03/09/2026Parks & Recreation Commission Meeting Minutes
PUBLIC PRESENTATIONS
GENERAL BUSINESS
2. 26-93 Approval of a Grant from the Wade Brummal Youth Sports Scholarship Program in the Amount of $3,550 to Reimburse Santa Clara Police Activities League for Eligible Scholarships from the 2025 Softball Season Recommendation: Approve a Grant in the Amount of $3,550 from the Wade Brummal Youth Sports Scholarship Program in the Public Donations Fund to Reimburse the Santa Clara Police Activities League for Eligible Expenses Related to the 2025 Softball Season.
Commissioner DeMarco made a motion, seconded by
Commissioner Gupta to approve a grant from the Wade Brummal Youth Sports Scholarship Program in the amount of $3,550 to reimburse Santa Clara Police activities league for eligible scholarships from the 2025 softball season. The motion is carried by the following vote:
Aye: Commissioner Caldwell, Chair Chu, Commissioner DeMarco, Commissioner Forte, Vice Chair Gupta, and Commissioner Souza 6 -
3. 26-130 Approval of a Grant from the Wade Brummal Youth Sports Scholarship Program in the Amount of $42,045 to Reimburse Santa Clara Youth Soccer League for Eligible Scholarships from the 2025 Soccer Season Recommendation: Approve a Grant in the Amount of $42,045 from the Wade Brummal Youth Sports Scholarship Program in the Public Donations Fund to Reimburse the Santa Clara Youth Soccer League for 59 Eligible Scholarships Related to the 2025 Soccer Season.
Commissioner Souza noted that the grant amount of $42,045 was erroneously stated to be $42,405 in RTC 26-130
Commissioner DeMarco made a motion, seconded by
Commissioner Caldwell to approve a grant from the Wade Brummal Youth Sports Scholarship Program in the amount of $42,045 to reimburse Santa Clara Youth Soccer League for eligible
scholarships from the 2025 soccer season. The motion was carried by the following vote:
Aye: Commissioner Caldwell, Chair Chu, Commissioner DeMarco, and Commissioner Souza
4 -
Abstained: Commissioner Forte, and Vice Chair Gupta2 -
03/09/2026Parks & Recreation Commission Meeting Minutes
4. 26-216 Review and Recommendation of the Parks and Recreation Master Plan to the City Council for Adoption
Recommendation: It is recommended that the Parks & Recreation Commission review the Parks & Recreation Master Plan and the accompanying presentation, provide comments on the Plan, and adopt a resolution recommending that the City Council approve the Plan.
Commissioner DeMarco made a motion, seconded by Vice Chair Gupta to recommend to CIty Council to adopt the Parks & Recreation Master Plan. The motion was carried by the following vote:
Aye: Commissioner Caldwell, Chair Chu, Commissioner DeMarco, Commissioner Forte, Vice Chair Gupta, and Commissioner Souza 6 -
5. 26-267 Discuss the Progress Made on the FY 2025/26 Parks & Recreation Commission’s Work Plan Goals and Activities
Recommendation: Discuss and update Parks & Recreation Commission Work Plan Goals and Activities for FY 2025/26.
Vice Chair Gupta made a motion, seconded by Commissioner DeMarco, to continue the work plan discussion until the next regular meeting. The motion is carried by the following vote:
Aye: Commissioner Caldwell, Chair Chu, Commissioner DeMarco, Commissioner Forte, Vice Chair Gupta, and Commissioner Souza 6 -
STAFF REPORT
Director Sparacino
Director Sparacino informed the Commissioners that a Parks Visitation survey has been created to track Commissioner park visits.
Recreation Manager Castro
Recreation Manager Castro provided updates that a Senior Needs Assessment is available for residents to complete through May 31. She also said the 4th of July Celebration will be held at Mission College this year per City Council. Recreation Manager Castro also provided updates on the Art & Wine Festival and Central Park access project.
03/09/2026Parks & Recreation Commission Meeting Minutes
COMMISSIONERS REPORT
Commissioner Caldwell
Commissioner Caldwell visited multiple parks. The Commissioner noticed a tree issue at Maywood Park. He was pleased with the quick resolution after reporting the issue via the MySantaClara app.
Chair Chu
Chair Chu will visit more parks in the future.
Commissioner DeMarco
Commissioner DeMarco attended several classes with his child (including a dance class in Central Park). He also visited Bowers and Warburton Park.
Commissioner Forte
Commissioner Forte attended the Flag Raising Celebration and Celebrate Santa Clara at Levi Stadium. He was pleased to have the opportunity to speak with Steve Young.
Vice Chair Gupta
Vice Chair Gupta attended the Flag Raising ceremony and Celebrate Santa Clara at Levi Stadium. He was disappointed he did not get to attend the silent disco activity.
Commissioner Souza
Commissioner Souza recently returned from vacation. He asked Director Sparacino for an update on the hiring of a new Park Superintendent.
Director Sparacino said he is working with HR to move this forward.
ADJOURNMENT
Commissioner DeMarco made a motion, seconded by
Commissioner Caldwell to adjourn the Parks & Recreation Commission Meeting at 9:06 PM until the next regular meeting on April 13, at 7:00 PM in the Sparacino Conference Room at City Hall.
Aye: Commissioner Caldwell, Chair Chu, Commissioner DeMarco, Commissioner Forte, Vice Chair Gupta, and Commissioner Souza 6 -
03/09/2026Parks & Recreation Commission Meeting Minutes
MEETING DISCLOSURES
The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker." In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.
Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format. Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-600 Agenda Date: 5/26/2026
REPORT TO COUNCIL
SUBJECT
Action to Authorize the City Manager to Execute an Agreement with Colony Landscape and Maintenance, Inc. for Thatch Removal and Related Services at the Youth Soccer Park and Approve Related Budget Amendments (Deferred from May 19, 2026)
BACKGROUND
The City of Santa Clara (City) owns the Youth Soccer Park (YSP) located at 5020 Stars and Stripes Drive, adjacent to Levi’s Stadium. The facility consists of three fields, as summarized in Table 1 below (see Attachment 1 for the Location Map). The YSP also includes 15 dugouts, a player field building, and a maintenance service building.
