION TAKEN IN CLOSED SESSION MATTERS

CONTINUANCES/EXCEPTIONS/RECONSIDERATIONS

SPECIAL ORDER OF BUSINESS

3.A Proclamation of September 15 - October 15, 2025 as Hispanic Heritage Month
25-923
Meeting Agenda September 23, 2025

3.B Proclamation of September 2025 as Childhood Cancer
Awareness Month
25-1033

3.C Sister City Izumo, Japan Trip Student Presentation and Acceptance of Gift from Friendship City Icheon, Republic of Korea
25-1034

3.D 25-1035 Impact of Federal Budget Cuts and the County’s Response

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 25-18 Board, Commissions and Committee Minutes
Note and file the Minutes of:

Historical and Landmarks Commission - June 5, 2025
Historical and Landmarks Commission - August 7,
2025
Planning Commission - August 13, 2025
Station Area Task Force - July 17, 2025
Recommendation:

4.B Note and File the City Auditor’s Office Report on the Audit of the City’s Building Permitting Process
25-960
Note and file the City Auditor’s Office Report on the
Audit of the City’s Building Permitting Process.

Recommendation:

4.C Action on the FY 2024/25 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as Presented by the SCTID Owner’s Association (the DMO)
25-1044
Approve the FY 2024/25 Annual Report for the Santa
Clara Tourism Improvement District (SCTID) as
presented by the SCTID Owner’s Association (the
DMO).

Recommendation:

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4.D Action on the Proposed Agreement with OUTFRONT Media LLC to Assist in the Sale of Advertising Space on City-Owned and City-Controlled Assets in Preparation for 2026 Major Events 25-1021

1. Approve and authorize the City Manager or their
designee to execute the Agreement with
OUTFRONT Media LLC to assist in the sale of
advertising space on City-owned and
City-controlled Assets in preparation for 2026
Events, with compensation based on a 50/50 split
of net revenues and other terms as presented, in a
final form approved by the City Attorney; and

2. Authorize the City Manager or their designee to
negotiate and execute amendments as needed to
(1) expand the scope of services to include
additional activation types for the 2026 Events at
no additional cost to the City, (2) extend the term
as-needed to allow the completion of services, and
(3) make de minimis changes, all subject to the
same compensation terms and review and
approval as to form by the City Attorney.

Recommendation:

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4.E Action on Proposed Agreement with WSP USA, Inc. for Operation, Maintenance, Monitoring, and Compliance Services for the Closed City All Purpose Landfill and Technical Support for the City Place Project
25-169

1. Authorize the City Manager or designee to
negotiate and execute an Agreement with WSP
USA, Inc. to provide landfill operation,
maintenance, monitoring, and compliance
services for the All Purpose Landfill and technical
services for the Related Santa Clara Development
Project, for a five-year term beginning on October
1, 2025 through September 30, 2030, with a
not-to-exceed maximum compensation of
$2,659,536, subject to the appropriation of funds
and review and approval as to form by the City
Attorney; and

2. Authorize the City Manager or designee to (a) take
any actions as necessary to implement and
administer the Agreement, and (b) negotiate and
execute amendments to the Agreement to add,
modify or delete services consistent with the
Agreement’s scope of services, provided that the
maximum compensation is not exceeded, subject
to review and approval as to form by the City
Attorney and the appropriation of funds.

Recommendation:

4.F Action to Authorize the City Manager to Execute an Agreement with Westlake Ryder Square, LLC, for the Installation and Operation of Private Recreational Amenity Improvements to Satisfy a Portion of Developer’s Parkland Obligations for the 328-unit Apartment Project Located at 3517 Ryder Street, such Improvements to be Funded at Developer’s Sole Cost
25-791
Authorize the City Manager to negotiate and execute
the Park Improvement Agreement and the Park
Maintenance Agreement with Westlake Ryder
Square, LLC for the installation of Private
Recreational Amenity Improvements at the
Developer’s Sole Cost on substantially the terms and
in the forms presented, with such minor,
non-substantive changes and amendments that may
be necessary to implement the parkland dedication
requirements for this project, in final forms approved
by the City Attorney.

Recommendation:

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4.G Action on a Grant Agreement with the California Office of Traffic Safety, Amendment No. 4 to the Agreement with Safe Moves, Inc., for the Safe Routes to School Program, and Related Budget Amendments
25-696

1. Authorize the City Manager or designee to execute
and take all necessary steps to implement the
Grant Agreement between the City of Santa Clara
and the State of California Office of Traffic Safety
in the amount of $105,000 for the Safe Routes to
School Program, subject to the review and
approval as to form by the City Attorney;

2. Authorize the City Manager or designee to
negotiate and execute Amendment No. 4 to the
Agreement with Safe Moves, Inc. to increase the
maximum compensation by $105,000 for a
revised not-to-exceed amount of $819,250 and to
revise the end date of Option 1 to July 31, 2027,
subject to appropriation of funds and review and
approval as to form by the City Attorney;

3. Authorize the City Manager or designee to make
minor modifications to both agreements, if
needed, subject to review and approval as to form
by the City Attorney; and

4. Approve the FY 2025/26 budget amendment in the
Streets and Highways Capital Fund to increase
the Other Agencies Revenue estimate by
$105,000 to recognize grant funding for the OTS
grant and establish the 2025 Santa Clara School
Pedestrian and Bicycle Safety Project in the
amount of $105,000 (five affirmative Council
votes required to appropriate additional
revenue).

Recommendation:

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4.H Action on the First Addendum to the Addendum to the Agreement Between the Santa Clara Unified School District and the City of Santa Clara Pertaining to the Operation,
Maintenance and Improvement for Public Recreational
Purposes of Buildings and Open Space Areas at School Sites Owned by Santa Clara Unified School District - Youth Activity Center, Teen Center and Skate Park
25-913
Authorize the City Manager to execute a First
Addendum to the Addendum to the Agreement
Between the Santa Clara Unified School District
(SCUSD) and the City of Santa Clara Pertaining to
the Operation, Maintenance and Improvement for
Public Recreational Purposes of Buildings and Open
Space Areas located at Cabrillo Middle School on the
terms presented and to make minor amendments as
needed, in finals forms approved by the City Attorney.

Recommendation:

4.I Action on the Water Supply Assessment Related to Preparation of a Specific Plan for the El Camino Real Focus Area
25-980
Adopt a resolution approving the El Camino Real
Specific Plan Water Supply Assessment in the form
presented.

Recommendation:

4.J Action to Update to the Downtown Community Task Force (DCTF) Roster
25-955
Take the following actions with respect to the
Downtown Community Task Force (DCTF): Appoint
Sean Collins as the SCU representative, designate
Butch Coyne as a representative of someone
employed in Santa Clara, designate Atisha Varshney
as a representative of a Santa Clara property owner,
and approve the Updated DCTF Roster with these
changes.

Recommendation:

4.K Appointment of a Santa Clara University Representative to the Santa Clara Station Area Plan Task Force (SATF)
25-959
Recommendation: Appoint Sean Collins to represent SCU on the SATF.

SANTA CLARA STADIUM AUTHORITY BOARD CONSENT CALENDAR
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5. Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of October 1 to December 31, 2024
25-66
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and
corresponding summaries for the period of October 1
to December 31, 2024.

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

6. Report on Community Engagement Major Events 2026, and Request for City Council Action on Logo and Slogan
25-1012
Recommendation: Approve the recommended Slogan and Logo.

7. Action on a Proposed League Event Agreement with the Bay Area Host Committee, Forty Niners SC Stadium Company, LLC, and Forty Niners Stadium Management Company LLC to Host Super Bowl LX at Levi’s® Stadium
25-966

1. Approve the proposed League Event Agreement
with the Bay Area Host Committee, Forty Niners
SC Stadium Company, LLC, and Forty Niners
Stadium Management Company LLC on the
terms, and substantially in the form presented, and
authorize the City Manager/Executive Director to
finalize all terms and execute the agreement in
final form approved by the City Attorney/Stadium
Authority Counsel; and

2. Authorize and direct the City Manager/Executive
Director to take such other actions as are
necessary and appropriate to implement the terms
of the League Event Agreement.

Recommendation:

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8. Public Hearing: Action on a Vesting Tentative Subdivision Map (PLN25-00225) for a One-Lot Subdivision for Condominium Purposes for 11 Townhouses Located at 1530 and 1540
Pomeroy Avenue.
25-762

1. City Council find that the proposed subdivision
falls within the scope of the adopted CEQA
Addendum prepared for the project and no further
analysis is required; and

2. Adopt a resolution approving the Vesting Tentative
Subdivision Map to merge the two parcels and
create a one-lot subdivision for condominium
purposes for 11 townhouses and common area at
1530/1540 Pomeroy Avenue, making the required
findings and subject to conditions of approval.

Recommendation:

9. Public Hearing: Action on the Initial Study and Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Rezone, and Vesting
Tentative Subdivision Map (PLN24-00267 and PLN24-00332) for the Property Located at 1400 Coleman Avenue to Allow the Development of 142 Townhouse Units and Associated On- and Off-Site Improvements
25-764

1. Adopt a resolution approving the Mitigated
Negative Declaration and the Mitigation
Monitoring or Reporting Program for the proposed
residential townhouse project at 1400 Coleman
Avenue;

2. Adopt a resolution approving the General Plan
amendment to change the land use designation
from Regional Commercial to High Density
Residential;

3. Adopt a resolution approving a rezoning of the
project site from Commercial Regional (CR) to
High Density Residential (R4) subject to conditions
of approval; and

4. Adopt a resolution approving a Vesting Tentative
Subdivision Map for condominium purposes,
making the required findings and subject to
conditions of approval.

Recommendation:

REPORTS OF MEMBERS, SPECIAL COMMITTEES AND COUNCILMEMBER 030 REQUESTS City of Santa Clara Page 9 of 11 Printed on 9/19/2025
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CITY MANAGER/EXECUTIVE DIRECTOR REPORT

ADJOURNMENT
The next scheduled special meeting is on Tuesday, September 30, 2025 in the City Hall Council Chambers.

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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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25-1015 Agenda Date: 9/23/2025

SUBJECT
Conference with Legal Counsel-Existing Litigation (CC)
Pursuant to Gov. Code § 54956.9(d)(1)
Mayela Parra-Tinajero v. City of Santa Clara, et al.

Santa Clara Superior Court Case No. 25CV464695
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25-461 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
City Council Study Session: Update on City’s Anti-Displacement Work Plan

BACKGROUND
The Housing Element, one of the required elements of the City’s General Plan, includes policies and programs intended to help the City meet the housing needs of all current and future Santa Clara residents. State law requires that local jurisdictions update their Housing Elements every eight years and that the Housing Element be reviewed by the State Department of Housing and Community Development (HCD). HCD “certifies” housing elements that it determines to be in substantial compliance with State housing law. Since the Housing Element statutes were first enacted, six such cycles of adoption and certification have been completed. The Regional Housing Needs Allocation (RHNA) for the City of Santa Clara is 11,632 units. Throughout the sixth cycle Housing Element Update process, staff conducted a robust community outreach and engagement process with all segments of the community, which helped to shape many of the actions and goals. Planning Commission input and feedback were incorporated, with a final recommendation of adoption to Council. The City Council was engaged throughout the process, provided policy direction, guidance on site selection, and ultimately their support of the Housing Element.

The City’s sixth cycle Housing Element was adopted by the City Council on May 7, 2024, and certified by HCD on May 31, 2024.

California Assembly Bill 686 (2018) added a new provision to the housing element laws mandating that sixth-cycle housing elements include programs and activities to “affirmatively further fair housing” (AFFH). Sixth cycle housing elements must include deliberate actions to combat housing discrimination, address segregation, and foster inclusive communities so people of all income levels can live in high opportunity areas near jobs, transit, parks, shopping, and other amenities. Access to opportunity isn’t just about creating new affordable homes near amenities; it is also about taking steps to prevent the displacement of existing residents and small business owners as rents and home prices escalate and as older buildings are demolished and redeveloped.

The certified Housing Element includes commitments to explore and/or adopt new anti-displacement policies within specified timeframes. HCD holds cities accountable for commitments made in the Housing Element. Each year, the City must report to HCD on its progress toward meeting its RHNA and on the status of all of the actions and objectives in the Housing Plan. If HCD determines that the City is not making sufficient progress toward achieving its Housing Element goals, the City risks losing local land use control and eligibility for housing and infrastructure grants, including the upcoming One Bay Area Grant (OBAG) funding, described in more detail below.

In general, displacement occurs when a person or business is forced to relocate for reasons beyond City of Santa Clara Page 1 of 6 Printed on 9/19/2025
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their control. Direct displacement can result from steep rent increases, harassment, unsafe living conditions, and eviction. Indirect displacement can occur when a person can no longer afford to stay in their home because of rising rents, and it can happen more slowly over time. Cultural displacement can occur when older businesses and religious and cultural institutions lose their members over time, and the neighborhood slowly reorients towards newer residents and activities.

Chapter 3 of the City’s Housing Element includes an Assessment of Fair Housing (AFH) that identified and analyzed how patterns, trends, conditions, and practices could result in displacement and fewer housing choices for lower-income residents. A key takeaway from the City’s assessment is that, while the majority of recent and planned housing development in the City has occurred on marginal commercial and industrial properties, thus avoiding the kind of direct displacement of lowerincome households that can happen through residential redevelopment, much of the City is vulnerable to indirect displacement due to high rents and rising home prices. As the City’s growth areas continue to build out, the pressure to redevelop older, lower-density “Naturally Occurring Affordable Housing” will increase. This presents Santa Clara with a critical and timely opportunity to proactively study and implement adopted and additional policies to address potential future direct displacement before it becomes widespread.

In response to these needs, the City’s Housing Plan, Chapter 2 of the Housing Element, includes goals, policies, actions, and objectives that promote and affirmatively further fair housing opportunities throughout the community for all persons. The Goals and Policies in the Housing Element that call for action on preventing displacement are:

Goal E: Affirmatively further fair housing by increasing access to opportunity, reducing displacement impacts, reducing cost burden, targeting outreach to lower income residents, and rehabilitating substandard living conditions.

Policy E-2: Work to reduce displacement of lower income residents from Santa Clara and to reduce the impact of relocation on low-income households.

Action 13: Residential Displacement…the City will evaluate potential displacement of residents, and develop and adopt measures, as appropriate, to address the risk of direct or indirect displacement of those existing residents.

There are 21 Housing Plan actions, including Action 13, that support the City’s anti-displacement objectives through measures designed to protect, preserve, and produce affordable housing.

Along with continuing or building upon existing programs, the City’s Housing Plan commits the City to evaluate several new policies that could prevent displacement in Santa Clara. These programs will be described below in the Discussion section.

Above and beyond the Housing Element, Bay Area jurisdictions must also meet specific requirements under the Metropolitan Transportation Commission’s (MTC) Transit-Oriented Communities (TOC) policies to align with regional goals for equitable and sustainable development near transit hubs, including adoption of programs that address the “3 P’s” of affordable housing - Production, Preservation, and Protection.

Compliance with TOC policies ensures eligibility for future funding under programs like the One Bay City of Santa Clara Page 2 of 6 Printed on 9/19/2025
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Area Grant (OBAG), which provides critical funding for transportation infrastructure and other planning activities in transit-rich areas. The City intends to apply for the next cycle of OBAG funds in 2026, so it is important to be in TOC compliance to maximize the City’s competitiveness for these funds.

In conclusion, the City has committed to exploring a variety of new policies to prevent displacement in Santa Clara and must follow through to ensure Housing Element and MTC TOC Policy compliance.

DISCUSSION
The objective of this study session is to:

1. Provide an overview of residential displacement, its forms, drivers, and potential impacts, and highlight existing State anti-displacement law.

2. Describe the City’s Anti-Displacement Work Plan, which includes actions that are currently underway, actions the City is already committed to doing at a future date, and new programs that will be evaluated for potential implementation.

3. Outline next steps toward the goal of returning to City Council by the end of May 2026 with findings and recommendations on specific programs and policies to further address displacement.

Residential Displacement in Santa Clara
According to survey analysis in the City’s 2025-2030 HUD Consolidated Plan, Santa Clara respondents reported that high and increasing rents were the primary reason for displacement, followed by eviction for being behind on rent.

Data gathered during the Housing Element Update process indicated that nearly 42 percent of renters in the City experienced housing cost burdens (paying 30 percent or more of gross income on housing expenses), with over half of those renters considered severely cost burdened (paying 50 percent or more of their gross income on housing). The higher the cost burden a person is experiencing, the more at risk they are of being priced out and or becoming homeless.

The Area Median Income (AMI) for Santa Clara County increased 15.8 percent from $168,500 in 2022 to $195,200 in 2025. In 2025, the moderate Income (up to 120% of AMI) for a family of four is $234,250. For reference, the average median income in the USA was $75,149 in 2024. Rising median income facilitates higher rents which contributes to displacement. In addition, affordable housing is based on median income, so as that rises, so do the rents that can be charged in affordable housing.

In 2025, to qualify as affordable to a Moderate-Income household, the maximum monthly rent for a 2- bedroom apartment in Santa Clara County is $5,271.

A new 2025 Bay Area Housing Finance Authority (BAHFA) report shows that eviction rates have been climbing in Santa Clara County post-pandemic as eviction moratoria and emergency rental assistance programs have been phased out and have recently exceeded pre-pandemic levels.

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· FY 18/19, 1 in 100 renter households (1%) faced an eviction · FY 23/24, 1 in 71 renter households (1.4%) faced an eviction Meanwhile, the gap between the number of available attorneys that provide tenant legal services (TLS) and the estimated need is also growing, with an estimated ratio of one attorney for every 480 eviction cases in Santa Clara County. Legal aid providers estimate that a manageable eviction caseload per year is 40-50 cases per attorney. Tenants without legal representation are at a disadvantage when it comes to no-cause evictions, harassment, and unsafe living conditions.

Work Plan to Reduce Residential Displacement
Input received throughout the Housing Element Update process from residents and advocacy organizations representing seniors, people with disabilities, low-wage workers, and large families, resulted in many anti-displacement related actions being identified for the City to do or evaluate. Staff created the Work Plan to Reduce Displacement (Attachment 1), and organized these actions into the following categories:

1. Actions that are already underway;

2. Actions the City has committed to doing; and

3. Actions the City has committed to evaluate
Actions in the third category are briefly described below. To the extent that these measures are already addressed by existing State law, staff will evaluate opportunities to expand upon these existing requirements.

A. Setting a rent deposit limit.
a. Note:
i. This objective was drafted and adopted prior to the approval of AB 12 (Haney), which went into effect on July 1, 2024. This legislation changed the amount that could be charged for security deposits from 2-3 months’ rent to one month’s rent.

B. Requiring no net loss of income-restricted residential units during the construction of new housing or rehabilitation of existing housing.

C. Requiring the replacement of existing affordable units at the same or lower income level as a condition of development.

D. Requiring landlords to notify tenants and the City at least one year in advance of redevelopment and/or potential conversion to market-rate housing. Provide information regarding tenant rights and conversion procedures.
a. Notes for B, C, and D:
i. SB 330, the Housing Crisis Act (HCA), passed in 2019, includes no net loss and right to return provisions that apply to housing projects that will demolish existing residential units.

1. The no net loss provision ensures that redevelopment projects do not reduce the total number of housing units, and replacement units must be of equivalent size, and, if applicable, deed-restricted for affordability.

2. The right to return provision protects tenants displaced by redevelopment City of Santa Clara Page 4 of 6 Printed on 9/19/2025
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25-461 Agenda Date: 9/23/2025
through relocation assistance, the first right of refusal to move into a comparable unit in the new development, and the unit must be offered at an affordable rent matching what they previously paid.
ii.TOC Policy compliance requires jurisdictions to comply with the HCA provisions without a sunset date. The HCA was set to expire on January 1, 2030; however, this sunset date was recently repealed with the approval of AB 130 (2025).

E. Require developers and property owners of existing rental buildings to provide relocation benefits beyond those required by the State when a residential building is redeveloped and when existing tenants are evicted for no cause or no fault. a. Notes:
i. The HCA also includes relocation assistance provisions that apply primarily to lowincome tenants who are displaced when a project demolishes existing residential units.

However, the HCA does not specify the amount of assistance that must be provided. ii.AB 1482, the Tenant Protection Act, passed in 2019, requires relocation assistance in the amount of one month’s rent for no-fault evictions.

1. A no-cause or no-fault eviction happens when a landlord ends a tenancy without the tenant having done anything wrong (e.g., no missed rent, no lease violations, no damage).

F. Policies, programs, and procedures that help minimize the risk of displacement caused by substandard conditions, including through local code enforcement activities.

G. Establishing a Community Opportunity to Purchase Act (COPA) program. a. Note:
i. A Community Opportunity to Purchase Act (COPA) ensures that community not-forprofit organizations, such as community land trusts, have the first right to purchase a residential property if it is being sold or foreclosed upon. COPA programs can help create more opportunities to preserve naturally occurring affordable housing.

The Association of Bay Area Governments (ABAG) prepared a collection of Housing Implementation Guides to support local jurisdictions, community partners, and other stakeholders in developing and refining policies that both meet TOC Policy requirements and reflect local housing needs. A link to the complete collection is included as Attachment 2. Implementation guides related to the additional antidisplacement objectives that the City committed to evaluating are included as attachments 3 through

6. Attachment 7 lists a range of anti-displacement policies/programs that jurisdictions in Santa Clara County are either proposing to continue, update, or evaluate as potential new programs.

Next Steps
· Collaboration: Continue learning from other jurisdictions' existing and proposed antidisplacement programs. · Outreach: Develop and implement an outreach plan to gather input from the community (residents and stakeholders) on the above-mentioned anti-displacement policies. · Recommendation: Return to City Council in 2026 with an evaluation and recommendations on specific new and/or modified programs and policies to address displacement. Staff may bring City of Santa Clara Page 5 of 6 Printed on 9/19/2025
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25-461 Agenda Date: 9/23/2025
forward a few recommendations in early 2026 to meet TOC compliance timelines, with additional items to follow in May 2026.

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 organization or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact associated with the preparation of this report or with the study session.

COORDINATION
This report was coordinated with the City Attorney’s Office.

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

RECOMMENDATION
Note and file the report on the City’s Anti-Displacement Work Plan.

Reviewed by: Afshan Hamid, Director, Community Development Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Work Plan to Reduce Displacement

2. ABAG Housing Implementation Guides

3. No Net Loss Guide

4. Tenant Relocation Assistance Guide

5. Code Enforcement Guide

6. Opportunity to Purchase Act Guide

7. Anti-Displacement Programs
City of Santa Clara Page 6 of 6 Printed on 9/19/2025
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City of Santa Clara’s Work Plan to Reduce Displacement
Draft for September 23, 2025 Study Session Discussion
1 The tables below categorize the work items according to anticipated implementation timelines and resource availability:

Actions that are already underway:

Work Items Status Agency/Department Resource Needs
Landlord/Tenant Mediation Ongoing Project Sentinel Existing staff Homelessness Prevention System Ongoing County/Destination Home Existing staff Tenant Based Rental Assistance (TOC) Ongoing Abode Services Existing staff NCIP Home Repair (TOC) Ongoing CDD – Housing and Community Services Existing staff New Affordable Rentals Ongoing CDD – Housing and Community Services Existing staff New Below Market Purchase (Ownership) Ongoing CDD – Housing and Community Services Existing staff Loan restructuring for longer affordability As needed CDD – Housing and Community Services Existing staff Actions the City has committed to do:

Work Items Status Agency/Department Resource Needs
Update the Affordable Housing Ordinance
(TOC)
In Progress CDD – Housing and Community Services Existing staff Update Below Market Purchase Program
for 45 -year affordability restrictions (TOC)
Not started CDD – Housing and Community Services Existing staff plus outside legal council.

Create inventory of Naturally Occurring
Affordable Housing
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Meet with owners of Naturally Occurring
Affordable Housing to understand future
plans
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Monitor Naturally Occurring Affordable
Housing most at risk of conversion by
contacting owners every 2 years
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Explore new funding sources for
preservation
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

City of Santa Clara’s Work Plan to Reduce Displacement
Draft for September 23, 2025 Study Session Discussion
2 Help fund at least 1 acquisition/rehab
project
Not started CDD – Housing and Community Services Existing staff with consultant support.

Promote incentives for landlords to accept
Section 8 vouchers
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Educate tenants about their rights under
state law
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Actions the City has committed to evaluate:

Work Items Status Agency/Department Resource Needs
Condo Conversion Policy
(TOC)
In Progress CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

No Net Loss/First Right of Return
(TOC)
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Replacement of existing
affordable units as a condition of
redevelopment
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Require 1 year notice for
redevelopment or conversion
Not started CDD – Planning New Staff Analyst II position once hired in fall 2025.

Require Relocation benefits for
no cause or no-fault evictions
(TOC)
Not started CDD – Housing and Community Services New Staff Analyst II position once hired in fall 2025.

Policies and programs that help
minimize the risk of displacement
caused by substandard
conditions including through local
code enforcement activities.

Not started CDD – Housing and Community Services May require additional staff or consultants.

Analyze the need/benefit and
resources required to implement
a Community Opportunity to
Purchase Program (gives
qualified nonprofit buyer the right
to first offer)
Not started CDD – Housing and Community Services May require additional staff or consultants.

Web Link – ABAG TOC Housing Policy Implementation Guides Association of Bay Area Governments (ABAG) Transit-Oriented Communities (TOC) Housing Policy Implementation Guides:
https://abag.ca.gov/technical-assistance/transit-oriented-communities-toc-housing-policy-implementationguides 1 Published April 7, 2025
No Net Loss and Right to Return to
Demolished Homes
No net loss and right to return policies prevent
development projects that require demolition of existing residential structures from reducing the overall housing stock and supply of affordable housing. These policies
require replacing all demolished units with units of
equivalent size and replacing demolished units meeting
certain criteria with units affordable to low-income
households. Additionally, previously displaced low-income tenants must be given relocation assistance and the right of first refusal to rent the new comparable units at the same rent as their prior unit(s).

Legal Context
What Does State Law Require?
The Housing Crisis Act of 2019, codified as California
Government Code Section 66300, prohibits a jurisdiction from approving a housing development that requires the demolition of housing units unless the new project creates at least as many units as will be demolished. Housing and non-residential developments must also replace all demolished occupied or vacant “protected units,” even if these units are unpermitted.

Generally, these must be replaced with deed-restricted
affordable housing. “Protected units” are defined as:
• Units deed-restricted for lower-income households within the past five years
• Units subject to rent control within the past five years • Units occupied by lower-income households within the
past five years or
• Units withdrawn from the rental market via Ellis Act
within the past 10 years.

The law also includes protections for existing tenants of units that will be demolished due to a housing or non-residential development:
• All existing tenants must be allowed to remain until six months before construction starts; and • Lower-income occupants (80% AMI or less adjusted for household size, as defined by HUD) are entitled to relocation benefits (paid before issuance of demolition, building, planning or other City permits for the project); and
At-A-Glance

RELEVANT STATE LAWS
Housing Crisis Act of 2019

POTENTIAL FUNDING

SOURCES
No cost. Relocation assistance
paid for by the landlord.

COST
Low

ADMINISTRATIVE BURDEN
Medium
Program design is generally
a low lift, but enforcement
is challenging and requires
significant staff time.

EXTRA CONSIDERATIONS
Challenge to enforce
Politically sensitive
WHICH P?
Protection

POTENTIAL PARTNERS
• Legal Aid Groups
• Tenant Advocacy
Organizations

OPTION FOR TOC POLICY
COMPLIANCE?
Yes!
oe ASSOCIATION OF BAY AREA GOVERNMENTS

METROPOLITAN TRANSPORTATION COMMISSION
Ill
• I
•
----
No Net Loss and Right to Return to Demolished Homes 2
• Lower-income occupants are entitled to the
option to rent or buy a comparable unit in
the new development at an affordable price.

Which Developments Does The Law
Apply To?
The Housing Crisis Act applies to housing
projects that will demolish existing residential
units. Additionally, certain requirements
apply to both housing and non-residential
development projects that would demolish
any “protected” units. Development projects
that would demolish any protected units must
provide replacement units with the same
number of bedrooms. These replacement units
must be at an affordable rent or sales price
to households of the same or lower income
category as that of the last household that
occupied the unit in the past five years. The
Housing Crisis Act of 2019 has a sunset date of
January 1, 2030.

How Can Jurisdictions Implement
Programs That Go Beyond State Law?
REMOVE THE SUNSET DATE: Jurisdictions
can provide no net loss and right of return
provisions currently outlined in the Housing
Crisis Act without the 2030 sunset date.

Jurisdictions must do this for TOC compliance
credit.

INCREASE RELOCATION ASSISTANCE: While
state law limits relocation assistance to lowerincome tenants, local policies can require relocation assistance be provided to a broader
range of displaced tenants. Additionally,
local policies can require a larger amount of
financial assistance than is required under
state law. Some relocation assistance may not
be monetary; jurisdictions can also provide
displaced tenants with a Relocation Advisor to
support them with finding interim housing or
permanently relocating, with these services
paid for by the developer.

EXPAND PROTECTIONS: Jurisdictions can
require replacement of all unpermitted units,
even if the unpermitted unit was not occupied
by a lower-income tenant (and thus not a
“protected” unit).

ADVANCED NOTICE: Jurisdictions can require
that developers provide tenants with advanced
notice of impending demolition and their right
to return.

Program Design, Implementation and Evaluation Considerations Elements of the Program
• Definitions of program eligibility. This can
include which tenants are eligible.
• Notice requirements for developers. This
can include how many months of advance
notice must be given and what information
developers must include in the notice.
• Relocation benefits. This can include
access to a relocation advisor, assistance
with moving costs and tenant relocation
payments.
• Process for monitoring and enforcing
implementation. This can include requiring
the submission of a relocation plan
and outlining penalties for developer
noncompliance.

Program Design Considerations
Jurisdictions may want to consider the
following:

RENT STABILIZATION AND DEED RESTRICTIONS:

Existing rent-stabilized units occupied by
households who are not low-income can be
replaced by either deed-restricted affordable
units or rent-stabilized units without deed
restrictions, depending on what the jurisdiction
decides is more aligned with their needs.

RENT LEVELS: Establishing more precise income
requirements for replacement affordable units
to ensure deeper levels of affordability.

No Net Loss and Right to Return to Demolished Homes 3
UNIT SIZE: Requiring replacement units be
increased in size in situations where existing
lower-income households were overcrowded.

REQUIRED NOTICE: Requiring that developers
provide tenants and the jurisdiction with
notice of proposed demolition at least 12
months in advance of the proposed vacate
date. The notice can include details on the
redevelopment and affordable replacement
units, the right to return and specific proposed
timelines. To ensure clarity and compliance,
the notice would be presented as a tenancy
termination notice and reviewed by the
jurisdiction before distribution, following
an established notification format and/or
coordinated by the city.

RELOCATION PLAN: Requiring that developers
submit a relocation plan that has been
developed in coordination with tenants and
knowledgeable community partners, prior to
project approval.

Program Implementation,
Administration and Enforcement
No net loss and right to return provisions are
generally implemented through ordinances, but
having a well developed system for education
and outreach, implementation assistance,
and monitoring/enforcement is critical.

Jurisdictions can establish a point of contact
for tenant assistance (e.g., city staff or a
relocation assistance consultant), resources for
legal services and information about relevant
community-based organizations.

In addition to noticing by landlords,
jurisdictions can work with partners to ensure
that tenants understand the law, their rights,
and the available resources. Jurisdictions can
also provide training so that planning, housing,
and building department staff understand
the law and its requirements. Additionally,
jurisdictions can put in place mechanisms for
proactive enforcement, rather than complaintbased enforcement, and ensure developers who don’t give notice, provide relocation assistance
and/or honor the tenants’ right of return face
repercussions.

TOC Policy Requirements: To be compliant
with TOC policy, jurisdictions must comply
with all the no net loss provisions in the
Housing Crisis Act with no sunset date, to
the extent permitted by state or federal
law. These provisions require replacing all
demolished units with units of equivalent
size and replacing demolished protected
units with units affordable to low-income
households.

Jurisdictions must also include all right of
return provisions in the Housing Crisis Act
with no sunset date, to the extent permitted
by state or federal law. These provisions
require providing displaced lower-income
tenants with relocation assistance and right
of first refusal to a comparable unit at an
affordable rent.

Program Evaluation
Jurisdictions can evaluate program
effectiveness and equity by analyzing data
on the number of units before and after unit
demolition, the percentage of tenants who
returned, and the affordability levels before
and after the unit demolition. Additionally,
program evaluations could include qualitative
data, such as documentation of the experience
of both tenants who were displaced and came
back and those who didn’t come back.
----
No Net Loss and Right to Return to Demolished Homes 4
Complementary Policies

DEVELOPMENT CERTAINTY AND STREAMLINED APPROVAL
PROCESS: Make it easier for developers to replace
demolished units more quickly by limiting public hearings and ensuring priority review in the entitlement process.

TENANT RELOCATION ASSISTANCE: Require developers to
provide tenants whose units will be demolished or are being removed from the rental market with meaningful relocation assistance, for example, the cash equivalent of three months’ rent, based on the median monthly asking rent for a similarsized unit.

TENANT ANTI-HARASSMENT PROTECTIONS: These
protections prohibit landlords from using threats or
intimidation to influence tenants to vacate prior to
demolition as a way to avoid providing relocation assistance and right to return.

Other Resources
EXAMPLES*
City of Mountain View -
Tenant Relocation
City of Berkeley -
Relocation Services Code

OTHER RESOURCES
HCD - Preserving Existing
Affordable Housing
City of Los Angeles -
Resident Protections
Ordinance
Metropolitan Transportation
Commission - Protection
Policy 2: No Net Loss
and Right to Return to
Demolished Homes
*Note that examples have
not been vetted for full
TOC Compliance.

Legal Context
What Does State Law Require?
Under the Tenant Protection Act of 2019 (AB 1482), codified as California Civil Code Section 1946.2, regardless of the tenants’ income, in the case of a no-fault just cause eviction, the owner must notify the tenant of the tenant’s right to relocation assistance. The amount of relocation assistance or rent waiver must be equal to one month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. This must be provided within 15 calendar days of service of the notice.

California Government Code Sections 7260-7277 specifically address relocation assistance in the context of public works projects, outlining the requirements for providing relocation assistance to individuals displaced by public projects.

They mandate that state and local agencies offer financial assistance and other support to help displaced persons find new housing, which includes covering expenses for moving the household and their personal property. The exact
relocation amount varies but is outlined in the statute.

The Housing Crisis Act of 2019, established by SB 330 (2019) and amended by SB 8 (2021), includes provisions for relocation assistance, primarily for low-income tenants who are displaced when a housing development project demolishes existing
units. The Act mandates that tenants who are displaced due to certain housing development projects, including those forced to move out due to demolition, conversion, or substantial rehabilitation, must receive relocation assistance. The Act does not specify the amount of assistance.

At-A-Glance

RELEVANT STATE LAWS
Tenant Protection Act of 2019
California Government Code §§
7260-7277
Housing Crisis Act of 2019
California Health and Safety
Code §§ 17975-17975.10

POTENTIAL FUNDING

SOURCES
Generally, financial assistance
is provided directly by
property owner. Non-financial
assistance can be funded by
the jurisdiction’s General
Fund.

COST
Low

ADMINISTRATIVE BURDEN
Medium
Staff capacity needed for
program design, monitoring
and enforcement, as well
as public and legislative
processes.

EXTRA CONSIDERATIONS
Highly effective
Easy to implement
WHICH P?
Protection

POTENTIAL PARTNERS
Tenant Advocacy Organizations

OPTION FOR TOC POLICY
COMPLIANCE?
Yes!
oe ASSOCIATION OF BAY AREA GOVERNMENTS

METROPOLITAN TRANSPORTATION COMMISSION
Ill
T
*
---------------
Tenant Relocation Assistance 2
California Health and Safety Code Sections
17975-17975.10 requires landlords or property
owners to provide relocation assistance to
tenants displaced by the demolition, conversion
or significant rehabilitation of affordable
housing. It specifies the calculation of
relocation assistance, which includes moving
expenses and temporary housing costs, which
varies depending on the tenant’s income and
household size.

How Can Jurisdictions Implement
Programs That Go Beyond State Law?
While AB 1482 requires relocation assistance
in the amount of one-month’s rent for no-fault
evictions, the actual costs of relocation are
typically much higher. Jurisdictions can require
that property owners provide higher amounts
of assistance that better reflect actual costs,
either for all affected tenants or specifically
for vulnerable populations (lower income
renters, seniors, people with disabilities, etc.)
and incorporate benchmarks for amending the
amount(s) over time based on inflation and
other impacts.

Program Design, Implementation and Evaluation Considerations Elements of the Program
• Defined eligible circumstances for relocation
assistance
• Defined eligibility for who receives assistance
(e.g., limited to lower-income tenants)
• Defined minimum amount of relocation
assistance, including any additional
payments for specific populations
• Established requirements for landlord
documentation
Program Design Considerations
Jurisdictions may want to consider the
following:

ENFORCEMENT MECHANISMS: Local
jurisdictions can implement enforcement
mechanisms for state law and, if relevant, local
policies, such as checking relocation plans or
reviewing the disbursement of relocation funds.

ELIGIBLE CIRCUMSTANCES: Jurisdictions
can require additional relocation payments
for all households subject to no-fault
evictions, or limit landlords’ obligations
to households at or below specific income
levels, including moderate- or lower-income
households. Furthermore, jurisdictions can
require relocation assistance for temporary
displacement.

RELOCATION PAYMENT AMOUNT AND TIMING:

Rental assistance amounts set by state
law are unlikely to be adequate in the Bay
Area’s extremely high-cost housing market.

Renters who are forced to move face costs for
application fees and background checks, moving
expenses and first/last month rent payments,
as well as security deposits. Rather than the
one-month rent payment required by state law
(equal to the tenant’s rent that was in effect
when the owner issued the notice to terminate
the tenancy), jurisdictions can consider
requiring three-months Fair Market Rent as
defined by HUD. For Ellis Act evictions or owner
move-in evictions, jurisdictions can consider
establishing a fixed amount for any displaced
tenant regardless of income qualification,
with annual increases to this amount tied
to inflation. State law requires landlords to
provide relocation assistance within 15 calendar
days of service of the notice; local jurisdictions
can require it be provided within a shorter
timeframe.

Tenant Relocation Assistance 3
ADDITIONAL PAYMENTS: Establishing additional
payments for low-income tenants, seniors,
people with disabilities and households with
minor children, reflecting the fact that finding
suitable replacement housing that they can
afford can be very challenging and time
consuming.

NON-FINANCIAL SERVICES: Providing services to
support tenants with relocation, such as support
in looking for and securing long-term housing.

Program Implementation,
Administration and Enforcement
Typically, rental assistance policies or programs
are established through ordinances passed by
City Council. Property owners generally provide
direct payment to the tenant, which, under state
law, must be provided within 15 days of notifying
the tenant of the need to vacate. Another option
is for relocation assistance to instead go through
the city or Rent Board, helping to ensure tenants
are paid promptly. The property owner then
reimburses this expense, paying a penalty fee
if they do not reimburse the jurisdiction within
a set period of time. This approach creates
safeguards for the tenant, ensuring they receive
relocation assistance quickly without relying
solely on the property owner to follow through.

The amount of relocation assistance must be equal
to at least three months’ fair market rent, unless
another law (e.g., local, state, federal) requires a
higher minimum amount. Jurisdictions can choose
to limit assistance to lower-income tenants (those
at 80% of AMI or less) or lower- and moderateincome tenants (those at 120% of AMI or less).

Program Evaluation
To evaluate tenant relocation assistance
programs, jurisdictions can analyze whether
the amount of assistance provided is sufficient
to cover the full cost of moving and securing
new housing; whether assistance is provided
in a timely manner to avoid prolonged
displacement or other financial hardships for
tenants; program effectiveness in helping
tenants find permanent and stable housing;
and tenants’ overall satisfaction with the
program.

TOC Policy Requirements: To comply with
TOC policy, landlords must make relocation
payments for all no-cause or no-fault
evictions. No-fault evictions can occur for
tenants covered under state law (e.g., AB
1482 and SB 330) or local ordinances. For
tenants who are not covered by just cause
eviction protections under state law or
local ordinances, no-cause evictions occur
when a landlord chooses not to renew an
annual lease or provides a notice to
terminate the tenancy that is not required
to state a reason.

Complementary Policies
LEGAL ASSISTANCE FOR TENANTS: By
providing legal assistance in addition to
relocation assistance, jurisdictions can help
provide tenants with resources related to
their legal rights and responsibilities before,
during and after the relocation process.

JUST CAUSE EVICTION PROGRAMS: While
Just Cause Eviction Programs limit the
circumstances under which a tenant can be
evicted, they don’t directly assist tenants
with the financial costs of relocation.

Relocation assistance can complement
Just Cause Eviction Programs by providing
relocation assistance for no-fault evictions.
----
Tenant Relocation Assistance 4
Other Resources
EXAMPLES*
City of Richmond - Fee Schedule
City of Mountain View - Tenant Relocation Assistance Ordinance City of Oakland - Uniform Relocation Ordinance

OTHER RESOURCES
Metropolitan Transportation Commission - Protection Policy 8: Tenant Relocation Assistance *Note that examples have not been vetted for full TOC Compliance.

This document is intended to provide general information and does not constitute legal advice.

Additional facts, facts specific to a particular situation, or future developments may affect the subjects discussed in this document. Seek the advice of your jurisdiction’s legal counsel before acting or relying upon this information. For specific questions regarding TOC compliance, please reach out to [email protected].
1 Published May 7, 2025
Preventing Displacement from
Substandard Conditions and Associated
Code Enforcement Activities
Substandard conditions and physical deterioration of
buildings are significant concerns in the region. Where rental housing stock and unsubsidized affordable housing units do not meet code standards, these conditions can
create health and safety risks for tenants and can lead to condemnation, abandonment and/or demolition of
housing units. The remediation of substandard conditions in unsubsidized affordable housing is not only necessary to preserve this housing but also represents an important anti-displacement strategy. Code enforcement programs
need to ensure habitability issues and needs for
substantial property repairs do not lead to the permanent displacement of tenants. The programs also need to
require maintaining housing stability for tenants during any temporary displacement necessary for repairs. Code
enforcement and other programs to address substandard
conditions need to be centered in an anti-displacement
framework, otherwise these activities can lead to
the immediate displacement of vulnerable tenants if
properties are deemed uninhabitable. An effective
program which prevents the loss of housing stock due to code issues provides public support to landlords and lowincome homeowners to maintain their properties.

Legal Context
What Does State Law Require?
California Health & Safety Code defines substandard
conditions, outlining what are considered inadequate
sanitation or structural hazards. When a jurisdiction receives a complaint, they are required to inspect the building, document findings, prescribe a remedy to the property owner and schedule a reinspection. Tenants cannot be required to vacate unless code compliance requires demolition or substantial repair.

At-A-Glance

RELEVANT STATE LAWS
California Health & Safety
Code Sections 17920.3, 17970 –
17972, 17980 – 17992

POTENTIAL FUNDING

SOURCES
• Community Development
Block Grant (CDBG) funds
• General Fund
• Housing Trust funds
COST
Low

ADMINISTRATIVE BURDEN
Medium
Staff capacity needed for
designing and overseeing
program and leading public
and legislative processes.

WHICH P?
Preservation

POTENTIAL PARTNERS
• Property Owner
Associations
• Community-based
organizations
• Nonprofits specializing
in home repair and
modifications

OPTION FOR TOC POLICY
COMPLIANCE?
Yes!
oe ASSOCIATION OF BAY AREA GOVERNMENTS

METROPOLITAN TRANSPORTATION COMMISSION
Ill
---------------
CODE ENFORCEMENT 2
How Can Jurisdictions Implement
Programs That Go Beyond State Law?
Jurisdictions can implement programs that
allow amnesty for property owners legalizing
unpermitted units and provide loans, grants or
fee waivers for property owners experiencing
financial hardship or located in neighborhoods
with high displacement-risk.

Program Design, Implementation and Evaluation Considerations Elements of the Program
• Outreach and education for both property
owners and tenants
• Support and resources for property owners,
such as programs that provide a pathway to
legalization for unpermitted units, amnesty
fee waivers and financial assistance for lowincome property owners • In the case of financial assistance programs,
clearly defined eligibility criteria and
minimum/maximum loan or grant amounts
• Program enforcement and monitoring
• Interdepartmental coordination
Program Design Considerations
Jurisdictions may want to consider the
following:

AMNESTY PROGRAMS: Assisting property
owners with legalizing unpermitted rental
units. Jurisdictions can waive fines, fees and
penalties in exchange for protecting tenant
housing stability. Amnesty programs can assist
low-income property owners with bringing
substandard units up to code or legalizing
unpermitted units in exchange for agreements
to continue renting to the existing tenant at an
affordable rent.

HABITABILITY PLANS: Requiring landlords
to provide habitability plans during the
code compliance process to prioritize timely
building repairs. Habitability plans serve
as commitments between landlords and
the jurisdiction to protect tenants from
displacement and preserve affordability.

They can include progress updates to
tenants, commitments to continue renting
the unit to the existing tenant and relocation
compensation.

FINANCIAL ASSISTANCE FOR LOW-INCOME
PROPERTY OWNERS: Providing assistance to
address deferred maintenance and preserve
affordable housing. This financial assistance can
include:
• Low-interest or no-interest loans, forgivable
loans or grants to low-income homeowners
• Special considerations for low-income senior
property owners, or property owners in
vulnerable neighborhoods
• Home repair funds through Community
Development Block Grants, Housing Trust
Funds or other local sources
• Loans for habitability, energy savings or cost
savings
PROGRAM ELIGIBILITY: Targeting households
at or below a specific income level. Some
jurisdictions provide special considerations
for low-income senior homeowners and/or
homeowners with disabilities.

PROPERTY OWNER EDUCATION: Providing
clear, easy-to-understand information about
property owners’ responsibilities. Partnering
with property owner associations and providing
translated materials to help ensure the
information is clear, accessible and reaches a
wide audience.

Program Implementation,
Administration and Enforcement
A well-developed system for education and
outreach, implementation assistance, and
monitoring and enforcement is critical for
protecting vulnerable residents.

CODE ENFORCEMENT 3
Partnerships with non-profit service providers
can reduce the cost and administrative
commitment required for code enforcement
programs, while simultaneously improving
program reach and accessibility. Nonprofit
organizations can also administer support
programs for property owners and may be able
to access additional grant funding.

Outreach and education efforts can be
developed and carried out with partners to
ensure that both property owners and tenants
understand the law, their rights and obligations,
and available resources. Creative outreach
strategies developed with community partners
can supplement traditional outreach channels,
such as jurisdiction websites.

Monitoring is necessary to ensure landlord
compliance with requirements for both
assistance programs and enforcement actions,
including repeated inspections.

Monitoring plans should account for ongoing
tenant support, such as options to monitor
landlord responses to a tenant’s request
for information or resources promised in a
habitability plan.

Enforcement mechanisms should be clear
and consistently applied, with penalties
should landlords fail to comply with either
requirements for assistance or repairs. This
could include fines, limits on rent increases or
payments to tenants.

Jurisdictions may want to collaborate with
neighboring jurisdictions to help standardize
code enforcement policies and practices and
share staff resources and expertise.

TOC Policy Requirements: To comply with
TOC policy, jurisdictions must adopt either
(1) an amnesty program waiving code
enforcement fines in exchange for antidisplacement commitments, or (2) a low-or no-interest loan or grant program for lowincome homeowners.

Amnesty Program:
• Establish an amnesty program to waive
fines and fees for landlords with occupied
units constructed without permits in
exchange for updates to comply with
health and safety codes.
• Require landlords to complete a tenant
habitability plan as part of the permitting
process.
• As a condition of receiving amnesty for
fines and fees, the landlord must agree
to continue renting to the existing tenant
after repairs are complete with reasonable
limits on rent increases for that tenant.

Loan or Grant Program:
• Must support lower-income homeowners
with making repairs or modifications to
their residences.
• Provide a low- or no-interest loan or grant
of at least $10,000 per recipient.
• Define eligibility for receiving a loan
or grant, eligible uses for funds and
minimum/maximum loan or grant
amounts.
• Recipients must be below 80% AMI and
live in owner-occupied homes that are the
homeowner’s primary residence, including
mobile homes where the owner rents the
lot.
----
CODE ENFORCEMENT 4
Program Evaluation
To evaluate program effectiveness, jurisdictions can analyze whether units with substandard conditions are brought to code through a timely process that reduces disruption to tenants.

Jurisdictions can assess whether reporting mechanisms are easily accessible and make them available in multiple languages.

They can also evaluate whether property owners are able to reasonably meet requirements for assistance programs, and whether financial assistance available to owners meaningfully reduces the cost burden of repairs.

Complementary Policies
TENANT RELOCATION ASSISTANCE: In the case of landlords
participating in an amnesty program, relocation assistance can provide security to tenants who may need to relocate during repairs.

LEGAL ASSISTANCE: Legal assistance programs can help
tenants understand and assert their rights, including the right to safe, habitable housing and hold landlords accountable when they do not address habitability issues.

Other Resources
EXAMPLES*
City of San José - ADU
Amnesty Program
City of Los Angeles – Tenant
Habitability Plans
City of Hayward -
Partnerships for Home
Repair
County of Alameda -
Partnership with Habitat
for Humanity for Home
Repairs

OTHER RESOURCES
Metropolitan Transportation
Commission - Preservation
Policy 8: Preventing
Displacement from
Substandard Conditions
and Associated Code
Enforcement Activities
*Note that examples have
not been vetted for full
TOC Compliance.

This document is intended to provide general information and does not constitute legal advice. Additional facts, facts specific to a particular situation, or future developments may affect the subjects discussed in this document. Seek the advice of your jurisdiction’s legal counsel before acting or relying upon this information. For specific questions regarding TOC compliance, please reach out to [email protected].
1 Published May 7, 2025
Tenant / Community Opportunity to
Purchase Act
An Opportunity to Purchase Act (OPA) gives tenants,
community organizations and/or local governments the
first right to purchase a property if it is being sold or foreclosed upon. The law does not reduce the property’s sale price but does require notification and a defined time frame for a local group to make a purchase offer. These laws are sometimes focused on ensuring opportunities for community organizations to make a purchase offer (called a Community Opportunity to Purchase Act, or COPA) and/
or focused on ensuring opportunities for the tenants
themselves to organize and make a purchase offer (a
Tenant Opportunity to Purchase Act, or TOPA).