Table 1: Youth Soccer Park Field Summary
Field(s) Turf Type Approximate Total Square
Footage
Field #1 and Field #3 Natural 218,000
Field #2 Artificial 104,000
On December 16, 2025 (RTC# 25-1667), the City Council approved a License Agreement (NFL License) between the City and NFL Enterprises, LLC (NFL) for use of the YSP, its facilities, and adjacent parking lots in support of Super Bowl LX operations. Under the terms of the License Agreement, the NFL agreed to facilitate certain field improvement work, as more particularly described in Exhibit B of the NFL License, which includes replacing the natural turf and installing and adjusting new irrigation heads for Fields #1 and #3 to grade (collectively, (“Field Improvement Work”), as well as paying the City for the cost of replacing fifteen existing dugouts at YSP up to the estimated total cost of $64,000.
DISCUSSION
In accordance with the terms of the NFL License, the NFL shall cause Colony Landscape & Maintenance, Inc. (Colony) to complete the Field Improvement Work. As planning for the turf replacement progressed, it was determined that removing the underlying thatch layer prior to installation would help optimize field performance and support achieving the upper end of the expected lifespan. The useful life of natural turf fields is typically 8 to 15 years, depending on the quality of the underlying construction and the level of ongoing maintenance.
While the NFL License requires the NFL to cause the replacement of the natural turf, it does not require them to remove the underlying thatch. Instead, it reserves for the City the right to implement a thatch removal program prior to the NFL’s field replacement project, with the cost of thatch removal City of Santa Clara Printed on 5/22/2026Page 1 of 6
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26-600 Agenda Date: 5/26/2026
as a City responsibility and expense.
Thatch removal is required to eliminate excessive organic buildup that can inhibit drainage, restrict nutrient absorption, and negatively impact turf health. If not addressed, these conditions may reduce the lifespan of the new turf. Fields with excessive thatch accumulation (greater than 0.5 to 1 inch), as observed at YSP, may experience extension of useful life of approximately one to two years with proper thatch removal. Removing the thatch layer will also restore proper soil conditions, promote root development, and improve the overall durability and resilience of the playing surface. This process is necessary to restore the underlying field conditions and prepare the fields for turf replacement work required under the License Agreement. The natural turf fields were last renovated in 2016 after Super Bowl 50 by the NFL. At that time, the City elected not to remove the underlying thatching. Currently, the fields are due for rehabilitation to maintain field performance and long-term usability.
The thatch removal services fall within the definition of “General Services” under Section 2.105.020 (e)(1)(D) of the City Code, relating to the care and treatment of public grounds and lawns. The scope consists of soccer field surface preparation activities associated with turf rehabilitation and does not require engineering plans, specifications, or design services typically associated with capital public works delivery. Nor does the work involve “construction or improvement” as contemplated under Section 1310 of the City of Santa Clara Charter. Accordingly, the services are appropriately procured as a General Service rather than a Public Works project.
Staff is requesting City Council approval to execute an agreement with Colony for thatch removal services for Fields #1 and Field #3 (Proposed Services Agreement) pursuant to Section 2.105.280(b) (4) of the Santa Clara City Code (Single and Sole Source Procurements). This section authorizes an exemption from competitive requirements when the services are considered unique or unusual such that the requirements for competitive procurement are contrary to public interest.
The Purchasing Division Manager has determined that the proposed single source procurement is justified based on the following:
· Colony is the contractor performing the Field Improvement Work under its agreement with the NFL. Engaging Colony to also perform the thatch removal ensures a single contractor is responsible for both phases. The thatch removal process directly affects grading, compaction, and subgrade conditions, which are critical to the performance and longevity of the new turf.
Utilizing a single contractor eliminates coordination gaps and ensures accountability for the final playing surface. Use of multiple contractors would make it difficult to determine responsibility for any deficiencies in grading, compaction, or turf performance. · The City’s quoted cost of services is $2.588 per square foot of field, which equates to $0.4313 per square foot for each one-inch depth of material removed, based on a planned removal depth of six (6) inches at the YSP. Staff’s review of recent thatch removal projects completed in the region within the past two years found an average cost of $0.57 per square foot per one- inch depth of material removed. In contrast, the City has been offered a significantly lower rate of $0.4313 per square foot per one-inch depth for the YSP project. In addition, separately procuring the thatch removal work could increase overall project costs due to duplicative mobilization, site access coordination, project management, scheduling oversight, and City of Santa Clara Printed on 5/22/2026Page 2 of 6
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26-600 Agenda Date: 5/26/2026
potential rework arising from differing contractor methods or sequencing conflicts. · Utilizing a single contractor for the Field Improvement Work and thatch removal services reduces the risk of disputes regarding responsibility of field conditions, warranties, or damages to completed improvements, which could otherwise result in change orders, administrative inefficiencies, and extended construction duration.
Based on the above, conducting a separate competitive procurement for thatch removal and awarding the work to a different contractor would introduce unnecessary risk and potential delays affecting the quality and timely completion of the Field Improvement Work. A separate solicitation for thatch removal work could also reasonably be expected to increase overall project costs.
Accordingly, staff finds that separately bidding the thatch removal work would not be in the best interest of the public or the City.
Under the Proposed Service Agreement, a copy of which is included as Attachment #2, Colony will perform thatch removal for Fields #1 and #3, including removal of accumulated thatch and organic material, restoration of the underlying sand root zone, and preparation of the fields for natural turf replacement. The work will be performed in conjunction with the Field Improvement Work under the NFL License.
The cost of the thatch removal services for both fields is a not-to-exceed amount of $564,184. A 15% contingency is recommended to address any unforeseen field conditions that may increase the scope of services. Use of contingency funding is subject to review and approval by the City according to the change order process outlined in the contract and will require an amendment to the Service Agreement. The maximum allowable cost of services, inclusive of the 15% contingency funding, is $648,812. Table 2 below provides a breakdown of costs per field.