Program Design, Implementation and
Evaluation Considerations
Elements of the Program
• Define eligible properties
• Define who is eligible to exercise Right of First Offer/ Refusal
• Define how to exercise the Right of First Offer/Refusal • Establish clear timelines and processes for notification and acquisition
• Define affordability requirements
• Outline enforcement mechanisms
Program Design Considerations
Jurisdictions may want to consider the following:

ELIGIBLE PURCHASER: Deciding if tenants, community
organizations or both are eligible to purchase a building.

ELIGIBLE PROPERTIES: Determining the sizes and types
of properties that will be subject to an OPA process based on the range of properties that comprise the local rental housing stock and are at risk of being lost. For example, some jurisdictions exempt single family homes or properties with less than 10 or 15 units as the ongoing management of smallscale projects can be inefficient or cost prohibitive.

At-A-Glance

POTENTIAL FUNDING

SOURCES
• HOME Investment
Partnerships Program
• General Fund
COST
Program design and
administration costs are
generally low, but cost can
increase considerably if the
program provides direct
funding for acquisitions.

ADMINISTRATIVE BURDEN
Medium
Staff capacity needed for
program design and leading
public and legislative
processes, as well as ongoing
monitoring and enforcement.

EXTRA CONSIDERATIONS
Politically sensitive
WHICH P?
Preservation

POTENTIAL PARTNERS
• Legal Aid Groups
• Tenant Advocacy
Organizations
• Community-Based
Organizations
• Affordable housing
developers
• Community land trusts

OPTION FOR TOC POLICY
COMPLIANCE?
Yes!
oe ASSOCIATION OF BAY AREA GOVERNMENTS

METROPOLITAN TRANSPORTATION COMMISSION
Ill
I
•
----
Tenant / Community Opportunity to Purchase Act 2

RIGHT OF FIRST OFFER AND/OR RIGHT OF
FIRST REFUSAL: Determining if the policy
includes a right of first offer (also called a right
of first purchase), a right of first refusal or
both. Organizations with a right of first offer
must be given notice of the sale opportunity
before the rest of the market. Organizations
with a right of first refusal must be given the
opportunity to match any market offer.

SECOND RIGHT OF REFUSAL: Providing tenants
who choose to forgo their TOPA rights with the
opportunity to assign their rights to a qualified
affordable housing provider, community land
trust or other nonprofit organization.

CLEAR TIMELINES AND PROCESSES FOR NOTICE
AND ACQUISITION: Determining appropriate
timelines and process requirements for
1) advance notice of sale (the notice that
landlords provide before putting the property
on the market), 2) registration of interest (the
period during which tenants or preservation
buyers state or register their interest in
purchasing the property), 3) negotiation, 4)
securing financing and 5) closing.

PRESERVING AFFORDABILITY: Ensuring that
TOPA/COPA purchasers commit to maintaining
permanent affordability and outlining the terms
of that affordability.

FUNDING: Providing local funding to support
acquisition and rehabilitation of properties to
facilitate TOPA/COPA purchases and contribute
to maintaining long-term affordability. Buyers
need access to pre-development financing,
acquisition loans, rehabilitation or construction
loans and permanent financing. Without funding
for acquisition, notifications about pending
property sales are more difficult to act on.

QUALIFIED ORGANIZATIONS: Developing
and maintaining a list of vetted, qualified
organizations who receive notifications
and are authorized to make offers. These
organizations—which can include community
land trusts, affordable housing developers and
similar groups—can also be assigned purchasing
rights by tenants under a TOPA policy. In
determining which organizations are qualified,
jurisdictions may consider organization capacity
and expertise to execute a purchase and
successfully manage a property.

CAPACITY BUILDING: Investing in technical
assistance and capacity building to help support
new organizations interested in participating in
COPA programs. This prepares them to qualify
for funding and to compete with investors
for acquisitions. It can also prepare them
to convert unsubsidized units to permanent
affordability.

NOTICE OF INTENT TO SELL: Defining a
notification process to outline when and how an
owner of a TOPA/COPA eligible rental property
intends to sell. The notice of intent to sell
starts all the timelines for TOPA/COPA. Some
jurisdictions require an owner to file a notice
with the jurisdiction, with existing tenants
and with the established list of qualified
organizations identified by the jurisdiction
SETTING TIMELINES: Determining a realistic
timeline that balances the time needed for
tenants to organize and secure financing with
the potential burden that the delayed sale puts
on property owners. The allocated time for
each step of the process can have significant
impacts on efficacy and outcomes. Advance
work with tenants to form tenant associations
and educate tenants about different ownership
models can help position them to act when
opportunities arise. Some jurisdictions establish
different timelines for projects based on size
or costs, allowing longer time periods for
potentially more complex transactions. First,
tenants and qualified purchasers have a limited
amount of time to submit a statement of
interest. Next, potential buyers have a limited
amount of time to make an offer. For most
project types, 90 to 120 days is a typical offer
period. If no response is submitted at any step
of the process, the OPA process concludes and
the seller can pursue sale on the open market.

Tenant / Community Opportunity to Purchase Act 3
PROCESS DESIGN: Designing a process that is
realistic and does not unnecessarily slow sales
transactions. While sellers should theoretically
be able to get market price for their property
sale, there are concerns about how the OPA
process could slow down the sales process and
impact the property’s value.

INCENTIVES FOR PROPERTY OWNERS:

Providing incentives for property owners to
accept an initial offer from tenants or qualified
organizations during the OPA process. For
example, some jurisdictions offer the property
owner a refund of the jurisdiction’s portion of
the Real Property Transfer Tax.

Program Implementation,
Administration and Enforcement
OPA programs are generally implemented
via local ordinance. Partnering with tenant
associations, realtor organizations and property
owner organizations to educate the community
is important, both in advance of adoption
and afterward. Once implemented, robust
education and outreach to inform realtors
and sellers of their rights and responsibilities
under the ordinance are critical to encourage
compliance and strengthen enforcement. In
the case of TOPA in particular, jurisdictions
can invest in education and awareness so that
residents of eligible properties understand their
rights, resources and opportunities to negotiate
future rental agreements or purchase of their
home.

Jurisdictions can identify an enforcement
mechanism and remedies if eligible properties
fail to comply. The jurisdiction should have
clear enforcement authority and the tenants
should have an avenue to enforce their rights.

The policy can also give tenants a legal
recourse outside of the municipality.

TOC Policy Requirements: To comply with
TOC policy, the ordinance must establish the
legal right of first refusal that gives tenants
and/or nonprofits the first right to purchase
a covered property. The ordinance must
establish timelines for notice of sale, offer
period, time to close, and time to counteroffer under TOPA/COPA. The TOPA/COPA ordinance must also define eligible and
exempt properties.

Program Evaluation
In evaluating TOPA/COPA programs, jurisdictions
can analyze how many properties were acquired
through the program and how informed tenants
and/or local community organizations are of
their rights in regards to property acquisition.

Complementary Policies

FUNDING TO PRESERVE UNSUBSIDIZED
HOUSING: OPA programs are most effective
when paired with a local funding source for
acquisition and preservation.

PUBLIC/COMMUNITY LAND TRUSTS:

Community land trust models can be
an effective model for ownership and
management of properties acquired through
an OPA process.
----
Tenant / Community Opportunity to Purchase Act 4
Other Resources
EXAMPLES*
City and County of San Francisco - Community Opportunity to Purchase Act

OTHER RESOURCES
Public Advocates - Leveraging the Housing Element to Advance Tenant & Community Opportunity to Purchase Policies
Coalition for Nonprofit Housing and Economic Development and LISC Twin Cities - Opportunity to Purchase Policy Options for the City of Minneapolis
Local Initiatives Support Corporation - Tenant & Community Opportunity to Purchase Policies PolicyLink - Tenant / Community Opportunity to Purchase Metropolitan Transportation Commission - Preservation Policy 2: Tenant/Community Opportunity to Purchase Act
*Note that examples have not been vetted for full TOC Compliance.

This document is intended to provide general information and does not constitute legal advice.

Anti-Displacement Policies / Programs in Santa Clara County Anti-Displacement Policy / Program Continue Existing Update Existing Evaluate New Fair Housing Enforcement Campbell, Cupertino, Milpitas, Gilroy, Sunnyvale, Los Gatos Santa Clara City Los Altos, Morgan Hill Landlord and Tenant Mediation
Campbell, Cupertino, Milpitas,
Gilroy, Sunnyvale, Los Gatos,
Santa Clara City
Morgan Hill Los Altos
Rental Assistance Program Milpitas, Gilroy, Sunnyvale, Santa Clara City Campbell, Cupertino, Los Gatos
No Net Loss and Right to Return Campbell, Cupertino, Gilroy Los Gatos, Santa Clara City Right to Return for Substantial Rehabs Cupertino, Gilroy, Morgan Hill Campbell, Los Gatos, Santa Clara City
Tenant Relocation Assistance Milpitas, Sunnyvale Cupertino, Morgan Hill Los Gatos, Santa Clara City Substandard Conditions/Code Enforcement Cupertino, Los Gatos Gilroy Campbell, Santa Clara City Proactive Enhanced Code Enforcement Cupertino, Gilroy Campbell, Los Altos, Santa Clara City
COPA/TOPA Campbell, Los Gatos, Santa Clara
City
Just Cause Cupertino, Sunnyvale Morgan Hill Los Altos
Anti-Displacement Tenant Preference Milpitas, Gilroy, Los Gatos Campbell, Cupertino, Morgan Hill Rent Stabilization Los Gatos Morgan Hill Campbell, Cupertino, Los Altos Rental Registry Los Gatos, Morgan Hill
Mobile Home Rent Stabilization Milpitas, Gilroy, Sunnyvale, Los Gatos Morgan Hill Campbell
Fee Regulation Cupertino, Monte Sereno
Foreclosure Assistance Campbell, Sunnyvale Cupertino, Los Gatos Eviction Diversion Cupertino, Milpitas Los Gatos, Morgan Hill Tenant Commission Campbell
Tenant Bill of Rights Sunnyvale, Los Gatos Cupertino, Morgan Hill Campbell, Los Altos Tenant Legal Assistance Campbell, Milpitas, Gilroy,
Sunnyvale, Los Gatos Cupertino Los Altos, Morgan Hill
Tenant Anti-Harassment/Retaliation Los Gatos Cupertino, Milpitas, Morgan Hill Los Altos Note: Information based on responses provided by Santa Clara County Jurisdictions surveyed in fall 2024.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-923 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Proclamation of September 15 - October 15, 2025 as Hispanic Heritage Month

BACKGROUND
President Lyndon B. Johnson signed a proclamation to establish Hispanic Heritage Week in 1968.

The 1968 proclamation designated Hispanic Heritage Week as the week including September 15 and 16 in recognition of the fact that five Central American countries - Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua - celebrate their respective Independence Days on September 15, and Mexico and Chile celebrate their independence days on September 16 and September 18.

In 1988, Congress passed legislation to amend the original resolution and establish an entire month in honor of Hispanic heritage, leaders, and culture. President George H.W. Bush issued a presidential proclamation the following year to establish National Hispanic Heritage Month to honor, celebrate, and thank Hispanic Americans for their many contributions to the country and culture of the United States.

In the City of Santa Clara, almost 16 percent of residents are Hispanic or Latinx, and in Santa Clara County, approximately 30 percent of residents are Hispanic or Latinx. By 2060, a projected almost one million residents throughout the County will be Hispanic or Latinx.

The official theme for Hispanic Heritage Month in 2025 is "Collective Heritage: Honoring the Past, Inspiring the Future," a theme chosen by the National Council of Hispanic Employment Program Managers (NCHEPM) to recognize the history, achievements, and unique voices of Hispanic and Latine American communities. This theme serves as a framework for celebrations and events to acknowledge past contributions, celebrate current traditions, and inspire future innovations by the Latine community.

DISCUSSION
At the September 23, 2025, City Council meeting, the City Council will proclaim September 15 through October 15, 2025, as Hispanic Heritage Month in the City of Santa Clara.

Donna Garcia Ramirez from Santa Clara University’s Latine Student Union (LSU), Ysidro Magana from the Society of Hispanic Professional Engineers (SHPE) and Anixia Davila and Karla Martinez from Hermanas Unidas de SCU will be in attendance to receive the Proclamation.

The Latine Student Union aims to unify and amplify the voices of the Latine community and allies by creating a safe, inclusive, and respectful space where individuals can organize together and empower one another. LSU strives to achieve this by fostering a supportive community of current Santa Clara University students, alumni, faculty, and staff, creating and maintaining open channels of City of Santa Clara Page 1 of 2 Printed on 9/19/2025
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25-923 Agenda Date: 9/23/2025
communication to facilitate awareness, discussion, and activism within our community, and celebrating the diverse cultures and experiences across Latin America.

The Society of Hispanic Professional Engineers is a non-profit academic and professional organization that promotes the enrollment and retention of minorities to diversify technical fields.

Today’s representative, Ysidro Magana, is from the Santa Clara University student chapter of the national organization. SHPE empowers the Latin community to realize its fullest potential and impact the world through STEM awareness, access, support, and development and is brought together by heritage, social responsibility, and/or the desire to improve the equality of all people using science and technology.

Hermanas Unidas de SCU provides undergraduate, graduate, and professional leadership opportunities and resources to predominately Latina/Chicana students by participating in and organizing academic, community service, and social events/workshops. They seek to raise awareness and educate the campus and the community at large about Chicana/Latina issues.

Hermanas Unidas de SCU is also sisterhood that provides a healthy transition to and from the university.

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

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] 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. Proclamation of September 15 - October 15, 2025 as Hispanic Heritage Month City of Santa Clara Page 2 of 2 Printed on 9/19/2025
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City of SantaClara
WHEREAS, each year, federal and local governments observe National Hispanic Heritage Month between September 15 to October 15, paying tribute to the generations of Hispanic Americans who have positively influenced and enriched our nation and society; and WHEREAS, National Hispanic Heritage Month started in 1968 as Hispanic Heritage Week under President Lyndon Johnson and was expanded by President Ronald Reagan in 1988 to a 30-day period starting on September 15 and ending on October 15; and WHEREAS, National Hispanic Heritage Month was enacted into law on August 17, 1988, and has been recognized annually since; and WHEREAS, September 15th is a significant starting date for National Hispanic Heritage Month because it is the anniversary of independence for the Latin American countries of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua; in addition, Mexico and Chile celebrate their independence on September 16th and September 18th, respectively; and WHEREAS, as of 2025, Hispanic or Latina/o residents represent nearly 16 percent of Santa Clara’s population and are a vital part of the region’s rich history, economy, culture, and community.

NOW, THEREFORE, I, LISA M. GILLMOR, by virtue of the authority vested in me as Mayor, and on behalf of the entire City Council, do hereby proclaim September 15 - October 15, 2025, as

HISPANIC HERITAGE MONTH
in the City of Santa Clara and encourage all citizens to observe this month by learning more about the rich history of the Hispanic and Latina/o community and their significant contributions to our nation’s history.

Given under my hand and the Seal of the City of Santa Clara, California, this 23rd day of September 2025.

LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA
KELLY G. COX
VICE MAYOR, DISTRICT 6

ALBERT GONZALEZ
COUNCILMEMBER, DISTRICT 1

RAJ CHAHAL
COUNCILMEMBER, DISTRICT 2

KAREN HARDY
COUNCILMEMBER, DISTRICT 3

KEVIN PARK
COUNCILMEMBER, DISTRICT 4

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
Proclamation
tio

vA:~ ~
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1033 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Proclamation of September 2025 as Childhood Cancer Awareness Month

BACKGROUND
Childhood Cancer Awareness Month was established in 1990 by the National Childhood Cancer Foundation and the American Childhood Cancer Society. It gained international recognition in 2008 when the World Health Organization designated September as Childhood Cancer Awareness Month.

Childhood Cancer Awareness Month helps to reduce the stigma associated with childhood cancer, empower families and children facing the disease, advance research and treatment options, and improve the survival rates for children with cancer.

Childhood cancer is the leading cause of death from disease in children in the United States. About 160,000 children worldwide are diagnosed with cancer each year. The five-year survival rate for childhood cancer has increased from about 50% to over 80% in recent decades.

DISCUSSION
At the September 23, 2025, City Council meeting, the City Council will proclaim September 2025 as Childhood Cancer Awareness Month.

Executive Director Heidi Boynton from Jacob's Heart - Children's Cancer Support Services will be present, to accept the proclamation. Jacob’s Heart’s mission is to improve the quality of life for children with cancer and support their families in the challenges they face.

Since its inception in 1998, Jacob's Heart has served 3,774 seriously ill children and their family members and in 1999, they led the grassroots effort that established September as Childhood Cancer Awareness Month in the state of California.

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 City of Santa Clara Page 1 of 2 Printed on 9/19/2025
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25-1033 Agenda Date: 9/23/2025
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. Proclamation of September 2025 as Childhood Cancer Awareness Month City of Santa Clara Page 2 of 2 Printed on 9/19/2025
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WHEREAS,

WHEREAS,
c:i[;]
Childhood Cancer Awareness Month is a time to honor the courage of the hundreds of thousands of children who are facing cancer, survived cancer, or were taken too soon; and
this month is also a time to acknowledge the strength of all the pediatric patients, their families, and their caretakers, and to pay tribute to their commitment to continuing the fight and never giving up; and childhood cancer statistics reveal that one in 285 children in the United States will be diagnosed with cancer by their 20th birthday; on average, more than 290 children and adolescents in the U.S. are diagnosed with cancer every week; and childhood cancer is the leading cause of death by disease for children in the United States and as a result of major treatment advances in recent decades, more than 85 percent of children with cancer now survive five years or more, compared to the five-year survival rate of approximately 58 percent in the mid-1970s; and
. the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 27 years as a trusted community partner in providing family-centered care that addresses the emotional, practical, and financial struggles of families of children with cancer in the City of Santa Clara.

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

CHILDHOOD CANCER AWARENESS MONTH
in the City of Santa Clara and call upon the community to recognize the impacts of Alzheimer's disease and work to support those affected.

Given under my hand and the Seal of the City of Santa Clara, California, this 23rd day of September 2025.

KELLYG.COX
VICE MAYOR, DISTRICT 6
~ KAREN HA
COUNCILMEMBER, DISTRICT 3
~M~ LISA M. GILLMOR

MAYOR, CITY OF SANTA CLARA
,Jl~~

ALBERT GONZALEZ
COUNCILMEMBER, DISTRICT 1
~~ KEVIN PARK
COUNCILMEMBER, DISTRICT 4
flfRAJ~

COUNCILMEMBER,
~
DISTRICT 2

SUDS JAIN
COUNCILMEMBER, DISTRICT 5
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1034 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Sister City Izumo, Japan Trip Student Presentation and Acceptance of Gift from Friendship City Icheon, Republic of Korea

BACKGROUND
The City of Santa Clara has established relationships with three Sister Cities around the world:

Coimbra, Portugal, established on August 4, 1974; Izumo, Japan, established on October 11, 1986; and Limerick, Ireland, established on August 1, 2014. The City of Santa Clara did have a Friendship City relationship with Limerick, Ireland before establishing the more formal Sister Cities relationship.

On April 23, 2019, the City Council approved a three-year Friendship City with Icheon, Republic of Korea and the City of Santa Clara. The City of Santa Clara and Icheon renewed the Friendship City relationship for an additional three years on July 9, 2024.

During the past few years, as part of the ongoing relationships, the cities have exchanged letters of greetings for various events, attended international events, and to announce newly elected officials.

The Santa Clara Sister Cities Association (SCSCA) is a member of the Sister Cities International organization. SCSCA brings different cultures together, connecting people to people and building relationships.

The goal of the organization is to enrich the lives of our Santa Clara community and encourage cultural exchange programs and opportunities.

In August 2025, local students visited the Sister City of Izumo, Japan. Students will be providing an overview of their trip, highlighting the many notable moments they experienced while visiting the City of Izumo.

In April 2025, Councilmember Kevin Park visited with our Friendship City of Icheon, Republic of Korea for the 39th Annual Icheon Ceramic Festival. The Friendship City of Icheon presented the City of Santa Clara a gift, received on behalf of the City of Santa Clara by Councilmember Kevin Park during his visit to Icheon.

DISCUSSION
On September 23, 2025, students will provide a presentation on their trip to the Sister City of Izumo, Japan and a gift will be presented to the City of Santa Clara from the Friendship City of Icheon, Republic of Korea. Representatives from the Santa Clara Sister Cities Association will also be in attendance.

ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no City of Santa Clara Page 1 of 2 Printed on 9/19/2025
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25-1034 Agenda Date: 9/23/2025
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.

Reviewed by: Aimee Escobar, Management Analyst, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Page 2 of 2 Printed on 9/19/2025
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1035 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Impact of Federal Budget Cuts and the County’s Response

BACKGROUND
Recently adopted federal budget cuts present significant threats to services and programs that serve the community. H.R. 1 was a budget bill signed into law by President Trump on July 4, 2025.

Due to these cuts, the County of Santa Clara currently anticipates more than $1 billion in lost revenue over the next few years. This will create an extraordinary fiscal situation for the County of Santa Clara, and potentially dire consequences for families in the community.

DISCUSSION
Brian Darrow, Special Assistant to the County Executive, County of Santa Clara will provide a presentation on the anticipated impacts of the budgetary cuts to both the City of Santa Clara and the County, as a provider of services to Santa Clara residents.

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

Reviewed by: Aimee Escobar, Management Analyst, City Manager’s Office Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Page 1 of 1 Printed on 9/19/2025
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-18 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Board, Commissions and Committee Minutes

COUNCIL PILLAR
Enhance Community Engagement and Transparency

RECOMMENDATION
Note and file the Minutes of:

Historical and Landmarks Commission - June 5, 2025
Historical and Landmarks Commission - August 7, 2025
Planning Commission - August 13, 2025
Station Area Task Force - July 17, 2025
City of Santa Clara Page 1 of 1 Printed on 9/19/2025
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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
06/05/2025
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.

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Historical & Landmarks Commission Meeting Minutes 06/05/2025

CALL TO ORDER AND ROLL CALL
Chair Leung called the meeting to order at 6:06 p.m.

Commissioner Kirby participated in the meeting remotely under AB 2449 in Government Code § 54953(f) due to emergency circumstances.

Commissioner Amy Kirby, Chair Patricia Leung, Commissioner Ed Stocks, Vice Chair Ana Vargas-Smith , and Commissioner Yvonne Inciarte
Present 5 -
Absent 2 - Commissioner Michael Celso , and Commissioner Kathleen Romano A motion was made by Commissioner Vargas-Smith, seconded by Commissioner Inciarte, to excuse Commissioner Celso, and Commissioner Romano.

Commissioner Amy Kirby, Chair Patricia Leung, Commissioner Ed Stocks, Vice Chair Ana Vargas-Smith , and Commissioner Yvonne Inciarte
Present 5 -
Excused 2 - Commissioner Michael Celso , and Commissioner Kathleen Romano

CONSENT CALENDAR

1. 25-648 Historical and Landmarks Commission Meeting Minutes of April 3, 2025 Recommendation: Approve the Historical and Landmarks Commission Meeting Minutes of the April 3, 2025 Meeting.

A motion was made by Commissioner Stocks, seconded by
Commissioner Inciarte, to approve staff recommendation.

Aye: Commissioner Kirby, Chair Leung, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Inciarte
5 -
Excused: 2 - Commissioner Celso, and Commissioner Romano

PUBLIC PRESENTATIONS
Public Comments: None.

GENERAL BUSINESS
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2. 25-455 PUBLIC HEARING: Recommendation on a Proposed 987 Square Foot First Floor Addition and 942 Square Foot Second Story Addition (PLN25-00049) to an Existing Potentially Historic Resource at 642 Park Court Located Within 200 Feet of Historic Resource Inventory Properties.

Recommendation: Recommend that the Historical and Landmarks Commission find that the proposed project located at 642 Park Court will not destroy or have significant adverse effect on the integrity of the HRI listed properties within 200 feet of the subject property; that the proposed construction is compatible with the surrounding neighborhood and recommend approval of the Architectural Review at the Development Review Hearing.

Assistant Planner, Alex Tellez provided the staff presentation.

Homeowner, Sai Adivi spoke regarding the project.

Project Architect, Scott Galka provided the applicant presentation.

Public Speakers:

City Historian Lorie Garcia
David Keith
Graham Cramb
Monica Miller
Denice Walker
Lorrie Furtado
Ricardo Marino
Richard Mitchell
Carol Mitchell
Jorge Cano
John M.

Mark Kelsey
Wendy Hoag
Mark Hoag
Terry Jansen
Aejaie Sellers
Katie
Judy Hoffman
Ling Lom
Dustin Eng
Joel McQueen
Mariya Malneva
Mari Iwata
A motion was made by Commissioner Vargas-Smith, seconded by Commissioner Inciarte, to close public hearing.

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Aye: Kirby, Chair Leung, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Inciarte
5 -
Excused: 2 - Commissioner Celso, and Commissioner Romano A motion was made by Commissioner Kirby, seconded by
Commissioner Inciarte, to continue this item to either: a Special Historical and Landmarks Commission Meeting to be scheduled in July 2025; or the August 7, 2025 Historical and Landmarks Commission Meeting.

Aye: Kirby, Chair Leung, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Inciarte
5 -
Excused: 2 - Commissioner Celso, and Commissioner Romano

STAFF REPORT

1. Training and Travel Request
None.

COMMISSIONERS REPORT
Lead/Alternate
Vargas-Smith / Romano
Vargas-Smith / Leung
Leung
Romano /Vargas-Smith
Vargas-Smith/ Leung
Leung
Vargas-Smith/Stocks
Subcommittee Reporting - 20 Minutes
Board/Committee
Santa Clara Arts and Historic Consortium
Historic Preservation Society of Santa Clara
Old Quad Residents Association
Development Review Hearing
BART/ High Speed Rail/ VTA BRT Committee
El Camino Real Specific Plan Community Advisory Committee Downtown Precise Plan
Santa Clara Station Area Task Force Leung/Stocks
Commissioners provided updates on various items, meetings, and groups that they are assigned to.

Commissioner Vargas-Smith provided a presentation on the California Preservation Conference she attended.

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ADJOURNMENT
A motion was made by Commissioner Inciarte, seconded by Commissioner Vargas-Smith, to adjourn the meeting at 9:43 p.m.

Aye: Kirby, Chair Leung, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Inciarte
5 -
Excused: 2 - Commissioner Celso, and Commissioner Romano The next regular scheduled meeting is on Thursday, August 7, 2025 at 6 p.m.

MEETING DISCLOSURES
City of Santa Clara Page 5 Printed on 07/09/2025
Historical & Landmarks Commission Meeting Minutes 06/05/2025 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.

City of Santa Clara Page 6 Printed on 07/09/2025
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
08/07/2025
The City of Santa Clara is conducting the Historical and Landmarks Commission Hearing meeting in a hybrid manner (in-person and method for the public to participate remotely) o Via Zoom:
o https://santaclaraca.zoom.us/j/97233262035 or
o Phone: 1 (669) 900-6833
Meeting ID: 972 3326 2035
How to Submit Written Public Comment Before Historical and Landmarks Commission Meeting:

By email to [email protected] by 12 p.m. the day of the meeting.

Those emails will be forwarded to Staff and will be uploaded to the Historical and Landmarks Commission Agenda as supplemental meeting material. Emails received after 12:00 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: Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for Historical and Landmarks Commission items may be viewed on the Internet at
ttps://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.

CALL TO ORDER AND ROLL CALL
Chair Leung called the meeting to order at 6:02 p.m.

Commissioner Michael Celso , Chair Patricia Leung, Commissioner Kathleen Romano, Commissioner Ed Stocks, Vice Chair Ana Vargas-Smith , and Commissioner Kaushal Varshney
Present 6 -
City of Santa Clara Page 1 Printed on 08/18/2025
Historical & Landmarks Commission Meeting Minutes 08/07/2025 Absent 1 - Commissioner Yvonne Inciarte
A motion was made by Commissioner Romano, seconded by
Commissioner Stocks, to excuse Commissioner Inciarte.

Aye: Commissioner Celso, Chair Leung, Commissioner Romano, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Varshney
6 -
Excused: 1 - Commissioner Inciarte

CONSENT CALENDAR

1. 25-803 Historical and Landmarks Commission Meeting Minutes of June 5, 2025 Recommendation: Approve the Historical and Landmarks Commission Meeting Minutes of the June 5, 2025 Meeting.

Chair Leung made a motion for this item to be continued to the date certain September 4, 2025 Historical and Landmarks Commission Meeting due to members absence.

Aye: Commissioner Celso, Chair Leung, Commissioner Romano, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Varshney
6 -
Excused: 1 - Commissioner Inciarte

PUBLIC PRESENTATIONS
Public Speaker:

Charles Bartlett, UMC Santa Clara

GENERAL BUSINESS
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2. 25-823 PUBLIC HEARING: Recommendation on the Significant Property Alteration / Architectural Review (PLN25-00300) for a 441 Square Foot First Floor Addition and an 818 Square Foot Basement Addition to an Existing Single-Story Residence Resulting in a 2,307 Square Foot Residence on the Historic Resource Inventory With Five Bathrooms Located at 4120 Bassett Street.

Recommendation:

Recommend that the Historical and Landmarks Commission find that the proposed project located at 4120 Bassett will not destroy or have a significant adverse effect on the integrity of the Historic Resource Inventory property and that the proposed construction is compatible with the resource and recommend approval of the Significant Property Alteration.

Principal Planner Rebecca Bustos provided the staff presentation.

Homeowner Otoniel Rojas Campos spoke about the project.

Public Comments: None.

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

Aye: Commissioner Celso, Chair Leung, Commissioner Romano, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Varshney
6 -
Excused: 1 - Commissioner Inciarte
A motion was made by Commissioner Romano, seconded by Vice Chair Vargas-Smith, to approve this item, with the condition to use new siding on the bay window.

Aye: Commissioner Celso, Chair Leung, Commissioner Romano, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Varshney
6 -
Excused: 1 - Commissioner Inciarte

3. 25-753 Election of Historical and Landmarks Commission Chair and Vice Chair Recommendation: There is no staff recommendation.

Chair Leung made a motion to continue this item date certain to the September 4, 2025 Historical and Landmarks Commission Meeting.

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Historical & Landmarks Commission Meeting Minutes 08/07/2025

Aye: Commissioner Celso, Chair Leung, Commissioner Romano, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Varshney
6 -
Excused: 1 - Commissioner Inciarte

STAFF REPORT

1. Training and Travel Request
No updates on this item.

2. Commission Workplan
No updates on this item.

COMMISSIONERS REPORT

1. Subcommittee Reporting - 20 Minutes
No updates on this item.

2. 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 Vargas-Smith, to adjourn the meeting at 7:23 p.m.

Aye: Commissioner Celso, Chair Leung, Commissioner Romano, Commissioner Stocks, Vice Chair Vargas-Smith, and Commissioner Varshney
6 -
Excused: 1 - Commissioner Inciarte
The next regular scheduled meeting is on September 4, 2025 City of Santa Clara Page 4 Printed on 08/18/2025
Historical & Landmarks Commission Meeting Minutes 08/07/2025

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.

City of Santa Clara Page 5 Printed on 08/18/2025
City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council
Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
08/13/2025
The City of Santa Clara is conducting the Planning Commission Hearing meeting in a hybrid manner (in-person and method for the public to participate remotely) Via Zoom:
- https://santaclaraca.zoom.us/j/91729202898
- Webinar ID: 917 2920 2898 or
Phone: 1(669) 900-6833
How to Submit Written Public Comment Before Planning Commission Meeting:

1. By email to [email protected] by 12 p.m. the day of the meeting.

Those emails will be forwarded to the Planning Commission and will be uploaded to the Planning Commission 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.

2. 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 staff, and become part of the public record. eComment closes 15 minutes before the start of a meeting. NOTE: eComments and Emails received as public comment will not be read aloud during the meeting.

Agendas, Staff Reports and some associated documents for Planning Commission 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 Planning Commission meeting may not be the final documents approved by the Planning Commission. For the final document, you may contact the Office of the City Clerk at (408) 615-2220 or [email protected].
6:00 PM REGULAR MEETING
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Planning Commission Meeting Minutes 08/13/2025
Call to Order
Chair Crutchlow called the meeting to order at 6:04 p.m.

Pledge of Allegiance and Statement of Values
Secretary Cherukuru read the Statement of Values.

Roll Call
Commissioner Nancy A. Biagini, Commissioner Priya Cherukuru, Commissioner Qian Huang, Vice Chair Mario Bouza, Commissioner Lance Saleme, and Chair Eric Crutchlow
Present 6 -
Absent 1 - Commissioner Yashraj Bhatnagar
A motion was made by Commissioner Cherukuru, seconded by Commissioner Bouza to excuse Commissioner Bhatnagar.

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar

DECLARATION OF COMMISSION PROCEDURES
Secretary Cherukuru read the Declaration of Commission Procedures..

CONTINUANCES/EXCEPTIONS

CONSENT CALENDAR
A motion was made by Commissioner Biagini, seconded by
Commissioner Cherukiru to approve items 1A and 1B.

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar

1.A 25-655 Planning Commission Meeting Minutes of May 21, 2025 Recommendation: Approve the Planning Commission Meeting Minutes of the May 21, 2025 Meeting.

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1.B 25-839 Planning Commission Meeting Minutes of June 11, 2025 Recommendation: Approve the Planning Commission Meeting Minutes of the June 11, 2025 Meeting.

1.C 25-717 Action to Adopt a Resolution to Deny the Modification to an Existing Conditional Use Permit (PLN24-00392) that Would Have Changed Existing Conditions of Approval (Conditions P6, P8, P19, P20) Concerning Solid Waste and Recycling Collection at the Existing Subaru Dealership Located at 3225 Stevens Creek Boulevard.

Recommendation: 1. Adopt a Resolution Denying the Modification of an Existing Conditional Use Permit that would have allowed solid waste and recycling to be collected from Cecil Avenue for the existing Subaru dealership.

Commissioner Huang asked to discuss this item and stated he felt denying the application was not right.

A motion was made by Commissioner Biagini, seconded by
Commission Bouza to approve Item 1C.

Aye: Commissioner Biagini, Commissioner Cherukuru, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
5 -
Nay: 1 - Commissioner Huang
Excused: 1 - Commissioner Bhatnagar

PUBLIC PRESENTATIONS
None.

PUBLIC HEARING
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2. 25-690 Public Hearing: Action on a Vesting Tentative Subdivision Map (PLN25-00225) for 11 Townhouses Located at 1530 and 1540 Pomeroy.

Recommendation: 1. Recommend that the City Council find that the proposed subdivision falls within the scope of the adopted CEQA Addendum prepared for the project and no further analysis is required.

2. Adopt a resolution recommending the City Council approve the Vesting Tentative Subdivision Map to merge the two parcels and create a one-lot subdivision for condominium purposes for 11 townhouses and common area at 1530/1540 Pomeroy Avenue, subject to findings and conditions of approval.

Senior Planner Nimisha Agrawal provided the staff presentation.

Commissioners inquired upon many aspects fo the project including tandem parking, input from neighbors, if there was an affordable housing component, state mandate for housing.

Applicant Omid Shakeri, Ridgecrest Group provided a presentation and outlined the history of the project.

Public Speakers
Manuel Vierra
A motion was made by Commissioner Cherukuru, seconded by Commissioner Biagini to close public hearing.

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to approve staff recommendation 1.

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar
A motion was made by Commissioner Cherukuru, seconded by Commissioner Biagini to approve staff recommendation 2.

3. 25-763 Public Hearing: Action on the Initial Study and Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Amendment, Rezone, and Vesting Tentative Subdivision Map (PLN24-00267 and PLN24-00332) for the Property Located at 1400 Coleman Avenue to Allow the Development of 142 Townhouse Units and Associated On- and Off-Site Improvements
Recommendation: Alternatives: 1, 2, 3 and 4

1. Adopt a resolution recommending the City Council adopt the adopt the Mitigated Negative Declaration and the Mitigation Monitoring or Reporting Program for the proposed residential townhome project at 1400 Coleman Avenue.

2. Adopt a resolution recommending the City Council approve the General Plan amendment to change the land use designation from Regional Commercial to High Density Residential.

3. Adopt a resolution recommending the City Council approve a rezoning of the project site from Commercial Regional (CR) to High Density Residential (R4) subject to conditions of approval.

4. Adopt a resolution recommending City Council approve a Vesting Tentative Subdivision Map for condominium purposes, subject to conditions of approval.

Senior Planner Nimisha Agrawal provided the staff presentation.

Tyler Rogers, David J. Powers answered questions from
Commissioners. Commissioners inquired upon air quality at the site of the project, tribal consultations, if the project had been presented at a Station Area Task Force meeting, proximity to mass transit, aging in place features, etc.

Applicant Pamela Nieting, City Ventures provided a presentation and spoke regarding the project.

Public Speaker
Dylan Plane
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close public hearing.

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -

Absent: 1 - Commissioner Bhatnagar
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to approve staff recommendation 1.

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Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar
A motion was made by Commissioner Cherukuru, seconded by Commissioner Biagini to approve staff recommendation 3.

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar
A motion was made by Commissioner Cherukuru, seconded by Commissioner Biagini to approve staff recommendation 4.

4. 25-784 Public Hearing: Action on a Variance (PLN24-00514) to Locate a Six-Foot Wrought Iron Fence Within the 10-Foot Street Side Setback and Within the 20-Foot Front Setback Proposed at 572 Woodhams Road (Continued from the May 21, 2025, Planning Commission Meeting)
Recommendation: Adopt a resolution denying the variance to locate a six-foot wrought iron fence within the required 10-foot street side setback and 20-foot front setback proposed at 572 Woodhams Road, subject to findings.

Meeting went into Recess at 8:04 p.m. and reconvened at 8:13 p.m.

Associate Planner Meha Patel provided the staff presentation.

Commissioners Huang and Crutchlow disclosed they had met with the property owners.Commissioners had questions regarding the old zoning code, and new zoning code and how it related to this item.

Applicants Thuyloan Nguyen and Aniraban Sengupta spoke.

A motion was made by Commissioner Cherukuru, seconded by Commissioner Biagini to close public comment.

Aye: Commissioner Biagini, Commissioner Cherukuru, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
5 -
Nay: 1 - Commissioner Huang
Excused: 1 - Commissioner Bhatnagar
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Planning Commission Meeting Minutes 08/13/2025

5. 25-826 PUBLIC HEARING: Action on a Conditional Use Permit (PLN24-00424) to Construct a Single-Sided Digital LED Billboard as Part of a Billboard Relocation Agreement and a Minor Modification to Reduce the Required 1,500 Linear Feet Distance from Another Electronic Digital Display Message Sign, and Recommendation to the City Council to Approve Adoption of the Billboard Relocation Agreement, Located at 1700 Duane Avenue (Continued from June 11, 2025, Planning Commission Meeting).

Recommendation: 1) Determine the project to be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (Class 3 - “New Construction or Conversion of Small Structures”).
2) Adopt a resolution approving a Conditional Use Permit to allow for construction a single-sided digital LED billboard as part of a Billboard Relocation Agreement, located at 1700 Duane Avenue, subject to findings and conditions of approval.
3) Adopt a resolution approving a minor modification to reduce the required 1,500 linear feet distance from another electronic digital display message sign, located at 1700 Duane Avenue, subject to findings and conditions of approval.
4) Recommend to the City Council approval of the Billboard Relocation Agreement.

Associate Planner Meha Patel provided the staff presentation.

Applicant Steve Abrams, Abrams Associates and Cameron Hall, Outfront Media spoke.

Commissioners inquired on various aspects of the traffic accident data study reports provided.

Chair Crutchlow requested that his comments be provided in the minutes as follows: The safety case is reasonably strong but not definitive. The available research does not support claims that properly regulated digital billboards significantly increase crash risk. The studies most often cited by opponents have acknowledged limitation and inconclusive results.

However, the absence of proof of harm is not the same as proof of safety.

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

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar
A motion was made by Commissioner Bouza, seconded by
Commissioner Biagini to approve staff recommendation 1.

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Planning Commission Meeting Minutes 08/13/2025

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar
A motion was made by Commissioner Bouza, seconded by
Commissioner Biagini to approve staff recommendation 2.

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, and Commissioner Saleme
5 -
Excused: 1 - Commissioner Bhatnagar
Abstained: 1 - Chair Crutchlow
A motion was made by Commissioner Bouza, seconded by
Commissioner Biagini to approve staff recommendation 3.

1. Announcements/Other Items
Planning Manager Lesley Xavier provided updates.

Commissioner Cherukuru requested that the Planning Commission purchase a table at the 2026 Joint Venture Silicon Valley State of the Valley Event when ticket sales are available in early 2026..

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2. Commissioner Travel and Training Reports, Requests to attend Trainings Staff Aide II Elizabeth Elliott provided updates on the upcoming California APA Conference taking place in Monterey September 29 to October 1, 2025. Commissioners Huang and Crutchlow have been registered to attend.

DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

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

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

3. City Council Actions
Planning Manager Lesley Xavier provided updates.

ADJOURNMENT:

The meeting adjourned at 10:20 p.m. The next regular meeting is September 10, 2025/

Aye: Commissioner Biagini, Commissioner Cherukuru, Commissioner Huang, Vice Chair Bouza, Commissioner Saleme, and Chair Crutchlow
6 -
Excused: 1 - Commissioner Bhatnagar
City of Santa Clara Page 10 Printed on 09/04/2025
Planning Commission Meeting Minutes 08/13/2025
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.

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.

City of Santa Clara Page 11 Printed on 09/04/2025
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
07/17/2025
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 6:02 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 Vernon Shure, Member Neetu Garg, and Member Daniel Huynh Present 11 -

CONSENT CALENDAR

1. 25-781 Station Area Task Force Meeting Minutes of June 19, 2025 Recommendation: Approve the Station Area Task Force Meeting Minutes of the June 19, 2025 Meeting
A motion was made by SATF Member Evans, seconded by SATF Member Plane, to approve the consent calendar.

Aye: 5 -
Abstained:

Member Evans, Chair Leung, Member Plane, Member Stockwell, and Member Huynh
Member Ondrasek, Member Mayer, Member Collins, Member
Hough, Member Garg, and Member Shure
6 -
City of Santa Clara Page 1 Printed on 07/22/2025
Station Area Task Force Meeting Minutes 07/17/2025

PUBLIC PRESENTATIONS
None.

GENERAL BUSINESS

2. 25-399 Presentation on BART Silicon Valley Phase II Extension Project Update Recommendation: There is no staff recommendation.

3. 25-790
VTA Staff, Brent Pearce and Ali Mustafa, provided a presentation.

Public Speaker:

Suds Jain
Santa Clara Station Area Task Force Review of the - Urban Design, Streetscape, and Open Space Standards for the Station Area Specific Plan
Recommendation: There is no staff recommendation.

STAFF REPORT

ADJOURNMENT
WRT Consultants provided a presentation.

Public Speakers:

Suds Jain
James Viso
None.

A motion was made by SATF Member Ondrasek, seconded by SATF Member Huynh, to adjourn the meeting at 8:25 p.m.

Aye: Member Evans, Member Ondrasek, Chair Leung, Member Mayer, Member Collins, Member Hough, Member Plane, Member Stockwell, Member Shure, Member Garg, and Member Huynh
11 -
The next regular scheduled meeting is on Thursday, August 21, 2025.

MEETING DISCLOSURES
City of Santa Clara Page 2 Printed on 07/22/2025
Station Area Task Force Meeting Minutes 07/17/2025
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City of Santa Clara
Agenda Report
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25-960 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Note and File the City Auditor’s Office Report on the Audit of the City’s Building Permitting Process

BACKGROUND
Per Section 909 of the City Charter, and SCCC Section 2.29.010, the City Auditor’s duties and responsibilities include conducting in-depth financial and performance audits, overseeing the City’s performance management system, auditing and approving all bills, invoices, payrolls, demands or charges against the City government before payment and, with the advice of the City Attorney, making reports to the City Council as to the regularity, legality and correctness of such claims, demands or charges. The City Auditor’s Office conducts its work under the auditing standards prescribed by the Institute of Internal Auditors (IIA). The IIA International Standards for the Professional Practice of Internal Auditing (Standards) requires the City Auditor to present the results of any audits.

DISCUSSION
In 2022, the City Auditor’s Office engaged Baker Tilly US, LLP (Baker Tilly) to conduct an annual citywide risk assessment and prepare an annual audit work plan for the next five years.

As part of the risk assessment, the Auditor’s Office and Baker Tilly rated the building permitting process as high risk based on inherent risks and specific information gathered, including:
· Higher frequencies of customer complaints for slow processing. · Departmental vacancies and turnover due to failed recruitment in a competitive field. · New system implementation.
· Volatile revenue.
· Increased compliance risk associated with changing building code. · Ineffective fee management.

Accordingly, the Auditor’s Office partnered with Baker Tilly to perform an internal audit of the building permitting process. The objectives of this audit were to:
1) Determine whether the internal controls for the building permitting processes are adequately designed and operating effectively to ensure compliance with the City Code and other regulations.
2) Determine whether adequate mechanisms are in place to ensure that the building permitting process is efficient and provides timely customer service.

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25-960 Agenda Date: 9/23/2025
3) Determine whether the internal controls over billing and collections of permitting fees and fines are adequately designed and operating effectively to ensure financial accountability.

Attached is the City Auditor’s Office report containing the analysis, results and recommendations from the audit.

On June 12, 2025, City staff and Baker Tilly, LLC presented the results of the audit to the Audit Committee for input and approval. The results of the audit were presented by the Auditor’s Office, along with Baker Tilly, and the Community Development Department made a presentation of how they are proactively implementing corrective actions to address the issues raised in the report. Staff prepared a memo for the Audit Committee outlining and detailing the progress made to date and the proposed improvements. The Audit Committee engaged in a discussion with staff and in general were in support of the improvements. After discussion, the Audit Committee accepted the City Auditor’s Office Report on the Audit of the City’s Building Permitting Process and recommend that this report be forwarded for note and file to the full Council at a future Joint Council and Authorities Concurrent and Stadium Authority Meeting.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environment Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
Costs associated with the preparation of this report are included in the City’s FY 2024/25 Adopted Operating Budget.

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

RECOMMENDATION
Note and file the City Auditor’s Office Report on the Audit of the City’s Building Permitting Process.

Reviewed and Approved by: David Noce, Audit Manager

ATTACHMENTS

1. City Auditor’s Office - Audit of Building Permitting Process

2. Executive Memo on Baker Tilly Building Permitting Process Audit City of Santa Clara Page 2 of 2 Printed on 9/19/2025
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1 April 16, 2025
City of Santa Clara
City Auditor’s Office
Audit of Building Permitting Process
((; bakerti Uy
Contents
Baker Tilly Advisory Group, LP and Baker Tilly US, LLP, trading as Baker Tilly, operate under an alternative practice structure and are members of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. Baker Tilly US, LLP is a licensed CPA firm that provides assurance services to its clients. Baker Tilly Advisory Group, LP and its subsidiary entities provide tax and consulting services to their clients and are not licensed CPA firms.

EXECUTIVE SUMMARY ................................................................................................. 1 INTRODUCTION ............................................................................................................. 2 DETAILED ANALYSIS ................................................................................................... 5 AUDIT RESULTS .......................................................................................................... 12 APPENDIX .................................................................................................................... 19 1 Executive Summary
Purpose of the Audit
Baker Tilly US, LLP (Baker Tilly) provides internal audit services to the City Auditor’s Office (CAO) for the City of Santa Clara (the City) and has conducted an audit of the Building Permitting Process based on the Statement of Work (SOW) No. 2023-02 prepared in accordance with the 2023-2024 audit plan approved by the Audit Committee of the City. The objectives of this audit were to:
1) Determine whether the internal controls for the building permitting processes are adequately designed and operating effectively to ensure compliance with the City Code and other regulations. 2) Determine whether adequate mechanisms are in place to ensure that the building permitting process is efficient and provides timely customer service.
3) Determine whether the internal controls over billing and collections of permitting fees and fines are adequately designed and operating effectively to ensure financial accountability.

Report Highlights
Finding 1: Policies and Procedures (page 12)
Although the Building Division (BD) has some written procedures, they are informal and fragmentary.

Comprehensive policies and procedures (P&P) have not been formally established for the building permitting process, which is essential to guide the BD staff in decision-making and to communicate management’s expectations.

Management should establish and implement comprehensive P&P for the BD's critical processes, including Application Processing, Plan Review, Permitting Fee Billing and Collection, Permit Issuance, and Performance Monitoring.

Finding 2: Timeliness of Permitting Process (page 13)
Baker Tilly’s review of 45 applications revealed that initial plan review, as well as subsequent plan review, was not consistently completed within the target time frames established by City management. Based on our permitting process timeline analysis, the processes before and after plan review can be improved.

Management should proactively monitor the permitting process efficiency by leveraging additional performance metrics throughout the year, maximizing the use of the City’s permitting system reporting function.

Finding 3: Permit Fees (page 15)
Baker Tilly tested permit fee calculations for 45 applications (for which the total job value was $334M and fees totaled over $3M) selected from all applications the City received in FY2022 and FY2023 and noted that building permit fees were not always calculated accurately in accordance with the applicable Municipal Fee Schedules.

Management should implement the following mechanisms to ensure the accuracy of building permit fees charged to applicants: Comprehensive Manuals and Training for Permit Technicians; Adequate Testing of Fee Calculations; Timely Secondary Review of Invoices; and Refresher Training for Permit Technicians.

Finding 4: Performance Monitoring and Process Improvement (page 17) The BD does not have a robust, formal mechanism that utilizes performance metrics for monitoring building permitting processes to track progress, identify areas for improvement, and make informed decisions. The BD also lacks a formal process for receiving, tracking, and responding to customer feedback in a manner that allows for analyses and subsequent improvements to the building permitting process.

The BD management should establish formal mechanisms for periodically monitoring building permitting processes. The BD management should also implement a systematic approach for collecting and analyzing customer feedback.
(G bakertilly
2 Introduction
Objective
The objectives of this audit were to:
1) Determine whether the internal controls for the building permitting processes are adequately designed and operating effectively to ensure compliance with the City Code and other regulations. 2) Determine whether adequate mechanisms are in place to ensure that the building permitting process is efficient and provides timely customer service.
3) Determine whether the internal controls over billing and collections of permitting fees and fines are adequately designed and operating effectively to ensure financial accountability.

Background
Building Division
The Building Division (BD) is part of the City’s Community Development Department. The BD is responsible for project approval throughout various stages, from permits and design review to construction and use.

Additionally, the BD ensures that buildings and structures comply with the Building Code, prioritizing public health, safety, and well-being in the built environment. The 2023 Permits Issued Report1 available in the City’s website shows that the City issued 690 permits during calendar year 2023.

The BD, led by the Building Official and Assistant Building Official, comprises over fifty full-time positions that provide the following services: Permit Services and Building Services.  Permit Services issues building permits after completing a review of building plans submitted by applicants to ensure compliance with local and State laws concerning building construction, use, maintenance, repair, and rehabilitation. Permit Services, while conducting its own review, coordinates the building plan review process across several City departments including but not limited to, Planning, Silicon Valley Power (SVP), Public Works, and Fire. Permit Services consists of various support staff and the following positions:
o One Permit Center Supervisor,
o Two Customer Service Representatives,
o Two Senior Permit Technicians,
o Seven Permit Technicians,
o One Plan Review Manager,
o Five Senior Plans Examiners,
o Four Plans Examiners.
 Building Services conducts inspections after a building permit has been issued for building construction, ensuring compliance with the Building Codes and approved plans.

The BD also utilizes consultants to assist with plan reviews and inspection services. Currently, the BD has eight active contracts.

The BD’s objectives related to the permitting process include the following2:
 Delivering excellent customer services through efficient plan review and permitting services  Streamlining the building permitting process through new technologies and optimal use of the current permitting system
 Improving customer satisfaction
 Coordinating plan checks for City Stakeholders, Building, Fire Prevention, Planning, Public Works, etc. 1 https://www.santaclaraca.gov/our-city/departments-a-f/community-development/building-division/permits-issued-report 2 Page 383, City of Santa Clara FY 2023/24 and FY 2024/2025 Adopted Operating Budget (G bakertilly
3 INTRODUCTION
The BD’s performance measures related to the building permitting process are reported as follows3:

TABLE 1: Building Division Performance Measures Reported in FY 2023/24 and FY 2024/2025 Adopted Operating Budget Performance Measures 2020/21
Actual
2021/22
Actual
2022/23
Target
2022/23
Actual
2023/24
Target
2024/25
Target
Percent of short cycle plan checks
performed within ten business days N/A N/A 50% 93% 90% 90% Percent of regular cycle plan checks
performed within target dates at
4,6,8, and 10 weeks
72% 93% N/A 85% 85% 85%
Overview of the Building Permitting Process
 A permit application can be submitted on the
Building Permitting Online Portal or to the Permit
Center in person.
 For an application received via online portal, a
Permit Technician bills plan review fees via the
permitting system after receiving a complete
application.
 Once plan review fees are paid, a Permit
Technician creates a digital workflow in the
permitting system based on the review type to
facilitate a plan review. To provide quality and
timely service to the applicants, the BD has
established target time frames for plan reviews.

Permits for small scale projects are to be
completed within 10 days. For more extensive
projects, there are four other target time frames
based on size and scope: 2, 4, 6, and 10 weeks.
 After initial review, an applicant may be notified
to submit additional information. The plan review
target time frame for the additional information
submitted is half of the original target timeframe for
that particular permit type.
 A Permit Technician bills permit fees when a
plan review is completed.
 Once permit fees are paid, a building permit is
issued to an applicant.

During the annual risk assessment conducted to prepare the FY 2023/2024 Audit Plan (presented February 3, 2023), Baker Tilly rated the building permitting process as high risk based on inherent risks and specific information gathered, including:
 Customer complaints for slow processing
 Departmental vacancies and turnover due to failed recruitment in a competitive field  New system implementation
 Volatile revenue
 Increased compliance risk associated with changing building code 3 Page 401, City of Santa Clara FY 2023/24 and FY 2024/2025 Adopted Operating Budget Permit Application
Submission
Plan Review Fee
Payment
Permit Fee
Payment
Project/
Construction
Inspection
4 INTRODUCTION
Scope
Our audit covered interviews and document assessments related to the City’s building permitting process for FY 2022 and FY 2023. We focused on Permit Services, which encompasses processes from application receipt to permit issuance, while excluding Building Services consisting of inspections and permit finalization.

Methodology
To achieve the audit objectives, Baker Tilly performed the following procedures.  Analyzed the relevant laws, policies, and guidelines related to building permitting issuance including the City of Santa Clara Municipal Code (Title 15, Building and Construction) and California Building Standards Commission in Part 1 of Title 24 of the California Code of Regulations.  Gathered information to understand the environment under audit including evaluating P&P, permitting applications and fees, annual budget information, and performance monitoring documentation.  Conducted interviews with key process owners and management including the Director of Community Development, the Building Official, the Assistant Building Official, Staff Analysts, Permit Center Supervisor, and the Accounting Division.
 Assessed risks and identified controls in place based on process walkthroughs and review of supporting documentation.
 Performed testing of key controls for application processing, plan reviews, and permit fee billing and payments.
o Randomly selected 45 applications using a stratified sampling method to ensure all review types were represented in our sample.
o Selection was made from permit applications that were received in FY2022 and FY2023 and for which permits had been issued as of September 11, 2023.

Organizational Strengths
The BD boasts several strengths. Firstly, the City’s website hosts an informative page dedicated to building permits, providing clear guidelines and resources for applicants. Secondly, the recent implementation of a new permitting system has streamlined processes, enhancing efficiency and transparency. Lastly, in general, notes are maintained within the system for each permit application, ensuring accurate tracking and effective communication.

Baker Tilly greatly appreciates the support of the BD and Accounting Division in conducting this audit activity.

Thank you!
5 Detailed Analysis
Risk and Control Matrix
To assess the BD's control environment, Baker Tilly created a Risk and Controls Matrix (RCM). The RCM was used to identify inherrent and potential risks that could affect the achievement of process objectives, and document the BD’s existing controls to mitigate those risks. Additionally, it highlights control design weaknesses (gaps) and opportunities for improvement. This matrix was constructed through documentation, analysis, and stakeholder interviews related to the building permitting process within the scope of the audit. We separated the process into four sub-processes: Application Processing, Plan Review, Permit Fees, and Performance Monitoring. As shown in the table below, we identified six gaps, some of which are repeated under different risks and sub-processes.These gaps are discussed in the Audit Results section of this report.

TABLE 2: Risk and Controls Matrix
Sub-process Potential Risk Potential Risk Description
Gap
#
Control or Gap Description Specific to Santa Clara
Application
Processing
Inconsistent
processing
Applications are processed
inconsistently 1
Comprehensive formal P&P are not established to
guide the staff for consistent, efficient, and effective processing (Gap)
Application
Processing
Inefficient
processing
Permit applications are not
processed in a timely manner
1 • The Building Permitting Online Portal is used for
application submission, communication, billing, and
fee payment (Control)
• A Permit Technician reviews an application and
plans for completeness before proceeding to the
next step (Control)
• Comprehensive formal P&P are not established to
guide the staff for consistent, efficient, and effective processing (Gap)
Application
Processing
Ineffective
processing
• Incomplete and/or unpaid
applications are routed to a
plan review
• Applications are not routed
to all applicable departments
for a plan review
1 • A Permit Technician acts as a gatekeeper of the
entire building permitting process for effective
processing (Control)
• The permitting system is utilized to create a
workflow and keep track of processing (Control)
• Comprehensive formal P&P are not established to
guide the staff for consistent, efficient, and effective processing (Gap)
Plan Review Inefficient review A plan review is not
completed in a timely manner
• Target time frames for a plan review are
established based on review types (Control)
• Plan reviews are conducted by multiple
departments (if applicable) simultaneously (Control)
Plan Review Ineffective review Incomplete applications are approved 1
• Missing information and documents are identified
and communicated to an applicant via the
permitting system (Control)
• Comprehensive formal P&P are not established to
guide the staff for consistent, efficient, and effective processing (Gap)
(G bakertilly
6 DETAILED ANALYSIS
Sub-process Potential Risk Potential Risk Description
Gap
#
Control or Gap Description Specific to Santa Clara
Plan Review
Approval of
noncompliant
applications
Applications that are
noncompliant with new,
unique, and established
regulatory requirements,
including zoning, building
codes, and environmental
regulations are approved
1 • Plan review is conducted by multiple departments
with specific expertise (Control)
• Comprehensive formal P&P are not established to
guide the staff for consistent, efficient, and effective processing (Gap)
Permit Fees Erroneous fees
Fees erroneously assigned by
a Permit Technician are
invoiced
1 2
• Comprehensive formal P&P are not established to
guide the staff for consistent, efficient, and effective processing (Gap)
• There is no formal mechanism to check the
appropriateness of fees before they are invoiced
(Gap)
Permit Fees Inaccurately
calculated fees
Fees are incorrectly
calculated
The City’s permitting system calculates fees based
on the approved Municipal Fee Schedule in the
system (Control)
Permit Fees Unpaid building
permits
Payments are not received for
building permits issued
A Permit Technician verifies the fee payment status
in the permitting system before routing an
application to a plan review and issuing a building
permit (Control)
Performance
Monitoring
Inefficient
application
processing
The permit application
processing continues to be
inconsistent, inefficient, and
ineffective
3 There is no formal mechanism for periodic
monitoring of performance to identify areas of
improvement (Gap)
Performance
Monitoring
Inaccurate or
incomplete plan
review
Inaccurate or incomplete
applications continue to be
approved
4 There is no formal mechanism for periodic
monitoring of the quality of a plan review (Gap)
Performance
Monitoring
Uncollected
building permit
fees
Building permit fees are not
collected due to bounced
checks and other reasons
5 There is no formal mechanism for the BD
management to identify uncollected fees
periodically (Gap)
Performance
Monitoring
Unsatisfied
customers
Impairs the City’s ability to
consistently deliver excellent
customer service due to its
inability to improve the
building permitting services
based on customer feedback
and complaints
6 All customer complaints and feedback are not
collected and analyzed to improve customer
satisfaction (Gap)
7 DETAILED ANALYSIS
Plan Review Time Frame Data Analysis
Baker Tilly obtained a list of permit applications received by the City in FY2022 and FY2023 (beginning July 1, 2021 thru June 30, 2023) along with associated data, such as application dates, processing status, and status dates, extracted from the City’s permitting system on September 11, 2023.

As the BD established several target time frames to complete a plan review based on review types (see the Overview of the Building Permitting Process section in this report), we filtered the data to identify applications falling into five review types that received permits and then conducted a high-level data analysis to compare the established plan review time frames (the “Plan Review Target” in the following tables) and the actual number of days it took to issue each permit (the “Average Days Until ‘Issued’ Status”). This analysis does not directly compare target and actual time frames for plan reviews, as that was done during sample testing. Instead, its purpose is to gain an understanding of the overall process time frame in relation to the established plan review target time frames as the list does not include detailed information or data, such as a continued plan review for a resubmitted application with additional information, or the dates for billing and payment steps before and after a plan review.

TABLE 3: FY2022 Comparison of Plan Review Target and Permit Issue Time Frames Plan Review
Target (Days)
Number of Permits
with "Issued" Status
Average Number of
Days Until "Issued"
Status
Low
(Days)
Median
(Days)
High
(Days)
Over the Counter 10 3 7 0 5 17
Simple 14 46 122 8 62 539
Regular 28 168 170 13 126 748
Complex 42 299 229 14 196 743
Large New Building 70 14 465 344 449 654
*Includes actual days took for billing and payment steps for plan review fees (before a plan review) and permit fees (after a plan review) in addition to a plan review.
**A value of 0 indicates that the processing was completed on the same day.

TABLE 4: FY2023 Comparison of Plan Review Target and Permit Issue Time Frames Plan Review
Target (Days)
Number of Permits
with "Issued" Status
Average Number of
Days Until "Issued"
Status
Low
(Days)
Median
(Days)
High
(Days)
Over the Counter 10 22 32 0 28 135
Simple 14 245 69 0 54 364
Regular 28 376 131 0 118 412
Complex 42 265 150 7 140 399
Large New Building 70 N/A N/A N/A N/A N/A
*Includes actual days took for billing and payment steps for plan review fees (before a plan review) and permit fees (after a plan review) in addition to a plan review.
**A value of 0 indicates that the processing was completed on the same day.

Benchmarking and Best Practices
An efficient and effective building permitting process benefits local governments by generating revenue, optimizing resources, and improving their reputation. For communities, it leads to faster services, health, and safety. Economically, it creates jobs, stimulates growth, and increases property values. 8 DETAILED ANALYSIS
Benchmarks and best practices are accessible to local governments, allowing them to compare their processes and performance and identify areas for continuous improvement.

Benchmarking
In 2023, the NAIOP Research Foundation4 released an updated tool to compare the approval processes in the building permitting process among different jurisdictions. Using some key metrics under the following three categories, the tool focuses on evaluating approval processes, not a direct benchmark of average approval timelines or costs: transparency, accountability, and consistency. The tool was populated with 100 jurisdictions from 30 U.S. states and the Canadian providence to score and rank the relative strengths and weaknesses of approval processes. The following table is an excerpt from the California city data accompanied with the NAIOP June 2023 research brief titled “Examining development Approvals Across North America: An analysis of Site Plan and Building Permit Review Processes”5.

TABLE 5: NAIOP Research Foundation’s Development Approval Index – California Jurisdictions by Rank City
Transparency
(Points)
Accountability
(Points)
Consistency
(Points)
Weighted
Overall Score*
Rank
(Among 100 jurisdictions)
San Diego, CA 57 38 40 44 29
San Jose, CA 57 21 45 40 36
Santa Clara, CA 52 36 25 36 48
Jurupa Valley, CA 45 21 35 33 59
Carlsbad, CA 47 10 40 31 64
Palo Alto, CA 52 22 25 31 69
Chino, CA 48 10 30 28 74
Colton, CA 7 9 20 13 96
*Assigned weights for ranking are 25% for Transparency, 35% for Accountability, and 40% for Consistency. The maximum score is 120 points.

The research brief states that, as there is no obvious, significant relationship between population or income variables and scores, further study would be needed to determine if other variables such as leadership, governance structure, growth rates, tax revenues, and available human and financial resources are possible explanatory factors.

Best Practices
The NAIOP June 2023 research brief provides a few examples of best practices. Fairfax County (Virginia), ranked #1, offers applicants the option to elect an expedited review or peer/third-party design review for a project, which allows them to continue moving approvals. Examples of other jurisdictions that have implemented expedited processes for building permitting are as follows:
 Austin (Texas) ranked #5 - The Expedited Building Plan Review program in Austin accelerates the building plan review and permit process by holding a single review session with a full team of experienced plan reviewers and the applicant’s design team.  Salt Lake City (Utah) ranked #20 - Expedited projects in Salt Lake City meet Energy Star Home Energy Rating System (HERS) ratings of 85 or better.
4 https://www.naiop.org/research-foundation/ The initial funding for the NAIOP Research Foundation was underwritten by NAIOP, the Commercial Real Estate Development Association.
5 C. Kat Grimsley, Ph.D., June 2023, https://www.naiop.org/research-and-publications/research-reports/reports/examining-developmentapprovals-across-north-america/ 9 DETAILED ANALYSIS
 Seattle (Washington) ranked #25: Seattle also has an expedited process called Priority Green Expedited.
 San Diego (California) ranked #29: San Diego has a Sustainable Building Expedite Program.

The following key strategies to enhance efficiency, transparency, and overall effectiveness of the building permitting process were compiled from various publications6 discussing the importance of streamlining the process:

1. Clear Communication and Transparency
 User-Friendly Information - Provide clear, concise, and user-friendly information about the permitting process. Publish guidelines, FAQs, and step-by-step instructions on the city’s website.  Transparency in Requirements - Clearly outline the necessary documents, fees, and any special requirements for different types of permits. Transparency helps applicants prepare adequately.  Single Point of Contact - Assign a staff person responsible for coordinating activities throughout the process to improve efficiency and consistency.

2. Optimal Use of Technology
 City’s Website - Provide 24/7 access to information on the permitting process, procedures, regulations, notices, documents, and tools to allow applicants to conduct their own research prior to engaging staff.  Online Application Portal - Implement an online portal for permit applications. This allows applicants to submit forms, documents, and payments digitally, reducing paperwork and wait times.  Automated Workflow - Use workflow automation tools to route applications to the relevant departments for review and approval. Minimize manual handling and delays and enforce deadlines.

3. Standardized Review and Approval Process:
 Pre-Application Meetings - Encourage pre-application meetings with applicants to discuss project specifics and address potential issues early on.
 Process documentation - Document the steps, documents, decisions required in the building permitting process. Utilize flow charts, checklists, guidelines, etc. to be part of a comprehensive permitting guide to provide guidance through the permitting process.
 Uniform Review Criteria - Develop standardized criteria for reviewing permit applications. Ensure consistency across different projects.
 Tiered Review Process – Establish different levels of review and time frames based on project type, complexity, and other criteria. Create a process for expedited review for projects meeting specified criteria.

4. Effective Resource Management:
 Adequate Staffing – Identify staffing needs to maintain an acceptable level of services by monitoring workload and performance.
 Commitment to Training – Provide training on regulatory requirements, permitting procedures, and other relevant topics to improve consistency, knowledge, and performance. Cross-train staff members to reduce bottlenecks caused by staff shortages.
6 https://www.pvpc.org/sites/default/files/BEST%20PRACTICES%20GUIDE_0.pdf https://www.gacities.com/getmedia/c35fa795-10c7-4922-9c0b-1da4921a3ef0/Best-Practices-For-Streamlining-the-PermittingProcess.pdf.aspx https://www.nahb.org/-/media/NAHB/advocacy/docs/top-priorities/housing-affordability/development-process-efficiency.pdf https://content.aia.org/sites/default/files/2021-05/ADV21_400547_Permit_Streamlining_Component_Resource_Publication_FINAL.pdf https://www.gfdrr.org/sites/default/files/publication/BRR%20report.pdf 10 DETAILED ANALYSIS
 Third-Party Consultants – Expand staff capacity to meet established timelines by utilizing the expertise of third-party consultants as appropriate.

5. Collaboration and Coordination:
 Interdepartmental Coordination: Foster collaboration among various departments involved in the permitting process. Streamline communication and decision-making.

6. Performance Metrics and Monitoring:
 Key Performance Indicators (KPIs): Regularly track KPIs such as processing time, error rates, and customer satisfaction. Use these metrics to identify areas for improvement.  Benchmarking: Compare your city’s permitting process with other municipalities to identify best practices and areas where adjustments are needed.

7. Customer Service and Support:
 Dedicated Permit Liaisons: Assign dedicated staff to guide applicants through the process. Provide personalized assistance and address inquiries promptly.  Feedback Mechanism: Collect feedback from applicants and adjust processes based on their experiences.

KPIs that can provide valuable insights to be considered are listed below. An organization should use only the most appropriate metrics that provide useful insights based on its specific goals and objectives.

1. Timeliness of Permit Issuance:
 Percentage of Permits Issued Within Estimated Timeframe: This KPI measures the efficiency of the permitting process by tracking the percentage of permits issued within the expected time frame.  Average Permit Processing Time: Calculate the average time it takes to process a permit from application submission to issuance.

2. Quality and Accuracy:
 Percentage of Error-Free Permits: Monitor the accuracy of permit approvals by measuring the percentage of permits issued without errors or corrections.  Customer Satisfaction Survey Results: Conduct surveys with applicants to assess their satisfaction with the permitting process.

3. Quantity and Volume:
 Number of Permits Issued: Track the total number of permits issued over a specific period.  Permit Volume Trends: Analyze trends in permit volume (e.g., seasonal variations, growth patterns).

4. Process Complexity:
 Average Number of Review Steps: Count the number of review steps required for each permit application.
 Complexity Index: Develop an index that quantifies the complexity of different permit types.

5. Cost Efficiency:
 Cost per Permit Issued: Calculate the total cost of administering the permitting process divided by the number of permits issued.
 Cost Reduction Initiatives: Identify cost-saving measures and track their impact on overall process expenses.

6. Outputs and Compliance:
11 DETAILED ANALYSIS
 Percentage of Inspections Completed: Measure the rate of completed inspections relative to the total number scheduled.
 Percentage of Permits Closed Out Successfully: Assess how many permits are successfully closed out after construction or project completion.

7. System Impacts:
 Technology Adoption Rate: Evaluate the adoption of digital tools and systems for permit applications and tracking.
 System Downtime: Monitor any disruptions in the permitting system due to maintenance or technical issues.

12 Audit Results
Finding 1: Policies and Procedures
Although the BD has some written P&P, they are informal and fragmentary. Comprehensive P&P have not been formally established for the building permitting process, which is essential to guide the BD staff in decisionmaking and to communicate management’s expectations. According to BD management, they needed to prioritize maintaining daily operations over developing formal P&P. Management has also dealt with a permitting system change and plan review process changes during our two-year audit period.

P&P play a crucial role in the City’s building permitting process for the following reasons: consistency and transparency, efficiency, risk mitigation, legal compliance, accountability, and quality control. Standardization is one strategy to improve the City’s building permitting process, enhancing the overall experience for applicants, fostering better relationships between the public and the City.

Without formally establishing comprehensive P&P, the BD cannot ensure efficient and effective permit issuance, as well as accurate billing. Our testing of selected permit applications received in FY2022 and FY2023 revealed longer processing time than management’s expectations and some discrepancies in permit fee calculations.

Recommendation
Management should establish and implement comprehensive P&P for the BD's critical processes, including:
 Application Processing
 Plan Review
 Permitting Fee Billing and Collection
 Permit Issuance
 Performance Monitoring
The P&P should include the components that ensure clear, efficient, and transparent building permitting processes to improve the overall experience for applicants while maintaining safety and regulatory standards.

For example, the P&P should identify clear staff roles and responsibilities, technologies to maximize efficiency, as well as flowcharts and checklists to illustrate the steps in the permitting process and descriptions of the mandatory steps and required documents.

Management Response
Responsible Department(s): Building Official; CDD-Building Division Action Plan:

The Building Division (BD) acknowledges a need for comprehensive internal business operations that result in external improvements. The BD acknowledges that it does not have a comprehensive Policies & Procedures Manual for internal building permitting process to guide the BD staff in decision-making, workflow process and to communicate management’s expectations. The BD will work with the Technology and Communication group within CDD to establish and track permitting processes. Management will ensure that such a manual is developed and believes that doing so will result in transparency and efficiencies in the work that BD and other city departments/division perform to process building permit applications.

Additionally, it is important to note that the BD has developed a library related to the services that permit technician and plan check teams perform on a daily basis; permit application processing and routing for plan review and issuance as part of our Accela Permitting Software Implementation. The Division has developed (G bakertilly
13 AUDIT RESULTS
several templates for typical plan review comments including code reference sections for different project types, these are guides that are utilized during our plan review to ensure that all permit applications comply with all applicable codes, regulations, local ordinances and resolutions. This interactive digital library is regularly maintained and referenced by all of our permit technicians and plan review staff and is available to all City users of Accela. The library is also used to train staff. Expanding this guide and incorporating the various handouts and CBO Directives and policies that have already been established to develop a comprehensive P&P manual for use by all BD staff will be a valuable step for the Division.

The Building Division will prioritize establishing comprehensive business operations and the utilization of technology tools to track and monitor performance metrics. Together, this will enable an improved and transparent process.

Estimated Completion Date: Initial draft by December 2025, completion by June 2026 Finding 2: Timeliness of Permitting Process
Baker Tilly reviewed 45 applications selected from the permit applications that were submitted in FY2022 and FY2023 for which permits were issued7 as of September 2023. Based on our test results listed below, the plan review process is not consistently completed within the target time frames established by the City.  23 of 45 initial plan reviews did not meet target time frames.  35 of 45 applications required additional plan reviews. 29 of 35 applications did not meet target time frames established for additional plan reviews.

Additionally, we performed high-level data analysis to determine the average number of days taken to issue permits using the list of the permit applications submitted in FY2022 and FY2023 (see Plan Review Time Frame Data Analysis section above).

Positive Observations of Note:
 For FY 2022/23, the average number of days until applications reached “Issued” status decreased across most permit types compared to FY 2021/22.
 The median days to issue generally improved from FY 2021/2022 to FY 2022/23, indicating a faster processing time.

However, the results also show that average number of days until applications reached “Issued” status are notably higher than the plan review target time frames, indicating the existence of considerable delays in the permitting process. It is worth noting that some delays may be due to extenuating circumstances that are outside of the Building Division’s control, such as delayed plan review by other City stakeholders (Planning, Fire, Engineering and Utilities), customer application omissions, customer requests, or continued plan reviews for resubmitted applications.

We also analyzed a sample of applications to determine the duration of key process steps, including those before and after plan review (Appendix A). The following was noted:
 Two applications were not routed for a plan review over a week after a plan check fee was paid.  Permit fees for five applications were invoiced over a week after a plan review was completed.  A permit was not issued for two applications over one week after permit fees were paid.

Though delays in the permitting process can result from various factors, it is clear that there are opportunities for improvement. Performance monitoring by management is crucial to identify the cause of a delay and improve the timeliness of plan reviews. The BD has two key performance measures and reports the actuals against target time frames in the City’s annual operating budget document (Table 1). However, the BD does not have a 7 Permit applications for which permits were issued consisted of permit applications with “Issued” or “Finaled” status. 14 AUDIT RESULTS
formal, ongoing monitoring process used to identify inefficiencies in the permitting processes and optimize resource allocation.

A delayed building permitting process can have far-reaching consequences and could impact an applicant’s project timelines, costs, and customer experience, while also potentially affecting the City’s economic development. The City’s high quality and efficient services are essential for timely and effective construction and development in the community.

Recommendation
Management should strengthen its performance monitoring of the building permitting process, reevaluate its use of department metrics and system capabilities, and leverage those tools to identify areas for improvement.

Regularly assessing the process against these metrics throughout the year allows timely action to enhance efficiency. Additionally, maximizing the use of the City’s permitting system reporting function enables effective tracking, measurement, and performance analysis.

Furthermore, Management should gain an understanding and formally document the reasons behind applicants’ resubmissions, particularly when additional information is provided. By updating permitting process information or conducting pre-application meetings, local authorities could potentially reduce the frequency of resubmissions.

Management Response
Responsible Department(s): CDD-Building Division, CDD-Planning Division, SCFD-Community Risk Reduction Division, DPW, Solid Waste, Traffic, Stormwater, Water & Sewer, Environmental FOG, Recycled Water, SVP and Parks & Rec.

Action Plan:

Management acknowledges room for improvement, particularly in achieving the stated target plan review timelines specified for each group of project types. However, it is important to note that the processing timeframes cited within this report include the time that the applicant took to respond to the City’s comments. As such, the data does not solely reflect the City’s processing timeframe. The lack of segmented data is a reflection of the City’s current permit tracking system and unfortunately, discrete data could not be provided to Baker Tilly to fully access the staffs’ processing time. This a limitation of how the permit tracking system was configured and the City will work with IT to correct the issue.

The BD will take steps to modify our process and policy in an effort to reduce any delays in the resubmission process that the City can control. BD will continue to update permitting process information and offer preapplication meetings for a broader group of project types. In addition, after the second round of review, BD plancheck staff will offer to meet the applicant and design team on coordinated plan review comments and responses required. Together, these steps will aim to resolve confusion or misunderstandings between the applicant and the City.

BD will also work with key City stakeholders to evaluate and develop comprehensive programs to meet the specific needs of the Santa Clara’s Development Community; concepts including but not limited to, One Stop Permit Shop, Tenant Improvement (TI) Tuesdays, Residential Remodels OTC, etc. It should be noted that a One Stop Permit Shop will require significant operational changes and capital investment. Such a project is a multi-year effort.

The following items will be implemented expeditiously:

1. Beginning in June 2024, after learning of this report’s preliminary findings, our Permit Tech Team began sending out an active review tasks report on a weekly basis to all City stakeholder plan reviewers. 15 AUDIT RESULTS

2. BD created detailed submittal requirements handouts for different type of project such as Single-Family Dwelling, Duplex, ADU, Multifamily, Mixed Use, etc. and made them available on the BD website in May 2024 to assist applicants in preparing a complete permit submittal.

3. Streamline and expand Over The Counter (OTC) and simple permit type applications by June 2025.BD already offers a streamlined building permitting processes for limited residential projects (Simple Building Permits and SolarApp+). With these Simple Building Permits and SolarApp+, the applicant can typically receive approval for your building permit within 1-2 business days.

4. Developed a pre-approved ADU Plan Program to reduce the time required for plan check resulting in faster permit issuance. This pre-approved ADU plan program was made available on BD website in August 2024. The BD will monitor the effectiveness of the program.

5. BD launched a “Plan Check Dashboard” in August 2024, showing active review tasks for all Building plan reviewers and consultants with target due dates. The Plan Review manager uses this Dashboard twice a week to monitor the plan reviewer’s workload and any potential overdue Building review tasks.

6. BD has developed two new reports to monitor the performance of Building review tasks for different review types (OTC, Simple, Regular, Complex and Large New Building) Prior to the release of this audit, the Plan Review manager would run these reports quarterly, effective July 2024 these performance reports will be run on a monthly basis.

7. BD has developed a new report, monitoring the performance of the review tasks of all other stakeholders participating in the Building Permit review process. This performance report is run on a weekly basis and distributed to all plan review stakeholders.

8. The Building Official will work with the CDD Director and Directors of other departments to see if the target review timeframe can be reduced for some review types.

Estimated Completion Date: August 2025
Finding 3: Permit Fees
The City of Santa Clara Municipal Fee Schedule is approved by the City Council annually and incorporated in the fee calculation formula in the City’s permitting system. Permit fees are calculated and invoiced to an applicant before and after a plan review as follows:

1. After receiving a building permit application and ensuring the completeness of the application, a Permit Technician assigns plan review fees to the application in the City’s permitting system based on the information provided by the applicant. The City’s permitting system calculates a total fee and generates an invoice to an applicant.

2. When the plan review is completed by all required departments, a Permit Technician assigns fees for permit issuance to the application in the City’s permitting system. Again, the system calculates a total fee and generates an invoice to the applicant.

Baker Tilly tested permit fee calculations for 45 applications (for which the total job value was $334M and fees totaled over $3M) selected from all applications the City received in FY2022 and FY2023 and noted that building permit fees were not always calculated accurately in accordance with the applicable Municipal Fee Schedules.

The invoices for seven out of 45 applications reviewed had discrepancies due to the following reasons:
 Overridden fee calculations
 Wrongly added fees
 Lack of supporting documentation/ explanation for the information used for invoice calculation Regarding some of the discrepancies noted above, the BD management explained that the issues had been identified soon after implementing the new permitting system, along with additional issues created by the workaround used. According to the BD management, although the issues were resolved over two years, no 16 AUDIT RESULTS
refund was processed for overcharges, nor were additional fees collected for undercharges related to these issues.

Additionally, the BD has not implemented formal procedures to ensure the accuracy of the fee calculations during or after the permit fee billing process although the BD management stated that an informal spot check of certain types of permits had been done. As fee calculations can be prone to errors for complex or unique plans/circumstances when a Permit Technician is assigning fee items to an application, it is important to implement mechanisms to check the accuracy and correct errors in a timely manner. Without recurring formal procedures in place to check the appropriateness of the fee items assigned, the validity of overridden fee calculation, and the use of correct Municipal Fee Schedules, the City cannot ensure that permit fees are accurately charged to every applicant in accordance with the approved Municipal Fee Schedules.

The purpose of building permit fees is to cover the costs associated with the permit application review process, inspections, administrative overhead, and other expenses incurred by the City to ensure compliance with building codes and regulations. Inaccurate building permit fees can result in either overcharging applicants or undercharging applicants in relation to the approved Municipal Fee Schedules. Accurate permit fees are crucial for the City to maintain financial stability, operational efficiency, and public trust.

Recommendation
Management should implement the following mechanisms to ensure the accuracy of building permit fees charged to applicants:
 Comprehensive Manuals and Training – Provide comprehensive manual (including exceptions for special instances, approval for overrides) and training to Permit Technicians.  Testing of Fee Correctness, Completeness and Calculation - After a new approved Municipal Fee Schedule is loaded in the permitting system each year, conduct testing of fee calculations to verify the accuracy and completeness of a new fee schedule in the system and the accuracy of calculations performed by the system.
 Timely Secondary Reviews of Invoices - Before permit issuance, perform timely secondary review of invoices for certain applications that are prone to errors. Additionally, conduct periodic spot checks of fee calculations for a sample of applications if secondary reviews are not performed for all invoices.

Timely action is necessary to address identified errors and issues.  Refresher Training for Permit Technicians – Provide refresher training to Permit Technicians to share information about errors, issues, and resolutions identified through secondary reviews and spot checks.

Management Response
Responsible Department(s): Permit Center Supervisor; CDD-Building Division Action Plan:

Management acknowledges that a more formal review process of permit fee invoices should be implemented.

As such, a review process by the Senior Permit Technicians has already been implemented to review all fee invoices prior to their release. A formal tracking process has been instituted, and those findings will be reviewed and analyzed on a monthly, quarterly, and annual basis to identify any potential trends or issues that need to be resolved.

The BD will develop a comprehensive P&P to improve the accuracy of fee invoicing within the Building permitting process.

1. Further develop an interactive digital P&P manual, referenced in finding #1, to include a section on the assessment of fees.
17 AUDIT RESULTS

2. In May 2024 BD implemented a standardized review process for all Building permit fee invoices performed by the Senior Permit Techs and/or the Permit Center Supervisor to identify any reoccurring errors and provide real-time training and updates.

3. In January 2024 the Permit Tech workgroup instituted a regular weekly meeting program to provide training and review daily operating procedures to ensure consistent application of the Divisional P&P.

Department management will also consult with the City Attorney’s Office and the Finance Department regarding the fee refunds for known instances when customers were overcharged.

Estimated Completion Date: June 30, 2025
Finding 4: Performance Monitoring and Process Improvement While the City utilizes two key performance measures to track the timeliness of plan reviews as part of its annual budget reporting (Table 1), the BD does not have a robust, formal mechanism that utilizes additional performance metrics for monitoring building permitting processes to track progress, identify areas for improvement, and make informed decisions.

Additionally, although the BD conducted a customer survey for the Building Permitting Online Portal in the past and can receive feedback online and in person, the BD does not have a formal process for receiving, tracking, and responding to customer feedback in a manner that allows for analyses and subsequent improvements to the building permitting process. Customer feedback is essential for improving customer satisfaction, identifying areas for improvement, fostering transparency and accountability and enhancing the organization's reputation.

Without analyzing and addressing customer feedback, the City cannot continue to improve the building permitting services effectively.

According to the BD management, they have utilized the ad hoc reporting tools in the permitting system to monitor the status of plan reviews and overall building permitting activity only sporadically. The BD management has prioritized department services and maintaining daily operations due to limited resources and workload, rather than developing mechanisms for documenting and monitoring division performance.

We noted that the permitting system, which includes the fee payment status, was effectively utilized to ensure that a permit was not issued before both the plan review fees and the permit fees were paid. However, without periodically monitoring performance against well-defined key performance metrics based on the BD’s goals and objectives, the BD cannot identify problematic areas related to the efficiency, quality, accuracy, compliance, and resource allocation in the building permitting process.

Recommendation
The BD management should establish formal mechanisms for periodically monitoring building permitting processes to evaluate performance and identify areas of improvement in efficiency, effectiveness, compliance, and accountability. In doing so, the BD should define appropriate performance metrics aligned with its goals to drive continuous improvement and utilize the reporting capabilities of the permitting system.

Additionally, the BD should implement a systematic approach for collecting customer feedback. This approach should allow for effective tracking, timely responses, and informed decision-making to enhance the quality of services provided to customers.

Management Response
Responsible Department(s): Building Official; CDD-Building Division Action Plan:

Department management will ensure that a process to collect and analyze customer feedback is implemented.

A. The BD will create two customer satisfaction surveys—one that is short that tracks general level of satisfaction of service, and another that allows for longer evaluation/comments. 18 AUDIT RESULTS
a. Develop a customer feedback database to effectively track issues, responses, identify common or ongoing challenges, etc. Regularly review the feedback on a monthly, quarterly and annual basis with staff to improve overall customer service and the customer experience with the BD.

B. The BD will develop the following reports and performance metrics to support all City Stakeholders in the Building Permit review process. This information, data and analytics will assist in the oversight and management of the plan review process and improved overall performance.

1. A report showing all active review tasks and their due dates for all City stakeholders involved in the Building permit review process. The BD will utilize this information in a quarterly report to all City stakeholders identifying areas improvement and tracking progress.

Modify performance measures not just of the whole process ex. current performance measure is “percent of regular cycle plan checks performed within target dates at 4, 6, 8,10 weeks” but rather also include individual measures for all the Departments participating in the Building Permit review process.

2. The Performance Measure would written instead as
i. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks”
ii. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Building”
iii. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Fire”
iv. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Public Works
v. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Water & Sewer
vi. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by Parks”
vii. “percent of regular cycle plan checks performed within target dates at 4, 6, 8, 10 weeks by SVP”
Estimated Completion Date: June 30, 2025
19 Appendix A: Resumes
Appendix
ct bakertilly
20 Appendix A: Permitting Process Timeline
Baker Tilly analyzed the process steps and the time taken for each step for 45 permit applications selected as described in the Methodology section.
*The duration was considered to be 0 days when billing (❼) occurred before a plan review completion date (❻). ** The duration from a plan review end date (❻) to a permit issuance date (➒) is shown when the final fee billing was paid before a plan review end date.

TABLE 6: Duration of Permitting Process Steps
Process
Duration
(Days)
❶ to ❷ ❸ to ❹
Application to
Review Start
(❶ thru ❹)
❹ to ❻ ❻ to ❼* ➑ to ➒
Review End to
Issuance**
(❻ thru ➒)
Average 9.6 2.1 16.5 136.1 5.9 2.3 11
Median 2 0 8 90 0 0 2
Longest 217 49 100 553 78 21 81
Shortest 0 0 0 1 0 0 0

BILLING
A Permit Technician
reviews application for
completeness.

If complete, plan review
fees are assessed and
billed . If incomplete,
correction or additional
information will be
requested.

PLAN REVIEW START
A Permit Technician
creates a workflow in
permitting system to
route an application to all
applicable departments
for review.
•

PLAN REVIEW END
All required reviews
have been completed
and approved.

FEE PAYMENT

PERMIT APPLICATION
Application and plans
are submitted following
the instruction in the
City's webpage.

Invoice is required to be
paid before a plan
review. RESUBMISSION
If necessary, all pertinent
revisions need to be
made for resubmission .

BILLING
A PermitTechnician
assess and bills fees for
permit issuance.
•

PERMIT ISSUANCE
Permit for an approved
plan is issued.

City of Santa Clara
.
•
Applicants

FINAL FEE PAYMENT
Invoice for a permit is
required to be paid
before permit issuance.
1 DATE: April 7, 2025
TO: Jovan Grogan, City Manager
David Noce, Audit Manager
FROM: Afshan Hamid, Community Development Director
SUBJECT: Executive Memo on Baker Tilly Audit
____________________________________________________________________________________________ Background
In early 2023, the City of Santa Clara initiated an audit to evaluate the Building Permit (“permit”) process. Annually a risk assessment is conducted by the City to identify concerns that may be in order to assist the City accomplish its goals and objectives. This involves a number of processes but central to the assessment is interviews with Council Members and department heads, along with other staff as needed. Once areas of concern are identified, the City then prioritizes Departments to conduct audits for opportunities to enhance our internal processes and services provided to the residents. The building permit audit was identified during this process as the City heard from a number of council and staff that there were questions about the efficiency of the process. The Audit Committee agreed with the assessment and approved the initiation of the audit.

The audit to primary objectives were to:

1. Assess whether internal controls in the permitting process are effectively designed and implemented to ensure compliance with City Code and relevant regulations.

2. Evaluate whether the permit process is efficient and responsive, with mechanisms in place to ensure timely customer service.

3. Determine if billing and collections of permit fees and fines are properly managed to uphold financial accountability.

The Building Division acknowledged existing gaps in the process and has been actively implementing improvements. Since the audit began, the department has undergone significant transitions, including recovery from the COVID-19 pandemic, retirements, staff turnover, and leadership changes. A new Building Official was promoted in September 2022, followed by a new City Manager in May 2023, and a new Community Development Director in November 2024. These transitions have influenced the timing of the audit's implementation. The audit findings have been reviewed by the new leadership team, who acknowledge the areas for improvement and are committed to addressing them. Once City Council reviews the findings and provides direction, staff will develop a detailed workplan to implement systematic changes.

City of
Santa Clara
The Center of What's Possible
2 Department Overview
The Community Development Department (CDD) comprises of three divisions and one group: the Planning Division, Housing and Community Services, Building Division, and the Innovation Group.

While each plays a role in the permitting process, the Building Division is the primary entity responsible for oversight.

The Building Division consists of 51.71 Full-Time Employees (FTE) and is structured into two main teams: the permit review group and the inspection group. Leadership is provided by the Building Official and the Assistant Building Official, mirroring the organizational structures of cities of similar size.

In 2018, the City implemented the Accela Civic Platform, including Accela Citizen Access (public portal) and partnered with True Point Solutions for technical services. The platform launched in 2021, transitioning the department to a fully digital permitting process in response to COVID-19. In 2022, a Management Analyst was added to the team to act as a technology leader for the department, managing and implementing improvements to the City’s enterprise permitting system and other technology tools. In August 2023, the role expanded to include web content management.

Since then, the roles and services have evolved and become more integral to the department and is now called the Innovation Group. The Innovation Group supports all of CDD and leverages new technology platforms and department wide communications. This team is integral to customer service and digital transformation initiatives.

The permitting process involves multiple internal departments (e.g., Community Development, Public Works, Traffic Division, Fire Department, Silicon Valley Power, Water & Sewer Utilities) and external agencies such as the Santa Clara Unified School District. The Building Division coordinates all inputs and serves as the central hub for technical reviews via the Accela platform.

Audit Response and Staff Commitment
The Building Division staff are fully engaged in day-to-day operations and committed to delivering excellent customer service. Throughout the audit, staff have collaborated transparently—sharing documentation, identifying gaps, and contributing frontline insights. Even prior to the formal release of audit findings, the Building Division and Innovation Group began addressing concerns, examining internal systems, resource allocation, and capacity. Improvements in the department have begun and staff were able to extract data of a newly launched Qmatic program at the front counter. The following is from July 1, 2024 – March 26, 2025. During this timeframe the department served over 3,600 customers and 210 responded to the survey.
• 87.6% gave a 5/5 when asked to rate their Permit Center experience. • 86.1% gave a 5/5 when asked to rate the wait times.
• 90% gave a 5/5 when asked to rate their satisfaction with the staff member they worked with. • 87.1% say the Department were able to resolve their issue.

Below are the key internal improvements along with actions taken, those in progress, and future plans:
3 Finding 1: Policies and Procedures

1. Completed, January 2024: The Accela Knowledge Base (AKB) is a centralized staff resource supporting the City’s enterprise permitting system. With over 150 employees using the platform and nearly 9,000 visits in 2024, the AKB has improved consistency, reduced staff response time, and enhanced service delivery for the public.

2. Completed, December 2025: The initial draft of the Policies & Procedures manual completed. The framework and outline have been developed.

3. In Progress: Project parameters established to document divisional Policies & Procedures within workgroups—complete by June 2025.

4. In Progress: Concurrently develop new and modify existing workflow models to assist customers understanding of City’s Building permit review processes.

5. In Progress: Develop and modify existing division handouts across the board to assist customers to make them user friendly.

6. In Progress: Improve the AKB to expand knowledge management and training resources, including updates to internal documentation and support tools to ensure consistent system use and best practices.

Finding 2: Timeliness of Permitting Process

1. Completed March, 2023: Launched Simple Permits (for limited residential projects) and SolarApp+ resulting in 1-2 days approvals with 70% permits issued same day. The Building Division and the Innovation group collaborated to streamline building permitting processes.

2. Completed, March 2023: Improved Plan Review timelines for 4,6,10 weeks in first plan review. Subsequent reviews are at 50% of timelines.

3. Completed, May 2024: Created detailed submittal requirements handouts for different types of project such as Single-Family Dwelling, Duplex, ADU, Multifamily, Mixed Use, etc. and made them available on the Building Division website for a complete permit submittal.

4. Completed, June 2024: “Active Review Task/Workflow” to assist all City Stakeholders understand the status of all projects actively “In Review” allowing stakeholders to easily see any overdue projects and understand the total scope of projects in the review que.

5. Completed, July 2024: Reporting and monitoring the performance of Building review tasks for different review types (OTC, Simple, Regular, Complex and Large New Building). Prior to the release of this audit, the Plan Review manager would run these reports quarterly, effective July 2024 these performance reports are run on a monthly basis.

6. Completed, August 2024: Developed a pre-approved ADU Plan Program to reduce the time required for plan check resulting in faster permit issuance. This pre-approved ADU plan program was made available on website in August 2024. The division will monitor the effectiveness of the program.

7. Completed, August 2024: Launched a “Plan Check Dashboard”, showing active review tasks for all Building plan reviewers and consultants with target due dates. The Plan Review 4 manager uses this Dashboard twice a week to monitor the plan reviewer’s workload and any potential overdue Building review tasks.

8. On-going: Streamline and expand Over-the-Counter (OTC) and simple permit applications by June 2025. With the expanded Simple Building Permits, the applicant can typically receive approval for building permits within 1-2 business days.

9. In Progress: Building Division is evaluating the plan review target timelines and coordinating with our internal stakeholders to reduce the timelines for various project types.

10. Future Workplan: Integrate permit system data with other City platforms, such as GIS and SolarAPP+, to provide a more holistic view of land use and development activity and provide more self-help records requests options.

Finding 3: Permit Fees

1. Completed, September 2023: Implemented automated fee calculations in Simple Permits and SolarAPP+ for projects with known variables, reducing manual data entry and minimizing errors.

2. Completed, January 2024: The Permit Tech workgroup instituted a regular weekly meeting program to provide training and review daily operating procedures to ensure consistent application of the Divisional Policy & Procedures.

3. Completed, May 2024: Implemented a standardized review process for all Building permit fee invoices performed by the Senior Permit Techs and/or the Permit Center Supervisor to identify any reoccurring errors and provide real-time training and updates.

4. In Progress: Developing a comprehensive Policy & Procedures manual, in accordance with finding #1, with a detailed section on permit fees.

5. In Progress: Developed a QC program that reviews random permit records on a monthly, quarterly and annual bases to verify all aspects of the permitting process from intake to issuance.

Finding 4: Performance Monitoring and Process Improvement

1. Completed, July 2024: Implemented a customer feedback survey that is automatically sent to all customers who visited the permit center once their appointment was completed.

2. In Progress: Expand our use of customer surveys to better understand any gaps in service and ways to improve the customer experience, including after submitting an application.

3. Completed, March 2024: Developed and implemented several internal reports to improve transparency for all City stakeholders and reduce the occurrence of late plan reviews.

4. In Progress: Working with all stakeholders to review and assess plan review performance measures.
5 5. Completed, 2023-24: Streamlined key permitting workflows and automated internal processes, reducing manual staff effort and improving turnaround times for permit processing, such as the Planning Zoning Clearance and the SolarAPP+ revisions application.

6. Ongoing: Advanced the City's Enterprise Permitting System by leading strategic improvements to the Accela Civic Platform, enhancing the user experience for both staff and the public and laid the foundation for more improvements to come.

7. Completed, July 2024: Solar App+ Revisions launched to automate revisions for the permits.

8. Completed, July 2024: New queuing and appointment booking app for Permit Center launched.

9. Completed, 2024: Streamlined Planning Division applications for administrative approvals.

10. Ongoing: Expand knowledge management and training resources in the Accela Knowledge Base for staff, including updates to internal documentation and support tools to ensure consistent system use and best practices.

11. Ongoing: Leverage system analytics and reporting tools to support data-informed decision making and continuous process improvement within Community Development and across departments.

12. Ongoing: Collaborate on Citywide digital transformation efforts, using the Permitting Online Portal as a model for service delivery modernization and customer-centered design.

13. August 2025: Complete a comprehensive web content audit to improve accessibility, clarity, and user-experience across Community Development webpages, aligning with WCAG standards and best practices for a Permit Center website while supporting the launch of the redesigned Permitting Online Portal.

Organizational Assessment
In February 2025, the City launched an organizational assessment, with the Community Development Department (CDD) among the first evaluated. The assessment, along with the audit by Baker Tilly, will help identify structural, operational, and capacity-related strengths and challenges.

Leadership, management, and staff across CDD and partner departments are aligned in their commitment to improve the permitting process.

Next Steps
Once the audit committee and City Council provide guidance, staff will present a detailed workplan that includes performance metrics, improved timelines, robust use of Accela, and documentation of systematic improvements.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1044 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Action on the FY 2024/25 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as Presented by the SCTID Owner’s Association (the DMO)

BACKGROUND
The Santa Clara Tourism Improvement District (SCTID), initially formed in 2005 pursuant to the Parking and Business Improvement Law of 1989, includes 11 hotels near the Santa Clara Convention Center: AC Hotel Santa Clara, Avatar Hotel Santa Clara, Delta Hotels Santa Clara Silicon Valley, Embassy Suites by Hilton Santa Clara Silicon Valley, Hilton Santa Clara, Hyatt Centric Santa Clara Silicon Valley, Hyatt House Santa Clara, Hyatt Regency Santa Clara, Santa Clara Marriott, Element Santa Clara, and TownePlace Suites San Jose Santa Clara.

On May 25, 2021, at the request of the lodging businesses, pursuant to the Property and Business Improvement District Law of 1994 (1994 Law), Streets and Highways Code Section 36600 et seq. the City Council approved Resolution No. 21-8694 establishing the Santa Clara Tourism Improvement District to fund sales and marketing efforts supporting convention and group business travel.

The SCTID was formed for a five-year term (July 1, 2021 - June 30, 2026), and the assessment method was changed from a flat $1.00 per occupied room night to 1.5% of gross short-term (30 days or less) room rentals for 10 or more rooms, effective beginning in FY 2021/22. On June 6, 2022, City Council actions included support for the Silicon Valley/Santa Clara DMO, Inc.'s proposed SCTID assessment increase from 1.5% to 2.0% which went into effect July 1, 2022.