Table 2: Thatch Removal Cost Breakdown
Description Total
Field #1 (approximately 114,000 sq ft; $2.588/sq ft) $295,032 Field #3 (approximately 104,000 sq ft; $2.588/sq ft) $269,152 Subtotal $564,184
Contingency (15%) $84,628
Maximum Compensation $648,812
Payment for the Services under this Service Agreement shall be made on a milestone basis as further described below and subject to review, inspection, and written approval by the City.
Milestone Amount Due
Completion and acceptance of Services for Field #1 40% of Total Contract Amount Completion and acceptance of Services for Field #3 40% of Total Contract Amount Final acceptance and project close-out, including
completion of Field Improvement Work, all clean-up
and removal of all equipment and materials
20% of Total Contract Amount
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26-600 Agenda Date: 5/26/2026
Milestone Amount Due
Completion and acceptance of Services for Field #1 40% of Total Contract Amount Completion and acceptance of Services for Field #3 40% of Total Contract Amount Final acceptance and project close-out, including
completion of Field Improvement Work, all clean-up
and removal of all equipment and materials
20% of Total Contract Amount
Approval of the recommendations will allow the thatch removal services to be completed in advance of the turf replacement work, which is currently estimated to occur between July 2026 and October 2026. Completing this work beforehand is critical to ensuring that the fields are properly prepared to support the installation of the new turf.
ENVIRONMENTAL REVIEW
This project being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301(d), “Existing Facilities,” as the activity consists of the restoration or rehabilitation of an existing facility involving no substantial expansion of existing use.
The project will maintain and improve the functionality, safety, and usability of the existing recreational facility without expanding the facility footprint or introducing new uses beyond those associated with incremental population growth over time.
FISCAL IMPACT
The Service Agreement with Colony Landscape and Maintenance, Inc. has a base cost of $564,184, plus a 15% contingency of $84,628, for a total not-to-exceed amount of $648,812.
The Youth Soccer Park Improvements project in the Parks and Recreation Capital Fund has a current FY 2025/26 budget of $126,390 and supports future capital infrastructure improvements at the facility.
This budget is funded from prior YSP rental revenues generated from non-youth activities, including, but not limited to, adult nonprofit, non-resident, and commercial/professional users. Staff recommends recognizing $107,913 in YSP rental revenues received from Bay Football Club during the current fiscal year and appropriating these funds to the Youth Soccer Park Improvements project, resulting in an amended project budget of $234,303.
The remaining $414,509 needed to fully fund the $648,812 not-to-exceed amount of the Service Agreement is recommended to be appropriated from the Mitigation Fee Act (MFA) fund balance.
MFA funds are used to support public recreational facilities to accommodate growth attributable to new development. In this case, the thatch removal work is not being funded as standalone maintenance activity, but rather as a necessary preparatory component of a broader soccer field rehabilitation and turf restoration effort intended to preserve and enhance the usable capacity of the YSP.
The City’s 2019 nexus analysis, entitled “Park and Recreation Facilities Development Impact Fee Update Study”, projected that the City’s population will grow by approximately 28,392 residents by 2035, increasing demand for park land, athletic fields and recreational amenities. The thatch removal effort supports this growth by restoring the field’s functionality, safety, and ability to accommodate increased recreational use.
The City is not using MFA funds for ongoing operational activities such as regular mowing, irrigation, or recurring turf care. Instead, the expenditure is limited to discrete rehabilitation-related activity directly tied to restoring the field’s functional utility and service capacity as part of a larger City of Santa Clara Printed on 5/22/2026Page 4 of 6
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26-600 Agenda Date: 5/26/2026
improvement effort. Without these improvements, field deterioration could reduce playable hours, limit programming capacity, and shift demand to other City park facilities serving existing and future residents.
Accordingly, the City may reasonably conclude that the expenditure bears sufficient relationship to the provision and intensification of public recreational facilities needed to serve growth and is therefore consistent with the purposes authorized under the Mitigation Fee Act.
The recommended budget actions are summarized below.
Budget Amendment
FY 2025/26
Current Increase/
(Decrease)
Revised
Parks and Recreation Capital Fund
Transfers from
Transfer from the General Fund Expenditures$1,190,489 $107,913 $1,298,402 Youth Soccer Park Improvements $126,390 $522,422 $648,812 Ending Fund Balance
Fund Balance - Mitigation Fee Act Fees $28,636,751 ($414,509) $28,222,242 General Fund
Revenues Rents and Royalties $16,952,691 $107,913 $17,060,604 Transfers To
Transfer to the Parks and Recreation Capital Fund$1,190,489 $107,913 $1,298,402
COORDINATION
This report has been coordinated with the Finance Department, the City Attorney’s Office, and the City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Authorize the City Manager or designee to execute a Service Agreement with Colony Landscape and Maintenance, Inc. for thatch removal and related services at the Youth Soccer Park, for a maximum compensation amount of $564,184, in substantially the form provided in Attachment 2 and subject to the review and approval as to form by the City Attorney; City of Santa Clara Printed on 5/22/2026Page 5 of 6
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26-600 Agenda Date: 5/26/2026
2. Authorize the City Manager or designee to take any action necessary to implement the Service Agreement and to negotiate and execute future amendment(s) to (i) increase compensation up to a maximum amount of $648,812 for authorized use of contingency funding, (ii) add or delete services associated with the original scope of services, and (iii) and make de minimis changes, provided that the total maximum compensation is not exceeded, subject to the review and approval as to form by the City Attorney; and
3. Approve the following FY 2025/26 Budget Amendments:
a. In the Parks and Recreation Capital fund, increase the transfer from the General Fund by $107,913, increase the Youth Sports Park Improvement project appropriation by $522,422, and decrease the Mitigation Fee Act Fees ending fund balance by $414,509 (five affirmative Council votes required to appropriate additional revenue and for the use of unused balances); and
b. In the General Fund, increase the Rents and Royalties revenue estimate by $107,913 and increase the transfer to the Parks and Recreation Capital Fund by $107,913 (five affirmative Council votes required to appropriate additional revenue).
Reviewed by: Damon Sparacino, Director, Parks & Recreation Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Location Map
2. Agreement for Services with Colony Landscape and Maintenance, Inc.
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EBIX Insurance No. S200001840
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
COLONY LANDSCAPE & MAINTENANCE, INC.
PREAMBLE
This Agreement, effective as of ______ ("Effective Date") is entered into between the City of Santa Clara, California, a chartered California municipal corporation ("City") and Colony Landscape & Maintenance, Inc., a California corporation ("Contractor"). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. WHEREAS, pursuant to that certain "License Agreement For Use of Youth Soccer Park", dated January 6, 2026 (the "License Agreement"), the City granted NFL Enterprises, LLC ("NFL") an exclusive license to use designated areas of the Santa Clara Youth Soccer Park, located at 5020 Stars and Stripes Drive, Santa Clara, California 95054 ("YSP") in connection with Super Bowl LX events; and
B. WHEREAS, in consideration for NFL's use of YSP, NFL agreed to have certain field improvement work, as more particularly described in Exhibit B to the License Agreement, ("Field Improvement Work"), performed at YSP and retained Contractor to complete the Field Improvement Work;
C. WHEREAS, the Field Improvement Work includes the replacement of the natural turf for Field 1 and Field 3 at YSP, and does not include dethatching prior to installation;
D. WHEREAS, the process of dethatching is beneficial to a field prior to replacing natural turf to allow water, air and nutrients to reach the soil promoting healthier root growth; and
E. WHEREAS, the City desires to retain Contractor under this Agreement to perform thatch removal services on Field 1 and Field 3 at YSP, as more fully described in this Agreement, at Exhibit A, entitled "Scope of Services" ("Services") in order to support continuity of operations and the overall quality of the Field Improvement Work; AND
F. WHEREAS, 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,
Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
G. WHEREAS, the Parties have specified herein the terms and conditions under which such Services shall be provided and paid for.
NOW, THEREFORE, in consideration of the above Recitals and the mutual covenants contained therein, 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 A-1 - Field Images
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Labor Compliance Addendum
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 as of the Effective Date and terminate on December 31, 2026.
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 in the performance of Services.
Contractor shall be entitled to reasonable extensions of time for delays caused by the City, unusually severe weather. As a condition of any such extension, Contractor shall provide written notice within five (5) calendar days of the onset of the delay, including a description of the cause of the delay and the anticipated impact on the schedule, including an updated timeline for completion.
Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
Any request for a time extension shall be subject to review and approval by the City, in its reasonable discretion. Contractor shall not be entitled to additional compensation as a result of such delays.
4. WARRANTY
Contractor expressly warrants that the Services shall be performed in accordance with generally accepted industry standards applicable in the State of California. 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. If Contractor becomes aware of any existing deficiencies or conditions that may adversely affect the performance of Services, Contractor shall promptly notify the City in writing prior to proceeding with the Services. Contractor further warrants that its Services will not damage existing utilities, site soils, or other existing site conditions.
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 Exhibit B, entitled "SCHEDULE OF FEES." The maximum compensation of this Agreement is five hundred sixty-four thousand, one hundred eighty-four dollars ($564,184), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services.
All work performed or materials provided in excess of the maximum compensation shall be at Contractor's expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
7. TERMINATION
A.
B.
C.
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.
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.
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 shall 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.
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, Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
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, 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 Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
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 shall fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
D. The Parties expressly agree that this Section 14 (HOLD HARMLESS/INDEMNIFICATION) shall survive the expiration or early termination of the Agreement.
15. LIMITATION OF LIABILITY
Contractor liability is capped at total contract value, except that this Section 15 (LIMITATION OF LIABILITY) does not exclude or limit liability for Contractor's indemnification obligations under Section 14 (HOLD
HARMLESS/INDEMNIFICATION) with respect to any claim, injury, liability, loss, cost and/or expense or damage, including all costs and attorney's fees in providing a defense for (i) any events which losses for which insurance coverage is available; (ii)death or bodily injury; (iii) damage to tangible property, including, but not limited to, environmental remediation; (iv) harm to City property; (v) Contractor's or subcontractors' gross negligence or willful misconduct; or (vi) third party claims from the Contractor's or subcontractors' employees.
16. 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.
Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
17. 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.
18. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Parks and Recreation Department
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected]
And to Contractor addressed as follows:
Colony Landscape & Maintenance, Inc.
4911 Spreckles Avenue
Alviso, CA 95002
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
19. 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 3.40.070), 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).
20. 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 Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
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 shall advise City if a conflict arises.
21. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
22. 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.
23. 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.
24. 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.
25. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
26. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
Agreement with Colony Landscape & Maintenance, Inc.
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.
Approved as to Form:
GLEN R. GOOGINS
City Attorney
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:
"CITY"
--------------
JOVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-221 O
Fax: (408) 241-6771
COLONY LANDSCAPE & MAINTENANCE, INC
a California corporation
Dated: 5"" /-7 /-cX>--;)--lo
.- c_~
By (Signature): ~-~i -.,-,-
Name: Edward Ott
Title: President
Principal Place of 4911 Spreckles Avenue
Business Address: Alviso, CA 95002 -----'------------------ Em a i I Address: [email protected]
Telephone: "'1'.o8 io8-Z-,7 oo
Fax: -------------------"CONTRACTOR"
Agreement with Colony Landscape & Maintenance, Inc.
Rev. 07-01-18
EXHIBIT A
SCOPE OF SERVICES
Prior to performing the Field Improvement Work which Contractor is performing on Field 1 and Field 3 under its agreement between Contractor and NFL, Contractor shall provide professional thatch removal services ("Services") for the specified fields at the Santa Clara Youth Soccer Park for the City.