Per the SCTID's Management District Plan, the Silicon Valley/Santa Clara DMO, Inc. dba Discover Santa Clara® (the DMO) serves as the SCTID Owner's Association and is responsible for managing the affairs of the SCTID as well as implementing activities and programs as outlined in the Management District Plan. The DMO has an active contract with the City to provide destination marketing services through June 30, 2026.

DISCUSSION
Pursuant to Section 36650 of the Streets and Highways Code, the SCTID Owner’s Association is required to file an Annual Report to the clerk that includes the following:
· Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district; · The improvements, maintenance, and activities to be provided for that fiscal year; ·  An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year;
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· The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year; · The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and
· The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

The Annual Report was approved by the DMO Board of Directors on September 18, 2025. Staff is transmitting the SCTID’s Annual Report to the City Council for compliance with the 1994 Law. It should be noted that for additional transparency for the benefit of City Council and the public, the DMO Annual Report provides detailed information (including line-item detail of the FY 2025/26 Annual Budget) that is beyond the requirements of Section 36650.

The annual report is organized as follows:

1. Team Achievements & Industry Accolades.

2. Community Stakeholder Engagement Highlights.

3. FY 2024/25 Accomplishments listed for Sales, Marketing and Administration & Operations.

4. Boundary: In FY 2024/25, two new lodging businesses - Placemkr Santa Clara and AVE Santa Clara - opened within the SCTID boundary and became subject to the assessment. Unlike the existing 11 hotels, these properties operate as apartments with units available for short-term stays. The City formally notified management of their inclusion on May 6, 2025.

5. Enhancements, Initiatives & Future Focus: The improvements and activities planned for FY 2025/26 consistent with the Management District Plan.

6. FY 2024/25 Financials: As of this writing, the DMO expended 83% of the Operating Budget.

The detailed financial report is included as Appendix A in the Annual Report.

7. Key Performance Indicators (KPIs): Results of the FY 2024/25 KPIs are reported.

8. Cost: Provides the budgeted cost for each DMO Program for FY 2025/26. The FY 2025/26 Operating Budget is $4.0 million which is approximately a 14% or $482,516 increase from the FY 2024/25 Operating Budget.

The rise in operating costs is primarily driven by increased expenditures in the Marketing and Administration & Operations programs.

In Marketing, contract services are increasing with the addition of a Marketing Agency of Record (AOR) to provide strategically aligned public relations, digital advertising, photography, and videography support to build destination awareness and drive business. Advertising costs are also rising with planned campaigns, including a CBS partnership to promote SCTID hotels and the City of Santa Clara through the San Francisco 49ers Experience, and an Expedia Weekend Campaign designed to drive overnight stays during a critical need period.

In Administration & Operations, the Administrative Services Manager role was elevated to Director of Business Operations to attract top talent, with the position filled in January 2025 at an increased salary to reflect the elevated role. Contract services are also rising due to two agreements with Civitas Advisors for ongoing consulting and support of the DMO’s renewal process.

9. Surplus and Other Funding: The surplus includes SCTID collections that have been carried City of Santa Clara Page 2 of 3 Printed on 9/19/2025
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25-1044 Agenda Date: 9/23/2025
over from previous years.

The City Council may approve the report as filed or may modify any portion of the report (e.g., addition of clarifying language, cost) and approve it as modified. Any proposed modification to the Management District Plan itself can only be made after a noticed public hearing on such proposed changes pursuant to the procedures set forth in Sections 36635 and 36636 of the CA Streets and Highways Code.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The City receives 2% of the amount from the assessment collected to cover its costs of collection and administration. Of the FY 2025/26 projected revenue of $3.5 million, the City is projected to receive approximately $70,000.

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

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

RECOMMENDATION
Approve the FY 2024/25 Annual Report for the Santa Clara Tourism Improvement District (SCTID) as presented by the SCTID Owner’s Association (the DMO).

Reviewed by: Chuck Baker, Assistant City Manager
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Santa Clara Tourism Improvement District FY 2024/25 Annual Report

2. Santa Clara Tourism Improvement District PPT Presentation City of Santa Clara Page 3 of 3 Printed on 9/19/2025
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Discover Santa Clara® FY 2024/25 Annual Report Page 1 of 56 FY 2024/25 Annual Report
THINK BIG. LOOK FORWARD. September 18, 2025
Santa Clara
Tourism Improvement
District

DISCOVER
A
Discover Santa Clara® FY 2024/25 Annual Report Page 2 of 56

TABLE OF CONTENTS
SILICON VALLEY/SANTA CLARA DMO, INC. BOARD OF DIRECTORS..............................3 LETTER FROM THE CEO.......................................................................................................................................4 DISCOVER SANTA CLARA® CULTURE STATEMENT.......................................................................5 ORGANIZATIONAL SUCCESS: TEAM ACHIEVEMENTS & INDUSTRY ACCOLADES5 COMMUNITY & STAKEHOLDER ENGAGEMENT HIGHLIGHTS.................................... 5 FISCAL YEAR 2024/25 ACCOMPLISHMENTS.....................................................................................6 Convention Sales, Incentives and Services..........................................................................6 Marketing & Communications.....................................................................................................13 Administration and Operations ................................................................................................. 21 BOUNDARY.................................................................................................................................................................23 ENHANCEMENTS, INITIATIVES, AND FUTURE FOCUS...............................................................24 FY 2024/25 FINANCIALS.................................................................................................................................29 KEY PERFORMANCE INDICATORS (KPIs) ..31
COST...............................................................................................................................................................................34 ASSESSMENT ...........................................................................................................................................................35 SURPLUS AND OTHER FUNDING.................................................................................................................39 Appendix A FY 2024/25 Financial Report.................................................................................. 40 Appendix B FY 2025/26 Operating Budget ...............................................................................46 Appendix C Assessed Businesses 51
Appendix D Team Achievements & Industry Accolades .. .52 Appendix E - Community & Stakeholder Engagement Highlights . 53 Appendix F - Sales Team Event Highlights . 54
Appendix G - Marketing & Communications Highlights ....55

Discover Santa Clara® FY 2024/25 Annual Report Page 3 of 56 SILICON VALLEY/SANTA CLARA DMO, INC. BOARD OF DIRECTORS Catherine Lentz, Chair
Forty Niners Stadium
Management Co.

Oct. 2022 Oct. 2027
Term 2
Kelly Carr, Vice Chair
OVG360
Oct. 2023 August 2025
Term 2
Christine Lawson
Secretary/Ex-Officio
Discover Santa Clara®
Nov. 2022 Oct. 2025
Term 1
Chuck Baker
Ex-Officio
City of Santa Clara
City Manager Designee
Oct. 2024 Oct. 2027
Term 1
Nany Fullmore
Treasurer
Marriott Santa Clara
Oct. 24 Oct. 2026
Barb Granter
Board Member
Oct. 2022 May 2025
Term 1
Lorne Ellison
Board Member
Levy Restaurants
Oct. 2023 June 2025
Erin Henry
Board Member
Hyatt Regency Santa Clara
Oct. 2024 Oct. 2027
Term 1
Billy Mendez Moreno
Board Member
Delta Hotel, Santa Clara Silicon Valley
Oct. 2024 Oct. 2025
Linh Lam
Board Member
City of the Santa Clara
Oct. 2024 Oct. 2027
Term 1
California's Great America
Discover Santa Clara® FY 2024/25 Annual Report Page 4 of 56

LETTER FROM THE CEO
On behalf of the Discover Santa Clara® (DMO)
Report - a reflection of a year defined by progress, momentum, and laying the groundwork for even greater success ahead. This year marked our first with a fully deployed sales team, and the impact was immediate. Together, we expanded our reach through proactive prospecting, high-value tradeshows, and client engagements, all while strengthening collaboration with our SCTID hotel partners. These efforts have grown our lead volume, deepened planner relationships, and built a stronger group pipeline.
website, the Santa Clara Visitors Guide, and a rich library of photography and video including a dynamic sizzle reel. We experienced tremendous growth across our social media platforms, strengthening destination awareness and deepening relationships with key meeting planners through targeted, high-value content. Partnering with our new Agency of Record, Madden Media, we continued to refine our brand voice, advanced high-profile campaigns, secured strong media coverage, and, importantly, built a comprehensive Super Bowl LX and FIFA World Cup 2026 (SBLX/FWC26) Activation Plan, now moving into its final stages of build-out for flawless execution.

Operationally, we continued to strengthen our organizational foundation - advancing the SCTID renewal process, preparing for our first financial audit, and reinforcing our commitment to transparency, accountability, and long-term sustainability.

As we look ahead, we are preparing for a truly historic year. Super Bowl LX and the FIFA World Cup 2026 will shine a global spotlight on Santa Clara, giving us an unprecedented opportunity to showcase our destination, drive significant economic impact, and create a lasting legacy for our community.

I am deeply grateful to our SCTID hotels, Board of Directors, OVG, Levy, City leadership, and our many partners for their trust, collaboration, and unwavering support. I am equally humbled and inspired by the dedication, creativity, and drive of the Discover Santa Clara® team, whose work and passion are at the heart of our success. Because of the collective efforts invested to this point, we are now strongly positioned to capitalize on the opportunities ahead, delivering measurable ROI and lasting economic impact.

Sincerely,
Christine Lawson
President & CEO
Discover Santa Clara®
DISCOVER SANTA CLARA® CULTURE STATEMENT
team, I'm proud to share our FY 2024/25 Annual
In Marketing, we elevated how we tell Santa Clara's story with the launch of our dynamic new Discover Santa Clara® FY 2024/25 Annual Report Page 5 of 56 Culture Statement
At Discover Santa Clara®, we foster a currency of trust, integrity, and unity as part of our shared team, partner, and customer journey. We are committed to work being a blend of hustle and fun, fueled by a dedication to high-performance and a belief that experimentation is the secret sauce for innovation. Personal accountability, authenticity, and feedback guide our actions. Our sense of community extends beyond the four walls of our office to include our partners, clients, and our communities.

ORGANIZATIONAL SUCCESS: TEAM ACHIEVEMENTS AND INDUSTRY ACCOLADES • CEO Named one of the Power 100 Most Influential People in Silicon Valley for 2025 (Refer to Appendix item D1).
• CEO participated in the annual Future of Santa Clara event panel. • Participated with representatives from Related Santa Clara and the City of Santa Clara. (Refer to Appendix item D2).
• Director of Marketing named one of the 40 Under 40 2024 recipients by the Silicon Valley Business Journal (Refer to Appendix item D3).
• Marketing Manager named
Class of 2025 recognizing rising stars shaping the future of destination marketing (Refer to Appendix item D4).
•
(Refer to Appendix item E1)
•
(Refer to Appendix item E2)
• "Premier Events
Shaping the 2025-2026 Economy,"
(Refer to Appendix item E3)
•
(Refer to Appendix item E4)
Destinations lnternational's and CalTravel's 30 Under 30

COMMUNITY & STAKEHOLDER ENGAGEMENT HIGHLIGHTS
The Discover Santa Clara® team, alongside amazing members from our local hotel partners-Embassy Suites Santa Clara, Delta Hotels Santa Clara, and Hyatt Centric Santa Clara-joined forces and spent the afternoon at Second Harvest of Silicon Valley, a non-profit committed to ending hunger in our communities. The team sorted and boxed an impressive 5,520 pounds of produce at Second Harvest of Silicon Valley CEO and Director of Marketing attended the NFL's SBLX - Future Hosts Event in New Orleans from February 4-6, 2025. The event, hosted by the NFL, offered valuable insights into the meticulous preparation and planning required for cities gearing up to host the Super Bowl
CEO participated on the Silicon Valley GBTA panel speaking to with panelists John Poce, Executive Director of the
San Jose Sports Authority and Maggie Lang, Chief Sales & Marketing Officer from the San Francisco Peninsula DMO
CEO participated in the Silicon Valley Business Journal's Mentoring Monday. This is Silicon Valley Business Journal's 12th Annual Mentoring Monday event. Featured over 50 of Silicon Valley's top businesswomen as mentors to over 200 mentees. The mentors provided business advice and shared insights into their success, all in a supportive atmosphere to promote building connections
Discover Santa Clara® FY 2024/25 Annual Report Page 6 of 56 •
• Director of Marketing and Marketing Manager met with the new West Region Director of Public Relations, Sara Gorgon, and Marc-Angelo Merino, Regional Manager, Brand Marketing with Six Flags Entertainment Group.
• DMO Marketing team supported our partners at Great America by participating in a segment on California Live, LA The
segment also aired on KNTV-SF (NBC Bay Area), KNSD-SD (NBC San Diego), and KNBCLA (Los Angeles), reaching nearly 60,000 viewers in total. •
•
•
FISCAL YEAR 2024/25 ACCOMPLISHMENTS BY PROGRAM
Convention Sales, Incentives and Services
This fiscal year marked a pivotal chapter for the Sales Team as we solidified our structure with a full team in place. This allowed us to execute a more aggressive customer outreach strategy - through tradeshows, sales missions, and targeted client engagement to continue positioning Santa Clara as a premier meetings and events destination. These efforts helped drive yearover-year (YOY) increases in lead volume and group bookings and have set the state for continued growth.

Optimization of Sales Structure
• Successfully onboarded and oriented our new Director of Sales who assumed the role on July 15, 2024. Teipo joined Discover Santa Clara from the San Francisco Peninsula DMO, bringing with him valuable experience and strong customer relationships. • Our new Sales Manager joined on September 18, 2024, to manage our Sports and other Affinity Group segments which are critical to the City and in supporting boosting weekend occupancy for our SCTID partner hotels. Both roles have seamlessly integrated into our team through comprehensive sessions with the DMO, Santa Clara Convention Center (Convention Center), SCTID Hotels, and partners, ensuring strong alignment for enhanced collaboration and productivity.
• Continued our partnership with Baronfeld Consulting Group to support proactively strategic prospecting, lead generation, and growth strategies for the DMO sales team.

CEO had multiple meetings with the CEO of the Santa Clara Chamber of Commerce to explore ongoing collaboration opportunities.

NBC's to promote Great America's Oktoberfest.

Marketing Manager participated in the City of Santa Clara's Parade of Champions creating social media reels to commemorate the event.

CEO and Sales Manager attended the Women in Sports & Events (WISE) SF Bay Area - Women of Inspiration - Brunch and networking event in San Francisco.

The DMO held regular meetings with SCTID Directors of Sales & Marketing to review ongoing efforts, discuss upcoming priorities, and identify additional reporting needs.

Discover Santa Clara® FY 2024/25 Annual Report Page 7 of 56 Strategic Industry Tradeshow & Conference Engagement
• Throughout FY 2024/25, the team strategically planned for and actively participated in 25 key industry tradeshows and conferences. Each event was thoughtfully selected to engage high-priority market segments for Santa Clara - ranging from corporate groups and meetings to state and national associations, as well as the sports and affinity markets.

Notable events attended include (Refer to Appendix F1 F4):
o Focused on the state
association market.
o Destination California, Newport Beach, CA: Appointment-based tradeshow targeting top-tier California corporate meeting planners. o Destination West, Colorado Springs, CO: Connects destinations with qualified corporate meeting planners through one-on-one appointments. o Esports Summit in Bloomington, MN: Brings together Esports organizers, destinations, and venues to explore partnerships and group opportunities. o ESTO Conference in Columbus, OH: Marketing conference for destination marketing professionals, offering valuable insights, peer collaboration, and strategies to strengthen tourism growth and elevate destination storytelling. o Helms Briscoe ABC Tradeshow in Las Vegas, NV: Targeting group and meeting planners for all market segments (e.g., corporate, association, & affinity groups). o Holiday Showcase in Chicago, IL: Targeting the national association market. o IMEX America in Las Vegas, NV: The largest corporate and incentive groups and meetings show in the U.S.
o Independent Planner Education Conference (IPEC) in Atlantic City, NJ: Attended by corporate meeting planners with one-on-one appointments for destinations. o MPINCC Convene, San Francisco, CA: The largest regional meetings and events industry conference on the West Coast, bringing together meeting planners from all market segments for networking, and business development within the Northern California market.
o RCMA Emerge in Phoenix, AZ: Tradeshow brings together faith-based and nonprofit meeting planners with destinations to explore group business opportunities.
o Sports ETA in Tulsa, OK: Brings together over 1,100 sports tourism professionals for networking and business development discussions.
o TEAMS in Anaheim, CA: Tradeshow focused on the sports group/event organizers o SF Travel Annual Luncheon in San Francisco, CA. Educational & client networking o

CalSAE's Holiday Spectacular in Sacramento, CA:

U.S. Travel Destination Capitol Hill, Washington, DC: CEO attended U.S. Travel's Destination Capitol Hill in Washington, D.C., to advocate for the travel industry and meet with federal leaders including Senator Padilla, Senator Schiff, Representative Pelosi, and Representative Khanna. Discussions centered on strengthening U.S. travel infrastructure and policies -supporting investments in airport security, improving visa processing, and enhancing international customs efficiency in preparation for SBLX, FWC26 and the 2028 Summer Olympics.

Discover Santa Clara® FY 2024/25 Annual Report Page 8 of 56 o Visit California Sales Mission to Minneapolis and Chicago. Our Director of Sales & Destination Services participated in the promotion of Santa Clara alongside fellow California DMOs. Across both cities, he engaged with 94 corporate, third-party, and association meeting planners, strengthening relationships, and expanding Bash in Chicago, attended by over 150 industry professionals.

Sales and Marketing Collaboration at Tradeshows and Conferences This year, the team brought fresh energy and creativity to our tradeshow presence. For shows where we hosted a booth or table, we introduced more engaging activations designed to attract meeting planners and maximize valuable face time. From interactive elements to fun, Santa Clara-themed giveaways, our activations helped draw attendees in and sparked meaningful conversations.

Behind the scenes, the Sales and Marketing teams collaborated closely to ensure each show was a success - coordinating booth displays, scheduling client appointments, and delivering a unified set of pre- and post-show marketing touchpoints.

This included eye-catching booth layouts, bold sales banners, custom market-specific sales sheets, client-focused blogs, targeted email outreach, and social media campaigns to build excitement and drive booth traffic. The result was a more dynamic and engaging event presence that strengthened visibility and deepened planner relationships.

Strategic Client Engagement
This year, we prioritized building and deepening client relationships through more meaningful, intimate, and memorable experiences. From private dinners and relaxed receptions to concerts at , these curated gatherings provided an authentic setting to connect with clients beyond the tradeshow floor. By bringing clients into the heart of Santa Clara - alongside our SCTID hotel partners - we created opportunities to est,
expanded lead volume, and opened the door to future group opportunities. • Hosted a Client Appreciation Event at Bowlero in the Westfield Valley Fair Mall, where 25 Account Directors and Meeting Planners from top local companies were in attendance. Our SCTID hotel partners also participated in the event (Refer to Appendix F5).
• Hosted a HelmsBriscoe Familiarization Trip (FAM) in July, entertaining 13 Global Account Directors and Meeting Planners. The event included participation from SCTID hotel partners AC, Embassy Suites, Hyatt Regency, and the Marriott, and OVG and Levy (Refer to Appendix F6).

Santa Clara's visibility. The mission concluded with participation in the PCMA Bowl Levi's® Stadium
showcase the city's unique venues and energy in a way that sparked genuine inter Discover Santa Clara® FY 2024/25 Annual Report Page 9 of 56 o Organized a lunch and Customer Advisory Board Meeting with the group at the Marriott Santa Clara.
o Hosted an evening reception at the Convention Center. o
o Hyatt Regency hosted breakfast the following morning. •
o The DMO hosted a luncheon for 25 association meeting planners and executives, offering a platform to showcase Santa Clara as a premier meeting destination.
•
o The DMO hosted a table of eight meeting planners representing associations and association management companies at this well-attended annual event in Sacramento.
• Hosted American Bar Association Breakfast Meeting with six (6) of their meeting planners.
•
• The Director of Sales participated in the
targeting meeting planners in both Minneapolis and Chicago in November 2024.
o Teamed up with Jed Arrogant with the DMO Visit Carlsbad to host 10 corporate and third-party meeting planners for dinner in Minneapolis, creating a more intimate setting to entertain clients and network.
• The DMO strategically leveraged high-profile events at to entertain clients, showcase SCTID partner hotels, and spotlight the city of Santa Clara as a premier destination. These events provided unique settings to build rapport, cultivate relationships, and generate qualified leads including:
o The Rolling Stones concert.
o Metallica concert.
o Multiple San Francisco 49ers® home games.

Strategic Sales Initiatives & Partnerships
• In partnership with Baronfeld Consulting Group our
account outreach strategy through targeted activities that support lead generation and sales effectiveness. Their work includes requalifying dormant and inactive accounts and expanding our contact database - prioritizing the highestplayed a key role in supporting tradeshow appointment scheduling, refining prospect lists, and identifying qualified group opportunities - giving the sales team a cleaner, more strategic pipeline to work from. Some achievements for this fiscal year include:

Treated the guests to a Rolling Stones concert at Levi's® Stadium.

California Society Association Executives (CalSAE) Meeting Planners Luncheon and Client Event:

Meeting Planners International (MPI) Crab feed and Client Event:

Collaborated with other Northern California DMOs to host a meeting planner dinner for 32 key association clients in Chicago.

Visit California "Taste of California
Roadshow"
Levi's® Stadium
, we've continued to strengthen
value opportunities. They've also
Discover Santa Clara® FY 2024/25 Annual Report Page 10 of 56 Prospecting Outreach:
o 11,422 clients reached.
o 315 group opportunities identified.
o Weekly and bi-weekly calls to monitor performance and CRM strategy. o Lead scoring, requalification of dormant accounts, and contact list expansion. o Created curated list of 4,000+ high-potential accounts for the team to develop for potential group opportunities.

Backyard Account Acquisition Plan (Initiated in Q3):

Activated in Q3 to target regional/local companies.
o 75 priority local accounts prospected; 1,400 contacts reached. o Four RFPs received from outreach
o Eight office presentations booked with local companies.

Simpleview CRM Cleanup & Training:
o Completed extensive account and contact cleanup.
o Hosted refresher training sessions with SCTID hotel partners on report access and CRM use.
• We continued to deepen preferred partnerships with industry leaders to expand Santa databases, key events, and marketing opportunities. These relationships spanning ConferenceDirect, HelmsBriscoe, U.S. Travel Association, Professional Meeting Planners Association (PCMA), Meeting Planners International (MPI), America Society of Association Executives (ASAE), San Francisco Travel, Women In Sports & Events (WISE), U.S. Travel, and CalTravel Association amplify our presence across essential industry channels, provide critical face time with top meeting planners, and keep us visible, informed, and competitive.
• Bay Area Host Committee (BAHC),
which is actively engaged in supporting and executing SBLX/FWC26. Their leadership and coordination are instrumental in securing major sporting events and high-profile groups for the Bay Area driving future business to our SCTID partner hotels, the Santa Clara Convention Center, and the city of Santa Clara at large. In addition to ongoing collaboration, Discover Santa Clara® is currently exploring a preferred partnership with BAHC beginning in FY 2025/26 that would expand our visibility, unlock strategic benefits and exposure opportunities, and provide a seat on their advisory board to help shape planning efforts tied to these global events.
• The CEO joined fellow Bay Area DMO leaders for an invitation-only lunch to welcome Anna Marie Presutti as the new CEO of San Francisco Travel - an important relationship for the DMO.

Clara's exposure, increase qualified lead generation, and gain greater access to client We've developed a strong working relationship with the
Discover Santa Clara® FY 2024/25 Annual Report Page 11 of 56 Data-Driven Strategies and Sales & Marketing Process Enhancement • Symphony Data Platform Development: Collaborating with Tourism Economics (TE) to build the Symphony Data Platform and Website Attribution Tool, with launch targeted for mid-August 2025.
trends. It will deliver real-time insights in clean, digestible formats to help SCTID hotel partners guide strategy and communicate effectively with ownership groups. • Through our partnership with our marketing Agency of Record, Madden Media, we have access to their Voyager Reporting Tool providing the DMO with critical ROI and performance insights as we roll out initiatives throughout the contract. Real-time reporting will be delivered in a dashboard format, allowing the team to easily share results with our Board of Directors and hotel partners.
• CoStar STR Report by adding day-of-week and segmentation data, along with tracking performance across a competitive set of peer cities. • Director of Sales & Destination Services implemented an evolved reporting stack Hotel Sales Packet - for our SCTID partner hotels to be distributed quarterly. • Continued use of the Cvent BI Report Stack has provided deeper insights into key business segments, group lead performance, and the competitive landscape, helping guide more informed decisions around sales and marketing resource allocation and budgeting. • The sales team continues to leverage the Knowland group sales tool for strategic sales insight and to gain visibility into groups considering Santa Clara. This resource helps to strengthen contract negotiations and serves as a valuable tool for analyzing booking patterns across key market segments, supporting more strategic outreach and positioning. • Refined the DMO Sales Proposal Document to Improve Client Experience: The original sales proposal was too long and difficult for clients to navigate. We worked closely with the Marketing Team to streamline the format, improve presentation quality, and make the content easier to follow. The updated version delivers a clearer, more compelling message that better supports client decision-making.
• The Director of Sales and the Manager of Data & Strategy conducted an extensive CRM audit and system clean-up across the DMO, Convention Center, and Levy. The focus was on updating past leads and ensuring group lead statuses were current - both essential for accurate sales reporting. This is an ongoing effort that will remain critical to maintaining strong sales hygiene.

SCTID Hotel Support
• Client Site Inspections. Collaborated with partner hotel sales teams on multiple site inspections for both current and potential groups, including arranging accommodations at our hotels to showcase the properties. This fosters a unified partnership and facilitates strategic discussions on the best approach to securing new business.

The platform will integrate the DMO's diverse data sources and be supported by TE's economists, who will layer in Santa Clara, Bay Area, and national market Enhanced the DMO's
Discover Santa Clara® FY 2024/25 Annual Report Page 12 of 56 • Partnered with SCTID Hotels to Strengthen Tradeshow & Client Engagement. With our partners at tradeshows and client events. Ensuring their presence at these key touchpoints tionships both internally and
with clients. These efforts lay the groundwork for future opportunities that benefit the city and our hospitality community.
• Ongoing Cadence of DMO and Partner Hotel Director of Sales Meetings.

Sales Lead Growth & Metrics
• Cvent Portal Lead Volume - Year-Over-Year (YOY) Growth:

In FY 2024/25, the DMO received a total of 389 sales leads through the Cvent portal, with 59 of those classified as P1/P2 reflecting an 11.3% increase in P1/P2 lead production compared to the prior year. While there was a slight YOY decrease in P2 leads specifically, we saw a significant 111% increase in P3 leads. The DMO officially began managing new P3 leads generated from direct sales outreach in late October 2024, and these early-stage opportunities have strong potential to convert into larger groups over time.

This year marked the first with a fully staffed sales team, which was highly active across tradeshows, client events, and entertainment. The result: a 46% YOY increase in total lead volume clear evidence of the impact of our proactive sales prospecting and outreach. As we move forward, driving continued lead growth across all segments remains a key focus.

Group Priority # FY 2023/24 YE
Lead Volume
FY 2024/25 YE
Lead Volume
YOY Leads Change YOY % Leads Change
P1 Leads 29 36 7 24%
P2 Leads 24 23 -1 -4%
P3 Leads 19 40 21 111%
P1 P3 Leads 72 101 29 40%
Total Leads 267 389 122 46%
• Sales Outreach Results: RFPs & Site Inspection Activity o 82 RFPs & Site Visits:
▪ RCMA Emerge: (5) RFPs.
▪ CalSAE Client Events: (8) RFPs.
▪ MPI Crab Feed: (2) RFPs.
▪ Holiday Showcase: (2) RFPs.
▪ All Things Meetings: 2) Site Visits.
▪ IPEC: (1) RFP.
▪ IMEX: (2) and (1) Site Visit.
▪ TEAMS: (22) RFPs.
▪ Destination California: (2) RFPs.
full sales team in place, we've continued to prioritize strong collaboration with our hotel not only elevates Santa Clara's visibility but also deepens rela Held meetings
to provide updates on current activities, strategies, and future plans. These sessions were productive opportunities to share trends and data from industry tradeshows and work together on new ways to bring business to Santa Clara.
(3) RFP's and (
RFP's
Discover Santa Clara® FY 2024/25 Annual Report Page 13 of 56 ▪ CalSAE Annual Conference: (3) RFPs.
▪ Sports ETA: (20) RFPs.
▪ Visit CA Sales Missions: (8) RFPs.
▪ HelmsBriscoe Annual Business Conference: (5) RPFs.
• 13 site inspections were conducted across SCTID hotel partners and the Convention Center during FY 2024/25.
• Booked Groups in FY 2024/25 for Future Years:
o A total of five (5) groups booked:
▪ Two P1 groups.
▪ Three P2 groups.

Marketing & Communications
FY 2024/25 was a pivotal year for marketing and communications efforts, marked by strategic advancements, strong media visibility, and continued investment in tools that elevate the city's presence across key markets. With the successful completion of the Omnichannel Marketing Ecosystem Project, the DMO launched a new website, distributed the Santa Clara Visitors Guide, and built a versatile content library - including a dynamic sizzle reel and high-quality photography - designed to drive engagement across platforms. The team also expanded its partnership has enabled consistent messaging, streamlined execution, and stronger brand positioning through integrated digital strategy, targeted public relations, and activation planning for major upcoming events such as SBLX/FWC26.

In parallel, the DMO executed a high-profile advertising campaign with CBS as presenting sponsor of The San Francisco 49ers Experience, generating tremendous exposure for Santa Clara, its SCTID hotel partners, and the destination as a whole. The campaign included weekly segments, hotel spotlight contests, and a robust brand spot run all of which significantly outperformed traditional ROI benchmarks. Additionally, ABC7, NBC, and KTVU provided profile as a premier destination.

These initiatives, along with ongoing blog development, PR planning, and a Meetings & Conventions video shoot, laid the groundwork for continued momentum and even greater impact in FY 2025/26.

Our growth in content marketing, social media, and public relations played a big role in telling city special -
they reflected the strength of our partnerships and the value of consistent engagement. As we forward into the opportunities ahead.
efforts with Madden Media, officially designating them as the DMO's Agency of Record. This repeated coverage of Levi's® Stadium concerts and events, further reinforcing Santa Clara's Santa Clara's story. These efforts not only helped us showcase what makes the close out the fiscal year, we're proud of the momentum we've built and excited to carry it Discover Santa Clara® FY 2024/25 Annual Report Page 14 of 56 Omnichannel Marketing Ecosystem Project
In FY 2023/24, we initiated our Omnichannel Marketing Ecosystem Project in partnership with the final two deliverables of this transformative
initiative were successfully completed this year.

In addition to the comprehensive photoshoot and high-energy sizzle reel launched last fiscal year, the final two foundational sales & marketing components were delivered that now serve as • . We finalized and strategically distributed the Santa Clara Visitors Guide, thoughtfully curated to showcase the c offerings from dining, attractions, and shopping to hotels and beyond to inspire both group and leisure travel (Refer to Appendix item G1).
• New Discover Santa Clara® Website. We officially launched the new Discover Santa Clara® website one of our most important business tools. Designed to drive meetings and conventions, leisure travel, and destination awareness, the site was built to become the goto source of information for the city of Santa Clara. A range of enhancements now elevate the user experience, including: (Refer to Appendix item G2). o Seamless RFP Submission: A new
WhiteLabel tool simplifies the process for planners and increases efficiency for our sales team.
o Multi-Language Translation: With a single click, the site can be translated into seven languages reflecting the diversity of our community and preparing us to welcome international visitors for SBLX/FWC26.
o Interactive Neighborhood Map: In partnership with the City of Santa Clara and distinctive neighborhoods.
o Dynamic Visuals: From a high-production hero sizzle reel filmed with a full cast and vibrant energy.
o Engaging Blog Content: Developed over 18 months, our growing blog library adds depth to key pages, provides rich storytelling, and keeps visitors engaged longer.

Looking ahead to Q1 FY 2025/26, we will roll out two new enhancements:
o Visiting Media SalesHub Platform: This immersive content platform will be available across all SCTID partner hotels, the Convention Center, DMO teams, and additional high-profile City venues. It enables seamless integration of virtual and augmented media including 360º and 3D visuals with traditional collateral, streamlining the sales process and asset management across teams and channels.

Madden Media, and we're proud to share that
critical tools for elevating Santa Clara's presence:

Visitor's Guide
ity's
"Submit an RFP" button powered by event's
Vibemap, this feature offers a dynamic way for visitors to explore our city's crew to a custom animated navigation illustration, the site reflects Santa Clara's Discover Santa Clara® FY 2024/25 Annual Report Page 15 of 56 o Mindtrip AI-Powered Trip Planning: This tool will offer users a personalized travel experience allowing them to ask questions, request destination recommendations, or build a fully customized itinerary based on travel style and interests.

Together, these efforts reflect our commitment to building a scalable, modern infrastructure that supports both destination storytelling and business development at every level. • Madden Media
FY 2024/25 marked a significant step forward in strengthening marketing infrastructure with the establishment of an official Agency of Record.

Following a formal RFP process and evaluation committee review, Madden Media was selected and approved by the Board of Directors
Agency of Record (AOR). This strategic move provides continuity, consistency, and the ability to respond with greater speed and agility across all marketing channels.

Madden Media previously partnered with the DMO on the successful execution of the Omnichannel Marketing Ecosystem Project - including the development of the new website and Visitors Guide - positioning them to deliver without disruption while building on established momentum. Their AOR scope includes:
o Public Relations and Communications narrative,
o Managing the digital marketing strategy and budget,
o Advertising Strategy & Execution: Securing cost-effective placements, developing a business-cycle-driven ad calendar, designing targeted creative for meetings audiences, and managing ad submissions,
o Providing the DMO access to the data dashboard to track initiative performance,
o Creating a Meetings & Conventions video to support sales and marketing, o Supporting the execution of the , including the
development of a targeted Ultimate Sports Playbook to showcase Santa Clara experiences during major events; sports-focused PR efforts; themed tradeshow activations such as a personalized sports jersey bar to build excitement and buzz; and a combined Media & Meeting Planner Familiarization (FAM) Trip to further engage key audiences.

Immediately following the AOR kick-off, multiple projects were set into motion:
o PR & Communications Strategy: Defined key amplification goals and refined how Santa Clara and its partners are presented in regional and national media. o Meetings & Conventions Video Shoot: Completed a two-day shoot highlighting -impact meetings and events. Final deliverables
currently in refinement include a 60-second video, shorter cuts, and 50 edited photos, all set to support the website, sales presentations, and tradeshows.

DMO's New Agency of Record -
Discover Santa Clara's®
in March 2025 to serve as the DMO's
Shaping the DMO's
Voyager Reporting Tool's
DMO's SBLX/FWC26 Activation Plan
Santa Clara's capacity for high
Discover Santa Clara® FY 2024/25 Annual Report Page 16 of 56 o Digital Strategy Planning: Aligned on primary target segments and media strategy moving forward.
o Voyager Reporting Tool: Introduced as a data dashboard to track initiative performance, with DMO inputs now being integrated including STR, Cvent, and other key sources.
o Ultimate Sports Playbook Visitors Guide: Development began on a new guide designed to serve the influx of visitors attending SBLX/FWC26 and other major , within the city of Santa Clara and the Bay Area.

These efforts - many of which are actively in flight and will launch in FY 2025/26 - reflect the -term brand growth, strategic readiness, and high-impact storytelling for Santa Clara.
• Driving Awareness Through Advertising & PR
CBS Advertising Partnership: As presenting sponsor of The San Francisco 49ers Experience, Discover Santa Clara® was fully integrated into the high-profile campaign that ran from September 18, 2024, through January 19, 2025 (Refer to Appendix G3). The partnership delivered tremendous exposure for the city of Santa Clara, our SCTID hotel partners, and the DMO through key campaign elements:
o Weekly CBS custom segments Weekly CBS segments aligned with our brand o A high-impact contest promoted across CBS platforms, awarding weekend getaways bundled with hotel stays, local dining, and Great America tickets.

Each of our 11 SCTID partner hotels was featured in custom-produced 15-second segments, many of which aired during peak viewing windows. o A seven-week run of Discover Santa Clara® brand spots aired from December 2, 2024, through January 13, 2025, driving traffic to the newly launched website.

This campaign indexed far above traditional ROI benchmarks, underscoring the power of targeted broadcast partnerships. Building on this success, the DMO will once again partner with CBS in FY 2025/26.

ABC7 News Coverage: On September 6, 2024, ABC7 News aired a two-minute segment highlighting the Hyatt Regency Santa Clara, the kickoff of the 49ers season, and the city of Santa Clara delivering high-visibility media exposure for both the DMO and the destination (Refer to Appendix G4). The coverage stemmed from a high-profile social media influencer event hosted by the DMO in partnership with the Hyatt Regency.

Ongoing Media Coverage: The DMO received repeated coverage across major local news outlets including CBS, NBC, and KTVU
and tourism.
events at Levi's® Stadium
DMO's commitment to long
messaging, spotlighting the Bay Area's 49ers Faithful Fans. -highlighting concerts and major events at Levi's®
Stadium, further reinforcing Santa Clara's position as a vibrant destination for entertainment Discover Santa Clara® FY 2024/25 Annual Report Page 17 of 56 Social Media & Content Performance
The Marketing Team made bold progress this year in strengthening digital presence across social media, blogs, and email marketing. With a focus on strategic storytelling and platform-specific content, we created compelling campaigns designed to engage a range of audiences from meeting planners to leisure travelers.

Amplifying the visibility of our SCTID hotel partners remains a core priority for the DMO highlighting their offerings and noteworthy events to support both group and leisure travel.

These efforts have strengthened our connection with key audiences and contributed to measurable gains in digital performance across LinkedIn, Instagram, and Facebook, as reflected in the analytics summary below.

Instagram. Instagram continues to be our strongest organic channel, with a 51.5% YOY increase in followers, bringing our total to 21,232. The platform delivered 2,552,998 impressions and maintained a strong engagement rate of 6.2%, largely fueled by event-driven and experiential content. Its performance remains unmatched among all channels. • Total Followers: 21,232
• Impressions: 2,552,998
• Accounts Reached: 1,152,521
• Likes: 73,255
• Post Saves: 26,066
• Comments: 44,656
• Shares: 43,890
• Total Interactions: 187,887
• Average Engagement Rate: 6.2%
LinkedIn. With an 87.3% increase in followers YOY and an impressive 14.11% engagement rate, LinkedIn continues to be a strong platform for brand credibility. High engagement was driven by recognition in the Silicon Valley Power 100 and Benjamin Landis being named to Destinations 30 Under 30 Class of 2025.
• Organic Impressions: 118,815
• Paid Impressions: 245,774
• Total Impressions: 363,332
• Reactions: 3,470
• Comments: 165
• Clicks: 13,881
• Shares: 309
• Average Engagement Rate: 7.04%
the DMO's
content celebrating leadership and team milestones, including CEO Christine Lawson's lnternational's
Discover Santa Clara® FY 2024/25 Annual Report Page 18 of 56 Facebook. -focused appeal,
our Facebook strategy delivered strong results growing followers by 69% YOY, from 3,060 to 5,174. Paid ads, especially those highlighting monthly event roundups in the city and at partner • Total Followers: 5,174
• Organic Impressions: 118,815
• Paid Impressions: 245,774
• Total Impressions: 363,332
• Reactions: 3,470
• Comments: 165
• Clicks: 13,881
• Shares: 309
• Average Engagement Rate: 7.04%
Tik Tok. We launched TikTok in late January as a test platform for short-form video, repurposing high-performing Reels and experimenting with trend-driven content. An early viral video confirmed its ability to deliver rapid brand exposure and strong organic reach. While not initially planned as a core channel, its performance and growth potential have prompted a strategic shift. We are now actively expanding our presence on the platform to reach younger audiences and complement broader digital efforts. TikTok remains secondary in priority, but it is proving increasingly valuable in driving awareness and engagement. • Followers: 1,335
• Organic Impressions: 308,190
• Likes: 14,958
• Comments: 116
• Saves: 5,658
Blog. In FY 2024/25, the DMO published 19 original blog posts designed to enhance the visitor from timely holiday guides and monthly event roundups to destination insights and local storytelling.

Highlights included Top 60 Things to Do in Santa Clara, created as a forward-looking evergreen asset for SBLX; a spotlight on Classic Restaurants; and editorial pieces celebrating The DMO also featured Inside the
Mind of Chef Nelson Ramirez: Art, Innovation, and Bold Flavors at Santa Clara Marriott a culinary profile highlighting the creative talent within our hotel partner community.

All blog content was developed with SEO in mind and supported cross-channel engagement through email marketing and social media, helping extend reach across both the leisure and meetings audiences. (Refer to Appendix item G5).

By combining Linkedln's professional tone with lnstagram's leisure venues, drove the majority of the platform's total impressions. experience, drive organic traffic, and strengthen the DMO's search performance. Topics ranged Santa Clara's
Women's History Month and Santa Clara's hospitality leaders.

Discover Santa Clara® FY 2024/25 Annual Report Page 19 of 56 Additional Examples of Blog Content Produced
• Spooky Season in Santa Clara.
• IMEX 2024 Top 10 Tips to Conquer Conference Chaos.
•
• Monthly Santa Clara Event Roundups.
• New Year's Eve Plans in Santa Clara 2024.
• Guide to Christmas-Themed Activities in Santa Clara 2024. • Santa Clara Thanksgiving 2024 Dining Round-up.
• .
• Top 60 Things to Do in Santa Clara
•
• Support Women-
•
•
Email Marketing. In FY 2024/25, the DMO executed 48 targeted email campaigns, reaching both our full subscriber base and key audience segments. These campaigns supported a range of strategic goals - from promoting monthly events and game-day guides to boosting blog engagement and generating ad sales for the upcoming Visitors Guide. We also delivered meeting planner outreach in coordination with our sales team, including pre-show campaigns tied to major tradeshows and industry events. Each email was designed to deliver relevant, Social Media Influencer Engagement, Activations & Instagram Campaigns. The DMO continued to collaborate with high-profile Instagram influencers on campaigns to drive engagement, increase followers, and spotlight city experiences. Campaigns during FY 2024/25 expanded our reach, delivered measurable visibility for partners like the Santa Clara Marriott and Hyatt Regency, and helped us better evaluate which influencer partnerships hold long-term strategic value. These efforts are strengthening our ability to tap into niche audiences and tic, targeted way.

DMO Influencer Event with the Hyatt Regency, Santa Clara. The DMO partnered with the Hyatt Regency Santa Clara to host an exclusive influencer event on September 6, 2024, aimed at promoting hotel stays and seasonal activations tied to the 49ers football season. The event drew 30 high-profile influencers and generated strong Instagram engagement. Influencer content expanded the reach of both the DMO and the Hyatt Regency, connecting with new and diverse audiences through authentic, varied storytelling (see Appendix item G6). 49er's Game Day Guide.

Santa Clara's Classic Restaurants: Local Favorites You Can't Miss Yelp's Top 100 Restaurants 2025: The Good Salad in Santa Clara Ranks #8 Owned Businesses in Santa Clara for Women's History Month Women in Hospitality: Meet the Leaders Shaping Santa Clara's Hotel Industry "Inside the Mind of Chef Nelson Ramirez: Art, Innovation, and Bold Flavors at Santa Clara Marriott."
timely content while reinforcing the DMO's voice across all touchpoints. amplify Santa Clara's presence in an authen
Discover Santa Clara® FY 2024/25 Annual Report Page 20 of 56 As previously noted, ABC7 News -minute segment,
spotlighting the Hyatt Regency and further elevating visibility for the property and the destination.
• Influencer Impressions: 206,092
• Likes: 10,411
• Comments: 995
• Unique Feed Posts: 25
• Shares: 2,867
• Total Stories Posted: 105
Influencer Activation: Driving Weekend Visibility & Hotel Stays. Recognizing the need to influencer sourced by Six Flags, the DMO hand-selected and funded five high-quality influencers
SCTID partner hotels to participate, coordinating curated stays and providing each influencer with talking points to highlight hotel experiences while allowing full creative freedom in their park content.

Each influencer produced at least one Instagram Reel and five Stories, with campaign engagement exceeding industry benchmarks for their follower tier. The initiative successfully and Santa Clara as a
weekend destination.

With an average engagement rate of approximately 4%, the campaign significantly outperformed the industry benchmark of 0.86% (50k 500k followers), demonstrating strong content relevance and audience alignment.

Estimated Instagram Story views totaled approximately 233,753, based on public data and adjusted projections - reinforcing the value of continuing influencer-driven marketing strategies in Santa Clara (see Appendix item G7).

Additional relevant influencer Instagram analytics are as follows:
• Feed Posts: 163,254+
• Likes: 5,508
• Comments: 351
• Unique Feed Posts: 9
• Total Stories Posted: 50
• Shares from IG Feed: 666+
Convention Center and Levy Marketing Memorandum of Understanding (MOU). The DMO fulfilled its MOU commitments for the fiscal year by providing targeted marketing support to both Levy and the Convention Center. All project management and deliverables were tracked through a dedicated MOU Project Log.
captured the event's energy in a two
address weekend hotel compression, the DMO partnered with California's Great America on a coordinated influencer campaign tied to the park's opening day. In addition to supporting one to promote weekend stays and elevate the destination's profile. We invited all 11 increased visibility for multiple hotel partners, California's Great America, Discover Santa Clara® FY 2024/25 Annual Report Page 21 of 56 A sampling of initiatives includes the updated Levy Teaching Kitchen brochure, development of a branded newsletter template, Google Ads promoting Convention Center events, and the creation of Visiting Media 360° tours to support both the Convention Center and Levy sales teams. Both the Convention Center and Levy catering were also featured in the Santa Clara video supporting visibility for both event and catering business opportunities.

Administration and Operations
The initiatives undertaken in FY 2024/25 reinforced our commitment to strong, effective administration while positioning the DMO for deeper collaboration and greater impact in the market. Throughout the year, we focused on strengthening our internal foundation enhancing staffing, refining systems, and developing key partnerships to support our continued growth. As the organization evolves, we remain focused on building the operational infrastructure needed to support long-term success.
• DMO Reports 4/25 Q1 - Q3 Reports to the
Board of Directors, SCTID partner hotel, and the City of Santa Clara. • Annual Report. Completed the FY 2023/24 Annual Report, which was approved by the Board of Directors on August 10, 2024, and presented to the City Council - where it was approved as part of the Consent Calendar - at the September 19, 2024, meeting. • FY 2024/25 Budget. Successfully concluded FY 2024/25 with a seamless soft close, expending 83% of the total $3,052,730 budget, resulting in a projected expenditure of $2,960,014 and a surplus of $605,382.
• FY 2024/25 Team Goals. Role-specific goals were thoughtfully crafted and communicated to each team member, ensuring that everyone is aligned and focused on achieving a diverse set of sales, marketing, and administrative KPIs critical to our organization's success. • FY 2025/26 Operating Budget. The FY 2025/26 Operating Budget was completed and presented to the Board of Directors, receiving approval on May 29, 2025. • Administrative Staffing. To better support the ongoing needs of the DMO, the CEO - with approval from the Board of Directors on August 15, 2025 - elevated the open Administrative Services Manager role to a Director of Business Operations (DBO) position. A new DBO was hired and joined the team on January 21, 2025.
• Bay Area Host Committee Partnership (BAHC). The DMO has been working closely with the BAHC to finalize a proposed Preferred Partnership Agreement, with the goal of presenting for discussion and approval at the August 2025 Board Meeting. This partnership not only supports regional alignment for SBLX/FWC26 but also positions Santa Clara and the Bay Area to attract future high-profile sporting events. • Civitas Advisors Agreements. Entered into two separate agreements with Civitas Advisors:
o A 19-month agreement (May 2025 June 2026) to support the SCTID and Silicon Valley/Santa Clara DMO, Inc. (DMO) district renewal process. o A retainer agreement to provide ongoing advisory support across key initiatives, offering strategic insight and guidance as needed.

Visitors Guide, and the Convention Center was included in the DMO's Meetings & Conventions : Completed and distributed the DMO's FY 202
Discover Santa Clara® FY 2024/25 Annual Report Page 22 of 56 • Partnered with Civitas Advisors and conducted training for the Board of Directors and SCTID Partner Hotels
District Plan. The training took place on the January 23, 2025, Board Meeting. • Kicked off the SCTID/DMO Renewal Process with Civitas, implementing bi-weekly working meetings. Identified the Steering Committee, consisting of four SCTID hotel General Managers: Nany Fullmore from the Marriott, Erin Henry from the Hyatt Regency, Billy Mendoza Moreno from the Delta Hotel, and Jack Bloom from the Embassy Suites. • Facilitated Strategic Offsites and Team Training to Deepen Alignment and Communication. In February 2025, we hosted a two-day Strategic Team Offsite focused on alignment, organizational focus, the upcoming budget season, and the concept of ruthless prioritization. We also held a one-day team training on The Enneagram to better understand individual communication styles, motivations, and how to work more effectively together. These sessions were designed to build trust, improve team dynamics, and enhance overall productivity.
• Defined and Communicated Expanded Booking Scope for P3 Groups. After aligning with the General Manager of the Convention Center, Levy, and the Assistant City Manager on the most effective approach, the DMO CEO developed a process memo outlining an expanded booking scope for the DMO sales team. This change allows the team to manage new Priority 3 (P3) groups generated through direct sales efforts and initiatives. The updated scope was approved by the Board of Directors at the January 23, 2025, meeting and has since been communicated to SCTID hotel partners, as well as the OVG and Levy teams. • Board Elections: Held DMO Board of Directors elections on October 17, 2024, ensuring strong governance and leadership for the organization, with new members bringing fresh perspectives and expertise.
• DMO Bylaws Review. The DMO leadership team completed an initial review and draft of updated Bylaws to ensure they reflect the current needs of the organization. The next step is to review the draft with the Board of Directors' Bylaws Committee before seeking full Board approval.
•
to provide a foundational understanding of the DMO's Management Amended, renewed, and executed new DMO contracts.

Discover Santa Clara® FY 2024/25 Annual Report Page 23 of 56

BOUNDARY
The Santa Clara Tourism Improvement District (SCTID) will encompass all lodging businesses with ten (10) or more rooms, both existing and future, which are available for public occupancy within a specified portion of the city of Santa Clara. The boundaries, as outlined on the accompanying map, currently include eleven 11 lodging businesses, which are detailed in the Appendix. There are no proposed changes to the SCTID boundaries.