1. OBJECTIVE
The objective of the Services is to improve the quality, performance, and longevity of the replacement turf system. The Services are intended to improve surface and subsurface drainage, reduce soil compaction, restore proper grading, and promote health root growth and turf regeneration through the removal of accumulated organic matter ("thatch") located between the grass layer and the fibrous sand root zone.
Performance the Services shall result in a field that drains substantially faster, is graded more precisely, and is easier to maintain while providing long-term quality.
2. FIELDS & ACCESS
Contractor shall provide Services at the Santa Clara Youth Soccer Park, located at 5020 Stars and Stripes Drive, Santa Clara, CA 95054. The specific fields for which Contractor shall provide Services are listed below:
2.1. West Field, including area outside of concrete pad, hereinafter referred to as "Field 1".
2.2. East Field, hereinafter referred to as "Field 3".
2.3. Images identifying each field and the areas for which Services shall be provided are included in Exhibit A-1, entitled "Field Images".
2.4. The City shall provide the Contractor access to Field 1 and Field 3 between the hours of 7:00 a.m. and 3:00 p.m. PST, Monday through Friday ("Work Hours").
Access to Field 1 shall be via Marie DeBartolo Way, and access to Field 3 shall be through the maintenance yard.
2.5. The Contractor shall ensure that Field 1 and Field 3 are closed to public use for the duration of Services. Contractor shall ensure that Field 2 is closed to public use only during the Work Hours stated above. Contractor shall also protect Field 2 from any damage that may arise during the performance of Services and shall install temporary fencing to shield Field 2 from debris and dust.
2.6. The Contractor shall cease work by 3:00 p.m. PST each day and shall store all equipment and supplies in a manner that does not interfere with access to, or use of Field 2 at YSP, which is not subject to Services under this Agreement.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit B-Fee Schedule Rev. 07-01-18
2.7. Contractor shall begin Services upon City's issuance to Contractor of a notice to proceed with Services ("Notice to Proceed"). Contractor will ensure Services are completed within 16-20 business days of issuance of the Notice to Proceed.
3. PROJECT COORDINATION
3.1. Services shall be provided in coordination with the Field Improvement Work authorized in the agreement between NFL and Contractor.
3.2. Contractor shall sequence its Services under this Agreement and ensure that these Services do not interfere with the timeline required by NFL for completion of the Field Improvement Work in accordance with NFL's project schedule.
3.3. Services shall be performed on the dates and times mutually agreed upon between Contractor and the City's Parks and Recreation Department ("P&R") and authorized in writing by P&R.
3.4. Contractor shall coordinate staging areas, equipment access routes, and material removal operations with P&R and other contractors working on the project to minimize disruption to YSP operations.
3.5. Contractor shall receive written authorization from the Director of Parks and Recreation or designee prior to proceeding with any work. Any changes to the scope of services shall also require prior written authorization from the Director of Parks and Recreation or designee.
4. THATCH REMOVAL SERVICES
Contractor shall perform thatch removal services including, but not limited to, the following:
4.1. Provide all labor, supervision, materials, equipment, and transportation necessary to complete the Services.
4.2. Mechanically remove accumulated organic matter, and thatch build-up to expose the underlying fibrous sand root zone.
4.3. Remove organic matter to a depth necessary to restore the fibrous sand root zone profile and achieve the target field depth of 6 inches.
4.4. Utilize specialized turf removal and surface preparation equipment appropriate for athletic field renovation, such as field planers, turf harvesters, or equivalent equipment designed to minimize disturbance to the underlying root zone.
4.5. Maintain field surface tolerances during removal operations to avoid creating depressions, high spots, or damage to the sand base.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit B-Fee Schedule Rev. 07-01-18
4.6. Remove debris, vegetation, and excess organic material generated during removal operations on an ongoing basis to maintain a clean and safe worksite.
4.7. Properly load, transport, and dispose of all removed grass, thatch, and organic materials off-site and in accordance with all applicable federal, state, and local laws, regulations, and disposal requirements.
4.8. Take reasonable precautions to prevent contamination, erosion, or migration of materials to surrounding YSP areas, walkways, drainage systems, or stormwater infrastructure.
4.9. Perform final surface grooming to ensure the exposed sand root zone is unfirm and properly prepared for subsequent Field Improvement Work.
4.10.Properly prepare all surfaces for new natural turf and irrigation system.
4.11.Provide all final photos and work sequencing to the City.
4.12.Coordinate with City staff for final punch list and approval site meeting
5. STORMWATER POLLUTION PREVENTION PLAN
5.1. Contractor shall implement and maintain temporary erosion and sediment control (Water Pollution Control Plan) for the project as detailed in the most recent version of the Erosion Control and Sediment Control Field Manual for California, and the latest edition of the California Stormwater Quality Association (CASQA) BMP Handbook, Construction, for the entire duration of the project. A Water Pollution Control Plan shall be submitted by the Contractor to the Engineer for approval prior to proceeding with any work on this project.
5.2. Best Management Practice (BMP) products shall be as specified in the latest edition of the CASQA BMP Handbook, Construction.
5.3. Erosion and sediment control work shall consist of applying BMP's to control the discharge of storm water pollutants from the project site. BM P's shall be used to cover all temporary erosion and sediment control situations that arise during construction including unanticipated field conditions year-round. These erosion and sediment control measures shall control and contain erosion caused silt deposits and provide for the safe discharge of silt-free storm water into existing and proposed storm facilities.
5.4. The Water Pollution Control Plan shall be designed to ensure the project site is protected for the entire duration of the project.
5.5. Contractor shall implement and maintain all Water Pollution Control Plan work for the project that shall include:
Agreement with Colony Landscape & Maintenance, lnc./Exhibit 8-Fee Schedule Rev. 07-01-18
5.5.1. Construction of any and all necessary systems to eliminate contaminants from entering the storm system.
5.5.2. Clean up and control of the work site materials, spoils and debris.
5.5.3. Removal of contaminants produced by equipment used for the construction of the project.
5.5.4. Prohibition of illicit discharge (non-rain water) into the storm system.
5.5.5. Provision of all labor, materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the work specified.]
5.5.6. Contractor shall be responsible for ensuring that all sub-contractors, and suppliers are aware of all water pollution control measures and that they implement such measures. Failure to comply with the storm water quality regulations and specifications shall result in the issuance of verbal or written corrective notices, citations, fines, and/or a project stop order.
5.5.7. Contractor shall maintain erosion and sediment control measures daily.
Contractor shall submit to the Engineer for approval, the name of the person responsible for the daily maintenance of these facilities, along with a phone number where they can be reached twenty-four (24) hours a day.
5.5.8. Temporary erosion and sediment control work shall consist of applying erosion control materials to embankment slopes, excavation slopes and other areas designated on the Water Pollution Control Plan, and installing sediment control such as, but not limited to, fiber roll, silt fence, inlet protection, gravel bags, headwall protection and stabilized construction entrances and exits, or other measures as specified in the Water Pollution Control Plan.
5.5.9. Erosion and sediment control measures shall be adjusted throughout the construction duration to accommodate the varying construction limits as each phase of work starts and completes. Refer to the Construction Phasing Diagram in the plans for limits of each work phase.
5.5.10. Emergency erosion and sediment control shall consist of any measures not addressed in the approved Water Pollution Control Plan for any of the project phases but the Engineer deems necessary to prevent degradation of water quality after start of construction.
6. TRAFFIC CONTROL
The Contractor is responsible for coordinating all necessary traffic control procedures in conformance with the City's Standard Specifications for Public Works Construction, Agreement with Colony Landscape & Maintenance, lnc./Exhibit 8-Fee Schedule Rev. 07-01-18
Section 01500 (1.16), entitled "Traffic Control", which can be located at https:/ /santacla raca .gov/our-city /departments-g-z/p u bl ic- works/eng i nee ring/technical-documents. Contractor is responsible for contracting the City of Santa Clara Police Department at (408) 615-4700 to request Tow Away service, if required. The City shall not furnish temporary "No Parking" signs.
7. SANITATION FACILITIES
Contractor shall be responsible for providing bathrooms, wash stations, water and power, if needed, for the duration of Services. The City shall not provide access to sanitation facilities.
8. HYDRANT ACCESS
Contractor shall eliminate or reduce the discharge of pollutants from Service-related activities and comply with the requirements of Santa Clara Valley Urban Runoff Pollution Prevention Program's Construction Site Control. Best Management Practice Plan Sheet along with other related documents can be found at https://scvurppp.org/construction-site-control/.
To manage dust relating to the movement of dirt or to clean tires, the Contractor may coordinate with the Water and Sewer Department at (408) 615-2000 to obtain a hydrant meter. Contractor shall be responsible for paying all applicable fees.
9. UTILITIES
Contractor shall be responsible to verify the location of all existing utilities with the appropriate utility agencies prior to commencement of Services and perform Services in a manner that appropriately protects existing utilities. Contractor shall notify all public and private utility owners 48 hours prior to commencement of Services adjacent to the utility, and shall contract Underground Service Alert ("USA") at 811 or 800-227-2600.
10.PRE-EXISTING CONDITIONS VIDEO
Prior to providing any Services, Contractor shall provide a high-quality Pre-Existing Conditions video ("Video") of the extent of the proposed work areas and shall provide a copy to the City for their records. No work shall begin until the City's acceptance of the Video. The purpose of the Video is to provide the City with a visual record of the pre-existing conditions of the work areas.
During Video recording, the recorder shall narrate video explaining what is being shown, the time of day, and the name of the project site being recorded. The video recorder shall take special efforts to point out and provide audio commentary pertaining to damage to existing features.
Video shall show the work areas during clear weather conditions with clear visibility, avoiding harsh shadows, during daylight hours. The Video shall be provided to the City's representative in the form of an unedited digital file, in color, at a minimum Agreement with Colony Landscape & Maintenance, lnc./Exhibit B-Fee Schedule Rev. 07-01-18
resolution of 1920x1080, at a minimum frame rate of 24 fps, provided on a USB Thumb Drive and labeled with the job name and project number.
11.WORK SEQUENCE
The Contractor shall prepare and submit a phasing plan identifying the sequence of Services and traffic control needed to complete the Services. The staging and phasing plan shall be subject to review and approval by the city, prior to the start of services.
12.0UTCOMES & DELIVERABLES
Successful completion of the Services shall result in the following measurable outcomes:
12.1. Complete restoration of the field profile such that the exposed root zone depth for Field 1 and Field 3 is increased from approximately 1.5 inches of exposed sand profile to approximately six inches, subject to existing field conditions.
12.2. Removal of thatch and organic accumulation sufficient to return the finished field grade to the original fibrous sand root zone.
12.3. A uniform, stable, and properly graded playing surface prepared to receive subsequent turf replacement work.
12.4. Improved field performance characteristics, including substantially improved drainage rates, more consistent surface grading, and reduced organic accumulation that contributes to field compaction and maintenance challenges.
12.5. Contractor shall notify P&R upon completion of Services and participate in a joint field inspection with City representative to confirm completion of Services and readiness to complete subsequent Field Improvement Work.
12.6. Any areas not meeting specified outcomes shall be reworked by Contractor at no additional cost to the City prior to final acceptance.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit B-Fee Schedule Rev. 07-01-18
EXHIBIT A-1 FIELD IMAGES
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1. FEES
EXHIBIT B
FEE SCHEDULE
The City shall compensate Contractor for the successful performance of Services according to the rates below.
Item Size Cost Per Sq Ft Total
Field #1 114,000 $2.588 $295,032.00
Field #3 104,000 $2.588 $269,152.00
Total Not-To-Exceed Cost $584,184.00
2. PAYMENT
2.1. Payment for the Services under this Agreement shall be made on a milestone basis as further described below and subject to review, inspection, and written acceptance by the City.