In FY 2024/25, two new lodging businesses opened within the boundaries of the SCTID and are therefore subject to the SCTID assessment: Placemkr Santa Clara and AVE Santa Clara. While different from our existing 11 lodging businesses, these properties operate as apartment buildings that also offer a portion of their units to the public for short-term overnight stays. The City of Santa Clara formally notified management of their inclusion within the SCTID boundary and assessment on May 6, 2025.
on 'ention Center
'ty of nnta Iara
TIDB und e
District's
Santa Clara TID
__ ,,,,~-------
-·-·------

CIVITAS
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.
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Discover Santa Clara® FY 2024/25 Annual Report Page 24 of 56

ENHANCEMENTS, INITIATIVES, AND FUTURE FOCUS
In FY 2025/26, our work across Sales, Marketing, and Administration & Operations is united by a clear focus - driving measurable results for our SCTID hotels, partners, and the City. All departmental initiatives will be anchored in data-driven insights and ROI, ensuring our in
with a sharper, more intentional approach to lead generation, conversion, and client engagement through targeted prospecting, high-impact tradeshows and sales trips, and even closer collaboration with our SCTID hotel partners. We will continue to drive weekday group bookings and intensify our focus on weekends, a critical need for our hotel partners. Marketing -visibility
campaigns, compelling content, and the SBLX/FWC26 Activation Plan, all tracked and measured to understand reach, engagement, and return. Administration & Operations will strengthen the foundation that supports it all, from advancing financial policies and governance to preparing for our first audit and supporting the SCTID renewal process. Together, these priorities ensure we stay competitive, accountable, and ready to seize every opportunity ahead because our success is built on working in lockstep with our partners and delivering real, lasting impact.

Convention Sales, Incentives and Services
•
To strengthen our sales pipeline and accelerate conversion, we are taking a fresh, datadriven approach to engaging meeting planners across both local and national markets.

Leveraging the Baronfeld prospecting list, we will move beyond simple outreach to fully targeted strategy segmenting accounts, aligning with marketing on personalized nurture campaigns, and tracking every single interaction in our CRM. The goal is clear:
convert qualified prospects into RFPs, site visits, and confirmed bookings that deliver measurable impact for our SCTID partner hotels and the City. o Baronfeld Prospecting List. Transform the prospecting list into a targeted, actively engaged sales pipeline.
o Account Segmentation. Segment accounts by market and geography for strategically focused outreach and follow-up.
o Nurture Campaigns. Collaborate with marketing on tailored nurture campaigns, including targeted planner emails and relevant content. o Tracking Impact. Ensure that every planner interaction is tracked in the CRM to measure engagement and conversion.
o Closing the Planner Pipeline. Drive qualified planners toward RFP submissions, site inspections, and bookings.
strategies are focused, measurable, and delivering maximum impact. In Sales, we're leaning will continue to tell Santa Clara's story in bold, creative ways, delivering high Activate Next-Generation Sales Strategies.

Discover Santa Clara® FY 2024/25 Annual Report Page 25 of 56 •
o Target Need Periods. Partner with SCTID hotels on coordinated sales and marketing initiatives targeting key need periods, especially weekends. o Group Campaigns. Develop and launch compelling group campaigns with unified messaging and timing to drive interest and room nights primarily over need periods.
o Booking Incentives. Create creative booking incentives and compelling citywide concessions to increase destination competitiveness.
o ROI Impact. Measure campaign success through lead generation, conversion tracking, and ROI analysis.
•
o
o . The team will ensure prioritize targeted outreach
before events to set qualified appointments and client entertainment opportunities. The intent is to build/deepen meaningful in-person connections that move prospects down the booking pipeline.
o
o
o Optimized Post-Event Follow-Up. Continue to refine and strengthen postevent follow-up to capitalize on all qualified contacts, nurture relationships, o ROI Impact. Track and report event-driven leads, RFPs, and confirmed bookings to SCTID hotel partners to demonstrate ROI.

Strengthen Hotel Collaboration to Drive Group Occupancy.

Collaborate with our SCTID hotel partners to till key need periods - especially weekends - through targeted campaigns, unified messaging, creative booking incentives, and citywide concessions.

Maximizing ROI Through Targeted Tradeshows, Sales Trips & Client Engagement.

Every tradeshow, sales mission, and client activation must deliver tangible business results. The team will approach each opportunity with intentionality - targeting the right planners before the event, building meaningful in-person connections on-site, and following up with precision afterward to move leads through the pipeline. ROI tracking will be built into every effort to ensure these engagements drive qualified leads, RFPs, and confirmed bookings for our SCTID hotels.

Unified Engagement Strategy. Sales and Marketing will continue to collaborate on a seamless, multi-channel engagement plan targeting planners and decision-makers at every stage-pre-event, on-site, and post-event to maximize visibility, interest, and conversion opportunities.

Strategic Client Connections
Leverage Partnerships. Leverage and expand strategic alliances with peer DMOs (e.g., SF Travel, Visit San Jose, Visit California) and key preferred partnerships to increase Santa Clara's visibility and influence in priority markets.

High-Impact Event Activations. Continue to elevate our presence at tradeshows and industry events through compelling activations, elevated booth experiences, and destination storytelling that capture attention and drive meaningful engagement. This will include execution of planned specialty activations to build energy leading up to SBLX/FWC26.
and
convert opportunities into confirmed business.

Discover Santa Clara® FY 2024/25 Annual Report Page 26 of 56 • .

Plan, including playing a key role in delivering a highly impactful Media & Meeting Planner ity
venues, and the destination in a way that inspires future bookings, strengthens planner relationships, and maximizes exposure tied to these global events.

Marketing & Communications
• Drive Impact Through Strategic Marketing Agency of Record (AOR) Partnership.

Advance Current Projects.

Partner with AOR, Madden Media, on the execution of our project plan, ensuring all campaigns are delivered on time, on brand, and with measurable results. Specific focus items will be;
o Strategic Media Buys and creative production.
o PR messaging content development & outreach, ensuring alignment with our brand narrative to strengthen visibility media engagement. o Production and rollout of a high-impact Meetings & Conventions Video to position Santa Clara as a premier group and convention destination.

Deliver the SBLX/FWC26 Activation Plan:

Execute SBLX/FWC26 Activation Plan through high-impact campaigns, destination storytelling, PR initiatives, and targeted meeting planner activations. All efforts will be tracked for reach, engagement, and ROI to maximize exposure, generate bookings for SCTID hotels and partners, and build lasting destination awareness.

Key deliverables include:
o Creation and distribution of the Ultimate Sports Playbook showcasing Santa offerings to visitors.
o A Media and Meeting Planner FAM Trip designed to immerse attendees in the destination and inspire future bookings.
o Immersive Tradeshow Activations to build excitement and awareness for and partners with targeted messaging that showcases the c unique capabilities and offerings.
• Elevate Destination Campaigns & Media Initiatives to Drive Exposure and SCTID Hotel Room Nights.

Oversee high-profile destination marketing partnerships, including:
o Our A Campaign strategically targeting critically needed weekend travel to drive measurable hotel bookings for our SCTID hotel partners. o San Francisco 49ers Experience. Maximize CBS partnership through integrated broadcast segments, contest promotions, and brand placements tied to the San Francisco 49ers Experience.

Support SBLX/FWC26 Activation Plan
Partner with Marketing to support the execution of the DMO's SBLX/FWC26 Activation FAM Trip. Ensure the experience showcases Santa Clara's SCTID hotels, partners, C the DMO's
Clara's
Santa Clara's role in hosting SBLX/FWC26, engaging meeting planners, media, ity's
" lways On" Expedia
CBS's
Discover Santa Clara® FY 2024/25 Annual Report Page 27 of 56 • Maximizing ROI from the New Discover Santa Clara® Website.

The new Discover Santa Clara® website is a high-impact marketing and sales platform submissions - using new tools like the Website Impact Calculator and Tourism Economics. The site will be continuously optimized for user experience and fully integrated into sales, promotions, and lead generation efforts to drive results for SCTID hotels and partners.
• Grow Owned Channels with Purpose-Driven Content.

LinkedIn, Facebook, Instagram,
TikTok, and our email database, using a mix of organic content, paid promotion, and influencer partnerships. Channel growth will be tied to measurable outcomes, including increased website traffic, partner referrals, and lead generation for our SCTID partner hotels. By building targeted audiences, we strengthen our ability to drive group and • Create High-Impact, SEO-Driven Content.

Our content strategy will deliver consistent, high-quality storytelling across social media, blogs, and email, with an emphasis on SEO performance and partner value.

Every piece will align with campaign priorities, highlight SCTID partner hotels, and support conversion - whether a group booking, weekend stay, or a meeting planner inquiry. This includes producing fresh content, optimizing existing assets, and ensuring all materials are search-ready to maximize discoverability and ROI. • Support Sales and SCTID Hotel Partners.

We will deliver at least one high-impact partner campaign per quarter such as influencer activations, coordinated content pushes, or thematic series like the Chef Series - designed to position Santa Clara as a leading meetings and conventions destination. Additionally, i
marketing initiatives and lead-nurture campaigns to move prospects down the funnel, with a focus on increasing conversion for both meeting planners and leisure guests.

Administration and Operations
• Updating DMO Bylaws to Support Strategic Growth.
- outlining board structure, decision-making processes, and key responsibilities. Our current bylaws have not been updated since they were first created, and ensuring they strategic direction, operational realities, and evolving needs. By revising them thoughtfully, we strengthen our ability to make timely and effective decisions, maintain transparency, better serve our stakeholders, and remain agile in a competitive and rapidly changing marketplace.
built to deliver measurable results. We'll track KPls like traffic, referrals, leads, and RFP We will continue to expand the DMO's reach across
leisure business while elevating Santa Clara's visibility in key markets. n partnership with the sales team, we'll launch quarterly The DMO's bylaws serve as the governing framework for how our organization operates remain relevant is essential. Keeping them current allows us to reflect the organization's Discover Santa Clara® FY 2024/25 Annual Report Page 28 of 56 • SCTID & DMO Renewal Process.

Partner with Civitas Advisors, the SCTID Steering Committee and the City of Santa Clara on the renewal of the SCTID and the Silicon Valley/Santa Clara DMO, Inc. With the current district set to expire June 30, 2026, this renewal is essential to sustaining the dedicated funding that drives our sales, marketing, and convention development programs. The process will encompass stakeholder engagement, consensus-building, policy refinement, and navigation of City approvals to ensure a smooth, successful renewal.
economy, ensuring we remain well-positioned to compete for high-value group, convention, and leisure business that benefits our SCTID hotels, partner venues, and the city at large.
• Strengthening Financial Policies & Procedures.

We
accountability, and operational excellence. This work includes formalizing policies and procedures across all key areas - accounts receivable and payable, procurement, signing authority, fund management, and internal controls - supported by detailed fiscal SOPs. These enhancements will standardize how we manage public and private funds, safeguard assets, and uphold the highest standards of financial stewardship to support the DM -term sustainability.
• .
- an
important milestone in our commitment to transparency and accountability. Working with the Board Committee, we will identify and engage a City-approved auditor and finalize the audit agreement. Once the scope is defined, our team will partner with Krisch Accounting to ensure all files and financial records are fully audit-ready. • Leverage Insights & Performance Reporting.

With new advanced analytics tools
Tourism Economics Symphony, and the Website Impact Calculator - we are implementing a stronger, more data-driven approach to measurement and reporting.

These tools will allow the team to develop and deliver quarterly reports with key insights and actionable recommendations, helping to guide internal strategies, improve partner communications, and ensure our organizational investments deliver measurable returns. • Explore and Integrate Vital Systems to Empower and Elevate Our DMO.

To drive greater efficiency and precision in our operations, we will explore and integrate key financial, expense management, and administrative systems. These systems will streamline processes, enhance record-keeping, and provide the foundation for more strategic decision-making. By adopting these vital tools, we will empower our team to focus on impactful work, reduce operational friction, and ensure the long-term sustainability of our DMO.

This work is a critical investment in the future of Santa Clara's tourism will continue to fortify the DMO's financial framework to ensure transparency, O's mission and long
Preparing for the DMO's First Audit
In FY 2025/26, we will lay the groundwork for the DMO's first formal financial audit 's Audit
-including our AOR's proprietary data platform,
Discover Santa Clara® FY 2024/25 Annual Report Page 29 of 56 • Driving Impact Through Board Development.

A strong, well- -term success.

We are committed to ensuring our board composition reflects diverse experience, insight, and perspectives that can help drive the organization toward its goals.

This includes identifying and providing targeted resources, training, and thought their development, we ensure our directors are wellmission, support sustainable growth, and navigate an increasingly competitive and dynamic market environment.

Contingency
The budget shall continue to include a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may continue to be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of the DMO Board. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the DMO Board.

Contingency/reserve funds may be spent on District programs or administrative and renewal costs in such proportions as determined by the DMO Board. The reserve fund may be used for the costs of renewing the SCTID.

City Administration Fee
The City of Santa Clara shall continue to be paid a fee equal to 2% of the amount of assessment collected to cover its costs of collection and administration which may include but are not limited to staffing costs, legal services, and operational costs for rent, telephone, supplies, postage, and other general office expenses.

FY 2024/25 FINANCIALS
Final FY 2024/25 SCTID assessments closed at $3,416,909, exceeding the $3.2M forecast by

6.8% and the original $2.6M budget by 31.4%. For our 11 SCTID hotel partners, the primary objective remains restoring occupancy (OCC) and average daily rate (ADR) to pre-pandemic 2019 levels and driving revenue per available room (RevPAR) share growth currently through group production. While current occupancy continues to trail peak performance by an estimated 10 14% on average, hotels have made impressive progress in recovering ADR to levels comparable with 2019. This ADR recovery is fueling RevPAR growth and contributing positively to DMO assessments.

As the DMO continues to evolve, our focus remains on securing large groups with Convention Center needs paired with substantial hotel room blocks, as well as high-value self-contained business. In FY 2025/26, a major priority will be building both group and transient demand over weekends (Friday Sunday), a critical need period for our hotels. equipped Board of Directors is essential to the DMO's long leadership to enhance the board's effectiveness and strategic capacity. By investing in prepared to guide the DMO's
Discover Santa Clara® FY 2024/25 Annual Report Page 30 of 56 We will continue to target sports and affinity group segments, which traditionally book over weekends, while also launching - for the first time - Always-O promoting Weekends in Santa Clara. This initiative is designed to increase occupancy share for SCTID hotels and strengthen weekend performance across the destination.

As of June 30, 2025, the DMO expended 83% of the Operating Budget, leaving a balance of $605,382. While the original FY 2024/25 plan anticipated full budget utilization to support the execution of our comprehensive sales and marketing strategies, several key staffing challenges impacted overall expenditures. The FY 2024/25 financials have not yet been formally closed, so these figures remain preliminary and are subject to change.

Income Budget Actuals
SCTID Assessment $2,600,000 $3,416,909
Interest $0 $125,114
Other Revenue $66,000 $66,000
FY 2024/25 Expenditures Budget Actuals Balance

CONVENTION SALES,
INCENTIVES & SERVICES $ 1,711,115 $ 1,127,961 $583,154

MARKETING &
COMMUNICATIONS $864,246 $976,360 ($112,114)
ADMINSTRATION $860,035 $803,928 $56,107
CONTINGENCY $78,000 $0 $78,000
CITY ADMINISTRATION FEE $52,000 $51,765 $235
TOTALS $3,565,396 $2,960,014 $605,382
an" n" Expedia campaign
Due to staggered hiring throughout the year and a vacancy in the Director of Business Operations role for over seven months, the DMO expended only 76% of its total personnel budget.

Additionally, while Convention Sales expended only 66% of its budget, those funds were used strategically to maximize impact. The sales team remained highly active - attending more than 25 tradeshows and hosting multiple client events - while focusing resources on initiatives that delivered the greatest value. This disciplined approach, combined with targeted investments in key sales and marketing priorities, reinforced our business foundation, and allowed us to invest in essential tools and programs that will accelerate progress in the years ahead.

Marketing exceeded its budget by $112,114 due to unplanned investments in the CBS campaign and initial onboarding costs for our new Agency of Record, which were not included in the originally adopted FY 2024/25 Budget.

Discover Santa Clara® FY 2024/25 Annual Report Page 31 of 56 In FY 2024/25, the DMO earned interest revenue on SCTID assessment funds held with the City of Santa Clara, which serves as our fiscal sponsor. This revenue stream is new and had not been realized in prior years. Based on final assessments collected on August 29, 2025, the DMO earned $125,114 in interest revenue.

An additional Reserve Fund, established in FY 2021/22 for large-scale unexpected expenses or emergencies requiring Board of Directors approval, remained untouched this fiscal year.

FY 2024/25 Expenditures Budget Actuals Balance
RESERVE FUND $1,426,158 $0 $1,426,158
The detailed FY 2024/25 Financial Report is included as Appendix A.

KEY PERFORMANCE INDICATORS (KPIs)
While the DMO did not meet its established KPIs for FY 2024/25, we booked more groups than in the prior fiscal year a clear reflection of the strength of our outbound sales efforts. No P1s were consumed during the year; however, we consumed three P2s against a goal of four. For future years, we secured two P1 bookings meeting 50% of our goal and three P2 bookings, achieving 75% of that target. These future bookings are primarily weekend programs, which typically generate smaller hotel room blocks, and Convention Center spend. However, weekends remain a critical need period for our SCTID partner hotels, making these wins an spend and room night commitments outlined in the Booking Policy. In March 2023, the Board of Directors approved a revised policy lowering required thresholds in an effort to be more competitive. While we are now seeing growth in P1 and P2 leads through our Cvent portal, meeting peak room and building spend requirements remains challenging particularly given that our rental pricing and F&B minimums continue to skew higher than many local competitors.

Additionally, expectations for P1 and P2 bookings are not currently grounded in historical performance data or a defined methodology tied to achieving an agreed-upon optimal building occupancy or market mix for the Convention Center. Limited data further complicates the ability to set concrete group booking goals, and a mutually agreed methodology for establishing KPIs has yet to be finalized between OVG, Levy, the DMO, and the City. Moving forward, this will remain a priority to ensure expectations and goals are realistic, aligned, and positioned to deliver results that are both meaningful and measurable for all parties.

Looking ahead, KPIs for FY 2025/26 are set, with ambitious targets for P1 and P2 groups and, for the first time, the inclusion of P3 groups in both consumption and future booking goals.

Following Board approval in October 2024, the DMO now manages P3 groups generated through direct sales outreach as well as those received via our Cvent portal. For FY 2025/26, our goal is to consume eight P3 groups and book twelve for future years. important step in strengthening the city's future group business pipeline.

Historically, large Pl and P2 groups have struggled to meet the Convention Center's building Discover Santa Clara® FY 2024/25 Annual Report Page 32 of 56 The DMO team is fully committed to leveraging current strategies, deepening account development, and pursuing these elevated goals with focus and determination.

While the group landscape is beginning to rebound post-COVID, competition - particularly from Bay Area and other California destinations - remains fierce. Moving forward, we will continue collaborating closely with our SCTID partner hotels, OVG, Levy, and the City to refine goal setting, evolve the Booking Policy, and strengthen our competitive positioning and packaging offers. Our focus will be on attracting and converting large, high-value groups that generate room night demand for partner hotels both within and beyond the Convention Center perimeter, while also driving essential revenue for OVG and Levy and delivering strong economic impact for the City. The DMO will maintain its primary focus on generating room nights for our SCTID partner hotels, which also directly supports the City through lucrative Transient Occupancy Tax (TOT) revenue, currently at 13.5%.

Silicon Valley/Santa Clara DMO Inc.

Performance Measures
2024/25
Target
2024/25
Actuals
2025/26
Target

1. Event Mix (Consumed)
Percent of P1 Events 1.0% 0% 1.0%
Number of P1 Events 2 0 2
Percent of P2 Events 2.0% 1.5% 4.0%
Number of P2 Events 4 3 6
Percent of P3 Events 4.6%
Number of P3 Events 8

2. Number of Definite Events Booked
(booked in the year for future years)
Number of P1 Events 2 1 2
Number of P2 Events 4 3 7
Number of P3 Events 12

3. Convention Center Gross Revenue (P1, P2 & P3) $1,900,000 $478,761 $3,500,000

4. Number of Room Nights Booked (for future years) 6,197 3,165 9,569

5. Number of Room Nights Consumed 4,506 2,714 7,881

6. Number of Weeks Impacted (Consumed) 2 3 2

7. Customer Service Survey Results (overall satisfaction) 85% 85%

8. Number of Prospects (active)
(non-cumulative P1, P2 & P3) 140 24 36

9. Economic Impact (Consumed P1, P2 & P3) $5,491,154 $2,582,600 $6,425,523 Discover Santa Clara® FY 2024/25 Annual Report Page 33 of 56 KPI Summary

1. Event Mix. This KPI targets the optimal mix of convention and meeting types (P1 P5) to deliver the strongest financial and economic outcomes for the City, with an emphasis on event quality over sheer volume.

For FY 2025/26, the DMO will increase the number of P2 groups to be actualized within the fiscal year from four to six and add eight P3 groups to the goal, while the number of consumed P1 groups will remain at two. For future-year bookings made within FY 2025/26, P1 groups will remain flat year-over-year at two, P2 groups will increase from four to seven, and 12 P3 groups will be added to the KPIs for the new fiscal year.

2. Definite Events Booked.
goal for FY 2024/25 was two P1 groups and four P2 groups. We achieved 100% of our P1 goal and 75% of our P2 goal, reflecting solid momentum generated by our sales outreach efforts.

3. Convention Center Gross Revenue.
forecasted at $16,958,765, with three P2 events booked by the DMO contributing $478,761, or 2.8% of the total. Please note that the final gross revenue figure has not yet been finalized and is subject to change.

4. Room Nights Booked. For future years, we achieved 63% of our booking goal, securing 3,915 room nights toward a target of 6,197. Some of the groups booked in FY 2024/25 for future years are weekend leisure groups, which typically generate lower peak room night demand than weekday corporate business. That said, weekends remain a critical need period for our SCTID partner hotels. Moving forward, we will continue to focus on building both weekday and weekend business to strengthen overall performance.

5. Room Nights Consumed. We achieved 60% of the hotel room night goal - 2,714 room nights for FY 2024/25, falling short of the target of 4,506 room nights. This was primarily due to three P2 groups that booked and consumed within the same fiscal year - each of which were weekend programs with lower room night commitments, making it more challenging to meet the annual goal.

6. Number of Weeks Impacted. This KPI reports the number of weeks throughout the year where a P1/P2
and was above the 700 peak room nights threshold per day for two or more days. In FY 2024/25, there were 3 weeks impacted to a goal of 2-weeks (150%) with three P2 groups that consumed in the year.

7. Customer Service Survey Results. reflecting
meeting planner satisfaction with the sales team experience directly supports the overall 85% satisfaction goal. The City terminated its agreement with the third-party customer survey consultant in May 2024 therefore there are no results to report for FY 2024/25. The development of an updated customer survey is on hold.

A "definite" event is a future event confirmed with a signed, executed Convention Center contract and at least one SCTID lodging partner. The DMO's The Convention Center's gross revenue is
event or a combination of events positively impacted Santa Clara's economy The DMO's score for Pl and P2 events-
Discover Santa Clara® FY 2024/25 Annual Report Page 34 of 56

8. Prospects. We continued our partnership with Baronfeld Consulting Group to strengthen sales prospecting and refine our pipeline. Their focus has included requalifying dormant and inactive accounts, expanding our contact database, supporting tradeshow appointment scheduling, refining prospect lists, and identifying qualified group opportunities ultimately helping the sales teamwork from a cleaner, more strategic pipeline.

While the original FY 2024/25 goal called for 140 active prospects, we found this number to be unrealistic. Instead, the team focused on cleaning up account statuses within the CRM, resulting in a smaller but far more accurate and qualified prospect list. By year-end, the team was actively working 24 prospects. Looking ahead, the goal is to continue growing this number thoughtfully, prioritizing quality and strategic alignment over volume alone.

9. Economic Impact. The total economic impact of Convention Center events for the fiscal year was $42,890,666. Of this, $2,582,600 came from the three P2 events booked by the DMO that consumed during the year representing 47% of the $5,491,164 KPI goal and Please note that the
final gross revenue figure has not yet been finalized and is subject to change.

COST
In FY 2024/25, the DMO made significant strides across sales, marketing, and operations. With a fully deployed sales team for the first time, we drove proactive prospecting, participated in 25 high-profile tradeshows, and hosted client events that created meaningful in-person connections with key customers. On the marketing side, we launched the new Santa Clara Visitors Guide and website and developed a robust library of branded photography and video, including a dynamic sizzle reel showcasing the City. We also strengthened our administrative and operational foundation, ensuring the systems, processes, and partnerships are in place to support continued growth. These efforts position us to build on this momentum in FY 2025/26.

Santa Clara enters FY 2025/26 with strong tailwinds and unique opportunities to grow its visitor economy. Group and convention business continues to rebound, fueled by the return of largescale corporate and association events, the steady momentum of sport expanding profile as a host destination. Corporate transient travel is showing modest gains, with a healthy mix of regional, national, and select international business travel feeding demand.

While leisure travel is influenced by economic pressures and shorter booking windows, Santa higher-value visitors across all segments.

Looking ahead, the c outlook is further elevated by major global events on the horizon - SBLX/FWC26 -
partnerships, infrastructure, and enhanced marketing and sales capabilities, are set to deliver both short and long-term awareness.
accounting for 6% of the Convention Center's total economic impact. s tourism, and the city's
Clara's blend of attractions, events, and premium hotel offerings positions the city to capture ity's
anchored at Levi's® Stadium. These events, along with Santa Clara's strong Discover Santa Clara® FY 2024/25 Annual Report Page 35 of 56 These factors make Santa Clara well-positioned to drive increased room nights, elevate visitor spending, and strengthen its standing as a premier destination for meetings, conventions, and leisure travel.

While we only expended 83% of our adopted budget, we successfully executed comprehensive operations foundation.

Unused funds were primarily the result of not filling a budgeted position and staggered hiring of four team members, which limited our ability to fully implement all planned initiatives.

Convention Sales came in $583,154 under budget, yet the team strategically prioritized and delivered high-impact sales efforts that position us for accelerated progress in the year ahead.

Marketing expenditures exceeded budget by $112,114 due to unplanned but high-value advertising opportunities with CBS and costs tied to onboarding our new Agency of Record, Madden Media.

The groundwork laid in FY 2024/25 has set the stage for continued success and measurable ROI in FY 2025/26, as well as positioning the DMO to fully capitalize on the opportunities presented by hosting SBLX/FWC26.
5/26 budget reflects a 14% increase compared to the adopted FY 2024/25 budget, with strategically allocated spending to guide the DMO toward sustained growth and success.

The full FY 2025/26 Adopted Operating Budget is included as Appendix B.

BUDGETED COST BY PROGRAM FY 2025/26
Adopted
% of Budget
CONVENTION SALES, INCENTIVES & SERVICES $1,668,849 41.2% MARKETING & COMMUNICATIONS $1,147,676 28.4%
ADMINSTRATION $1,056,387 26.1%
CONTINGENCY $105,000 2.6%
CITY ADMINISTRATION FEE $70,000 1.7%
TOTAL OPERATING BUDGET $4,047,912 100%
FY 2025/26 Projections
The cost of implementing improvements and initiatives in FY 2025/26 is aligned with the Plan.

The overall budget has increased, driven by a fully staffed team, continued aggressive sales outreach and account penetration to drive group bookings, execution of major projects in collaboration with our Agency of Record - including the SBLX/FWC26 Activation Plan - and investment in advanced data capture tools to better measure the ROI of our sales and marketing efforts.
sales and marketing strategies that strengthened the DMO's business The DMO's adopted FY 202
Discover Santa Clara® FY 2024/25 Annual Report Page 36 of 56 In addition, the SCTID and Silicon Valley/Santa Clara DMO, Inc. renewal process is underway, bringing related costs into the FY 2025/26 budget. Every effort is strategically focused on capitalizing on business opportunities for our SCTID hotels, partner venues, and the city of Santa Clara as a whole.

The total Operating Budget for FY 2025/26 is $4,047,912. This includes an estimated $3,500,000 in SCTID collections for the fiscal year, $481,912 in carry-over funds from FY 2024/25 and prior years, and $66,000 in other revenue.

In past years, the DMO has maintained a marketing Memorandum of Understanding (MOU) with both OVG and Levy to support specific marketing projects for these partners during the fiscal year. While the $66,000 allocation is currently reflected in the FY 2025/26 Adopted Budget, the status of the MOU for the upcoming year is still pending, as all parties consider options moving forward. The DMO will update the documentation and communicate any changes to the Board and City once a final decision has been reached.

The categorical breakdown is outlined below, with all budget category allocations of estimated SCTID revenue for FY 2025/26 remaining within the authorized twenty percent (20%) Category % of
Budget
FY 2025/26
Assessment
Estimate
YOY
Percentage
% Change
from
FY 2024/25
Other
Revenue Carryover
FY
2025/26
Operating
Budget

CONVENTION

SALES, INCENTIVES
& SERVICES

41.2% $1,442,000 -14.2% $0 $226,849 $1,668,849

MARKETING &
COMMUNICATIONS 28.4% $994,000 17.4% $66,000 $87,676 $1,147,676 ADMINSTRATION 26.1% $913,500 8.3% $0 $142,887 $1,056,387 CONTINGENCY 2.6% $91,000 18.2% $0 $14,000 105,000
CITY

ADMINISTRATION
FEE

1.7% $59,500 13.3% $0 $10,500 70,000
TOTALS 100% $3,500,000 $66,000 $481,912 $4,047,912
adjustment from the prior year's allocations.

Discover Santa Clara® FY 2024/25 Annual Report Page 37 of 56

ASSESSMENT
The assessment rate for the initial year FY 2021/22, was one and one-half percent (1.5%) on gross short-term (30 days or less) room rentals (10 rooms or more). an increase of one-half
percent (0.50%) for FY 2022/23 increasing the annual assessment rate to the maximum of two percent (2.0%) on gross short-term room rentals. Based on the benefit received, assessments will not be collected on stays by any officer or employee of a foreign government who is exempt by reason of express provision of Federal law or international treaty. Additionally, assessments will not be collected on stays by any Federal or State of California officer or employee on official business who shall provide one of the following; a warrant or check drawn on the Treasury of the United States; a copy of the official travel orders indicating the issuing name and stating that the stay is for official government business. The dates of occupancy must also be included.
whether or not actually charged by the lodging business, for the occupancy of space in a lodging business valued in money, whether said gross room rental revenue is received in money, goods, labor, or otherwise, including all receipts, cash, credits, and property and services of any kind or nature.

A lodging business may provide complimentary non-assessable rooms for employee use; guest satisfaction or charitable purposes (by a qualified 501(c)(3) charity) and a lodging business shall detail all complimentary non-assessable rooms in its regular reporting.

Failure to accurately report complimentary rooms shall result in assessment of the rooms in question. Gross room rental revenue shall not include any federal, state, or local taxes collected, including but not limited to transient occupancy taxes. The assessment is levied upon and a direct obligation of the assessed lodging business.

However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the SCTID alternative, the disclosure may include the amount of the SCTID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code solely upon and is the sole obligation of the assessed lodging business even if it is passed on to transients.

In compliance with the Plan, the DMO's Board of Directors approved governmental agency and the employee's full name; or, a copy of a letter on the official letterhead of an exempt governmental agency requesting exemption and listing the employee's The term "gross room rental revenue" as used herein means: the consideration received, assessment is identified separately it shall be disclosed as the "SCTID Assessment." As an §13995 et seq. and shall be disclosed as the "Tourism Assessment." The assessment is imposed Discover Santa Clara® FY 2024/25 Annual Report Page 38 of 56 The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes. Bonds or any debt obligation shall not be issued.

Time and Manner for Collecting Assessments
The City will continue to be responsible for collecting the assessment on a quarterly basis or at the close of any shorter reporting period as established by the Director of Finance (including any delinquencies, penalties, and interest) from each assessed lodging business. The City shall make all reasonable efforts to collect the assessments from each assessed lodging business.

The City For FY 2025/26,
the City will collect assessments on a monthly vs. quarterly basis.

Penalties and Interest
The SCTID shall reimburse the City of Santa Clara for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent SCTID assessment are sought to be recovered in the same collection action by the City, the SCTID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Delinquency Interest.

Any lodging business that fails to remit any assessment imposed within the time required shall pay interest as described in subparagraph three below.

2. Penalty for Willful Noncompliance or Repeated Delinquencies.

If the City determines that the nonpayment of any remittance due is due to willful noncompliance or repeated delinquencies, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the interest as required by subparagraph three below.

3. Calculation of Interest.

In addition to the penalties imposed, any lodging business that fails to remit any assessment imposed shall pay interest at the rate of the United States government T-Bills sold at the latest sale prior to the date of the delinquency plus three percent (3%) prorated per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

4. Penalties and Interest Merged with Assessment
Except for the purpose of calculation of interest and penalties, every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the assessment herein.
shall forward the assessments collected to the Owners' Association.

Discover Santa Clara® FY 2024/25 Annual Report Page 39 of 56

SURPLUS AND OTHER FUNDING
Surplus / Deficit
The surplus includes SCTID collections that have been carried over from previous years. The total amount of funds to be carried over is estimated at $5,142,983. $226,849 is allocated to Convention Sales, Incentives & Services, $87,676 is allocated to Marketing & Communications, and $142,887 is allocated to Administration for FY 2025/26. Of the remaining funds, $1,619,165 will be placed into a Reserve Fund leaving a balance of $3,066,406 in unallocated funds.

Category Carryover
Convention, Incentives & Services $226,849
Marketing & Communications $87,676
Administration $142,887
Reserve Fund $1,619,165
Unallocated $3,066,406
TOTAL $5,142,983
Other Funding
As noted earlier in the report, in past years the DMO has received $66,000 in marketing support through a marketing MOU with OVG and Levy Restaurants - $36,000 from OVG, the company appointed by the City of Santa Clara to manage the Convention Center, and $30,000 from Levy Restaurants, the contracted food and beverage provider for groups and events at the Convention Center. For FY 2025/26, the status of the MOU is pending, as all parties consider options moving forward. The DMO will update the documentation and communicate any changes to the Board and City once a final decision has been reached.

In FY 2024/25, the DMO also began collecting interest revenue on our assessment fund account held with the City, our fiscal sponsor. Interest revenue is forecasted at $160,000, which may change once final Q4 assessment revenue is collected.

Discover Santa Clara® FY 2024/25 Annual Report Page 40 of 56 Appendix A FY 2024/25 Financial Report
FY 24/25
Budget
YTD Budget YTD Actual Variance
Budget Item YTD Annual

CONVENTION SALES, INCENTIVES & SERVICES
51000 Personnel $ 823,788.00 $ 823,788.00 $ 637,781.43 $ 186,006.57 77% 77% 51100 Salary $ 560,500.00 $ 560,500.00 $ 472,043.88 $ 88,456.12 84% 84% 51600 Incentives $ 117,200.00 $ 117,200.00 $ 97,347.79 $ 19,852.21 83% 83% 51300 Benefits $ 93,114.00 $ 93,114.00 $ 28,350.98 $ 64,763.02 30% 30% 51310 Health $ 76,830.00 $ 76,830.00 $ 8,052.58 $ 68,777.42 10% 10% 51400 401K Fee $ 16,284.00 $ 16,284.00 $ 20,298.40 $ (4,014.40) 125% 125% 51200 Payroll Taxes $ 48,054.00 $ 48,054.00 $ 38,078.78 $ 9,975.22 79% 79% 51710 Other-Cell Phone Stipend $ 1,920.00 $ 1,920.00 $ 1,960.00 $ (40.00) 102% 102% 51722 Other-relocation $ 3,000.00 $ 3,000.00 $ - $ 3,000.00 0% 0% Convention Sales, Incentives & Services Expenses $ 887,327.00 $ 887,327.00 $ 490,179.87 $ 397,147.13 55% 55% Contract Services $ 57,600.00 $ 57,600.00 $ 61,340.00 $ (3,740.00) 106% 106% 54460 Baronfeld Consulting, LLC. $ 57,600.00 $ 57,600.00 $ 61,340.00 $ (3,740.00) 106% 106% Memberships $ 48,993.00 $ 48,993.00 $ 31,560.20 $ 17,432.80 64% 64% 55120 PCMA $ 2,080.00 $ 2,080.00 $ 2,499.98 $ (419.98) 120% 120% 55130 MPI ACE/WEC $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 4,000.00 20% 20% 55140 CALSAE $ 800.00 $ 800.00 $ 664.00 $ 136.00 83% 83% 55150 California Travel Association $ 2,153.00 $ 2,153.00 $ 1,063.74 $ 1,089.26 49% 49% 55155 Sales & Marketing Executives International $ 800.00 $ 800.00 $ - $ 800.00 0% 0% 55160 San Francisco Travel Association $ 5,250.00 $ 5,250.00 $ 3,750.00 $ 1,500.00 71% 71% 55165 SITE Global $ 500.00 $ 500.00 $ - $ 500.00 0% 0%
55166 Association Forum $ 410.00 $ 410.00 $ 195.00 $ 215.00 48% 48% 55167 U.S. Travel Board Membership $ 32,000.00 $ 32,000.00 $ 22,187.48 $ 9,812.52 69% 69% 55168 WISE $ - $ - $ 200.00 $ (200.00) 0% 0%
Subscription Services $ 103,138.00 $ 103,138.00 $ 116,763.31 $ (13,625.31) 113% 113% 55212 Knowland $ 15,228.00 $ 15,228.00 $ 11,430.00 $ 3,798.00 75% 75% 55220 CVENT $ 35,320.00 $ 35,320.00 $ 44,735.00 $ (9,415.00) 127% 127% 55221 Tourism Economics Lodging Report $ - $ - $ 10,000.00 $ (10,000.00) 10000% 10000% 55250 Conference Direct $ 24,900.00 $ 24,900.00 $ 22,458.32 $ 2,441.68 90% 90% 55260 HelmsBriscoe $ 11,000.00 $ 11,000.00 $ 7,333.36 $ 3,666.64 67% 67% 55270 Zoominfo $ 13,890.00 $ 13,890.00 $ 10,995.00 $ 2,895.00 79% 79% 55280 BOX $ 2,800.00 $ 2,800.00 $ 2,539.63 $ 260.37 91% 91% 55295 Visiting Media $ - $ - $ 7,272.00 $ (7,272.00) 0% 0% 56400 Business Development $ 250,000.00 $ 250,000.00 $ 5,550.00 $ 244,450.00 2% 2% Silicon Valley/Santa Clara DMO, Inc.

FY 2024/25 YEAR-TO-DATE (YTD) SUMMARY BY PROGRAM JUNE 2025 Expended
Discover Santa Clara® FY 2024/25 Annual Report Page 41 of 56 FY 24/25
Budget
YTD Budget YTD Actual Variance
Budget Item YTD Annual
Conferences and Tradeshows $ 72,700.00 $ 72,700.00 $ 80,303.43 $ (7,603.43) 3870% 110% 56310 MPI ACE/WEC $ - $ - $ - 0% 0%
56320 IMEX $ 20,000.00 $ 20,000.00 $ 9,511.90 $ 10,488.10 48% 48% 56329 Destination International Marketing Summit $ 2,400.00 $ 2,400.00 $ 1,200.00 $ 1,200.00 50% 50% 56330 Destination West $ - $ - $ 4,500.00 $ (4,500.00) 0% 0% 56341 Cal Asso Local Economic Dev $ - $ - $ 745.00 $ (745.00) 745% 745% 56360 Destination International Annual Convention $ - $ - $ 2,620.00 $ (2,620.00) 2620% 2620% 56364 Sports Events and Tourism $ - $ - $ 3,049.80 $ (3,049.80) 3050% 3050% 56370 CalTravel Summit $ 4,800.00 $ 4,800.00 $ 4,437.84 $ 362.16 92% 92% 56371 ESTO Conference $ - $ - $ 1,250.00 $ (1,250.00) 1250% 1250% 56374 Esports Travel Summit $ - $ - $ 3,450.00 $ (3,450.00) 0% 0% 56375 Planners Education Conference $ - $ - $ 5,800.00 $ (5,800.00) 5800% 5800% 56380 TEAMS Conference & Expo $ 9,500.00 $ 9,500.00 $ 8,372.41 $ 1,127.59 88% 88% 56381 Prestige Show $ 1,500.00 $ 1,500.00 $ 1,775.00 $ (275.00) 118% 118% 56382 Holiday Showcase $ 4,500.00 $ 4,500.00 $ 4,000.00 $ 500.00 89% 89% 56383 CalSAE Elevate Conference $ 1,000.00 $ 1,000.00 $ 1,195.00 $ (195.00) 120% 120% 56384 Destination California $ 4,500.00 $ 4,500.00 $ 4,500.00 $ - 100% 100% 56386 RCMA Emerge Tradeshow $ - $ - $ 3,747.48 $ (3,747.48) 0% 0% 56388 All Things Meetings $ - $ - $ 1,790.00 $ (1,790.00) 775% 775% 56390 Connect Spring Marketplace $ 1,000.00 $ 1,000.00 $ - $ 1,000.00 0% 0% 56391 U.S Travel Summer Summit $ - $ - $ - $ - 0% 0%
56392 CalSAE Seasonal Spectacular $ 2,500.00 $ 2,500.00 $ 5,160.00 $ (2,660.00) 206% 206% 56393 PCMA Convening Leaders $ 2,500.00 $ 2,500.00 $ - $ 2,500.00 0% 0% 56394 Visit Outlook Forum $ 3,900.00 $ 3,900.00 $ 3,396.00 $ 504.00 87% 87% 56395 Simpleview Annual Summit $ 1,500.00 $ 1,500.00 $ 1,499.00 $ 1.00 100% 100% 56396 Destinations International - CEO Summit $ 1,800.00 $ 1,800.00 $ - $ 1,800.00 0% 0% 56397 Visit California CEO Mission $ 5,000.00 $ 5,000.00 $ - $ 5,000.00 0% 0% 56398 Helms Briscoe Conference $ 5,500.00 $ 5,500.00 $ 6,000.00 $ (500.00) 109% 109% 56399 MPINCC ACE $ 800.00 $ 800.00 $ 2,304.00 $ (1,504.00) 288% 288% Silicon Valley/Santa Clara DMO, Inc.

FY 2024/25 YEAR-TO-DATE (YTD) SUMMARY BY PROGRAM JUNE 2025 Expended
Discover Santa Clara® FY 2024/25 Annual Report Page 42 of 56 FY 24/25
Budget
YTD Budget YTD Actual Variance
Budget Item YTD Annual
Travel & Entertainment $ 112,896.00 $ 112,896.00 $ 77,220.78 $ 35,675.22 68% 68% 56610 Destination International Annual Convention $ - $ - $ 4,946.91 $ (4,946.91) 4947% 4947% 56611 CalTravel Summit $ 5,340.00 $ 5,340.00 $ 6,498.20 $ (1,158.20) 122% 122% 56620 MPI ACE/WEC $ 1,730.00 $ 1,730.00 $ 960.28 $ 769.72 56% 56% 56621 TEAMS Conference + Expo $ 2,270.00 $ 2,270.00 $ 5,151.16 $ (2,881.16) 227% 227% 56622 Connect Spring Marketplace $ 3,090.00 $ 3,090.00 $ - $ 3,090.00 0% 0% 56633 PCMA Convening Leaders $ 2,725.00 $ 2,725.00 $ - $ 2,725.00 0% 0% 56635 CalSEA Seasonal Spectacular $ 1,025.00 $ 1,025.00 $ 307.67 $ 717.33 30% 30% 56640 IMEX North America $ 6,220.00 $ 6,220.00 $ 7,354.86 $ (1,134.86) 118% 118% 56641 Prestige Show $ 385.00 $ 385.00 $ 10.00 $ 375.00 3% 3% 56645 Visit California Outlook Forum $ 5,335.00 $ 5,335.00 $ 5,201.08 $ 133.92 97% 97% 56649 Simpleview Annual Summit $ 880.00 $ 880.00 $ 56.00 $ 824.00 6% 6% 56655 Destination International - CEO Summit $ 2,560.00 $ 2,560.00 $ - $ 2,560.00 0% 0% 56660 Visit California CEO Mission $ 2,955.00 $ 2,955.00 $ - $ 2,955.00 0% 0% 56665 Helms Briscoe $ 2,370.00 $ 2,370.00 $ 3,057.83 $ (687.83) 129% 129% 56669 Destinations International - Marketing Summit $ 4,536.00 $ 4,536.00 $ 3,626.65 $ 909.35 80% 80% 56671 ESTO Conference $ - $ - $ 3,225.25 $ (3,225.25) 3225% 3225% 56675 Quarterly Sales Trips $ 30,000.00 $ 30,000.00 $ 14,918.20 $ 15,081.80 50% 50% 56677 Destination DC Conference $ - $ - $ 2,207.25 $ (2,207.25) 0% 0% 56678 Destination West Conference $ - $ - $ 1,632.35 $ (1,632.35) 637% 637% 56679 Client Entertainment $ 28,800.00 $ 28,800.00 $ 4,701.16 $ 24,098.84 16% 16% 56681 Holiday Showcase $ 3,000.00 $ 3,000.00 $ 6,125.86 $ (3,125.86) 204% 204% 56682 CALSAE Elevate Conference $ 1,835.00 $ 1,835.00 $ 991.25 $ 843.75 54% 54% 56683 Destination California $ 1,900.00 $ 1,900.00 $ 1,193.24 $ 706.76 63% 63% 56684 Conference Direct Partners Meeting $ 2,600.00 $ 2,600.00 $ - $ 2,600.00 0% 0% 56690 Mileage Reimbursement $ 3,340.00 $ 3,340.00 $ 249.84 $ 3,090.16 7% 7% 56691 U.S Travel Summer Summit $ - $ - $ - $ - 0% 0%
56692 RCMA Emerge Tradeshow $ - $ - $ 583.99 $ (583.99) 0% 0% 56693 Cal Asso Local Economic Dev $ - $ - $ 1,374.93 $ (1,374.93) 0% 0% 56694 Sports Events and Tourism $ - $ - $ 1,233.72 $ (1,233.72) 0% 0% 56695 Esport Travel Summit $ - $ - $ 1,613.10 $ (1,613.10) 0% 0% Support Services $ 242,000.00 $ 242,000.00 $ 117,442.15 $ 124,557.85 49% 49% 56810 Client Events + Entertainment $ 120,000.00 $ 120,000.00 $ 61,400.94 $ 58,599.06 51% 51% 56812 Client Activations $ 6,000.00 $ 6,000.00 $ 6,000.00 0% 0% 56813 Personalized Greetings $ 2,400.00 $ 2,400.00 $ 2,400.00 0% 0% 56820 Site Visits $ 16,800.00 $ 16,800.00 $ 280.08 $ 16,519.92 2% 2% 56830 Familiarization Trips $ 60,000.00 $ 60,000.00 $ 20,831.27 $ 39,168.73 35% 35% 56831 Promotional Items $ 10,000.00 $ 10,000.00 $ 11,031.17 $ (1,031.17) 110% 110% 56832 Tradeshow Booth Activations $ 20,000.00 $ 20,000.00 $ 20,370.52 $ (370.52) 102% 102% 56833 Tradeshow Shipping $ 6,800.00 $ 6,800.00 $ 3,528.17 $ 3,271.83 52% 52% TOTAL CONVENTION SALES, INCENTIVES & SERVICES $ 1,711,115.00 $1,711,115.00 $ 1,127,961.30 $ 583,153.70 66% 66% Silicon Valley/Santa Clara DMO, Inc.

FY 2024/25 YEAR-TO-DATE (YTD) SUMMARY BY PROGRAM JUNE 2025 Expended
Discover Santa Clara® FY 2024/25 Annual Report Page 43 of 56 FY 24/25
Budget
YTD Budget YTD Actual Variance
Budget Item YTD Annual

ADMINISTRATION
Personnel $ 496,169.00 $ 496,169.00 $ 435,193.01 $ 60,975.99 88% 88% 51100 Salary $ 370,269.00 $ 370,269.00 $ 307,824.86 $ 62,444.14 83% 83% 51600 Incentives $ 61,688.00 $ 61,688.00 $ 66,423.91 $ (4,735.91) 108% 108% 51300 Benefits $ 36,252.00 $ 36,252.00 $ 29,849.36 $ 6,402.64 82% 82% 51310 Health $ 25,560.00 $ 25,560.00 $ 21,089.26 $ 4,470.74 83% 83% 51400 401K Fee $ 10,692.00 $ 10,692.00 $ 8,760.10 $ 1,931.90 82% 82% 51200 Payroll Taxes $ 21,000.00 $ 21,000.00 $ 21,104.88 $ (104.88) 100% 100% 51710 Other-Cell Phone Stipend $ 960.00 $ 960.00 $ 2,190.00 $ (1,230.00) 228% 228% 51730 Other-Car Allowance $ 6,000.00 $ 6,000.00 $ 7,800.00 $ (1,800.00) 130% 130% Administrative Expenses $ 363,866.00 $ 363,866.00 $ 368,734.54 $ (4,868.54) 101% 101% Contract Services $ 229,914.00 $ 229,914.00 $ 248,236.12 $ (18,322.12) 108% 108% 54410-10 Accounting Services $ 56,000.00 $ 56,000.00 $ 68,859.34 $ (12,859.34) 123% 123% 54410-20 PP&Co. Tax Preparation $ 5,500.00 $ 5,500.00 $ 9,015.00 $ (3,515.00) 164% 164% 54410-30 City of Santa Clara Fiscal Sponsorship $ 9,500.00 $ 9,500.00 $ 9,196.80 $ 303.20 97% 97% 54420 Legal Services $ 35,000.00 $ 35,000.00 $ 38,422.50 $ (3,422.50) 110% 110% 54425 SmartCity IT Services $ 5,574.00 $ 5,574.00 $ 5,854.13 $ (280.13) 105% 105% 54430 Payroll Services $ 7,340.00 $ 7,340.00 $ 7,326.13 $ 13.87 100% 100% 54440 Audit $ 15,000.00 $ 15,000.00 $ - $ 15,000.00 0% 0% 54470 Professional Services $ 84,000.00 $ 84,000.00 $ 85,101.61 $ (1,101.61) 101% 101% 54471 Civitas Advisors - Consulting Agreement $ - $ - $ 6,240.00 $ (6,240.00) 0% 0% 54472 Civitas Advisors - SCTID Renewal Agreement $ - $ - $ 13,772.86 $ (13,772.86) 0% 0% 54480 HR Services $ 12,000.00 $ 12,000.00 $ 4,447.75 $ 7,552.25 37% 37% Operating Expenses $ 59,010.00 $ 59,010.00 $ 53,188.53 $ 5,821.47 90% 90% 54605 Banking Fees $ 480.00 $ 480.00 $ 91.67 $ 388.33 19% 19% 54610 Software Licenses $ 10,750.00 $ 10,750.00 $ 10,634.73 $ 115.27 99% 99% 54620 Postage $ 1,000.00 $ 1,000.00 $ 146.15 $ 853.85 15% 15% 54630 IT - Computer Supplies $ - $ - $ 9,668.92 $ (9,668.92) 0% 0% 54640 Licenses $ 180.00 $ 180.00 $ 510.25 $ (330.25) 283% 283% 54660 Office Supplies $ 8,000.00 $ 8,000.00 $ 4,900.19 $ 3,099.81 61% 61% 54670 DMO Office Rent $ 8,100.00 $ 8,100.00 $ 8,100.00 $ - 100% 100% 54680 Internal Meetings & Training $ 30,000.00 $ 30,000.00 $ 19,136.62 $ 10,863.38 64% 64% 54690 Recruitment $ 500.00 $ 500.00 $ - $ 500.00 0% 0%
Silicon Valley/Santa Clara DMO, Inc.