2.2. The City's review, inspection, and acceptance of completed Services shall include the following, as applicable to each payment milestone:
2.2.1. Completion of a site visit with Contractor and City to inspect completed work and test systems.
2.2.2. Contractor's submission and the City's review and approval of all project record documents
2.2.3. Contractor's completion of all punch list work to the satisfaction of the City.
2.2.4. Contractor's completion of all necessary instructional training sessions to City staff.
2.2.5. The City shall not unreasonably withhold acceptance or delay scheduling a site visit for the purpose of inspecting completed work and testing systems. City and Contractor will work in good faith to timely schedule the site visit to inspect completed work and test systems.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit B-Fee Schedule Rev. 07-01-18
2.3. PAYMENT MILESTONES
Milestone Amount Due
Completion and acceptance of Services for Field #1 40% of Total Contract Amount Completion and acceptance of Services for Field #3 40% of Total Contract Amount Final acceptance and project close-out, including
completion of Field Improvement Work, all clean-up and 20% of Total Contract Amount removal of all equipment and materials
2.4. The City shall have no obligation to make payment for the Services until such completion and acceptance has occurred, regardless of the date on which the Services described herein were performed.
2.5. Contractor expressly waives any claim for early payment, interest, penalties, delay damages, or additional compensation arising from the City's withholding of payment pursuant to this provision.
3. CHANGE ORDERS
3.1.Any changes to the scope of Services must be authorized in advance by a written change order approved by the City. Contractor shall submit a detailed written proposal, including scope, schedule impacts, and cost, for the City's review and approval prior to commencing any changed work.
3.2. Compensation for approved change orders shall be based on Contractor's submitted quote and may be subject to negotiation and agreement by the City.
Any increase in total compensation under this Agreement shall require a formal written amendment executed by both parties.
3.3. Delays caused by either the Contractor or the City shall not constitute grounds for a change order or additional compensation. Change orders shall be limited to unforeseen conditions that could not have been reasonably identified during the existing conditions assessment.
4. INVOICING
4.1. Upon completion of each milestone identified in Section 2 above, Contractor shall submit an invoice to the City in a format approved by the City and subject to verification by the City.
4.2. City shall pay Contractor within thirty (30) days of receipt of an approved invoice.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit B-Fee Schedule Rev. 07-01-18
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$3,000,000 Each occurrence
$3,000,000 General Aggregate
$3,000,000 Products/Completed Operations Aggregate
$3,000,000 Personal Injury
$3,000,000 Project Aggregate
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 five million dollars ($2,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. 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. POLLUTION LIABILITY
Contractor and/or its subcontractors shall provide a Contractor's Pollution Liability Insurance policy with coverage limits not less than two million dollars ($1,000,000) each claim in connection with the Work performed under this Contract. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." Any deductible must be declared to and approved by City. Such policy shall cover, at a minimum, liability for bodily injury, damage to and loss of use of property, and clean-up costs arising from sudden, accidental and gradual pollution and remediation in connection with the Work under this Agreement. Contractor shall use its best efforts to have the City, Council, officers, employees and volunteers added as additional insureds under this policy. The following provisions shall apply:
1. The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.
2. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
3. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors.
4. If the insured is using subcontractors the Policy must include work performed "by or on behalf' of the insured.
5. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.
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 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. General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL);
4. 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 Agreement with Colony Landscape & Maintenance, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non renewal.
5. 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 Document 00820.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Requirements of specific insurance coverage features described in this Agreement shall not be construed to be a limitation of liability on the part of Contractor or any of its subcontractors, nor to relieve any of them of any liability or responsibility under the Contract Documents, as a matter of law or otherwise. Such requirements are not intended by any Party to be limited to providing coverage for the vicarious liability of the City or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this Agreement in any way relating to City is intended to apply to the full extent of the policies involved.
2. Contractor shall maintain all required insurance policies in full force and effect during entire period of performance of the Services under this Agreement of Contract Documents. Contractor shall also keep such insurance in force during warranty and guarantee periods. At time of making application for extension of time, Contractor shall submit evidence that insurance policies shall be in effect during requested additional period of time.
3. City reserves the right, at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor thirty (30) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City shall negotiate in good faith additional compensation proportional to the increased benefit to City.
4. Any type of insurance or any increase of limits of liability not described in this Exhibit which Contractor requires for its own protection or in Agreement with Colony Landscape & Maintenance, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
compliance with applicable statutes or regulations, shall be Contractors' responsibility and at its own expense.
5. No liability insurance coverage provided by Contractor to comply with the terms of this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss.
Contractor waives its right of subrogation against lndemnitees. Any property insurance policies affected by Contractor shall be endorsed to delete the subrogation condition as to indemnitees or shall specifically allow Contractor to waive subrogation prior to a loss. Contractor hereby waives any right of recovery against the indemnitees and agrees to require any subcontractor to do so.
6. 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 shall be submitted to City for review.
7. Contractor shall cooperate fully with City and Contractor's insurance companies in any safety and accident prevention program and claims handling procedures as established for the performance of Services under this Agreement.
8. All coverage types and limits required under this Agreement are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage which may affect City's protection without City's prior written consent.
9. For purposes of applying insurance coverage only, all contracts pertaining to the performance of services shall be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
10. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any of the insurance requirements set forth in this Agreement in no way imposes any additional obligations on City nor does it waive any of the City's rights under this Agreement or any other regard.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
11. Any provision in this Agreement dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the Parties here to be interpreted as such.
12. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
13. Contractor agrees to obtain and provide to City evidence of Professional Liability insurance for Architects or Engineers if engaged by Contractor to perform any of the Services required under this Agreement. City shall determine the minimum coverage and policy limits required, after consultation with Contractor.
14. The City acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. The Contractor's insurance obligations under this Agreement under may be satisfied in whole or in part by adequately funded self insurance retention, but only after approval from the City Attorney's Office upon satisfactory evidence of financial capacity.