FY 2024/25 YEAR-TO-DATE (YTD) SUMMARY BY PROGRAM JUNE 2025 Expended
Discover Santa Clara® FY 2024/25 Annual Report Page 44 of 56 FY 24/25
Budget
YTD Budget YTD Actual Variance
Budget Item YTD Annual

MARKETING & COMMUNICATIONS
Personnel $ 488,766.00 $ 488,766.00 $ 428,983.96 $ 59,782.04 88% 88% 51100 Salary $ 322,750.00 $ 322,750.00 $ 297,273.19 $ 25,476.81 92% 92% 51600 Incentives $ 66,938.00 $ 66,938.00 $ 82,047.41 $ (15,109.41) 123% 123% 51300 Benefits $ 62,670.00 $ 62,670.00 $ 27,565.73 $ 35,104.27 44% 44% 51310 Health $ 48,510.00 $ 48,510.00 $ 17,060.62 $ 31,449.38 35% 35% 51400 401K Fee $ 14,160.00 $ 14,160.00 $ 10,505.11 $ 3,654.89 74% 74% 51200 Payroll Taxes $ 35,208.00 $ 35,208.00 $ 20,897.63 $ 14,310.37 59% 59% 51710 Other-Cell Phone Stipend $ 1,200.00 $ 1,200.00 $ 1,200.00 $ - 100% 100% Marketing Expenses $ 375,480.00 $ 375,480.00 $ 547,376.42 $ (171,896.42) 146% 146% Contract Services $ 305,480.00 $ 305,480.00 $ 462,603.78 $ (157,123.78) 151% 151% 54411 Marketing Services Contract - We the Creative $ 33,000.00 $ 33,000.00 $ 45,902.50 $ (12,902.50) 139% 139% 54412 Digital Marketing (PPC, SEO + Social Media Ads) $ 70,000.00 $ 70,000.00 $ 64,203.00 $ 5,797.00 92% 92% 54413 Influencer Marketing $ 21,500.00 $ 21,500.00 $ 25,161.13 $ (3,661.13) 117% 117% 54415 Photography $ 5,000.00 $ 5,000.00 $ 2,834.20 $ 2,165.80 57% 57% 54416 Videography $ 10,000.00 $ 10,000.00 $ 946.35 $ 9,053.65 9% 9% 54417 Branding services $ 5,000.00 $ 5,000.00 $ - $ 5,000.00 0% 0% 54419 Website Hosting & SEO - Madden Media $ 30,480.00 $ 30,480.00 $ 33,544.05 $ (3,064.05) 110% 110% 54491 OmniChannel Marketing Project - Madden Media $ 105,000.00 $ 105,000.00 $ 64,450.24 $ 40,549.76 61% 61% 54492 VibeMap $ 7,500.00 $ 7,500.00 $ 9,737.86 $ (2,237.86) 130% 130% 54493 Content Creation Fund $ 18,000.00 $ 18,000.00 $ 7,826.41 $ 10,173.59 43% 43% 54494 Visitor Guide Shipping $ - $ - $ 9,515.00 $ (9,515.00) 0% 0% 54495 Marketing Agency of Record - Madden Media $ - $ - $ 147,836.00 $ (147,836.00) 0% 0% 54496 SBLX/FWC26 Activation Plan - Madden Media $ - $ - $ 50,647.04 $ (50,647.04) 0% 0% 56510 Advertising $ 70,000.00 $ 70,000.00 $ 84,772.64 $ (14,772.64) 121% 121% TOTAL MARKETING & COMMUNICATIONS $ 864,246.00 $ 864,246.00 $ 976,360.38 $ (112,114.38) 113% 113%

FY 2024/25 YEAR-TO-DATE (YTD) SUMMARY BY PROGRAM JUNE 2025 Expended
Discover Santa Clara® FY 2024/25 Annual Report Page 45 of 56 FY 24/25 Budget
YTD Budget YTD Actual Variance
Budget Item YTD Annual
Insurance $ 10,059.00 $ 10,059.00 $ 16,891.02 $ (6,832.02) 168% 168% 54710 Workers Compensation $ 2,160.00 $ 2,160.00 $ 3,402.00 $ (1,242.00) 158% 158% 54720 Business Owners Liability and Property $ 2,050.00 $ 2,050.00 $ 5,471.34 $ (3,421.34) 267% 267% 54730 Professional Cyber Liability $ 3,667.00 $ 3,667.00 $ 3,794.33 $ (127.33) 103% 103% 54740 Management Liability $ 2,182.00 $ 2,182.00 $ 4,223.35 $ (2,041.35) 194% 194% Memberships $ 5,120.00 $ 5,120.00 $ 7,293.00 $ (2,173.00) 142% 142% 55110 Destiinations International $ 5,120.00 $ 5,120.00 $ 7,293.00 $ (2,173.00) 142% 142% Subscription Services $ 59,763.00 $ 59,763.00 $ 43,125.87 $ 16,637.13 72% 72% 55210 Act On $ 10,283.00 $ 10,283.00 $ 9,576.00 $ 707.00 93% 93% 55213 CoStar Realty Information $ 20,000.00 $ 20,000.00 $ 6,334.91 $ 13,665.09 32% 32% 55214 Simpleview - Annual Subscription $ 14,330.00 $ 14,330.00 $ 18,044.96 $ (3,714.96) 126% 126% 55215 Additional Support Hours $ 6,300.00 $ 6,300.00 $ - $ 6,300.00 0% 0% 55230 Destination International EIC Subscription $ 7,650.00 $ 7,650.00 $ 9,000.00 $ (1,350.00) 118% 118% 55240 Trade Journal/Newspapers $ 1,200.00 $ 1,200.00 $ 170.00 $ 1,030.00 14% 14% TOTAL ADMINISTRATION $ 860,035.00 $ 860,035.00 $ 803,927.55 $ 56,107.45 93% 93% 58000 Contingency $ 78,000.00 $ 78,000.00 $ - $ 78,000.00 0% 0% 60000 City Administration Fee $ 52,000.00 $ 52,000.00 $ 51,765.12 $ 234.88 100% 100% TOTAL OPERATING BUDGET $ 3,565,396.00 $3,565,396.00 $ 2,960,014.35 $ 605,381.65 83% 83% Silicon Valley/Santa Clara DMO, Inc.

FY 2024/25 YEAR-TO-DATE (YTD) SUMMARY BY PROGRAM JUNE 2025 Expended
Discover Santa Clara® FY 2024/25 Annual Report Page 46 of 56 Appendix B - FY 2025/26 Operating Budget
Revenue FY 2024/25
Adopted
FY 2025/26
Proposed
Variance
Interest - $ 175,000 $ 175,000
SCTID Assessment $ 2,600,000 $ 3,500,000 $ 900,000
Levy Marketing Contribution $ 30,000 $ 30,000 $ -
OVG 360 Marketing Contribution $ 36,000 $ 36,000 $ -
FY 2025/26 REVENUE $ 2,666,000 $ 3,741,000 $ 1,075,000
Silicon Valley/Santa Clara DMO, Inc.

FY 2025/26 Proposed Budget
Budget Item FY 2024/25
Adopted
FY 2025/26
Proposed
Variance
FY 2024/25
Adopted
&
FY 2025/26
Proposed

CONVENTION SALES, INCENTIVES & SERVICES
Personnel $823,788 $ 732,122 $ 91,666
Incentives $117,200 $ 107,888 $ 9,313
Benefits $93,114 $ 49,068 $ 44,046
Health & Dental 76,830 17,988 $ 58,842
Retirement Plan 16,284 31,080 $ (14,796)
Payroll Taxes $48,054 $ 47,196 $ 858
Other - Cell Phone Stipend $1,920 $ 1,920 $ -
Other - Relocation $3,000 $ - $ 3,000
Purchased Goods & Services $ 887,327 $ 936,727 $ (49,400) Business Development $250,000 $ 250,000 $ -
Conferences and Tradeshows $72,700 $ 82,542 $ (9,842)
Destination International Annual Convention - 2,742 $ (2,742) RCMA Emerge Show - 2,100 $ (2,100)
CalTravel Summit 4,800 - $ 4,800
IMEX America 20,000 10,000 $ 10,000
TEAMS Conference & Expo 9,500 10,000 $ (500)
Connect Spring Marketplace 1,000 5,000 $ (4,000)
CalSAE Seasonal Spectacular 2,500 5,600 $ (3,100)
Destinations West - Northstar Meetings - 5,000 $ (5,000) PCMA Convening Leaders 2,500 - $ 2,500
Visit California Outlook Forum 3,900 1,700 $ 2,200
Simpleview Annual Summit 1,500 - $ 1,500
Destinations International - CEO Summit 1,500 1,500 $ - Visit California CEO Mission 5,000 - $ 5,000
Helms Briscoe ABC Conference 5,500 - $ 5,500
MPINCC ACE 800 800 $ -
Sports Events & Tourism Show (ETA) - 4,000 $ (4,000)
U.S. Travel Summer Summit - 500 $ (500)
Prestige Show 1,500 1,900 $ (400)
Holiday Showcase 4,500 5,000 $ (500)
CalSAE Elevate Conference 1,000 5,500 $ (4,500)
Destination California - Northstar Meetings 4,500 5,000 $ (500) Independent Planners Education Conference (IPEC) - - $ - U.S. Travel ESTO Marketing Conference - 2,500 $ (2,500) U.S. Travel Destination DC - 800 $ (800)
All Things Meetings - Spring Show - 1,250 $ (1,250)
All Things Meetings - Fall Show - 1,250 $ (1,250)
California Association for Local Economic Development (CALED) - 1,300 $ (1,300) E-Sports Summit - 5,100 $ (5,100)
Destinations International Business Operations Summit - 1,500 $ (1,500) Destinations International - Marketing Summit 2,400 2,500 $ (100) Discover Santa Clara® FY 2024/25 Annual Report Page 47 of 56 Silicon Valley/Santa Clara DMO, Inc.

FY 2025/26 Proposed Budget
Budget Item FY 2024/25
Adopted
FY 2025/26
Proposed
Variance
FY 2024/25
Adopted
&
FY 2025/26
Proposed
Contract Services $57,600 $ 58,000 $ (400)
Baronfeld Consulting, LLC. 57,600 58,000 $ (400)
Memberships 48,993 $ 59,942 $ (10,949)
California Society of Association Executives (Cal SAE) 800 870 $ (70) CalTRAVEL 2,153 2,181 $ (28)
San Francisco Travel 5,250 7,686 $ (2,436)
Meeting Professional International (MPI) 5,000 1,152 $ 3,848 Professional Convention Management Association (PCMA) Sponsorship 2,080 5,458 $ (3,378) Sports ETA Membership 800 1,200 $ (400)
SITE Global 500 525 $ (25)
Association Forum 410 410 $ -
U.S. Travel Membership 32,000 40,200 $ (8,200)
WISE Membership - 260 $ (260)
Subscription Services $103,138 $ 204,354 $ (101,216)
CVENT (Consolidated GL#55220-01) 35,320 48,996 $ (13,676) CVENT - Additional User, Cvent Dashboard & Navigator - - $ - Knowland 15,228 16,008 $ (780)
ConferenceDirect 24,900 14,010 $ 10,890
HelmsBriscoe 11,000 22,372 $ (11,372)
ZoomInfo 13,890 11,274 $ 2,616
Visiting Media - 29,688 $ (29,688)
Box 2,800 3,006 $ (206)
Tourism Economics - 59,000 $ (59,000)
Support Services $242,000 $ 176,800 $ 65,200
Site Tours & Personalized Greeting 16,800 7,500 $ 9,300 Familiarization Trips 60,000 8,000 $ 52,000
Client Events + Entertainment 120,000 120,000 $ -
Quarterly Client Activations 6,000 - $ 6,000
Personalized Greetings 2,400 - $ 2,400
Promotional Items 10,000 10,000 $ -
Tradeshow Booth & Activations 20,000 24,500 $ (4,500)
Tradeshow Shipping 6,800 6,800 $ -
Travel & Entertainment 112,896 $ 105,089 $ 7,807
Destination International - Annual Convention - 9,800 $ (9,800) RCMA Emerge Show - 4,125 $ (4,125)
CalTravel Summit 5,340 - $ 5,340
IMEX 6,220 4,720 $ 1,500
TEAMS Conference & Expo 2,270 3,410 $ (1,140)
Connect Spring Marketplace 3,090 2,035 $ 1,055
CalSEA Seasonal Spectacular 1,025 980 $ 45
Destination West - Northstar Meetings - 2,520 $ (2,520) PCMA Convening Leaders 2,725 - $ 2,725
Visit California Outlook Forum 5,335 6,480 $ (1,145)
Simpleview Summit 880 - $ 880
Destination International - CEO Summit 2,560 2,395 $ 165 Visit California CEO Mission 2,955 - $ 2,955
Helms Briscoe 2,370 5,140 $ (2,770)
MPINCC ACE 1,730 1,615 $ 115
Sports Events & Tourism Show (ETA) - 2,045 $ (2,045)
U.S. Travel Summer Summit - 2,450 $ (2,450)
Prestige Show 385 60 $ 325
Holiday Showcase 3,000 2,980 $ 20
CalSAE Elevate Conference 1,835 2,270 $ (435)
Destination California 1,900 1,940 $ (40)
Independent Planners Education Conference (IPEC) - - $ - U.S. Travel ESTO Marketing Conference 3,320 $ (3,320)
U.S Travel Destination Capitol Hill - 3,270 $ (3,270)
All Things Meetings - Spring Show - 240 $ (240)
All Things Meetings - Fall Show - 60 $ (60)
California Association for Local Economic Development (CALED) - 2,370 $ (2,370) E-Sports Summit - 2,570 $ (2,570)
Conference Direct Partners Meeting 2,600 - $ 2,600
Destinations International Business Operations Summit - 3,140 $ (3,140) Destinations International - Marketing Summit 4,536 4,654 $ (118) Quarterly Sales Trips + Missions 30,000 27,500 $ 2,500
Client Entertainment 28,800 - $ 28,800
Mileage Reimbursement 3,340 3,000 $ 340
TOTAL CONVENTION SALES, INCENTIVES & SERVICES $ 1,711,115 $ 1,668,849 $ 42,266 Discover Santa Clara® FY 2024/25 Annual Report Page 48 of 56 Silicon Valley/Santa Clara DMO, Inc.

FY 2025/26 Proposed Budget
Budget Item FY 2024/25
Adopted
FY 2025/26
Proposed
Variance
FY 2024/25
Adopted
&
FY 2025/26
Proposed

MARKETING & COMMUNICATIONS
Personnel $488,766 $ 498,789 $ (10,023)
Salary $302,750 $ 352,085 $ (49,335)
PR As Needed Hourly $20,000 $ - $ 20,000
Incentives $66,938 $ 71,500 $ (4,562)
Benefits $62,670 $ 42,648 $ 20,022
Health & Dental 48,510 25,704 $ 22,806
Retirement Plan 14,160 16,944 $ (2,784)
Payroll Taxes $35,208 $ 31,116 $ 4,092
Other - Cell Phone Stipend $1,200 $ 1,440 $ (240)
Purchased Goods & Services $ 375,480 $ 648,887 $ (273,407) Advertising & Promotions $70,000 $ 192,300 $ (122,300)
CBS - $ 67,300 $ (67,300)
Expedia - $ 120,000 $ (120,000)
Tradeshow Backwalls - $ 5,000 $ (5,000)
Contract Services $305,480 $ 456,587 $ (151,107)
Marketing Services Contract - We the Creative 33,000 37,960 $ (4,960) Digital Marketing (PPC, SEO + Social Media Ads) 70,000 18,902 $ 51,098 Influencer Marketing 21,500 25,008 $ (3,508)
Email Marketing - - $ -
Photography 5,000 - $ 5,000
Videography 10,000 - $ 10,000
Branding Services 5,000 - $ 5,000
Website Evolution - - $ -
Website Hosting & SEO - Madden Media 30,480 26,640 $ 3,840 OmniChannel Marketing Project - Madden Media 105,000 36,000 $ 69,000 VibeMap 7,500 3,750 $ 3,750
Content Creation Special Event Fund 18,000 10,240 $ 7,760 Marketing Agency of Record - Madden Media - 231,295 $ (231,295) SBLX/FWC26 Activation Plan - Madden Media - - $ -
Visitors Guide Shipping - 30,168 $ (30,168)
SBLX/FWC26 Sports & Events Guide Shipping - 15,084 $ (15,084) Mindtrip AI Trip Planner - 11,940 $ (11,940)
Seeker Events - 9,600 $ (9,600)
$ -
TOTAL MARKETING & COMMUNICATIONS $ 864,246 $ 1,147,676 $ (283,430) Discover Santa Clara® FY 2024/25 Annual Report Page 49 of 56 Silicon Valley/Santa Clara DMO, Inc.

FY 2025/26 Proposed Budget
Budget Item FY 2024/25
Adopted
FY 2025/26
Proposed
Variance
FY 2024/25
Adopted
&
FY 2025/26
Proposed

ADMINSTRATION
Personnel $496,169 $ 592,310 $ (96,141)
Salary $370,269 $ 407,000 $ (36,731)
Incentives $61,688 $ 100,050 $ (38,362)
Benefits $36,252 $ 44,604 $ (8,352)
Health & Dental 25,560 29,304 $ (3,744)
401K 10,692 15,300 $ (4,608)
Payroll Taxes $21,000 $ 31,176 $ (10,176)
Other - Cell Phone Stipend $960 $ 2,280 $ (1,320)
Other - Car Allowance $6,000 $ 7,200 $ (1,200)
Purchased Goods & Services $ 363,866 $ 464,077 $ (100,211) Contract Services 259,914 $ 329,440 $ (69,526)
Audit 15,000 35,000 $ (20,000)
Fiscal Services 71,000 103,124 $ (32,124)
Accounting Services 56,000 87,060 $ (31,060)
PP&Co. Tax Preparation 5,500 6,500 $ (1,000)
City of Santa Clara Fiscal Sponsorship 9,500 9,564 $ (64) Human Resources 12,000 12,000 $ -
SmartCity IT Services 5,574 6,720 $ (1,146)
Legal 35,000 40,000 $ (5,000)
ADP Payroll 7,340 7,800 $ (460)
Professional Services 84,000 - $ 84,000
Temp. Staffing Services - - $ -
Civitas Advisors - 124,796 $ (124,796)
Consulting Agreement - 38,376 $ (38,376)
SCTID Renewal Agreement - $ 178,835 $ (178,835)
Internal Team Strategy Meetings & Training 30,000 25,000 $ 5,000 Insurance $10,059 $ 12,410 $ (2,351)
Business Owners Liability & Property 2,050 2,123 $ (73) Management Liability 2,182 3,380 $ (1,198)
Professional Liability 3,667 2,520 $ 1,147
Cyber Insurance 2,505 $ (2,505)
Workers Comp 2,160 1,882 $ 278
Memberships $5,120 $ 7,500 $ (2,380)
Destinations International 5,120 7,500 $ (2,380)
Operating Supplies $9,660 $ 9,512 $ 148
Bank Fees 480 420 $ 60
Licenses 180 840 $ (660)
Office supplies 8,000 8,000 $ -
Postage 1,000 252 $ 748
Software Licenses $10,750 $ 18,505 $ (7,755)
Quickbooks 1,000 1,440 $ (440)
Adobe Acrobat 3,060 3,900 $ (840)
Microsoft Office + Email 3,240 9,400 $ (6,160)
Zoom 930 930 $ -
ChatGBT 4 Pro 2,520 2,835 $ (315)
Discover Santa Clara® FY 2024/25 Annual Report Page 50 of 56 Silicon Valley/Santa Clara DMO, Inc.

FY 2025/26 Proposed Budget
Budget Item FY 2024/25
Adopted
FY 2025/26
Proposed
Variance
FY 2024/25
Adopted
&
FY 2025/26
Proposed
DMO Convention Center Building Services $8,100 $ 8,100 $ - Recruitment $500 $ - $ 500
Subscription Services $59,763 $ 53,610 $ 6,153
Simpleview CRM System 30,913 32,020 $ (1,107)
Annual Subscription 14,330 15,820 $ (1,490)
ACT-ON 10,283 11,200 $ (917)
Additional Support Hours 6,300 - $ 6,300
BookDirect Tool - 5,000 $ (5,000)
Automated Expense Management Tool (New) - 1,300 $ (1,300) Destinations International (EIC) 7,650 9,630 $ (1,980)
CoStar Group (STR Reports) 20,000 10,410 $ 9,590
Trade Journals/Newspapers 1,200 250 $ 950
TOTAL ADMINISTRATION $ 860,035 $ 1,056,387 $ (196,352)
CONTINGENCY $78,000 $ 105,000 $ (27,000)
CITY ADMINSTRATION FEE $52,000 $ 70,000 $ (18,000)
TOTAL OPERATING BUDGET $3,565,396 $ 4,047,912 $ (482,516) Budget Item FY 2024/25
Adopted
FY 2025/26
Proposed
Variance FY
2024/25
Adopted & FY
2025/26
Proposed
% Variance
Personnel $ 1,808,723 $ 1,823,221 $ 14,498 1%
Purchased Goods & Services $ 1,626,673 $ 2,049,691 $ 423,018 26% Contingency $ 78,000 $ 105,000 $ 27,000 35%
City Administration Fee $ 52,000 $ 70,000 $ 18,000 35%
TOTAL OPERATING BUDGET $3,565,396 $ 4,047,912 $ 482,516 14% Discover Santa Clara® FY 2024/25 Annual Report Page 51 of 56

Appendix C Assessed Businesses
*In FY 2024/25, two new lodging businesses opened within the boundaries of the SCTID and are therefore subject to the SCTID assessment: Placemkr Santa Clara and AVE Santa Clara. While different from our existing 11 lodging businesses, these properties operate as apartment buildings that also offer a portion of their units to the public for short-term overnight stays. The City of Santa Clara formally notified management of their inclusion within the SCTID boundary and assessment on May 6, 2025.

SCTID Hotel Partner Name Address City, State ZIP
AC Hotel 2970 Lakeside Dr Santa Clara, CA 95054
Avatar Hotel
Tapestry Collection by Hilton
4200 Great America Pkwy Santa Clara, CA 95054
Delta Hotel by Marriott 2151 Laurelwood Rd Santa Clara, CA 95054 Embassy Suites 2885 Lakeside Dr Santa Clara, CA 95054
Hilton Santa Clara 4949 Great America Pkwy Santa Clara, CA 95054 Hyatt House 3915 Rivermark Plaza Santa Clara, CA 95054
Hyatt Regency 5101 Great America Pkwy Santa Clara, CA 95054 Marriott Santa Clara 2700 Mission College Blvd Santa Clara, CA 95054 The Element 1950 Wyatt Dr Santa Clara, CA 95054
Hyatt Centric Santa Clara 3100 Lakeside Dr Santa Clara, CA 95054 TownePlace Suites by Marriott 2877 Lakeside Dr Santa Clara, CA 95054 *AVE Santa Clara (Added May 2025) 2240 Calle De Luna Santa Clara, CA 95054 *Placemkr Santa Clara (Added May 2025) 2333 Calle Del Mundo Santa Clara, CA 95054 Discover Santa Clara® FY 2024/25 Annual Report Page 52 of 56 Appendix D Team Achievements & Industry Accolades
Appendix Item D1: CEO, Christine Lawson
named one of the Power 100 Most
Influential People in Silicon Valley for
2025.

Appendix Item D2: CEO, Christine Lawson
participated in the annual Future of Santa
Clara event panel.

Appendix Item D3: Director of Marketing,
Katelyn Studebaker named one of the 40
Under 40 2024 recipients by Silicon Valley
Business Times.

Appendix Item D4: Marketing Manager, Ben
Landis named
2025.

Silicon alley l"',ow,er 100:
iDflmmtia.l le..aders
Destinations lnternational's
and CalTravel's 30 Under 30 Class of
•••·' OCSTIN.TIONS • 1•1•1 •••I f OU DA 10
Discover Santa Clara® FY 2024/25 Annual Report Page 53 of 56 Appendix Item E4: CEO, Christine Lawson
was a guest mentor at the Silicon Valley
Annual Mentor
Monday Event.

Appendix Item E1:

Appendix Item E2: CEO Christine Lawson,
Director of Marketing Katelyn Studebaker,
and General Manager of the Santa Clara
Convention Center, Kelly Carr at the NFL
Future Host Cities Program
Appendix Item E3:
"Premier Events Shaping
the 2025-2026 Economy

Appendix E - Community & Stakeholder Engagement Highlights Second Harvest of
Silicon Valley Volunteer Event.
. Super Bowl LIX
in New Orleans, LA.

Silicon Valley GBTA
panel speaking to
Business Journal's

IXPERIENCE THE IPPLE EFFECT
Discover Santa Clara® FY 2024/25 Annual Report Page 54 of 56 Appendix Item F1: The TEAMS Tradeshow
in Anaheim, CA.

Appendix Item F2: SF Travel Annual
Luncheon in San Francisco, CA.

Appendix Item F3: IMEX Tradeshow in Las
Vegas, NV.

Appendix Item F4: Sports ETA Show in
Tulsa OK.

Appendix Item F5: DMO Client Event at
Bowlero in the Westfield Valley Fair Mall. Santa
Clara, CA.

Appendix Item F3: IMEX Tradeshow in Las
Vegas, NV.

Appendix Item F6: HelmsBriscoe FAM
Trip, Santa Clara, CA.

Appendix F -Sales Team Event Highlights
e Join meat
Discover Santa Clara® FY 2024/25 Annual Report Page 55 of 56 Appendix G Marketing & Communications Highlights
Appendix Item G1: Discover Santa Clara®
Official Santa Clara Visitor Guide.

Appendix Item G2: Homepage of new
Discover Santa Clara® website.

Appendix Item G3: CBS News Bay Area |
The 49er Experience Presented by
Discover Santa Clara.®
Appendix Item G4: ABC7 News Coverage
of the Hyatt Regency 49ers
Influencer Event.
's
Santa Clara's
Bay
.
--
...__
•
Discover Santa Clara® FY 2024/25 Annual Report Page 56 of 56 Appendix Item G5: Examples of Discover Santa Clara ® Blog Content.

Appendix Item G6:

Top Performing Content from the Hyatt Regency Santa Clara Influencer Event.

Appendix Item G7: Top Performing Content from the Discover Santa Clara® Great America Santa Clara Weekend Staycation Campaign. Top Performing Content:

To.,eo Things to Do lnSanl-3
a ..
--.
•
-·
-
Game Day Gulde: Wh-31 to Do
Ot!fOff and Aflff • 4~
Gart'lle in Santa Clara
.....,_ .
-
•
mk on Y:tllcy TKh Tow
--·
• • •
•
. .
's
Support Womt'n..Qwned
&.a.sinr-sses in Sant• Clara b
WomM's History Month
....., ..... .
's
-
0 712
.. • "
and California's
FY2024/25
Annual report
presentation
SEPTEMBER 23, 2025 I I
City of Santa Clara City Council Meeting
FY 2024/25 ANNUAL REPORT
Discover santa clara’s® mission
The Mission of Discover Santa Clara® is to
promote and drive economic impact to
Santa Clara as the Silicon Valley destination
of choice for meetings, business, and leisure
travel.
2 FY 2024/25 ANNUAL REPORT
FY 2024/25 Board of directors
Catherine Lentz, Chair
Forty Niners Stadium
Management Co.

Kelly Carr, Vice Chair
OVG360
Nany Fullmore
Treasurer
Marriott Santa Clara
Christine Lawson
Secretary/ Ex-Officio
Discover Santa Clara®
Chuck Baker
Ex-Officio
City of Santa Clara
Barb Granter
Board Member
California's Great America
Lorne Ellison
Board Member
Levy Restaurants
Erin Henry
Board Member
Hyatt Regency Santa Clara
Billy Mendez Moreno
Board Member
Delta Hotel, Santa Clara - Silicon Valley
Linh Lam
Board Member
City of Santa Clara
3 Fy 2025/26 adopted operational structure
JiaweiTang
Director of Business
Operations
Contracted Services
Acct., Legal, + HR
Sherry Bastani
National Sales
Manager
Christine Lawson
President & CEO
Teipo Brown, Jr.

Director of Sales &
Destination Services
Andressa Gomes
National Sales
Manager
Baronfeld Consulting
Business Development
Marwa Abubakr
Manager, Data &
Systems
Katelyn Studebaker
Director of Marketing &
Communications
Ben Landis
Senior Marketing
Manager
Zaina Siddiqui
Marketing
Coordinator
Madden Media
Marketing/PR Agency
of Record
4 Year in Review:

Key Accomplishments
5 FY 2024/25 ANNUAL REPORT 6
FY 2024/25
Strategic priorities
Key accomplishments – convention sales
Optimized sales structure with first year of fully deployed sales team. 46% YOY lead growth driven by strategic direct sales outreach.

Attended 25 tradeshows and hosted 13 client events building relationships and expanding lead pipeline. Resulted in over 82 new leads.

Growth in YOY Priority 1 & 2 bookings and consumption performance. [ Expanded prospecting pipeline.

Increased collaboration with Marketing for targeted lead-nurture campaigns and pre/post event strategy.

Continued focus on shared client engagement with SCTID hotel partners.

FY 2024/25 ANNUAL REPORT
]
7 Key accomplishments – marketing
Launched new Website and Santa Clara Visitors Guide.
~
Selected Madden Media as the DMO's Marketing Agency of Record (AOR) putting into motion key projects. ~
Partnered with CBS to execute highly successful Advertising Campaign for the San Francisco 49'ers Experience. ~
Continued to increase followers across lnstagram, Linkedln, and Facebook social media channels by an average of 69% YOY and deepened relationships with key social media influencers through events and activations. ~ Welcomed a new Marketing Coordinator to support growing campaign and content needs. ~
Executed 48 email campaigns and generated content for 19 original destination building biogs. ~
FY 2024/25 ANNUAL REPORT 8
Key accomplishments – administration
Elevated Administrative Services Manager to Director of Business Operations to attract top talent; hired in January 2025. ,,
.,
Completed the FY 2025/26 Operating Budget, approved by the Board of Directors on May 29, 2025.

Defined and Communicated Expanded Booking Scope for the OMO to manage P3 groups generated from direct OMO outreach in addition to Pl's & P2's. ,,
.,
Working with the Bay Area Host Committee (BAHC) on a potential preferred partnership agreement for implementation in FY 2025/26.

Broadened partnership with Civitas Advisors for Board training, on-going advisory support & the SCTID renewal process. r .,
Signed agreement with Tourism Economics to provide the OMO with a stronger data gathering/reporting platform.

Completed and delivered all OMO Quarterly and Annual Reports to the City of Santa Clara.

FY 2024/25 ANNUAL REPORT 9
FY 2025/26
Strategic Focus
10 Fy 2025/26 organizational priorities
Activate NextGen Sales
Strategies
Secure SCTID
&DMO
Renewal
FY 2024/25 ANNUAL REPORT
Drive
Measurable
Group &
Transient ROI
Fortify Core
Policies &
Procedures
Leverage
Website &
Social to Drive
Growth
Execute
SBLX/FWC26
Activation
Plan
11 Financials + KPI
Achievement
12 Fy 2024/25 financials
Income Budget Actuals
*SCTID Assessment $2,600,000 $3,416,909
**Interest N/A $125,114
Other Revenue $66,000 $66,000
FY 2024/25 Expenditures Budget Actuals Balance
Convention Sales, $ 1,711,115 $ 1,127,961 $583,154 Incentives & Services Marketing & $864,246 $976,360 ($112,114) Communications Administration $860,035 $803,928 $56,107
Contingency $78,000 $0 $78,000
City Administration Fee $52,000 $51,765 $235
TOTALS $3,565,396 $2,960,014 $605,382
FY 2024/25 Expenditures Budget Actuals Balance
Reserve Fund $1,426,158 $0 $1,426,158
*Final FY 2024/25 SCTID assessment revenue closed at $3,416,909 - 6.8% above the $3,200,000 forecast. **In FY 2024/25, the DMO earned interest revenue on SCTID assessment funds held with the City of Santa Clara, which serves as our fiscal sponsor. This revenue stream is new and had not been realized in prior years. Based on year-end assessments reported on August 29, 2025, the DMO earned $125,114 in interest revenue.

FY 2024/25 ANNUAL REPORT 13
Kpi chart
Silicon Valley/Santa Clara DMO Inc.

Performance Measures

1. Event Mix (Consumed)
Percent of Pl Events
Number of Pl Events
Percent of P2 Events
Number of P2 Events
Percent of P3 Events
Number of P3 Events

2. Number of Definite Events Booked
(booked in the year for future years)
Number of Pl Events
Number of P2 Events
Number of P3 Events

3. Convention Center Gross Revenue (Pl, P2 & P3)

4. Number of Room Nights Booked (for future years)

5. Number of Room Nights Consumed

6. Number of Weeks Impacted (Consumed)

7. Customer Service Survey Results (overall satisfaction)

8. Number of Prospects (active)
(non-cumulative Pl, P2 & P3)

9. Economic Impact (Consumed Pl, P2 & P3)
FY 2024/25 ANNUAL REPORT

1.0% 0%
2 0

2.0% 1.5%
4 3
2 4 3
$1,900,000 $478,761
6,197 3,165
4,506 2,714
2 3
85%
140 24
$5,491,154 $2,582,600
% Achievement 2025/26 Target
0% 1.0%
0 2
75% 4.0%
75% 6
50% 2
75% 7
12 25% $3,500,000
51% 9,569
60% 7,881
150% 2
85%
17% 36
47% $6,425,523
14 Fy 2025/26 budget &
Program allocations
Budgeted Cost by Program FY2025/28 %of
Adopted Budget
$1,668,849 41.2%
Convention Sales, Incentives & Services
Marketing & Communications $1,147,676 28.4%
$1,056,387 26.1%
Administration
$105,000 2.6%
Contingency
$70,000 1.7%
City Administration Fee
$4,047,912 100%

TOTAL OPERATING BUDGET
FY 2024/25 ANNUAL REPORT 15
Meetings &
Conventions
Video
16 A grey play button in a circle
AI-generated content may be incorrect.

DISCOVER
SA~TA CLARA. FY 2024/25 ANNUAL REPORT
17 Questions?
Thank you
WWW.DISCOVERSANTACLARA.ORG
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1021 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Action on the Proposed Agreement with OUTFRONT Media LLC to Assist in the Sale of Advertising Space on City-Owned and City-Controlled Assets in Preparation for 2026 Major Events

BACKGROUND
Levi’s® Stadium (“Stadium”), home to the San Francisco 49ers and a premier venue for world-class sports, entertainment, and community events, has been selected to host two globally significant events in 2026 (“2026 Events”). On February 8, 2026, the Stadium is scheduled to host Super Bowl LX, marking its second time hosting the NFL’s championship game, following Super Bowl 50 in 2016.

Between June 13 and July 1 of 2026, the Stadium will also serve as an official venue for the FIFA World Cup, hosting six matches including five group-stage contests and one “Round of 32” singleelimination match.

These events will bring unprecedented national and international attention to Santa Clara.

Attendance is expected to include hundreds of thousands of visitors over the course of each event period, along with extensive broadcast coverage, significant economic activity, and an opportunity for the City to place itself front and center on the global stage. This exposure provides a powerful platform to attract future investment, tourism, and talent. At the same time, the City can use these events to celebrate and strengthen its local community.

City Asset Marketing Opportunities
During strategic planning and preparation for Super Bowl LX and FIFA World Cup 2026, staff identified an opportunity to leverage the potential value of advertising space on certain assets that are City-owned and City-controlled (“Assets”) located near the stadium. These Assets, which may include parking lots, buildings, and other forms of municipal infrastructure, provide an ideal platform for sponsors to display their products and services in the form of supergraphics, temporary freestanding LED displays, static vinyl displays, building wraps, murals, and other out-of-home advertisements. Collectively, these advertisements are referred to as “Activations.” Many of these Assets hold potential for commercial sponsorship and marketing campaigns associated with the 2026 events. Recognizing this, staff developed a structured, centralized approach to inventory, value, and manage the temporary commercial use of City Assets for sponsorship purposes. This planning effort was incorporated into key event agreements to ensure alignment with FIFA, the NFL, and other partners.

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25-1021 Agenda Date: 9/23/2025
Recognition of City Asset Marketing Opportunities in Key Agreements Both FIFA and the NFL have explicitly acknowledged the City’s authority to leverage City-controlled Assets for sponsorship opportunities. The FIFA World Cup Assignment and Assumption Agreement, for example, specifically references the City’s development of City Asset Marketing opportunities.

Section 5.11 of that agreement (which can be found on the City’s website at:
<https://www.santaclaraca.gov/home/showpublisheddocument/87806/638912894672630000>) states that the City is in the process of developing a list of City-owned or controlled Assets near the Stadium that may have value as staging sites for World Cup event activities or as platforms for advertising or marketing for FIFA and its commercial affiliates and partners. The agreement also requires the Bay Area Host Committee (BAHC) and Stadium Manager to cooperate with the City by providing input and coordinating with FIFA to facilitate City presentations for potential sponsorship activations. This section makes clear that the City will retain sole responsibility for negotiating the terms of use for City Assets with FIFA and that all activities must comply with the FIFA requirements under the Stadium Agreement, applicable laws, including ambush marketing laws, copyright and trademark protections, and existing contractual provisions binding on the City.

Similarly, the draft Super Bowl LX League Event Agreement, presented to the City Council on August 26, 2025, references the “Joint Marketing of City Assets” in Section 6.8. This section acknowledges that the City is finalizing an agreement with a third-party vendor for the marketing of certain City Assets and confirms that the City’s efforts must comply with existing agreements and any adopted Special Event Zone ordinance. The section also establishes that the BAHC and Stadium Company will cooperate with the City’s marketing efforts to the extent consistent with these requirements.

These provisions establish that the BAHC and the 49ers will cooperate with the City to monetize its Assets for the 2026 Events, ensuring clear coordination and compliance with FIFA and the NFL.

Need for Specialized Expertise
To ensure the City received the highest benefit for the sale of Activations on Assets during the 2026 Events, staff determined that specialized experience in Asset valuation and marketing, sales management, permit navigation, and general oversight of activation logistics was needed. Through leveraging outside expertise, staff can remain focused on core municipal responsibilities while ensuring professional marketing and compliance standards are applied.

OUTFRONT Media LLC (OUTFRONT) was selected to provide these services following a competitive procurement process. OUTFRONT has extensive experience managing sponsorship programs and large-scale advertising for major events, including work with municipalities and sports venues. Under the proposed agreement, OUTFRONT will operate under a performance-based compensation model. The City and OUTFRONT will each receive 50 percent of net revenue from approved sponsorship Activations. Net revenue is defined as the total revenue received from a sponsorship agreement minus out-of-pocket costs associated with implementing the sponsorship agreements by way of site preparation, maintenance, production, installation, removal and any thirdparty pass-through fees, costs, or expenses incurred for implementation.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Request for Proposals (RFP) was conducted, with the award recommendation based on “best value.” The RFP sought firms to assist the City with City of Santa Clara Page 2 of 6 Printed on 9/19/2025
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25-1021 Agenda Date: 9/23/2025
the marketing, sale, and installation of Activations on Assets during the 2026 Events. The solicitation was publicly advertised on the City’s e-procurement system. Three proposals were received from the following firms:
· Canyon Oaks
· OUTFRONT Media, LLC
· Tandem Partnerships
A three-member evaluation panel consisting of representatives from Parks and Recreation, the City Manager’s Office, and an external evaluator with municipal experience in procurement, independently evaluated the proposals against the criteria and weights published in the RFP, including experience, project approach, and fee structure.

Proposers were invited to participate in oral presentations to introduce key personnel, elaborate on their experience providing similar services for large events, provide additional detail regarding the level of collaboration that would be required from the City, and explain the basis for their cost proposal. Following the conclusion of the evaluation, the panel recommended OUTFRONT as the best value proposal based on receiving the highest score.

OUTFRONT demonstrated extensive experience in the marketing, sale, and installation of largescale advertising for major events, including experience working with other municipalities and other large-scale sports venues. The firm highlighted the City’s potential to generate significant revenue from its Assets and present a partnership model designed to maximize benefits to the City.

Agreement with OUTFRONT
Approval of the proposed agreement will enable OUTFRONT to serve as the City’s primary marketing partner during the 2026 Events, providing services for each Asset in three phases.

Phase 1 - Valuation & Marketing Phase
In Phase 1, OUTFRONT will conduct an initial kickoff meeting with City staff to establish goals, roles, and timelines. A preliminary list of potential Assets will be established, for which OUTFRONT will assess the marketability and installation logistics of the space and will identify any special restrictions, permits, or security requirements that the specified Asset may pose. (A preliminary list of assets has already been approved.) The final list of potential Assets to be approved for marketing to target sponsors will be presented to the City Manager or designee for review and approval prior to proceeding to the next phase of services. Additionally, Phase 1 services will be repeated throughout the term of the Agreement as additional potential Assets are identified.

Phase 2 - Sales and Sponsorship Agreements
Upon approval by the City to proceed with marketing to approved target sponsors, OUTFRONT will prepare marketing materials, to include potential Activation designs and estimated revenue, for review and approval by the City Manager or designee. Upon approval, OUTFRONT will lead negotiations with interested sponsors and enter into Sponsorship Agreements for each successful sale. The Sponsorship Agreements are executed directly between OUTFRONT and the sponsor to establish the compensation terms, design, and installation of Activations. To ensure the maximum protection to the City, Sponsorship Agreements must name the City as a third-party beneficiary and City of Santa Clara Page 3 of 6 Printed on 9/19/2025
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25-1021 Agenda Date: 9/23/2025
grant the City sole discretion to terminate sponsorships without refund if needed to comply with other agreements or protect the public interest. Additionally, Sponsorship Agreements do not allow sponsors to transfer or assign Asset space without written City consent, and each sponsorship agreement must include insurance, indemnification, and payment terms that are acceptable to the City.

Phase 3 - Installation & Removal
Once a Sponsorship Agreement is established, Phase 3 begins, consisting of installation and removal of the Activations. This phase requires OUTFRONT to enter into a License Agreement with the City for the purpose of accessing the Asset and facilitating the placement of the Activation. The agreement requires that OUTFRONT be responsible for obtaining all permits, paying required fees, and coordinating all installation logistics with City departments and sponsors. Additionally, the agreement requires that all Activations be installed using materials and methods that do not cause permanent damage to City Assets or interfere with their intended use and that all Assets are returned to pre-activation condition after removal.

Compensation
OUTFRONT’s services will be provided at no cost to the City, as their compensation comes through the revenue generated from the sale of Activations.

The City and OUTFRONT agreed to an equal 50/50 split of all net revenue received. Based on initial research, OUTFRONT projects that the City’s share of the net revenue could range from $500,000 to $1,500,000, depending on the number, type, and scale of Activations that are ultimately sold and placed on Assets.

For the purposes of the agreement, net revenue is defined as the total revenue remaining from the sale of Activations after deduction of out-of-pocket costs, including production, installation, removal, and other third-party pass-through fees.

Additionally, OUTFRONT offered to provide up to $100,000 in advertising space on their proprietary Bay Area billboards at no additional cost to the City. The billboards would provide additional opportunity to promote City initiatives, community events, and public safety information during the 2026 Events.

Oversight and Controls
The City worked diligently to include safeguards in the agreement to ensure that Activations align with City policies and legal obligations. Such safeguards include the requirement that the City provide prior written approval of all target Assets, marketing materials, and target sponsors before OUTFRONT can proceed with any actions relating to the marketing, sale or installation of Assets.

Additionally, OUTFRONT is responsible for ensuring that no proposed sale or Activation conflicts with any existing City agreements, such as the Stadium Ground Lease Agreement and FIFA and NFL event agreements, or with any current or proposed ordinances, such as the Special Event Zone Ordinance currently in development. While OUTFRONT bears the responsibility of reviewing all relevant agreements, ordinances, and laws for conflict, the City has also established an internal review process that ends when final written approval to proceed is provided by the City Manager or designee.

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25-1021 Agenda Date: 9/23/2025
Additionally, sponsorship content will be strictly controlled. City Assets will function as a nonpublic forum. The proposed agreement prohibits OUTFRONT from considering Activations that include obscenity, pornography, incitement to imminent lawless action, speech presenting a grave and imminent threat, fighting words, material promoting drugs, tobacco, gambling, oil/gas, adult entertainment, fraudulent material, true threats, defamatory, libelous or slanderous material, solicitations to commit criminal conduct, political campaign speech, or religious speech that advocates or opposes a religion or religious belief.

Regular updates will be provided to the City Council as the program progresses and prior to the installation of major activations.

COORDINATION
This report was coordinated between the Offices of the City Manager/Executive Director and City Attorney/Stadium Authority Counsel.

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.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

FISCAL IMPACT
There is no direct impact to the City’s operating budget or need for upfront appropriations. The agreement is entirely performance-based, with all costs for production, installation, permitting, and insurance borne by OUTFRONT and reimbursed only from gross receipts prior to revenue-sharing.

RECOMMENDATION

1. Approve and authorize the City Manager or their designee to execute the Agreement with OUTFRONT Media LLC to assist in the sale of advertising space on City-owned and Citycontrolled Assets in preparation for 2026 Events, with compensation based on a 50/50 split of net revenues and other terms as presented, in a final form approved by the City Attorney; and

2. Authorize the City Manager or their designee to negotiate and execute amendments as needed to (1) expand the scope of services to include additional activation types for the 2026 Events at no additional cost to the City, (2) extend the term as-needed to allow the completion of services, and (3) make de minimis changes, all subject to the same compensation terms and review and approval as to form by the City Attorney.

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25-1021 Agenda Date: 9/23/2025
Reviewed by: Chuck Baker, Assistant City Manager
Approved by: Jovan D. Grogan, City Manager/Executive Director

ATTACHMENTS

1. Agreement with OUTFRONT Media LLC
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EBIX Insurance No. S200005689

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND

OUTFRONT MEDIA LLC

PREAMBLE
This Agreement (“Agreement”) dated ______________ (“Effective Date”) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (“City”) and OUTFRONT Media LLC, a Delaware Limited Liability Company (“Consultant”). City and Consultant may be referred to individually as a “Party” or collectively as the “Parties.”

RECITALS
A. City is home to Levi’s Stadium which has been selected to host the Super Bowl LX (“SBLX”) in February 2026, and the Fédération Internationale de Football Association (“FIFA”) World Cup 2026 (“FWC26”) in June and July 2026 (collectively “Events”).

B. City desires to engage a consultant to assist with the sale of advertising space on City owned and City controlled assets (“Assets”) in preparation for the Events for the sole purpose of generating revenue, and not for the purpose of providing a forum for expression.

C. City desires to secure Consultant’s services (“Services”) described in this Agreement, at Exhibit A, entitled “Scope of Services”.

D. Consultant represents that it and its subconsultants, 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.

E. The Parties have specified herein the terms and conditions under which such Services will be provided and paid for.

In consideration of these Recitals and the mutual covenants contained herein, the Parties agree as follows:

1. AGREEMENT DOCUMENTS
This Agreement together with the following Exhibits, which are hereby incorporated by this reference, embodies the entire Agreement between the Parties and supersedes and replaces any previous agreements, representations and understandings, whether oral or written.:

Exhibit A – Scope of Services
Exhibit B – Schedule of Fees
Agreement with OUTFRONT Media LLC
Rev. 07-01-18
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
Exhibit E – Preapproved Asset Locations
Exhibit F – Sample Proposal of Standard Rates
Exhibit G - Specifications Regarding OUTFRONT Inventory and Packages In the event of any inconsistency between the provisions of any of the Exhibits and the terms of the Agreement, the terms of the Agreement will govern and control.

2. TERM OF AGREEMENT
Unless terminated earlier as authorized by this Agreement, or this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement will begin as of the Effective Date and will terminate on December 31, 2026.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Consultant will perform Services as specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. WARRANTY
Consultant expressly warrants that all materials and Services covered by this Agreement will be fit for the purpose intended, will be free from defect and will conform to the specifications, requirements and instructions upon which this Agreement is based.

Consultant agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Consultant. If Consultant fails to promptly correct or replace materials or Services, City may make corrections or replace materials or Services and charge Consultant for the cost incurred by City.

5. QUALIFICATIONS OF CONSULTANT - STANDARD OF CARE
Consultant represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Consultant ’s representations regarding its skills and knowledge. Consultant will 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.

6. COMPENSATION AND PAYMENT
Consultant’s sole compensation for Services provided hereunder shall be in the form of commissions paid in the amount and on the terms provided on Exhibit B (“Consultant Commission”) and Consultant shall be responsible for payment to City of a portion of the Net Revenue received as detailed in Exhibit B (“City Commission”).

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

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

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

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

8. ASSIGNMENT AND SUBCONTRACTING
City and Consultant bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement will not be assigned or transferred without the prior written approval of City. Consultant will not hire subconsultants without express written permission from City. As used in this agreement the term “subconsultant” will be interpreted to mean either subconsultants or subcontractors.

Consultant will be as fully responsible to City for the acts and omissions of its subconsultants, and of persons either directly or indirectly employed by them, including adherence to the requirements of Exhibit D - Labor Compliance Addendum, as Consultant is for the acts and omissions of persons directly employed by it.

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

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

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Consultant and all other written information submitted to Consultant in connection with the performance of this Agreement will be held confidential by Consultant and will 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 Agreement with OUTFRONT Media LLC
Rev. 07-01-18
performance of the Services. Nothing furnished to Consultant which is otherwise known to Consultant or becomes generally known to the related industry will be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which will include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement will be the property of City but Consultant may retain and use copies thereof. City will not be limited in any way or at any time in its use of said material. However, Consultant will not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

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

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

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Consultant agrees to protect, defend, hold harmless and indemnify (collectively “Indemnify”) City, its City Council, commissions, officers, employees, volunteers and agents (collectively “Indemnitees”) from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action (collectively “Losses”), and whether sounding in law, contract, tort, or equity, arising out of the performance of the Services, that are caused or claimed to be caused by the acts, errors and/or omissions of Consultant, its employees, its subconsultants, or anyone for whose acts any of them may be liable (collectively “Responsible Parties”). Consultant’s responsibilities under this Section 14 (HOLD HARMLESS/INDEMNIFICATION) include liability arising from, connective with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of City, which may be in combination with the acts or omissions of any Responsible Party, provided that Consultant’s duty to Indemnify will not include any Losses arising from the sole Agreement with OUTFRONT Media LLC
Rev. 07-01-18
negligence or willful misconduct of Indemnitees. Notwithstanding, Consultant’s duty to defend is not so limited.

B. Consultant’s obligation to Indemnify, will specifically extend to any and all employment-related claims of any type brought by employees, consultants, subconsultants or other agents of Consultant, against City (either alone, or jointly with Consultant), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Consultant 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, Consultant warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Consultant’s responsibilities under the Act.

D. The Parties expressly agree that this Section 14 (HOLD HARMLESS/INDEMNIFICATION) will survive the expiration or early termination of the Agreement.

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

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

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

City of Santa Clara
Attention: Office of the City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Consultant addressed as follows:

OUTFRONT Media LLC
90 Park Avenue
New York, NY 10016
Agreement with OUTFRONT Media LLC
Rev. 07-01-18
and by e-mail at [email protected]
The business day the e-mail was sent will control the date notice was deemed given. An e-mail transmitted after 1:00 p.m. on a Friday will be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS AND CONTRACTS
Consultant will comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Consultant’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter

2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section

3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered.

Additionally Consultant has read and agrees to comply with City’s Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

Consultant acknowledges and agrees that in the performance of the Services hereunder, Consultant must comply with the terms and limitations set forth in the Stadium Ground Lease Agreement including, but not limited to Section 2.4.8, the FIFA World Cup Assignment and Assumption Agreement, the Parking Rights Agreement between the City of Santa Clara and Forty-Niners SC Stadium Company, LLC dated March 28, 2012, and any Events related agreement entered into or ordinances enacted by City subsequent to the Effective Date. Copies of the relevant executed agreements are publicly available at https://www.santaclaraca.gov/our-city/santa-clara-stadium-authority.

19. CONFLICTS OF INTEREST
Consultant certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Consultant and that no person associated with Consultant has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Consultant is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Consultant will advise City if a conflict arises.

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

21. NO USE OF CITY NAME OR EMBLEM
Consultant will 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.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

22. GOVERNING LAW AND VENUE
This Agreement will 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 will be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

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

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

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

Signature on next page
Agreement with OUTFRONT Media LLC
Rev. 07-01-18
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

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

OUTFRONT MEDIA LLC
a Delaware limited liability company
Dated:

By (Signature):

Name: Collin Smith
Title: SVP Real Estate, NRG
Principal Place of
Business Address: 1520 N. Cahuenga Blvd., Los Angeles, CA 90028 Email Address: [email protected]
Telephone: 323-276-7308
Fax: ( )
“CONSULTANT
Agreement with OUTFRONT Media LLC
Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES

1. PROJECT METHODOLOGY
Consultant will provide the following Services:

1.1. Asset Inventory and Valuation
Consultant will provide a dedicated team responsible for generating revenue by selling advertising space (“Activations”) to corporate sponsors (“Sponsors”) on Assets in accordance with the provisions of this Agreement. Activations may include supergraphics, temporary freestanding LED displays, static vinyl wall displays, vinyl wraps, and painted murals.

1.1.1. The Assets are to be a nonpublic forum, not a designated public forum or other type of public forum. This team will be responsible for the sale and service for all corporate sponsorships and for achieving measurable financial results.

1.1.2. Consultant will conduct a kickoff meeting with City Manager or designee to establish the following:

1.1.2.1. Project background, project goals and timelines

1.1.2.2. Key stakeholders and their roles and responsibilities.

1.1.2.3. Pertinent information needed by Consultant to accurately identify Assets and Advertising opportunities.

1.1.3. Preapproved Assets are set forth in Exhibit E, entitled “Preapproved Assets”.

Consultant may identify Assets that have potential marketing appeal to Sponsors and will conduct a comprehensive assessment of each Asset to understand marketability. Assessment will include but is not limited to the following:

1.1.3.1. Asset location

1.1.3.2. Asset condition

1.1.3.3. Capacity limits

1.1.3.4. Accessibility

1.1.3.5. Security requirements

1.1.3.6. Potential restrictions/conflicts

1.1.3.7. Prohibited activity
Agreement with OUTFRONT Media LLC
Rev. 07-01-18

1.1.3.8. Permitting requirements and approval timelines

1.1.3.9. Relevant City policies and procedures for use of the Asset

1.1.4. Consultant will receive written authorization from the City Manager or designee for each Asset prior to proceeding with the valuation, marketing, sale, and activation for any such Asset.

1.1.5. Consultant will prepare marketing materials (“Marketing Materials”) that include relevant media and logistics information for each Asset, which must include:

1.1.5.1. Estimated sponsorship value range

1.1.5.2. Recommended Activation type and general marketing strategy

1.1.6. Consultant will conduct a thorough assessment of any potential conflicts between the City’s target Sponsors and key stakeholder groups.

1.1.7. Consultant will not consider Activations that include obscenity, pornography, incitement to imminent lawless action, speech presenting a grave and imminent threat, fighting words, material promoting drugs, tobacco, gambling, oil/gas, adult entertainment, fraudulent material, true threats, defamatory, libelous or slanderous material, solicitations to commit criminal conduct, political campaign speech, or religious speech that advocates or opposes a religion or religious belief.

1.1.8. Consultant will provide the final Marketing Materials per Asset to the City Manager or designee for review and will incorporate feedback prior to submission to target entities. Any Marketing Materials that may be made publicly available will require written authorization from the City Manager or designee prior to public posting.

1.2. Asset Marketing and Sale

1.2.1. Consultant will create a list of target entities for Activations for City review including deep category analysis and brand alignment.

1.2.2. Consultant will lead negotiations with prospective entities and for each proposed Activation will provide the City with the projected Net Revenue for the Activation, and must receive written authorization from the City Manager or designee, in their sole discretion, prior to executing Sponsorship Agreements.

Consultant will ensure Sponsorship Agreements include the following requirements, at a minimum:

1.2.2.1. Effectiveness of the Sponsorship Agreement is contingent upon the City and Consultant executing a License Agreement authorizing Consultant to access the Asset and install the Activation.

1.2.2.2. The terms, conditions, and prices for the Activations on Assets.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

1.2.2.3. Naming the City as a third-party beneficiary and granting the City the right, at its sole discretion, to terminate any Sponsorship Agreements prior to the scheduled termination date, without refund or consideration, should it feel necessary to do so.

1.2.2.4. Acknowledgement that Sponsors may not transfer or assign Asset space without the prior written consent of the City.

1.2.2.5. Security for Consultant’s receipt of payment under the Sponsorship Agreement.

1.2.2.6. Indemnify, defend, and hold harmless the City, its officers, agents, and employees from and against any and all claims, demands, losses, liabilities, costs, and expenses (including attorney's fees) arising out of or in connection with the Sponsorship Agreement.

1.2.2.7. Maintain, at their sole cost and expense, insurance coverage satisfactory to the City and adding City as an additional insured.

1.2.3. The City maintains the right, at its sole discretion, to waive any of the above referenced minimum requirements for Sponsorship Agreements. Consultant will be responsible for updating the Sponsorship Agreement accordingly, prior to execution.

1.2.4. At a minimum, Consultant will provide monthly reports to keep City apprised of prospecting status. Consultant will provide additional updates as requested by the City.

1.2.5. Once a Sponsorship Agreement is approved by City and executed by Consultant and Sponsor, Consultant will ensure Consultant and Sponsor activate and perform all elements of each such Sponsorship Agreement.

1.2.6. Consultant will provide additional services upon City’s request, as needed, to facilitate the negotiation and approval of Sponsorship Agreements, for example, through attendance at City Council meetings.

1.3. Activation Installation and Implementation

1.3.1. Prior to installation of the Activation on an Asset, Consultant will execute a License Agreement, on a form approved by the City, to access the Asset and install the Activation.

1.3.2. Consultant will oversee all elements of Activation implementation, including but not limited to media production of, installation and de-installation.

1.3.3. Consultant is responsible for obtaining all necessary permits prior to installation of any Activation, to include submission of permit application, payment of any required fees, and any other steps necessary to authorize activation on a particular Asset.

Agreement with OUTFRONT Media LLC
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1.3.4. Consultant will coordinate with applicable City Departments on the logistics of installation for the purposes of ensuring Activations are installed in a manner and using materials that will not cause permanent damage to the Assets, will not impair the City’s ability to manage the Asset, and will not detract from the character, integrity, aesthetic quality or safety of the Asset, or unreasonably interfere with its use, function and purpose.

1.3.5. Consultant will ensure the Assets approved for graphic installation are appropriately prepared, including ensuring they are free of dirt, debris, oxidation, oils, and any other contaminants that could interfere with proper adhesion.

Consultant will notify City if any cleaning or preparation services are needed before installation can be successfully completed, identify the preparation work Consultant will complete, and receive the City’s prior written approval, which shall not be unreasonably withheld. Consultant will ensure Assets are returned to the City in the same condition as they were prior to installation.

1.3.6. Consultant will conduct a post-event debrief meeting with City to review lessons learned and provide recommendations for future opportunities.

2. ADDITIONAL SERVICES

2.1. Billboards. Upon the request of the City, Consultant will grant the City temporary use of Consultant’s proprietary billboards, located within the Bay Area geographic region, for purposes of advertising the City and its assets during the term of this Agreement. The City’s use of billboards will be contingent upon space availability in the region and limited to a maximum of 12 months per advertisement and a maximum value of $100,000, as calculated by Consultant on the basis of Consultant’s standard rates consistent with the sample proposal of the Consultant’s standard rate schedule attached as Exhibit F.

Consultant will market and implement Activations on these billboards in the same manner as described in Exhibit A. City advertising copy must be provided at least five business days in advance of the proposed commencement date for display and must meet the file, format and resolution requirements as provided in writing to the City. City represents and warrants that all copy, content and materials supplied by the City to Consultant for display under this Agreement are accurate, comply with applicable laws, are owned or duly licensed by City, and do not infringe or misappropriate the rights of any other person or entity.

2.2. Experiential Activations. Upon the request of the City, Consultant will identify, value, market and implement community activations, such as 5k races, pop-up markets, and restaurant walks (Experiential Activations). The City and Consultant will negotiate the specific services and costs to be provided for Experiential Activations. Experiential Activations may also be subject to unique indemnification and insurance requirements.

The specific details and requirements of Experiential Activations will be finalized through a formal amendment to this Agreement.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

EXHIBIT B

SCHEDULE OF FEES

1. CITY AND CONSULTANT COMMISSION

1.1. Net Revenue Defined. For purposes of this Agreement Net Revenue means the total revenue received from a Sponsorship Agreement less Consultant’s out-of-pocket costs of implementing the Sponsorship Agreement by way of site preparation, maintenance, production, installation, removal, or any third-party pass-through fees, costs, or expenses incurred for implementation of that Sponsorship Agreement.

1.2. City Commission. The City Commission is 50% of Net Revenue from each Sponsorship Agreement.

1.3 Consultant Commission. Consultant Commission is 50% of Net Revenue from each Sponsorship Agreement.

2. ADDITIONAL SERVICES

2.1. Billboards. Use of Consultant’s billboards is at no cost to City.

2.2. Experiential Activations. The specific costs for Experiential Activations will be negotiated by City and Consultant prior to authorization to proceed and will be memorialized through formal amendment to this Agreement.

3. PAYMENT SCHEDULE

3.1. Consultant will remit to the City 50% of all Net Revenue Activations generated from the sale of space on City Assets no more than sixty days following receipt from the Sponsor, or the completion of the Event, whichever occurs first.

Event End Date Payment Due No Later Than
SBLC February 8, 2026 April 9, 2026
FWC26 July 1, 2026 August 30, 2026

3.2. Each payment will be accompanied by a report detailing the total revenue received and a breakdown of the Consultant’s out-of-pocket costs of implementation per Sponsorship Agreement.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Consultant’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Consultant will provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies will be primary insurance as to the City of Santa Clara so that any other coverage held by the City will not contribute to any loss under Consultant’s insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but will in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal & Advertising Injury

2. Exact structure and layering of the coverage will be left to the discretion of Consultant; however, any excess or umbrella policies used to meet the required limits will be at least as broad as the underlying coverage and will otherwise follow form.

3. The following provisions will apply to the Commercial Liability policy as well as any umbrella policy maintained by the Consultant to comply with the insurance requirements of this Agreement:
a. Coverage will be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There will be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and
c. Coverage will apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage will apply to all owned (if any), non-owned and hired autos.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18
C. WORKERS’ COMPENSATION

1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Consultant included in this Agreement will not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Consultant or any subconsultant 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. UMBRELLA/EXCESS LIABILITY INSURANCE
Umbrella/Excess Liability insurance which provides coverage in excess and follow-form of the commercial general liability, business automobile liability, and employer’s liability required in an amount of not less than:
$5,000,000 Each Occurrence for Bodily Injury and Property Damage and Personal and Advertising Injury Liability
$5,000,000 General Aggregate
Umbrella/Excess Liability Insurance coverage must be no less broad than the underlying commercial general liability, and employer’s liability required. If coverage is not followform, differences must be identified to the City.

E. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate will be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Consultant. Covered Services as designated in the policy must specifically include work performed under this agreement. Coverage will be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate.

F. 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 Consultant’s work for City, using Insurance Services Office (ISO) Endorsement 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 Consultant will contain language or be endorsed to contain wording making it primary insurance Agreement with OUTFRONT Media LLC
Rev. 07-01-18
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 will be considered excess insurance only and will not be called upon to contribute with Consultant’s insurance.

3. Cancellation.
a. Each insurance policy will contain language or be endorsed to reflect that no cancellation of the coverage provided will be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such cancellation.

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 E of this Exhibit C, above.

G. ADDITIONAL INSURANCE RELATED PROVISIONS
Consultant and City agree as follows:

1. Consultant agrees to ensure that subconsultants, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Consultant, provide the same minimum insurance coverage required of Consultant, except as with respect to limits. Consultant 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.

Consultant agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subconsultants and others engaged in the project will be submitted to City for review.

2. Consultant 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 Consultant 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 will 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 Consultant in the event of material noncompliance with the insurance requirements set forth in this Agreement.

H. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Consultant, and each and every subconsultant (of every tier) will, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements indicated in this Agreement. Such insurance coverage will be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18
Consultant will file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.

I. EVIDENCE OF COMPLIANCE
Consultant or its insurance broker will provide the required proof of insurance compliance, consisting of copies of insurance certificates or renewals or replacements, 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 will 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 will be mailed to:

EBIX Inc.

City of Santa Clara – City Manager’s Office
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]
J. QUALIFYING INSURERS
All of the insurance companies providing insurance for Consultant will have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or will be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

EXHIBIT D

LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.

K. Prevailing Wage Requirements

1. Consultant shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which will be available to any interested party upon request. Consultant is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, Consultant is reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Consultant and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .

Apprentices who are not properly supervised and employed in the appropriate ratio will be paid the full journeyman wages for the classification of work performed.

5. Consultant agrees to be fully and solely responsible for all matters relating to payment of its employees, subconsultants and subcontractors, including but not limited to, prevailing wage requirements, Social Security (FICA) taxes, unemployment insurance taxes, workers’ compensation benefits, health insurance, or any other benefit incident to an employer-employee relationship.

6. In connection with the performance of services under this Agreement, Consultant shall not discriminate, retaliate, permit discrimination, or permit retaliation on the basis of any legally protected status as prohibited by Federal, State, or local laws.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18
L. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum will be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents will be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents will be made available at Consultant’s address indicated for receipt of notices in this Agreement.

City or the California Department of Industrial Relations may impose penalties upon Consultant, Consultant’s contractors and subcontractors for failure to comply with prevailing wage requirements.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

EXHIBIT E

PREAPPROVED ASSET LOCATIONS
The property and structures located at the following locations are preapproved for Activations:
• Santa Clara water tanks
• Santa Clara Youth Soccer Park
Agreement with OUTFRONT Media LLC
Rev. 07-01-18

EXHIBIT F

SAMPLE PROPOSAL OF STANDARD RATES
Availability subject to change. All space is subject to prior sale. To account for scheduled maintenance, downtime, outages, and other disruptions to digital displays, OUTFRONT will be deemed to have met its obligations to an advertiser by displaying advertising copy for at least 92.5% of display time set forth in the applicable advertising contract, subject to certain exceptions and additional details described in the attached Exhibit G titled “Specifications Regarding OUTFRONT Inventory and Packages”.

Initial Geopath
Showing Num of Showing Inventory Locat10n Copy lnstal IMP 18+ Restrictions Spot Start End Total Market Media Level Units Period Duration Type # Description Size Latitude Longitude I Weekly Rate Card Notes Restr1ct10ns ID Date Date Media Cost San Francisco Digital UNIT 1 4 Week 4 Weeks Regular M1001D E/L 1880 NIO 14'X48 37.41825 -121.9 1337 NIA 430,835 $10,620.00 Automotive (with Political, 30754706 11/312025 11/30/2025 $10,620.00 Bay Area Bulletins Great Mall the exception of Auto Dealers, ParkWay FIS Honda & Auto Manufacturers
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular M1002F E/L 1-880 NIO 14'x48 37.41833 -121.9 1338 NIA 326,287 $10,620.00 Automotive (with Political, 30754802 11/312025 11/30/2025 $10,620.00 Bay Area Bulletins Gre at Mall the exception of Auto Dealers, ParkWay FIN Honda & Auto Manufacturers
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular SC1001B US 10 1 100011& 14'X48 37.37925 -121.95174 N/A 357,678 $10,620.00 c annabis 30784543 11/312025 1113012025 $10,620.00 Bay Area Bulletins Lafayette St
FISE
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular SC1002D us 101 1000 fl & 14'x48 37.37926 -121.95179 N/A 404,685 $10,620.00 Cannabis 30784552 11/312025 11/30/2025 $10,620.00 Bay Area Bulletins Lafayette St
FINW
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular SC1003F US 101 NW De 14'X48 37.37783 -121.94507 NIA 573,611 $10,770.00 No competing Cannabis 50728427 11/312025 1113012025 $10,770.00 Bay Area Bulletins La Cruz Blvd storage facilities
F/SE
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular COL1001D The Headliner - 1- 20'x60 37.74685 -122.20124 N/A 790,210 $11,540.00 Adult Entertainment, 30681652 11/312025 11/30/2025 $11,540.00 Bay Area Bulletins 880 .5 mi N/O Political,
Hegent>erger % Tobacco,
--- San Francisco Digital UNIT 1 4 Week 4 Weeks Regular COL1002E 1-880 .50 mi N/O 20'x60 37.74685 -122.20127 N/A 1,049,488 $11,540.00 Adult Entertainment, 30681660 11/312025 11/30/2025 $11,540.00 Bay Area Bulletins Hegent>erger % Political,
FINW Tobacco,
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular HAY1001F 1-880 & Arbor 14'X48 37.66679 -122.10725 N/A 890,068 $6,930.00 Political 30970642 11/312025 1113012025 $6,930.00 Bay Area Bulletins Ave nue FIS
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular HAY1002F 1-880 & Arbor 14'x48 37.66679 -122.10725 N/A 1,010,985 $6,930.00 Political 30970649 11/312025 11/30/2025 $6,930.00 Bay Area Bulletins Avenue FIN
San Francisco Digital UNIT 1 4 Week 4 Weeks Regular PEN1001F us 10 1 & Brittan 14'X48 37.50388 -122.24561 NIA 497,467 $7,700.00 Adult Entertainment, 30912528 111312025 1113012025 $7,700.00 Bay Area Bulletins Avenue FISE Political,
Adult Content,
Total Program Value: $97,890.00
Total Program Net Cost: $97,890.00 Grand Tota $97,890.00 Agreement with OUTFRONT Media LLC
Rev. 07-01-18

EXHIBIT G
Specifications Regarding OUTFRONT Inventory and Packages

1. How These Specifications Apply to Your Campaign
This page provides additional detail, terms, and conditions for Outfront Media LLC (“OUTFRONT”, “we” or us”) out-of-home advertising inventory and packages and our standards for posting and delivery of advertising copy on OUTFRONT advertising displays. These specifications apply across all advertising campaigns and contracts between OUTFRONT, its advertisers and their advertising agencies, buying services, and other agents and licensees. If applicable to your campaign, these specifications constitute OUTFRONT’s Policies for purposes of the IAB Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less or any variant of those terms.

2. How OUTFRONT Sells Out-of-Home Inventory
We may market our static and digital inventory as individual units and as parts of networks, packages, vehicles, stations, shelters, and other bundles and combinations to meet the varying needs of our advertisers. The specific displays available to display advertising copy within any such grouping may vary over time as new displays are installed and existing displays are disabled or removed for maintenance.

For a given campaign, OUTFRONT may allocate advertising copy among the displays within any purchased grouping in its discretion and may make reasonable substitutions among displays, vehicles, stations, and shelters based on availability. Unless otherwise expressly agreed in the applicable contract, advertiser requests for display of copy on specific locations within a network or package may not exceed 20% of the total number of locations purchased.

3. OUTFRONT’s Posting Standards for Static Advertising
In order to ensure the timely commencement of your campaign, you must furnish all static advertising copy in the form and format required by OUTFRONT with sufficient overage copy and posting instructions at least ten working days before the estimated start date of your campaign.

If static advertising copy is timely and properly provided as required and is not rejected, the copy will be posted within five working days of the commencement date for the campaign. However, for showing based programs, which include static advertising installed on subway railcars and other rolling stock, OUTFRONT commits to posting at least 85% of the program within five working days of the commencement date, with the remaining 15% to be posted within a reasonable time thereafter. A service charge payable in advance at OUTFRONT’s current rates will apply for installations on walls and for any changes to advertising material or copy after initial placement or posting. OUTFRONT will use commercially reasonable efforts to maintain displays in good condition to the extent Agreement with OUTFRONT Media LLC
Rev. 07-01-18
of matters reasonably within our control. However, should your copy be lost, stolen, damaged, defaced, or deteriorated for any reason, including ordinary wear and tear, you will be responsible for furnishing replacement copy at your expense.

Where illuminated displays are provided, illumination will be from dusk to midnight unless we specify otherwise for a specific display.

4. OUTFRONT’s Posting Standards for Digital Advertising Advertising copy for digital displays must be provided in the file, format and digital encoding standards required by OUTFRONT at least ten working days before the estimated start date of your campaign. Failure to provide digital copy with the correct aspect ratio, resolution, format, or encoding may result in delays in posting and additional processing fees.

To account for scheduled maintenance, downtime, outages, and other disruptions to digital displays, OUTFRONT will be deemed to have met its obligations to an advertiser by displaying advertising copy for at least 92.5% of the display time set forth in the applicable advertising contract, subject to the exceptions described below. OUTFRONT is not obligated to display digital copy for more than 92.5% of the aggregate agreed display time. For purposes of determining this minimum display time has been met, so long as the total actual aggregate display time across the agreed displays, vehicles, or locations amounts to at least 92.5% of the total agreed display time, OUTFRONT will have met its obligation and no reimbursement, credit or equitable remedy will apply.

Unless otherwise agreed in the applicable contract, a spot on a digital display means the display of advertising copy for the purchased time increment (e.g., 8 or 15 seconds) within a rotating content loop on a single digital display during the purchased campaign duration.

OUTFRONT’s minimum display time commitment is subject to the following additional details and exceptions:

4.1 Emergency Messaging: OUTFRONT may at any time preempt the display of copy in order to utilize its digital displays for Amber Alerts, emergency messages, and other public service messages. Preemptions for these messages do not constitute downtime for purposes of determining whether the 92.5% minimum display time has been met and no reimbursement, credit or equitable remedy will apply.

4.2 Dominations and Takeovers:From time-to-time OUTFRONT may preempt scheduled advertising copy in order to accommodate a brand domination or takeover – for example, in the case of a transit station brand domination requiring all displays within a station to simultaneously display coordinated content for a single advertiser for some period of time. OUTFRONT will try to mitigate the need for preemption of advertising copy for such dominations or takeovers. However, if scheduled advertising copy is preempted for a brand domination or takeover, the period for which the advertising copy was preempted will constitute downtime for purposes of determining whether the 92.5% minimum display time has been met.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

4.3 Landlord, Agency and Municipal Messages:All purchased advertising on digital displays is subject to and net of obligations to the relevant landlord, municipality, transit agency or other governmental authority (e.g., minimum display time commitments for municipal, agency and other non-emergency public service messages). If scheduled advertising is preempted in connection with OUTFRONT’s compliance with these obligations, no reimbursement, credit or equitable remedy will apply to the extent the obligations were disclosed in advance of the campaign start date. If the obligation was not disclosed in advance, the period for which the advertising copy was preempted will constitute downtime for purposes of determining whether the 92.5% minimum display time has been met.

4.4 Digital Advertising on Railcars. All advertising on digital displays affixed to railcars is sold, delivered, and measured by the specified number of railcars per day during the campaign period. The number of displays and total display time for digital railcar advertising may vary based upon railcar type, service schedule, and other factors.

5. OUTFRONT’s Posting Standards for Impression-Based Advertising For advertising campaigns where OUTFRONT has expressly agreed to deliver based upon impressions (rather than delivering a specific display duration), the advertiser will pay for the actual number of impressions delivered at the stated cost per thousand impressions (CPM) on a Guaranteed, Preferred Non-Guaranteed, Non-Guaranteed, or Bonus basis as indicated in the contract:

5.1 Where your contract states that impressions are Guaranteed, OUTFRONT commits to deliver at least 95% of the agreed number of such impressions during the campaign, subject to the limited remedies below.

5.2 Where your contract states that impressions are Preferred Non-Guaranteed, OUTFRONT will target the delivery of the specified number of such impressions, but we do not guarantee that any minimum number of impressions will be delivered during the campaign.

5.3 Where your contract states that impressions are Non-Guaranteed or Preemptible, OUTFRONT will target the delivery of the specified number of impressions, but we do not guarantee that any minimum number of impressions will be delivered, and the campaign may be cancelled or preempted by other campaigns at any time.

5.4 Where your contract states that impressions are Bonus or Space Available, OUTFRONT may, in our sole discretion, deliver impressions as space is available on advertising displays, but we are under no obligation to do so and we do not guarantee any space on advertising displays is or will become available.

For purposes of determining whether an impression guarantee has been met, so long as the total number of impressions across the agreed displays, vehicles, or locations amounts to at least 95% of the total agreed number of impressions, OUTFRONT will have met its obligation, the advertiser will pay for the actual number of impressions delivered, and no reimbursement, credit or equitable remedy will apply. Unless otherwise stated in the contract, the advertiser will not be responsible for impressions delivered in excess Agreement with OUTFRONT Media LLC
Rev. 07-01-18
of 105% of the specified number of impressions.

The number of impressions delivered will be determined solely by OUTFRONT’s proof-of-performance mechanisms combined with OUTFRONT’s audience data, which may include statistically determined historical counts, forecasts or other sources and methodologies determined by OUTFRONT in our sole discretion. OUTFRONT’s statistical data and methodologies will be conclusive for purposes of calculating the number of impressions delivered by an instance of an advertisement rendering on an advertising display.

6. What if OUTFRONT is Unable to Meet These Posting Standards? If OUTFRONT is unable to secure or loses the right to use any advertising location, a location becomes obstructed, destroyed or defaced, OUTFRONT fails to display digital copy for the required minimum display time, OUTFRONT fails to deliver the minimum number of Guaranteed impressions, or if OUTFRONT fails to meet these standards or otherwise fails to deliver, that failure will not be deemed a breach or termination of the affected contract. However, we will make good on our delivery commitments to you by either (i) equitably extending the advertising period of the affected contract at the contracted location or a replacement location of equal value, (ii) issuing you a pro-rated credit for advertising services equivalent to amounts paid for the period for which copy was not displayed or the number of impressions paid for that were not delivered, as applicable, or (iii) terminating the impacted contract and reimbursing you for fees paid relating to the period and displays for which the copy was not displayed, in each case at our sole option and as your sole remedy for the failure, unless a different or more specific remedy is specified in your contract.

7. Advertising Copy Approval and Restrictions
The character, design, text and illustrations on advertising copy and the material used are subject to approval by OUTFRONT and by the location owner, transit company/authority or third party controlling the location. Nudity, pornographic, profane, or obscene copy is prohibited, and other content-based restrictions may apply to specific locations or transit systems. It is the responsibility of each advertiser to ensure that its advertising copy complies with applicable laws, regulations, terms, conditions and approval requirements.

8. Audience Data and Asset Ratings
If your impression-based contract specifies target audiences for a campaign, OUTFRONT will use available audience data to determine the allocation and timing of impressions among the advertising displays within the campaign in an effort to reach those audiences. However, OUTFRONT makes no commitments with respect to any audience data or regarding campaign reach or the audiences or other ratings of advertising assets, all of which are provided for informational and campaign planning purposes only, should not be relied upon for any other purpose, and do not create any obligation for OUTFRONT.

Agreement with OUTFRONT Media LLC
Rev. 07-01-18

9. Cannabis Advertising
All advertising campaigns that promote cannabis, cannabis derivative products, or cannabis-related services are subject to the following additional conditions:

9.1 Your Commitment to Licensing and Legal Compliance. You represent, warrant, and agree that:
(a) You are a duly licensed cannabis dispensary or vendor authorized to sell cannabis and cannabis-related products or services in full compliance with all applicable laws, regulations, and permit and licensing requirements in the jurisdiction(s) where you operate;
(b) You will maintain all required licenses, permits, and authorizations for the duration of your contract; and (c) You will immediately notify OUTFRONT of any suspension, revocation, or material change to your licensing status.

9.2 Additional Copy Requirements for Cannabis. You further represent, warrant, and agree that all cannabis-related copy:
(a) promotes only a business that meets the licensing and compliance requirements described above; (b) fully complies with all applicable state, and local laws, regulations, and advertising guidelines governing the advertising and marketing of cannabis and cannabis-related products or services, including but not limited to restrictions on content, audience targeting, and any limitations on the number or location of billboards or other media on which a cannabis dispensary or vendor authorized to sell cannabis or cannabis-related products or services may lawfully advertise; and (c) does not mislead consumers.

9.3 Your Breach of These Conditions. Any breach of this Section 9 constitutes a default under your advertising contract with OUTFRONT and is subject to the remedies for default in the contract and these Specifications.

9.4 Our Discretion to Remove Copy. OUTFRONT may, in our sole discretion and without refund, credit, or liability, remove any copy if:
(a) OUTFRONT determines that you have breached this Section 9; (b) OUTFRONT receives a complaint, notice, or inquiry from any regulatory authority or government official; or (c) OUTFRONT determines that adverse publicity, reputational harm or liability to OUTFRONT or third parties has or is likely to result from the display of your copy.

9.5 Indemnification for Cannabis-Related Copy. You agree to indemnify, defend, and hold harmless OUTFRONT, our affiliates, officers, directors, employees, and agents from and against any and all claims, penalties, fines, damages, liabilities, and costs Agreement with OUTFRONT Media LLC
Rev. 07-01-18
(including reasonable attorneys’ fees) arising out of or related to the display of cannabis-related copy. This obligation survives termination or expiration of your contract with us.

10. Credit Card Payments
The invoicing and payment requirements for your campaign are described in your contract. If OUTFRONT accepts payment from you by ACH or credit card, we have the right, at our option, to either (i) require you to pay all amounts due or coming due under your contract on the date of the ACH or credit card payment or (ii) require you to set up recurring payments whereby your ACH or credit card is charged on each invoice date for the full invoice amount. To cover the cost of processing a credit card transaction, OUTFRONT imposes a credit card surcharge fee of 2.5% on the transaction amount. OUTFRONT will not impose a credit card surcharge fee on payments made by debit card, ACH/e-check, or for customers with credit card billing addresses in Connecticut, Maine, Massachusetts, or Puerto Rico. Customers with credit card billing addresses in Colorado and Illinois will incur a credit card surcharge fee of 2% and 1%, respectively.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-169 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Action on Proposed Agreement with WSP USA, Inc. for Operation, Maintenance, Monitoring, and Compliance Services for the Closed City All Purpose Landfill and Technical Support for the City Place Project

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara All Purpose Landfill (Landfill) was closed in 1993 and the City is required by multiple regulatory agencies to perform regular maintenance, monitoring and reporting. The landfill gas collection and control system at the Landfill must operate continuously and be monitored and repaired on an ongoing basis to stay in compliance with Bay Area Air Quality Management District (BAAQMD) Regulation 8, Rule 34 and Synthetic Minor Operating Permit Condition requirements. The Regional Water Quality Control Board (RWQCB) mandates groundwater monitoring and reporting from groundwater and leachate monitoring wells, as well as from the San Tomas Aquino Creek surface waters. The City is also required by the Santa Clara County Department of Environmental Health, acting as the Local Enforcement Agent for the Department of Resources Recycling and Recovery (CalRecycle), to fix low spots caused by settlement that can lead to ponding and maintain the integrity of the vegetative cover and side slopes.

The City contracts out the operation, maintenance, monitoring, and compliance services for the Landfill and the current contract is set to expire on September 30, 2025.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Request for Proposals (RFP) was conducted, with the award recommendation based on “best value.” On June 17, 2025, the City published the RFP for operation, maintenance, monitoring, and compliance services for the Landfill on the City’s eprocurement platform. Three proposals were received from the following firms:
- APTIM Environmental & Infrastructure, LLC (APTIM)
- Stearns, Conrad and Schmidt, Consulting Engineers, Inc. dba SCS Engineers (SCS) - WSP USA, Inc. (WSP)
The proposals were individually evaluated by a three-member team. Staff recommends awarding the agreement to WSP for having submitted the best value proposal. WSP’s team has extensive experience providing technical support for landfills throughout Santa Clara County. Their experience includes landfill gas collection systems, maintenance, operations, and working with regulatory agencies.

City of Santa Clara Page 1 of 3 Printed on 9/19/2025
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25-169 Agenda Date: 9/23/2025
Under the agreement, WSP will provide landfill operation, maintenance, monitoring, and compliance services. The scope of services includes items such as routine weekly inspections; monthly, quarterly, and annual monitoring; air quality and landfill gas collection reporting; and technical support services for the Related Santa Clara Development Project.

The term of the agreement is five years with fixed pricing, which includes an annual three percent adjustment for years two to five. The estimated cost of known base services over the five-year term is $1,773,024, ranging from $316,073 in Year 1 to a high of $442,382 in Year 4. The increase in Year 4 reflects the required five-year monitoring and analysis report and topographical monitoring, both of which are conducted only once during the agreement term.

Funding for additional services is allocated in the agreement for unforeseen, as-needed non-routine and emergency services that may arise during the five-year term. This includes technical support for the Related Santa Clara project, which is reimbursed by Related Santa Clara. WSP will be required to prepare cost estimates for these additional services on a time and material basis, which are typically subject to City approval before work begins. The agreement will include $886,512 to cover these additional services, an amount estimated based on prior years expenditures.

Prevailing wage requirements are included in the agreement.

ENVIRONMENTAL REVIEW
The action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 “Existing Facilities,” as the activity consists of the repair, maintenance or minor alteration of existing facilities involving no or negligible expansion of the use beyond that presently existing.

FISCAL IMPACT
The amount to be paid to WSP over the five-year term of the agreement is estimated to be $2,659,536, which includes $1,773,024 in base services and $886,512 for additional services. The FY 2025/26 Adopted Budget includes funding for the current year in the Sanitary Landfill Development - Post Closure project budgeted in the Solid Waste Capital Fund.

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

RECOMMENDATION

1. Authorize the City Manager or designee to negotiate and execute an Agreement with WSP USA, Inc. to provide landfill operation, maintenance, monitoring, and compliance services for the All Purpose Landfill and technical services for the Related Santa Clara Development Project, for a five-year term beginning on October 1, 2025 through September 30, 2030, with a not-to-exceed City of Santa Clara Page 2 of 3 Printed on 9/19/2025
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25-169 Agenda Date: 9/23/2025
maximum compensation of $2,659,536, subject to the appropriation of funds and review and approval as to form by the City Attorney; and

2. Authorize the City Manager or designee to (a) take any actions as necessary to implement and administer the Agreement, and (b) negotiate and execute amendments to the Agreement to add, modify or delete services consistent with the Agreement’s scope of services, provided that the maximum compensation is not exceeded, subject to review and approval as to form by the City Attorney and the appropriation of funds.

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

ATTACHMENTS

1. Agreement with WSP (Draft)
City of Santa Clara Page 3 of 3 Printed on 9/19/2025
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Agreement with Agreement with WSP USA, Inc. Page 1
Rev. 07-01-18
EBIX Insurance No. S200005565

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
WSP USA, INC.

PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and WSP USA, Inc., a New York 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. City desires to secure the 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 TERMS AND CONDITIONS

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

Exhibit A – Scope of Services
Exhibit B1 – Schedule of Fees
Exhibit B2 – Fees by Year and Task
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance Addendum
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This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
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 October 1, 2025 and terminate on September 30, 2030

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.

4. 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 or 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.

5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the 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.

6. 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 in accordance with Exhibits B1 and B2, entitled “SCHEDULE OF FEES.” The maximum compensation of this Agreement is Two Million Seven Hundred Thirteen Thousand Nine Hundred Fifty-Nine Dollars ($2,713,959(, subject to Agreement with Agreement with WSP USA, Inc. Page 3
Rev. 07-01-18
budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.

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

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

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

8. ASSIGNMENT AND SUBCONTRACTING
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.

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.

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

10. INDEPENDENT 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 to manage its employees in their performance of Services under this Agreement.

Agreement with Agreement with WSP USA, Inc. Page 4
Rev. 07-01-18

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for 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.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but 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 work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of 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 bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

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.

14. HOLD HARMLESS/INDEMNIFICATION
A. 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, Agreement with Agreement with WSP USA, Inc. Page 5
Rev. 07-01-18
liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees or persons contracting with Contractor to perform any portion of the Scope of Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. 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 fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.

15. 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 as set forth in Exhibit C.

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

Agreement with Agreement with WSP USA, Inc. Page 6
Rev. 07-01-18

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

City of Santa Clara
Attention: Department of Public Works
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at *[email protected]
And to Contractor addressed as follows:
*Name of Contractor
*Address of Contractor
and by e-mail at *_______________@XXX
The workday the e-mail was sent shall control the date notice was deemed given.

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

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

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, Agreement with Agreement with WSP USA, Inc. Page 7
Rev. 07-01-18
ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

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

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

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

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

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

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

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

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

By (Signature):

Name: Brent Smith
Title: Vice President, Principal Scientist
Principal Place of
Business Address:

One Penn Plaza, 4th Floor
New York, NY 10119
Email Address: [email protected]
Telephone: (714) 925-4498
Fax: (833) 778-3465
“CONTRACTOR”
Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 1 Rev. 07-01-18

EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below.

The Scope of Services, including Exhibit A, Contractor’s proposal response dated July 18, 2025 provide context, supplemental information, and are incorporated by reference to the extent not inconsistent with the Agreement.

1. PROJECT BACKGROUND
The former Santa Clara All Purpose Landfill is a Class III landfill located in the northern part of the city. The landfill is approximately 230 acres and is comprised of four areas, designated Parcel 1, Parcel 1NW, Parcel 2, Parcel 3/6, and Parcel 4. The landfill operated from approximately 1934 to 1993. Closure was completed in 1994.

Most of the closed landfill was developed as an 18-hole golf course and a BMX track.

The golf course is now closed, and the City has an agreement with Related to develop a mixed-use development project (Related Santa Clara Development) in the golf course area. The project will be phased over multiple years. The first development construction began on Parcel 4 with landfill gas collection system modifications and stockpiling of soil.

The landfill was developed before current regulatory requirements for a composite liner and leachate collection and removal system (LCRS). Parcel 4 is unlined and does not have a LCRS. Parcels 1 and 2 have a low-permeability soil barrier around the perimeter, but do not have a base liner or a LCRS. Parcels 1NW and 3/6 have a lowpermeability liner and a dendritic LCRS. Currently, only leachate risers LR-1 and LR-4 in Parcel 3/6 are the only risers that are accessed for monitoring. Leachate is pumped from riser LR-1 and conveyed to the sanitary sewer system. Leachate is not currently removed from LR-4; although it is proposed to add a pump in LR-4 to allow leachate to be pumped from the riser.

Currently, there are twenty-five (25) groundwater monitoring wells that are sampled semi-annually. Twenty-one (21) wells sample the A zone (approximately 25 feet below ground surface [BGS]) and four (4) wells sample the B zone (approximately 60 feet BGS). There are twelve (12) additional wells that were installed for the landfill end-use development. These wells are currently used for water levels only but are required to be monitored prior to commencement of development construction.

Low-level volatile organic compounds (VOCs) have been detected in monitoring wells located along the northern perimeter of Parcel 4. The VOC-impacted groundwater plume is stable and has not expanded over many years of monitoring. An Evaluation Monitoring Program (EMP) to address the VOC impact was submitted in 2021.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 2 Rev. 07-01-18
In 2019, routine monitoring detected 1,4-dioxane in Well G4-R. As a result, in agreement with the Regional Water Quality Control Board (RWQCB), the sampling and analysis program was informally modified to change the analytical method for 1,4- dioxane to Method 8270, which provides a lower reporting limit than the method specified in the Waste Discharge Requirements (WDR) Monitoring and Reporting Program.

The adjacent San Tomas Aquino Creek and Guadalupe River are sampled semiannually at upstream and downstream locations.

A landfill gas (LFG) collection and control system was installed beginning in 1985. The collection system is currently comprised of 74 vertical collection wells distributed across the landfill. Most of the LFG piping is buried and 68 wellheads are in vaults. The collection system conveys the LFG to a blower/flare facility located near the BMX track.

The blower/flare facility was rebuilt in 2018. There is also a separately permitted microturbine-powered electrical generation facility adjacent to the blower/flare facility that is owned and operated by Ameresco. The City’s electrical utility, Silicon Valley Power, purchases the generated electrical power from Ameresco. The microturbines currently are the primary control device with the City’s blower/flare facility providing backup and supplemental control.

Condensate collected at the blower/flare facility is treated to buffer the pH and disposed to the sanitary sewer system.

With the proposed landfill end-use development, the existing LFG collection and control system will be replaced in conjunction with the individual development phases and that the number of LFG collection wells will increase. The total number of future LFG collection wells is unknown; although, based on Related Santa Clara’s 50 percent design drawings, the number of LFG collection wells in Parcel 4 will increase from 22 to

66. Additionally, the replacement LFG collection system will include vacuum monitoring locations in addition to the wellheads, oxygen sensors on the subheaders, and line valves on the subheaders that are not included in the existing LFG collection system.

There are 44 perimeter LFG monitoring wells. All wells are single probes. The LFG monitoring wells are monitored quarterly. With the proposed landfill end-use development, it is anticipated that the number of LFG perimeter monitoring wells will increase. Langan’s 50 percent design drawings include 30 additional LFG monitoring probes.

2. SCOPE OF SERVICES

2.1. All services provided shall be consistent with the following:

2.1.1. Waste Discharge Requirements (WDR) R2-2017-0021

2.1.2. Solid Waste Facility Permit (SWFP) 43-AO-0001
Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 3 Rev. 07-01-18

2.1.3. Bay Area Air Quality Management District (BAAQMD) Synthetic Minor Operating Permit Condition #2935 BAAQMD Regulation 8, Rule 34 (Rule 8-34)

2.1.4. California Code of Regulations Title 17

2.1.5. California Code of Regulations Title 27

2.1.6. Other applicable permits, approvals, rules, and regulations

2.2. Contractor shall provide services as specified in the tasks identified in Sections three (3) – nine (9) below.

3. Task 1 – Operations, Maintenance, and Monitoring Services

3.1. Routine operations, maintenance, and monitoring shall be performed on a weekly, monthly, quarterly, and annual basis as required by Synthetic Minor Operating Permit Condition #2935 issued by the BAAQMD, BAAQMD Rule 8- 34, and California Code of Regulations Titles 17 and 27.

3.2. Sub-Task 1A - Routine Weekly GCCS Inspections and Data Download

3.2.1. Once each week, Contractor shall check the GCCS system equipment and pH neutralization system to confirm proper operation in accordance with applicable permits, rules and regulations, and good practice. Equipment operation to be confirmed includes LFG flare and blower (if in operation), pilot fuel supply, automatic LFG valve, data recorders and remote alarms, air supply compressors, and condensate and leachate sump pumps. Pumps and controllers will be inspected and maintained in accordance with current industry practices or the manufacturer’s specifications. The LFG main header and sub-header sample ports will be monitored for early detection of construction-related or other damage. The pH measurement probe, sodium hydroxide feed and mixing system will be checked and cleaned. Equipment requiring more frequent attention will be monitored and maintained as needed as a part of Task 4 until permanent repair or replacement is completed. Infrequent events, such as flow meter recalibration, will be performed as a part of Task 4.

3.2.2. The flare station data recorder shall be downloaded during each weekly visit to confirm that the operational parameters are within normal ranges and are in compliance with permit conditions. Flare continuous parameter compliance will be reported with the routine air quality compliance reporting as a part of Task 2. Responding to an alarm notification will be performed as part of Task 4.

3.2.3. During and after the routine monitoring visits, minor maintenance on LFG collection components (e.g., replacing damaged/worn above ground flex hoses, monitoring ports, or control valves) will be performed. Materials/supplies utilized for minor maintenance will be Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 4 Rev. 07-01-18
obtained from an existing on-site spare parts inventory or purchased if unavailable. Wellfield operations and maintenance activities and nonroutine maintenance and repair recommendations will be summarized in the internal monthly reports prepared as part of Task 2.

3.2.4. The leachate pump system at leachate risers LR-1 and LR-4, and four LFG condensate sumps will be inspected during the weekly visits.

Inspection will include recording flow meter, pump counter, water level readings to verify normal equipment operation. The leachate discharge flow quantities will be recorded weekly and provided to the City for periodic reporting. There are three (3) condensate sumps that require periodic manual pumping with discharge to the flare condensate pump. Contractor will coordinate the removal of the condensate sump pumps in the wellfield and blower/flare facility for inspection and cleaning.

3.3. Subtask 1B - Routine Monthly Monitoring

3.3.1. Monthly wellhead and header sampling for methane, oxygen, temperature, and vacuum will be performed using a LANDTEC GEM5000 or equivalent instrument, according to the requirements of BAAQMD Rule 8-34. In conjunction with the wellhead monitoring, routine landfill final cover inspections will be performed according to the requirements of BAAQMD Rule 8-34 and the WDRs. This task includes only conducting the initial routine monitoring events. Any corrective action, follow-up monitoring, recommended mitigation measures for cover integrity issues or persistent wellhead exceedances will be performed by the City or as a part of Task 4.

3.3.2. All LFG extraction wells will be monitored and adjusted a minimum of once each month. Wells that require more frequent adjustments will be monitored and adjusted on an as-needed basis as a part of Task 4.

During this monthly wellhead monitoring task, routine adjustments of the GCCS will be made targeting the specifications of the Ameresco LFG energy project, as mutually agreed to by the City and Ameresco, and to maintain regulatory compliance.

3.4. Subtask 1C - Routine Quarterly Monitoring

3.4.1. GCCS component leak monitoring will be performed quarterly in accordance with BAAQMD and Title 17 regulations. A calibrated organic vapor analyzer complying with US EPA Method 21
requirements is to be used for the monitoring.

3.4.2. Monitoring of perimeter LFG monitoring wells and onsite structure monitoring will be performed in accordance with Title 27 and the SWFP. Monitoring activities will include measuring and recording Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 5 Rev. 07-01-18
methane concentrations and soil gas pressures for each probe using a Landtec GEM5000 or equivalent instrument. Site conditions shall be recorded as required.

3.4.3. The methane sensors at BMX building and pump station will be calibrated as part of the routine quarterly monitoring.

3.5. Subtask 1D - Annual Title 17 and BAAQMD Rule 8-34 Surface Emission Monitoring

3.5.1. Annual surface emission monitoring will be performed to meet the compliance requirements of Title 17 and BAAQMD Rule 8-34. A flame ionization detector will be used to measure methane concentrations 3-inches above the surface. Any areas exceeding 500 parts per million in air by volume (ppmv) or instantaneous 25 ppmv integrated average methane concentration thresholds will be identified and marked for repair.

3.6. Subtask 1E – Annual Flare Source Monitoring Test

3.6.1. The Synthetic Minor Operating Permit requires annual control device emission source testing, control device temperature and total flow documentation, and annual hydrogen sulfide testing. All source testing procedures shall be submitted to the BAAQMD for review and approval. Pre-test GCCS monitoring and tuning to optimize flare operating conditions will be performed. The source test may be performed by a subcontractor, including required sampling, preparing, and submitting the required reports, and maintaining the necessary documentation of the activities.

3.7. Subtask 1F- Project Management

3.7.1. The following project management will be completed under this task, including, communication with City staff and Ameresco operators, tracking of project compliance calendar, scheduling field staff, coordinating and tracking field equipment, tracking task costs in compliance with task budget, and engaging and scheduling subcontractors as needed.

4. Task 2 – Air Quality and LFG Compliance Reporting
Contractor shall prepare internal and required regulatory reports as described below:

4.1. Subtask 2A - Routine Monthly Data Review and Reporting:

4.1.1. Required control device operation, air quality, and LFG compliance data shall be compiled and reviewed for submittal in internal monthly reports to the City.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 6 Rev. 07-01-18

4.1.2. Data shall be reviewed to assure that necessary compliance monitoring is being performed and data transmitted in a timely manner. The City shall be notified within two business days upon finding any condition or data with potential for non-compliance, including GCCS parameters and exceedances, final cover
deficiencies or areas of concern.

4.1.3. Monthly reports shall be submitted to the City within 25 days following the end of each month. The monthly reports shall constitute primary entries into the required BAAQMD Site Operating Record with field records and instrumentation data discs maintained as secondary back-up information. These reports shall summarize all LFG and air monitoring, O&M, and compliance activities performed during the month and present collected data in a tabular format.

Recommendations shall be made to address potential compliance issues or maintenance activities.

4.2. Subtask 2B – Routine Quarterly Monitoring

4.2.1. Routine perimeter LFG well and structure monitoring results shall be reported to the Local Enforcement Agency (LEA) on a quarterly basis.

Quarterly reports shall be submitted to the LEA within 25 days following the quarter end.

4.2.2. Draft quarterly reports shall be submitted to the City for review and comment 10 days before the submittal date.

4.2.3. Annual surface emissions monitoring data shall be processed and stored for preparation of the annual AB32 report to the BAAQMD.

Quarterly reports documenting calibration of methane sensors shall be prepared and submitted to the LEA.

4.3. Subtask 2C - BAAQMD Rule 8-34 Annual Report

4.3.1. The annual report required by BAAQMD Rule 8-34, Section 411 and Synthetic Minor Operating Permit Part 14 shall be prepared. The report shall be based, in part, on the information collected during routine monitoring events and compiled in the monthly internal reports.

4.3.2. A draft report shall be submitted to the City for review and comment 10 days prior to the submittal deadline. The reports shall be finalized based on comments received.

4.3.3. The final report shall be submitted to the City for approval and signature before submittal to the regulatory agencies by the required deadline.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 7 Rev. 07-01-18

4.4. Subtask 2D - Annual Title 17 Report

4.4.1. The annual report required by Title 17, Section 95470(b)(3) shall be prepared and include general facility information, LFG collection information, LFG collection and control system operating information, and deviations from Title 17 requirements. The report shall also include the annual surface emission monitoring report and flare source test report.

4.4.2. A draft report shall be submitted to the City for review and comment 10 days prior to the submittal deadline. The report shall be finalized based on comments received.

4.4.3. The final report shall be submitted to the City for approval and signature before submittal to the regulatory agencies by the required deadline, March 15.

4.5. Subtask 2E - E-GRRT Report

4.5.1. Data shall be compiled and the annual greenhouse gas report (eGGRT) shall be prepared for electronic submittal to the EPA by the date required (date was May 30 in 2025).

4.5.2. The draft e-GGRT report from the EPA website shall be submitted to the City for review and comment 10 days prior to the due date. The report shall be finalized based on comments received.

4.6. Subtask 2F - LFG System Operations Report

4.6.1. Provision C.13 of the WDRs requires submitting an LFG system operations report to the RWQCB semi-annually by January 31 and July 31 of each year. The report is to certify that the LFG system has operated uninterrupted, except as required and permitted for maintenance and/or repairs, during the reporting period and remains protective of human health and the environment. The report is to also describe any system issues related to exceedances, repairs, maintenance, or significant operational changes.

4.6.2. Draft reports are to be submitted to the City 10 days prior to the submittal date. The reports shall be finalized based on comments received.

4.7. Subtask 2G – Project Management:

4.7.1. Project management shall be completed under this task, including, communicating with City staff and Ameresco operators, tracking of project compliance calendar, and tracking task costs in compliance with task budget.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 8 Rev. 07-01-18

5. Task 3 – Water Quality Monitoring and Reporting Services

5.1. Semiannual and annual water-quality monitoring and reporting for the landfill shall be performed consistent with the Self-Monitoring Program (SMP) contained in WDR R2-2017-0021.

5.2. Samples shall be collected during the second and fourth quarter of each year.

5.3. Subtask 3A -Semi-annual Monitoring and Analysis

5.3.1. The elements of the semi-annual water quality detection monitoring include:

5.3.1.1. Semiannual monitoring and sampling from twenty-five (25) groundwater monitoring wells and piezometers (G-1, G-2R, G-3R, G-4R, G-5, G-6, G-7, G-8, G-10, G-11, G-12, G-13, G-15, G-16R, G-17, G-18, G-19, G-21, C-1, MW-4B, MW5B, MW-12A and H-5, H-6, and H-7) and from the leachate discharge sampling locations (LR-1 and LR-4).

5.3.1.2. Semiannual water levels from twelve (12) groundwater monitoring wells for landfill development with sampling to commence prior to construction.

5.3.1.3. Semiannual surface water monitoring from upstream and downstream locations relative to the landfill in San Tomas Aquino Creek (SW-1 and SW-2, respectively) and the
Guadalupe River (SW-3 and SW-4, respectively).

5.3.1.4. Semiannual liquid level measuring in thirty-eight (38) groundwater wells or piezometers.

5.3.2. The leachate management facilities and perimeter diversion channels shall be inspected during the semiannual sampling events and at one other time during the intervening quarters.

5.3.3. The following sampling and analysis procedures shall be implemented:

5.3.3.1. Prior to initiating sampling at the landfill, the laboratory shall be contacted for delivery of appropriate sample containers.

5.3.3.2. Fluid levels shall be measured in each monitoring well before samples are collected.

5.3.3.3. Sample collection and storage shall be performed as specified in EPA SW-846.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 9 Rev. 07-01-18

5.3.3.4. Groundwater wells shall be purged before sample collection; leachate and surface water shall be collected as grab samples. Groundwater samples shall be field filtered for metals analyses; leachate and surface water shall be unfiltered.

5.3.3.5. Semiannual groundwater, surface water, and leachate samples shall be analyzed for the following suite of
parameters; sampling shall include one field blank and one trip blank for VOCs:
• VOCs (Subtitle D Appendix I)
• 1, 4-Dioxane (EPA Method 8270)
• Dissolved Metals (Subtitle D Appendix I)
• Total petroleum hydrocarbons as gasoline and diesel
• General water quality parameters (bicarbonate alkalinity, total Kjeldahl nitrogen, total organic carbon)
• Field parameters (pH, temperature, electrical
conductivity, turbidity, and dissolved oxygen)

5.3.4. Samples shall be transported or shipped to the laboratory with appropriate chain of custody for the specified analyses. Chain of custody forms shall accompany the samples at all times.

5.4. Subtask 3B - 5-Year Monitoring and Analysis
Included in the WDR monitoring requirements is a five (5) year analytical requirement for Subtitle D, Appendix II parameters for groundwater, surface water, and leachate. The next COC event will take place in the fourth quarter of 2027.

5.5. Subtask 3C - Standard Observations

5.5.1. Standard observations are required by the WDRs within the landfill limits, at the landfill perimeter, and at the receiving waters. Standard observations shall be recorded quarterly and will include:

5.5.1.1. Landfill
• Evidence of ponded water
• Evidence of odors
• Evidence of erosion and/or daylighted waste

5.5.1.2. Landfill Perimeter
• Evidence of liquid leaving or entering the landfill
• Evidence of odors
• Evidence of erosion and/or daylighted waste
Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 10 Rev. 07-01-18
• Vegetation coverage

5.5.1.3. Receiving Waters
• Floating and suspended materials of waste origin
• Discoloration and turbidity
• Evidence of odors
• Evidence of beneficial use
• Estimated flow rate
• Weather conditions

5.5.2. The standard observations shall be made on forms that shall be included in the semi-annual monitoring reports.

5.6. Subtask 3D - Semi-annual Reporting

5.6.1. The monitoring results submittals to the RWQCB shall consist of two semi-annual monitoring reports due July 31 and January 31 of each year and an annual summary report due January 31, which is typically combined with the semi-annual report.

5.6.2. The semi-annual monitoring reports shall contain text, tables, and graphs of the water-quality data, groundwater contour maps, calculations of the groundwater velocity beneath the site, and facilities monitoring inspection summaries. Typical tasks in the routine monitoring report preparation are:

5.6.2.1. Coordination with contracted laboratory to obtain sample analytical results

5.6.2.2. Evaluation of laboratory results

5.6.2.3. Maintenance of existing test results databases

5.6.2.4. Preparation of groundwater contour maps and calculation of groundwater velocity

5.6.2.5. Preparation of historical tabular and graphical data summaries

5.6.2.6. Calculation of concentration limits

5.6.3. Draft reports shall be submitted for review at least 10 working days prior to the reporting deadlines.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 11 Rev. 07-01-18

5.6.4. In addition to the results from this scope of work, monitoring reports shall include information provided by others, including copies of leachate extraction data.

5.6.5. The City-approved semi-annual reports shall be transmitted to the RWQCB in both hard-copy and electronic formats, and entered the state Geotracker system, as required.

5.7. Subtask 3E - Annual Maintenance Report

5.7.1. WDR Provision C.14 requires preparing an annual maintenance report detailing the repair and maintenance activities that need to be completed before the start of the next rainy season.

5.7.2. The report shall include a schedule for repair and maintenance activities and a cost analysis detailing the anticipated expenses for repairs, maintenance, and monitoring for the next 12 months.

5.7.3. The report is due to the RWQCB by July 31 of each year.

5.8. Subtask 3F – Project Management

5.8.1. Project management shall be completed under this task, including, communicating with City staff, tracking of project compliance calendar, scheduling field staff, coordinating and tracking field equipment, engaging, scheduling, and tracking laboratory subcontractors, and tracking task costs in compliance with task budget.

6. Task 4 – Non-Routine and Emergency Compliance Services

6.1. Non-routine tasks are those activities that are above and beyond the scope of services described in Tasks 1 through 3.

6.2. Generally speaking, a non-routine task is one that requires more than 30 additional minutes during a site visit to complete or requires a special site visit.

6.3. These tasks require City approval prior to the performance of services.

6.4. An emergency task is an event that requires immediate response and will generally be performed without the advanced approval of the City.

6.5. Special projects may also be requested by the City.

6.6. Subtask 4A - Non-Routine Maintenance and Repairs

6.6.1. Non-routine activities include specific pre-scheduled work tasks that are required to maintain regulatory compliance or improve environmental control system performance.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 12 Rev. 07-01-18

6.6.2. These work tasks shall be developed based upon the results of routine system inspections and report recommendations conveyed to the City. The City may also request services be performed under this task.

6.6.3. Examples of specific work tasks that may be performed under this category include, but are not limited to:

6.6.3.1. Replacement of site monitoring facilities, instrumentation, or procedures;

6.6.3.2. Replacement of site environmental control equipment or facilities, including landfill final cover;

6.6.3.3. Investigation and characterization of deviations in the site or compliance data, including slope failures, air leakage or intrusion, high temperatures, or potential subsurface
combustion;

6.6.3.4. Assist with periodic site inspections and record reviews by regulatory agencies;

6.6.3.5. Rule, permit, and variance compliance negotiations with regulatory agencies;

6.6.3.6. Permit applications for modified or new facilities or equipment;

6.6.3.7. Notifications to regulatory agencies for breakdowns or abnormal operations; and

6.6.3.8. SEM, component leak, and well deviation follow-up.

6.7. Subtask 4B - Emergency Services

6.7.1. Provide emergency response services for landfill environmental control system malfunctions during the contract term.

6.7.2. Respond to these situations seven days a week, 365 days a year within a period of eight hours (during daylight hours only) from the time of notification of the problem by authorized City personnel or a recognized automatic call-out device.

6.8. Subtask 4C - Special Projects
Special projects that have been authorized in the past are noted below:

6.8.1. Condensate storage tank design and permitting
Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 13 Rev. 07-01-18

6.8.2. Compressor replacement/installation

6.8.3. Condensate neutralization system design and permitting

6.8.4. Update of the financial assurance and post closure maintenance plan

6.8.5. Support for improvements to the LFG collection and control system

6.9. Subtask 4D - Topographic Mapping:

6.9.1. A topographic map meeting the following requirements shall be prepared during the Fiscal Year 2028-2029 agreement year:

6.9.1.1. Provide control survey based on NAD88 horizontal datum, NGVD88 vertical datum, and California Coordinate System Zone 3

6.9.1.2. Provide color aerial photography

6.9.1.3. Analytical aero triangulation

6.9.1.4. Photogrammetric mapping at 40 scale

6.9.1.5. Provide AutoCAD 3D file

6.9.1.6. Provide PDF of topographic map

6.9.1.7. Provide 4 DVDs with color digital orthophoto in TIFF/TFW format

6.9.1.8. Provide 2 sets of black and white contact prints

6.9.2. An iso-settlement map will be prepared consistent with 27 CCR 21090(3)(2). The next iso-settlement map is due by June 30, 2029.

6.10. Subtask 4E – Project Management

6.10.1. Project management shall be completed under this task, including, communicating with City staff and regulatory agencies (if needed), tracking of project compliance calendar, scheduling field staff, coordinating and tracking field equipment, tracking task costs in compliance with task budget, and engaging and scheduling subcontractors as needed.

7. Task 5 - Related Santa Clara Development Project Technical Support

7.1. Technical support shall be provided to the City associated with the proposed Related Santa Clara Development. Services related to the proposed development may include, but not limited to, the following:

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 14 Rev. 07-01-18

7.1.1. Providing background information to Related’s consultants

7.1.2. Reviewing and commenting on various work plans prepared by Related’s consultants

7.1.3. Reviewing and commenting on investigation results and engineering analyses

7.1.4. Reviewing and commenting on reports and preliminary designs prepared by Related’s consultants

7.1.5. Reviewing potential development-related impacts to containment systems

7.1.6. Reviewing potential development-related impacts to environmental control systems

7.1.7. Reviewing potential development-related impacts to environmental monitoring systems

7.1.8. Reviewing potential impacts to the Ameresco generation facility

7.1.9. Reviewing regulatory compliance issues

7.1.10. Reviewing proposed development plans

7.1.11. Reviewing regulatory submittals

7.1.12. Meeting with Related and its consultants

7.1.13. Meetings with the RWQCB and the LEA

8. Task 6 - Construction Support

8.1. Contractor’s responsibility under this task is to provide observation, reporting and advisement on the construction work provided. Contractor is not the responsibility party to perform any construction work.

8.2. The purpose of this task is to provide a mechanism for rapid response to major non-routine or emergency repair and construction activities that result from the expansion of the uses and future construction at the landfill. This may include excavation of damaged pipes, condensate sumps, broken laterals or headers, damaged wells, repair of damage caused by other construction activities or site uses, or other issues that are beyond the contracted routine scope of work.

8.3. Observations shall be documented in accordance with City and regulatory requirements.

Agreement with WSP USA, Inc./Exhibit A-Scope of Services Page 15 Rev. 07-01-18

8.4. Work under this task shall begin after receipt of approval from the City.

9. Task 7 - Permitting Support

9.1. As requested, Contractor will prepare documents to support the five-year Solid Waste Facility Permit (SWFP) review in accordance with Title 27, Section 27640 (27 CCR 27640). The five-year review will be due in 2029.

Documents to be submitted as part of the 5-year SWFP review are:

9.1.1. Application for five-year SWFP review

9.1.2. Final post closure Maintenance Plan

9.1.3. Updated post closure maintenance cost estimate

9.1.4. Non-Water Release Corrective Action Plan

9.1.5. Financial assurance

9.2. The post closure maintenance plan and post closure maintenance cost estimate shall be updated consistent with 27 CCR 21815 and 21840. The non-water release corrective action plan shall be prepared consistent with 27 CCR 22101.

9.3. A draft five-year SWFP review package shall be submitted to the City for review and comment 10 days prior to the submittal date. The package shall be finalized based on comments received.

9.4. Prepare Authority to Construct and Permit to Operate applications for GCCS expansions and modifications (City BAAQMD permits).

10. INVOICE REQUIREMENTS

10.1. Contractor shall invoice the City on a monthly basis for services provided by Contractor during the preceding month on an invoice and in a format approved by the City and subject to verification and approval by the City.

10.2. City will pay Contractor within thirty (30) days of City’s receipt of an approved invoice.

10.3. Invoices shall be detailed and include all costs so the City clearly understands the services completed, fees charged and the task(s) associated with the invoice.

Agreement with WSP USA, Inc./Exhibit B1-Schedule of Fees Page 1 Rev. 07-01-18
EXHIBIT B1

SCHEDULE OF FEES

1. MAXIMUM COMPENSATION

1.1. The maximum amount payable for all services provided under this Agreement shall not exceed Two Million Seven Hundred Thirteen Thousand Nine Hundred Fifty-Nine Dollars ($2,713,959), during the term of the Agreement.

No additional services will be performed unless both Parties execute an amendment outlining the services requested and the compensation agreed for such services.

1.2. All payments are based upon City’s acceptance of Consultant’s performance of services specified in Exhibit A (Scope of Services). City shall have no obligation to pay unless Consultant has successfully completed the work for which payment is due.

1.3. The compensation to be paid by the City to the Consultant is specified below:

Table B1-1

DESCRIPTION AMOUNT
Tasks 1 - 3: Routine Services for Year 1 of 5 (10/01/25 - 09/30/26) $316,073
Tasks 1 - 3: Routine Services for Year 2 of 5 (10/01/26 - 09/30/27) $325,558
Tasks 1 - 3: Routine Services for Year 3 of 5 (10/01/27 - 09/30/28) $335,323
Tasks 1 - 3: Routine Services for Year 4 of 5 (10/01/28 - 09/30/29) $370,200
Tasks 1 - 3: Routine Services for Year 5 of 5 (10/01/29 - 09/30/30) $353,688
Task 4D: Topographical Monitoring (Year 4 of 5) $54,423 Task 7: Permitting Support (Year 4 of 5) $17,759
TOTAL FOR ALL ROUTINE SERVICES $1,773,024
As-needed Non-routine and Emergency Services $886,512
TOTAL MAXIMUM COMPENSATION NOT-TOEXCEED $2,659,536

1.4. In the event there is a need to move allocated hours from one task to a different task the City and Consultant must agree in writing to this change. This will not change the not-to-exceed maximum compensation of this agreement.

Agreement with WSP USA, Inc./Exhibit B1-Schedule of Fees Page 2 Rev. 07-01-18

1.5. See Exhibit B2 for task breakdown by cost, hours, and Term Year.

2. FEES
All fees are foxed for the term of the Agreement.

3. HOURLY RATES AND FEES FOR EQUIPMENT

3.1. Below are the hourly rates and job titles for services provided under this Agreement.

Table B1-2
Job Title Year
1 of 5
Year
2 of 5
Year
3 of 5
Year
4 of 5
Year
5 of 5
Project Manager $299 $308 $317 $327 $337
Lead Consultant $220 $227 $233 $240 $248
Consultant $165 $170 $175 $180 $186
Associate
Consultant $140 $144 $149 $153 $158
Field technician $130 $134 $138 $142 $146
Intern $89 $92 $94 $97 $100
Assistant
Consultant $125 $129 $133 $137 $141
Senior
Consultant $185 $191 $196 $202 $208
Senior Lead
Consultant $255 $263 $271 $279 $287
Director, P7 $299 $308 $317 $327 $337
Senior Director $320 $330 $339 $350 $360
Manager $208 $214 $221 $227 $234
Senior Manager $241 $248 $256 $263 $271
Director, L3 $295 $304 $313 $322 $332
Senior/Executive
Director $326 $336 $346 $356 $367
Assistant
Coordinator $80 $82 $85 $87 $90
Agreement with WSP USA, Inc./Exhibit B1-Schedule of Fees Page 3 Rev. 07-01-18
Job Title Year
1 of 5
Year
2 of 5
Year
3 of 5
Year
4 of 5
Year
5 of 5
Project
Coordinator $98 $101 $104 $107 $110
Senior Project
Coordinator $116 $119 $123 $127 $131
Administrative
Specialist $133 $137 $141 $145 $150
Technician
Assistant $87 $90 $92 $95 $98
Coordinator,
Technician $109 $112 $116 $119 $123
Senior
Coordinator,
Technician
$130 $134 $138 $142 $146
Specialist $150 $155 $159 $164 $169
Senior
Technician $160 $165 $170 $175 $180
Lead Technician $178 $183 $189 $195 $200

3.2. Below are the fees for equipment used for services provided under this Agreement.

Table B1-3
Fee for Equipment and
Materials Description (Per
Day)
Year
1 of 5
Year
2 of 5
Year
3 of 5
Year
4 of 5
Year
5 of 5
Truck $125 $129 $133 $137 $141
Materials $10 $10 $11 $11 $11
GEM $125 $129 $133 $137 $141
FID $275 $283 $292 $300 $310
WQ Meter $100 $103 $106 $109 $113
Sample Pump $75 $77 $80 $82 $84

4. INVOICING REQUIREMENTS

4.1. Consultant shall invoice the City on a monthly basis for services provided by Consultant during the preceding month on an invoice and in a format approved by the City and subject to verification and approval by City.

4.2. City will pay Consultant within thirty (30) days of City’s receipt of an approved invoice.

Agreement with WSP USA, Inc./Exhibit B1-Schedule of Fees Page 4 Rev. 07-01-18

4.3. Invoices shall be detailed and include all costs so the City clearly understands the services completed the task associated with the invoice.

Agreement with WSP USA, Inc./Exhibit B2-Fees by Year and Task Page 1 Rev. 07-01-18
EXHIBIT B2

FEES BY YEAR AND TASK
Task/
Subtask Task/Subtask Name
Year 1 of 5
(10/01/25 -
09/30/26)
Year 2 of 5
(10/01/26 -
09/30/27)
Year 3 of 5
(10/01/27 -
09/30/28)
Year 4 of 5
(10/01/28 -
09/30/29)
Year 5 of 5
(10/01/29 -
09/30/30)
Total
1 Operations, Maintenance and Monitoring Services
1A Routine Weekly GCCS Inspections and Data
Download $56,430 $58,123 $59,867 $61,663 $63,512 $299,595 1B Routine Monthly Monitoring $33,778 $34,791 $35,835 $36,910 $38,017 $179,331 1C Routine Quarterly Monitoring $25,396 $26,158 $26,943 $27,151 $28,583 $134,831 1D Annual Title 17 and BAAQMD Surface
Emissions Monitoring $9,800 $10,094 $10,397 $10,709 $11,030 $52,030 1E Annual lare Monitoring/Source Test $25,800 $26,574 $27,371 $28,193 $28,353 $136,291 1F Project Management $7,774 $8,007 $8,247 $8,495 $8,750 $41,273 Task 1 Total $158,978 $163,747 $168,660 $173,721 $178,245 $843,351 2 Air Quality and LFG Compliance Reporting
2A Routine Monthly Data Review and Reporting $27,594 $28,422 $29,274 $30,153 $31,057 $146,500 2B Quarterly Reporting $10,956 $11,285 $11,623 $11,972 $12,331 $58,167 2C BAAMD Rule 8-34 Report (Annual) $6,199 $6,385 $6,577 $6,774 $6,977 $32,912 2D Annual Title 17 Report $5,739 $5,911 $6,089 $6,271 $6,459 $30,469 2E E-GRRT Report $3,059 $3,151 $3,245 $3,343 $3,443 $16,241 2F LFG System Operation Report $4,118 $4,242 $4,369 $4,500 $4,635 $21,864 2G Project Management $3,588 $3,696 $3,807 $3,921 $4,038 $19,050 Task 2 Total $61,253 $63,092 $64,984 $66,934 $68,940 $325,203 3 Water Quality Monitoring and Reporting Services
3A Semi-annual Monitoring and Analysis $61,954 $63,813 $65,727 $67,699 $68,363 $327,556 3B 5-Year Monitoring and Analysis Not
Required
Not
Required
Not
Required $24,815 Not Required $24,815
3C Standard Observations $4,320 $4,450 $4,583 $4,721 $4,862 $22,936 3D Semi-annual Reporting $22,392 $23,064 $23,756 $24,468 $25,202 $118,882 3E Annual Maintenance Report $4,784 $4,928 $5,075 $5,228 $5,384 $25,399 3F Project Management $2,392 $2,464 $2,538 $2,614 $2,692 $12,700 Task 3 Total $95,842 $98,719 $101,679 $129,545 $106,503 $532,288 Agreement with WSP USA, Inc./Exhibit B2-Fees by Year and Task Page 2 Rev. 07-01-18
Task/
Subtask Task/Subtask Name
Year 1 of 5
(10/01/25 -
09/30/26)
Year 2 of 5
(10/01/26 -
09/30/27)
Year 3 of 5
(10/01/27 -
09/30/28)
Year 4 of 5
(10/01/28 -
09/30/29)
Year 5 of 5
(10/01/29 -
09/30/30)
Total
4 Non-routine and Emergency Compliance Services
4A Non-routine Maintenance and Repairs As-Needed Services 4B Emergency Services As-Needed Services
4C Special Projects As-Needed Services
4D Topographical Monitoring Not
Required
Not
Required
Not
Required $54,423 Not Required $54,423
4E Project Management As-Needed Services
Task 4 Total $54,423 $54,423
5 Related Santa Clara City Center Project
Technical Support As-Needed Services
6 Construction Support As-Needed Services
7 Permitting Support *** Not
Required
Not
Required
Not
Required $17,759 Not Required $17,759
TOTAL FOR ROUTINE SERVICES $316,073 $325,558 $335,323 $442,382 $353,688 $1,827,447 Agreement with WSP USA, Inc./Exhibit C-Insurance Requirements Page 1 Rev. 07-01-18

EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twenty-four (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor’s insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.

B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at Agreement with WSP USA, Inc./Exhibit C-Insurance Requirements Page 2 Rev. 07-01-18
least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

C. WORKERS’ COMPENSATION

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. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney’s Office.

E. 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 Agreement with WSP USA, Inc./Exhibit C-Insurance Requirements Page 3 Rev. 07-01-18
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 non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.

F. 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 Agreement with WSP USA, Inc./Exhibit C-Insurance Requirements Page 4 Rev. 07-01-18
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.

G. 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 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.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.

Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be emailed to:
[email protected]
Or mailed to:

EBIX Inc.

City of Santa Clara Department of Public Works
P.O. Box 100085 – S2
Duluth, GA 30096
Telephone number: 951-766-2280
Fax number: 770-325-0409
Agreement with WSP USA, Inc./Exhibit C-Insurance Requirements Page 5 Rev. 07-01-18
I. 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.

Agreement with WSP USA, Inc./Exhibit D-Labor Compliance Page 1 Rev. 07-01-18

EXHIBIT D

J. Prevailing Wage Requirements

1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.

2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.

Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.

4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.

5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified Agreement with WSP USA, Inc./Exhibit D-Labor Compliance Page 2 Rev. 07-01-18
payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.

6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.

7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.

9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.

10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.

11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

K. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is Agreement with WSP USA, Inc./Exhibit D-Labor Compliance Page 3 Rev. 07-01-18
practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

L. Enforcement

1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.

2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.

3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.

City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements.

These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-791 Agenda Date: 9/23/2025

REPORT TO COUNCIL

SUBJECT
Action to Authorize the City Manager to Execute an Agreement with Westlake Ryder Square, LLC, for the Installation and Operation of Private Recreational Amenity Improvements to Satisfy a Portion of Developer’s Parkland Obligations for the 328-unit Apartment Project Located at 3517 Ryder Street, such Improvements to be Funded at Developer’s Sole Cost

COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets
Enhance Community Engagement and Transparency
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In July 2014, the City Council adopted Ordinance No. 1937, adding Chapter 17.35 “Park and Recreational Land” to the Santa Clara City Code (SCCC). The purpose of SCCC 17.35 is to help mitigate the impacts of new housing development growth on existing parkland and recreational facilities pursuant to the provisions of the State of California Quimby Act (Quimby) and/or the California Mitigation Fee Act (MFA). New residential developments are required to dedicate developed park and recreational land and/or pay a fee in lieu of parkland dedication.

On November 29, 2016, the City Council adopted the Lawrence Station Area Specific Plan, which provides guidelines for projects proposed within the specific plan boundaries.

On August 20, 2020, an Architectural Review Permit application proposing the construction of a fourstory, multi-family residential development with up to 328 units (Project) was approved at the Development Review Hearing.

The Project will meet its parkland dedication requirements of 2.0467 acres as follows:

1. Installation of 0.7528 acres of private recreational amenity improvements, which provides a credit of 50% against the parkland dedication requirement; and

2. Payment of $8,550,563 in Mitigation Fee Act in-lieu fees.

This item requests Council consideration and approval of the Private Recreational Amenity Agreement (Attachment 1) necessary to implement the Project’s overall park and recreational land requirements.

DISCUSSION
In conformance with City Code, the City and Westlake Ryder Square, LLC (Developer) negotiated the terms and conditions for the construction and completion of the private recreational amenity City of Santa Clara Page 1 of 3 Printed on 9/19/2025
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25-791 Agenda Date: 9/23/2025
improvements of the Private Recreational Amenity Agreement (Agreement). Key provisions of the Agreement include:

1. The Developer will construct and install the private recreational amenity improvements onsite for which credit will be provided in the amount of $1,502,965.

2. The Developer is not eligible for credit for any private recreational improvements that are not completed prior to occupancy and will be required to pay any additional equivalent park-in-lieu fees for such improvements.

3. The Developer shall maintain, repair, and replace the private recreational amenity improvements to preserve them from failure or deterioration (please note that the specific language for this requirement will be included in the final version of the Agreement).

4. The Developer shall submit payment in the amount of $8,550,563 for Mitigation Fee Act in-lieu fees in accordance with City Code Chapter 17.35.

5. The Developer agrees to restrict the use of private recreational improvements for active recreational uses for the benefit of future owners/renters.

6. The Agreement includes covenants running with the land and shall be binding upon Developer and Developer’s successors and assigns during the term of their respective ownership of the private recreational improvements.

7. Developer shall furnish a performance security to ensure completion of the private recreational improvements for which Developer will be receiving credit.

ENVIRONMENTAL REVIEW
Environmental Review for this Project was included in the Environmental Impact Report (EIR) prepared for the Lawrence Station Area Plan approved on November 29, 2016 in accordance with the California Environmental Quality Act (CEQA). Accordingly, no further environmental review is required.

FISCAL IMPACT
There is no fiscal impact to the General Fund. In conformance with the terms of the proposed Private Recreational Amenity Agreement, the Developer will be responsible for the installation and operation of the private recreational amenity improvements at its sole expense for the life of the project.

COORDINATION
This report has been coordinated with the City Attorney’s Office, Community Development Department, Finance Department, and 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 City of Santa Clara Page 2 of 3 Printed on 9/19/2025
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25-791 Agenda Date: 9/23/2025
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
Authorize the City Manager to negotiate and execute the Park Improvement Agreement and the Park Maintenance Agreement with Westlake Ryder Square, LLC for the installation of Private Recreational Amenity Improvements at the Developer’s Sole Cost on substantially the terms and in the forms presented, with such minor, non-substantive changes and amendments that may be necessary to implement the parkland dedication requirements for this project, in final forms approved by the City Attorney.

Prepared by: Gina Saporito, Staff Analyst
Reviewed by: Damon Sparacino, Director, Parks & Recreation Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Private Recreational Amenity Agreement with Westlake Ryder Square, LLC City of Santa Clara Page 3 of 3 Printed on 9/19/2025
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RECORD WITHOUT FEE
PURSUANT TO GOVERNMENT CODE § 6103
RECORDING REQUESTED BY:

Office of the City Attorney
City of Santa Clara, California
WHEN RECORDED, MAIL TO:

City of Santa Clara
City Clerk’s Office
1500 Warburton Avenue
Santa Clara, California 95050
Form per Gov’t Code Section 27361.6 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY The undersigned declares that this document is recorded at the request of and for the benefit of the City of Santa Clara and therefore is exempt from the payment of the recording fee pursuant to Government Code §6103 and 27383 and from the payment of the Documentary Transfer Tax pursuant to Revenue and Taxation Code §11922.

EBIX Insurance No. S200005608

PRIVATE RECREATIONAL AMENITY AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA,
a chartered California municipal corporation,
AND

WESTLAKE RYDER SQUARE, LLC,
a Delaware limited liability company

AND COVENANTS AND RESTRICTIONS FOR

PRIVATE RECREATIONAL AMENITIES

PREAMBLE
This PARKLAND AGREEMENT (“Agreement”) is entered into between the CITY OF SANTA CLARA, a chartered California municipal corporation (“City”) and Westlake Ryder Square, LLC, a Delaware limited liability company (“Developer”). City and Developer may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
City and Developer enter into this Agreement on the basis of the following facts, understandings and intentions, and the following recitals are a substantive part of this Agreement.

A. Developer intends to redevelop a 3.8 acre site within the Lawrence Station Area Plan and construct a 328 unit apartment project (“Development”), subject to conditions, on certain real property located at 3517 Ryder Street (APN 216-34-052), in the City of Santa Clara, County of Santa Clara, State of California.

B. Under the provisions of Santa Clara City Code ("SCCC'') Chapter 17.35 (“Park and Recreational Land Dedication Ordinance”), every person who constructs or causes to be constructed a dwelling unit or dwelling units or who subdivides residential property shall dedicate land for neighborhood and community parks, pay a fee in lieu thereof, or provide a combination of such dedication and fee, at the discretion of the City (“Parkland Dedication Requirement”). A developer that provides private active recreational amenity space may request to receive credit against the amount of parkland dedication or the amount of the parkland in-lieu fee (“Parkland Fees”).

C. Developer is the fee title owner of that certain real property located in the City and more particularly described in Exhibit A attached hereto (the "Development Project Site").

D. The City’s Architectural Review Committee approved the Development on August 20, 2020. As part of those approvals, City accepted a fee in lieu of parkland dedication totaling Ten Million, Fifty-Three Thousand, Five Hundred Twenty-Eight Dollars ($10,053,528) as the Development’s Parkland Dedication Requirement.

E. In order for Developer to satisfy Developer’s Parkland Dedication Requirement, Developer and City desire to enter into this Agreement pursuant to which Developer shall satisfy Development’s Parkland Dedication Requirement as follows:
i. Install private recreational amenity improvements as described in Exhibit B (“Private Improvements”) within the Development in conjunction with the construction of the Development in accordance with the requirements of the Conditions of Approval and for which Developer is also eligible to receive credit of One Million, Five Hundred Two Thousand, Nine Hundred Sixty-Five Dollars ($1,502,965) against its Parkland Dedication Requirement as set forth in the Park and Recreational Land Ordinance and this Agreement.
ii. Pay City Mitigation Fee Act (“MFA”) Parkland Fees in the amount of Eight Million, Five Hundred Fifty Thousand, Five Hundred Sixty-Three Dollars ($8,550,563).

City’s Director of Parks & Recreation (“Director”), or designee, is charged with the administration of this Agreement. The Director or their designee is responsible for the review, inspection, approval, and acceptance on behalf of the City of the Private Improvements.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth in this Agreement, the Parties hereby agree as follows:

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

Exhibit A – Development Project Site
Exhibit B – Private Recreational Amenity Improvements Plan Exhibit C – Parkland Requirements, Fees and Credit Summary Exhibit D – Insurance Requirements
This Agreement, including the Exhibits set forth above, contains all the agreements, representations, and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Effective Date and Term. The Effective Date is the date that the City executes the Agreement. The term (“Term”) of this Agreement shall commence on the Effective Date and shall continue for a period of 5 years, unless sooner terminated or extended as hereinafter provided.

Expiration. Following expiration of the Term or any extension, or if sooner terminated, this Agreement shall have no force and effect, subject, however, to post-termination obligations of Developer and City.

3. REPRESENTATIONS AND WARRANTY
Developer represents and warrants to City that the following facts are true and correct:

A. The documents approved by the City Architectural Review Committee on August 20, 2020 remain true and correct in all material respects.

B. Any and all documents provided to City pursuant to the terms of this Agreement, or in connection with the execution of this Agreement, are now in full force and effect and contain no inaccuracies or misstatements of fact. Developer covenants that if any of these documents contain inaccuracies, misstatements or have become obsolete, Developer shall notify City and provide City with the information required to render the documents accurate, complete and current.

C. Developer has the legal ability to enter into this Agreement and Developer's signatories to this Agreement is (are) duly authorized to sign this Agreement on its behalf. In the event the Developer is not the legal owner(s) of the real property identified, the legal owner(s) shall also be required to execute this Agreement and shall be subject to all terms, conditions, and obligations of this Agreement.

4. CREDIT FOR PRIVATE RECREATIONAL IMPROVEMENTS
A. The Development is eligible to receive credit for private recreational improvements pursuant to the Park and Recreational Land Dedication Ordinance. The itemized inventory and description of the private recreational improvements to be included in the Development by Developer that will receive credit pursuant to Chapter 17.35 is set forth in Exhibit C. Developer shall complete the installation of the private recreational improvements described in Exhibit C on or before the issuance of a final certificate of occupancy for the Development. The final certificate of occupancy for the Development shall not be issued, unless and until, all private recreational improvements have been constructed, accepted at City’s discretion, and in full compliance with this Agreement, and all Parkland Fees are paid.

B. With respect to any credit for private recreational improvements which have not been completed pursuant to Section 5A of this Agreement, Developer shall be ineligible for credit and shall be required to pay all applicable Parkland Fees in accordance with the fee rate in effect at the time of this Agreement or the amount of the credit received, whichever is greater, as set forth in the Park and Recreational Land Dedication Ordinance.

C. Developer acknowledges and agrees that use of the private recreational improvements shall be restricted for active recreation uses by a recorded covenant which runs with the land in favor of the future owners/renters of the residential units located within the Development and which expressly cannot be defeated or eliminated without the consent of the City.

D. Developer acknowledges and agrees that Developer shall not receive any credit for eligible private recreational improvements pursuant to Park and Recreational Land Dedication Ordinance except those private recreational improvements that are set forth in Exhibit C and constructed in full compliance with this Agreement.

5. COMPLIANCE WITH THE PARK AND RECREATIONAL LAND

DEDICATION ORDINANCE
A. City acknowledges and agrees that Developer’s performance of this Agreement shall satisfy Developer’s obligations under the City’s Park and Recreational Land Dedication Ordinance for the residential units identified in the City Architectural Review Committee Hearing approval on August 20, 2020 for the Development.

Provided that Developer is not in material default hereunder, and provided further that Developer satisfies all other terms, conditions, and requirements associated with the Development and this Agreement, City shall issue all building permits necessary for the residential units identified in the City Architectural Review Committee Hearing on August 20, 2020.

B. The Parties acknowledge and agree that the calculation of the Developer’s Parkland Dedication Requirement is accurately set forth in Exhibit C, including the parkland dedicated, the calculation of the Parkland Fees, the credits for the Private Recreational Improvements (“Credits), and any other fees, charges, or reimbursements. Developer shall pay to City the Parkland Fees specified in accordance with the payment instructions set forth in Exhibit C.

C. In the event there is an increase in the number of residential units to be built, a change in the dwelling unit type, or any change to the private amenity area calculations, Developer agrees to immediately notify the Director and to provide additional parkland and/or pay such additional Parkland Fees as required by the Park and Recreational Land Ordinance. Where Developer makes such a notification to the Director, and additional Parkland Fees are owed, the fee in effect at the time of the notification shall apply to the additional residential units, the units affected by change in unit type, and/or the reduction/elimination of recreational amenity space that received credit against the project’s parkland dedication requirement. i. For example: Developer submitted an application to City to amend its project.

In the event there is a change in the number of residential units to be built, a change in dwelling unit type, and/or the reduction/elimination of recreational amenity space that received credit against the project’s parkland dedication requirement, City will prepare an amendment to this Agreement to change the amount of parkland that must be dedicated, or the Parkland Fees to be paid to City in accordance with the number and type of residential units identified on the new or amended project application or request for this Development.

D. In accordance with Section 4C of this Agreement and SCCC 17.35.070, the Private Improvements shall be devoted to active recreational uses. Further, this Agreement shall satisfy the recordation requirements of SCCC 17.35.070 and shall submit to the City Attorney proof of compliance as required.

6. REVIEW FOR FEES AND CHARGES RELATED TO PRIVATE

IMPROVEMENTS
A. Developer shall pay to City a fee for review and approval of the Project Specifications for the Private Improvements and the inspection of the Private Improvements (collectively, “Review Fee”). All Developer required fees and charges contemplated under this Agreement, including the fees described in this Section 6, are reflected in Exhibit C. City's Review Fee shall be based on:
i. The 2% Administrative Fee portion of the applicable in lieu fee schedule in effect when the project was deemed complete by the City Planning Department.
ii. Developer shall pay all applicable Parkland Fees to the City prior to issuance of a building permit for each dwelling unit.

7. BONDS AND SECURITY
Developer shall furnish to City the following security prior to the issuance of a Notice to Proceed and commencement of any work under this Agreement and for the purposes, in the amounts, and under the conditions that follow:

A. Type and Amounts.
i. Performance Security. To assure the Developer’s faithful performance of this Agreement to complete Private Improvements for credit toward the total Parkland Fees owed to City, Developer shall furnish a performance security in an amount of One Hundred Percent (100%) of the estimated credit of the Private Improvements of One Million, Five Hundred Two Thousand, Nine Hundred Sixty-Five ($1,502,965) dollars (hereinafter “Performance Security”).

B. Conditions.

i. Developer shall provide the required security on forms approved by City and from sureties authorized by the California Insurance Commissioner to transact the business of insurance.
ii. As a condition of granting any extension for the commencement or completion of the work under this Agreement, Director may require Developer to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any adjustments in Parkland Fees owed based on changes to Development plans. iii. If Developer seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by Developer to Director; and (3) upon its written acceptance by Director, be deemed to be a part of this Agreement. Upon Director’s acceptance of a replacement security, the former security may be released by City.

C. Release of Securities. City shall release the securities required by this Agreement as follows:
i. Performance Security. City shall release the Performance Security within thirty (30) days after recordation of the issuance of the certificate of occupancy.

D. Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss, or damage, regardless of cause, occurring to the work or Private Improvements.

8. DEFAULT
A. Developer shall be in default hereunder upon the occurrence of any one or more of the following events (“Event of Default”):
i. Developer’s failure to timely cure any defect in the Private Improvements. ii. Developer’s insolvency, appointment of receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Developer fails to discharge within thirty (30) days.
iii. Developer assigns this Agreement in violation of Section 9. iv. Developer fails to perform or satisfy any other term, condition, or obligation under this Agreement.

B. If an Event of Default occurs and the Event of Default is not cured by Developer, City shall rescind Developer’s eligibility for credit towards its Parkland Fee requirement. City shall have the right, at its sole discretion, to draw upon or use the appropriate security to mitigate City’s damages in the Event of Default by Developer.

Developer acknowledges and agrees that City’s right to draw upon or use the security is in addition to any other remedies available by law or in equity to City. The Parties acknowledge and agree that the estimated costs and security amounts may not reflect the actual cost of construction of the Private Improvements, and therefore, City’s damages in the Event of Default by Developer shall be measured by the actual cost of completing the required Private Improvements to the satisfaction of City.

C. Unless the Director determines that the circumstances warrant immediate enforcement of the provisions of this Section 8 in order to preserve the public health, safety, and welfare, the Director shall give forty-five (45) working days' prior written notice of termination to Developer (“Notice Period”), which notice shall state in reasonable detail the nature of Developer's default and the manner in which Developer can cure the default. During the Notice Period, Developer shall have the right to cure any such default; provided, however, if a default is of a nature which cannot reasonably be cured within the Notice Period, Developer shall be deemed to have timely cured such default for purposes of this Section 8 if Developer commences to cure the default within the Notice Period and prosecutes the same to completion within a reasonable time thereafter.

D. City's rights and remedies specified in this Section 8 shall be deemed cumulative and in addition to any rights or remedies City may have at law or in equity.

9. ASSIGNMENT AND SUBCONTRACTING
City and Developer 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. Any attempts to assign or transfer any terms, conditions, or obligation under this Agreement without the express written consent of City shall be voidable at City’s sole discretion. Subject to this Section, this Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors, assignees, transferees, and legal representatives.

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

11. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Developer agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the performance by Developer pursuant to this Agreement – including claims of any kind by Developer’s employees or persons contracting with Developer to perform any portion of the work under this Agreement and shall expressly include passive or active negligence by City connected with the services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Developer’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of contractor, against City (either alone, or jointly with Developer), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Developer 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, Developer warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Developer’s responsibilities under the Act.

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

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

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

City of Santa Clara
Attention: Parks & Recreation Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Developer addressed as follows:

Westlake Ryder Square, LLC, a Delaware limited partnership, c/o Westlake Urban, Inc.
520 S. El Camino Real, Bsmt A, San Mateo, CA 94402
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given. An email transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

15. TIME OF ESSENCE
Time is of the essence in the performance of this Agreement.

16. FORCE MAJEURE
A. “Force Majeure Event” shall be defined as any matter or condition beyond the reasonable control of a Party, including war, public emergency or calamity, fire, earthquake, extraordinary inclement weather, Acts of God, strikes, labor disturbances or actions, civil disturbances or riots, litigation brought by third parties against either the City or Developer or both, or any governmental order or law which causes an interruption in the construction of the Private Improvements (the “Work” for purposes of this section) or prevents timely delivery of materials or supplies.

B. Should a Force Majeure Event prevent performance of this Agreement, in whole or in part, the Party affected by the Force Majeure Event shall be excused or performance under this Agreement shall be suspended to the extent commensurate with the Force Majeure Event; provided that the Party availing itself of this Section shall notify the other Party within ten (10) days of the affected Party’s knowledge of the commencement of the Force Majeure Event; and provided further that the time of suspension or excuse shall not extend beyond that reasonably necessitated by the Force Majeure Event.

C. Notwithstanding the foregoing, the following shall not excuse or suspend performance under this Agreement:
i. Performance under Performance under this Agreement shall not be suspended or excused for a Force Majeure Event pertaining to the Work if such event is not defined as a Force Majeure Event under the applicable contract for the Work.
ii. Negligence or failure of a Developer to perform its obligations under a contract for the Work (other than for a Force Majeure Event as defined under the applicable contract) shall not constitute a Force Majeure Event. iii. The inability of Developer for any reason to have access to funds necessary to carry out its obligations under this Agreement or the termination of any contract for the prosecution of the Work for such reason or for Developer's default under such contract shall not constitute a Force Majeure Event.

17. BOOKS AND RECORDS
A. Developer shall be solely responsible to implement internal controls and record keeping procedures in order to comply with this Agreement and all applicable laws.

Developer shall maintain any and all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the activities performed by Developer under this Agreement, including without limitation those relating to the construction of the Private Improvements, for a minimum period of three (3) years, or for any longer period required by law, from the date of termination of this Agreement or the date of the City’s acceptance of the Private Improvements, whichever is longer. Notwithstanding this previous sentence, Developer shall retain such records beyond three (3) years so long as any litigation, audit, dispute, or claim is pending.

B. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Developer's address indicated for receipt of notices in this Agreement.

C. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Developer’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Developer, Developer’s representatives, or Developer's successor-ininterest.

18. MISCELLANEOUS PROVISIONS
A. Captions. Captions and Sections of this Agreement are for convenience only and shall not be considered in resolving any questions of interpretation or construction.

B. Incorporation of Recitals. The Recitals contained in this Agreement are hereby incorporated into the terms of this Agreement.

C. Plurality. As used in this Agreement and when required by the context, each number (singular and plural) shall include all numbers.

D. Nondiscrimination. Developer, its employees, agents, representatives, contractors, and subcontractors shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, national origin, or any other recognized or protected class in connection with or related to the performance of this Agreement. Developer shall expressly require compliance with the provisions of this Section 20(D) in all agreements with contractors and subcontractors for the performance of the improvements hereunder.

E. Developer has read each and every part of this Agreement, including without limitation, its exhibits, and Developer freely and voluntarily has entered into this Agreement. This Agreement is a negotiated document and shall not be interpreted for or against any party by reason of the fact that such Party may have drafted this Agreement or any of its provisions.

F. Whenever in this Agreement words of obligation or duty are used, such words shall have the force and effect of covenants. Any obligation imposed by either Party shall include the imposition on such Party of the obligation to pay all costs and expenses necessary to perform such obligation.

G. This Agreement is entered into pursuant to and shall be governed by the Park and Recreational Land Dedication Ordinance. If not otherwise defined in this Agreement, capitalized terms shall have the meanings set forth in Chapter SCCC 17.35.

H. Amendment. City Manager, or designee, is authorized on behalf of City to execute any amendments pursuant to Section 3C of this Agreement.

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

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

K. No Use of City Name or Emblem. Developer 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.

L. Governing Law and Venue. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, Santa Clara, California.

M. 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.

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

20. AUTHORITY TO EXECUTE
The person or persons executing this Agreement on behalf of Developer warrant and represent that they have the authority to execute this Agreement on behalf of Developer, and further represent that they have the authority to bind Developer to the performance of its obligations in this Agreement.

21. COUNTERPARTS
This Agreement may be executed in multiple originals, each of which is deemed an original, and may be signed in Counterparts.

SIGNATURES FOLLOW ON PAGE 14
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

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

WESTLAKE RYDER SQUARE, LLC,

A DELAWARE LIMITED LIABILITY COMPANY
(SEE BELOW FOR SIGNATURE BLOCKS)
“DEVELOPER”
* All signatures must be accompanied by an attached notary acknowledgement. * Proof of authorization for signatures is required to be submitted concurrently with this Agreement.

DEVELOPER:

WESTLAKE RYDER SQUARE, LLC, a Delaware
limited liability company
By: The N01ihwestern Mutual Life Insurance
Company, a Wisconsin Corporation, a member
By: N01ihwestern Mutual Investment
Management Company, LLC, a
Delaware limited liability company, its
wholly-owned affiliate
B~az ,,,_=> -.e: --,
Name: ~,,A,J """Toe,c :z,.y ~
Title: 7:>,n..~ 'QR -..
[Signature of Developer continued on following page]

Page 15 of 32 ends

City Council and Authorities ConcurrentSeptember 23, 2025

City Council and Authorities Concurrent
September 23, 2025