15. 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 Agreement with Colony Landscape & Maintenance, lnc./Exhibit C-lnsurance Requirements Rev. 07-01-18
equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara [*insert City department name here] 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]
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 Colony Landscape & Maintenance, lnc./Exhibit C-lnsurance Requirements 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.
A. 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 177 4-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777 .5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov .
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates.
Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to:
certified 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 Agreement with Colony Landscape & Maintenance, lnc./Exhibit D-Labor Compliance Addendum Rev. 07-01-18
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,b00 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.
B. 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 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.
C. 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.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit D-Labor Compliance Addendum Rev. 07-01-18
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Agreement with Colony Landscape & Maintenance, lnc./Exhibit O-Labor Compliance Addendum Rev. 07-01-18
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-599 Agenda Date: 5/26/2026
REPORT TO CITY COUNCIL AND STADIUM AUTHORITY BOARD
SUBJECT
Update to City Council on Implementation of City Council Policy 056 - Prohibiting Use of City Properties for Civil Immigration Enforcement Purposes and provide feedback on policy implementation (Deferred from May 19, 2026)
BACKGROUND
On February 3, 2026, the Santa Clara City Council unanimously established Council Policy 056, Prohibiting Use of City Properties for Civil Immigration Enforcement Purposes, which prohibits the use of City-owned or City-controlled parking lots, garages, open space, or other facilities as a “Staging Area,” “Processing Location,” or “Operations Base” for civil immigration enforcement purposes. The City Council also approved a statement on behalf of the City of Santa Clara that was shared on the city website and social media handles.
The adoption of Resolution 26-9533 establishing Policy 056 occurred five days prior to the City hosting Super Bowl LX. Due to the limited implementation timeline, certain components of Policy 056 would be implemented prior to the Super Bowl, with a subsequent update on policy implementation to be provided in advance of FIFA World Cup matches. The action taken by Council included the following direction:
(1) Implement Policy 056 immediately (with the understanding, given the short amount of time before Super Bowl LX, and the need to coordinate with Stadium Manager, full implementation of the policy would be limited)
(2) Staff to provide a report at a public meeting prior to FIFA World Cup matches on the implementation of the policy and any recommended changes. (3) Modify Section B.4 of the City Council Policy to provide training and reporting procedures for City employees.
DISCUSSION
This report presents staff’s implementation update for City Council Policy 056 -- Prohibiting Use of City Properties for Civil Immigration Enforcement Purposes. (1) Implementation Prior to SBLX:
The following implementation of the policy was completed before Super Bowl LX:
1. Signage (Identify City-owned and City-Controlled properties, Properties with Barriers to Limit Access, and Post Signage)
Ø Staff undertook quick efforts to implement Council Policy 056 across City-owned and controlled properties. This included a detailed review of City-owned and City- controlled properties surrounding Levi’s® Stadium (Stadium), including a review of City of Santa Clara Printed on 5/22/2026Page 1 of 6
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properties with physical barriers that could be used to limit access to the properties.
The City identified fifteen (15) public facilities and parks as potential Staging Areas, Processing Locations, or Operations Bases. These sites include Agnew Historic Cemetery and Museum, Agnew Park, Fairway Glen Park, Fuller Street Park, Live Oak Park, Meadow Park, Montague Park and Aquatic Center, Youth Soccer Park, Thamien Park, Ulistac Natural Area, Calle de Luna Park, Calle de Mundo Park, Lick Mill Park, and the Northside Branch Library.
In parallel, staff developed an inventory of City-Controlled properties, identifying a total of five sites near the stadium. To ensure awareness and coordination, notification letters were issued to applicable leaseholders on February 6, 2026, outlining the City’s policy requirements. With respect to Levi’s® Stadium, the facility was under lease to the Forty Niners SC Stadium Company (StadCo) during the Super Bowl period and therefore not under direct City control; however, the City provided StadCo with formal notification of the policy.
To reinforce policy compliance, staff also developed standardized signage clearly communicating allowable uses of City-owned properties. Following finalization of the messaging, staff coordinated the fabrication and installation of signage at the fifteen (15) identified City-owned sites located north of Highway 101, completing installation prior to February 8, 2026.
Since February 9, 2026, the City has installed signage at all City parks, the Santa Clara Convention Center, the Yellow Lot Parking structure, and is working with the Stadium Manager to have signage installed before the FIFA World Cup matches at the Stadium. Signage at parking lots (not associated with a park or library) or other city facilities that are public-facing will be posted before June 13, 2026.
2. City Employee Procedure Policy and Training
Ø The City has developed a City Manager’s Directive (CMD) and is currently coordinating with the City Attorney’s Office to finalize the directive. Portions of the CMD are modeled after San Jose’s Safe Site protocols. The CMD establishes procedures for staff related to the implementation of the policy and guidance for responding to contact from immigration agent(s). It defines the roles and responsibilities of staff and supervisors, including incident reporting protocols.
The directive is intended to ensure staff are informed, equipped to respond appropriately to potential policy violations, and maintain employee and resident safety. The CMD also clarifies that while staff may verbally object to the use of City property for immigration enforcement activities, they are not to physically intervene with or obstruct immigration agent(s). Additionally, the CMD reaffirms that the Policy does not prohibit the City from complying with valid federal warrants, subpoenas, or court orders.
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enforcement, the employee is instructed to inform their supervisor, the Person In Charge at the facility/site.
Supervisors are provided with protocols on how to interact with immigration agent (s), guidance on what to ask for, and what types of documentation allow for entry into Employee Only areas. Supervisors are required to submit an Incident Report within 24 hours of the incident. The CMD also includes notification protocols for informing the City Manager’s Office and City Council of confirmed immigration enforcement incidents. Staff has also developed an Incident Report form specific to reporting on Policy 056 violations.
Staff is currently developing a training program for City employees that will cover the protocols and procedures outlined in the CMD. The training will be implemented in two phases. Phase One will prioritize front-line employees who regularly interact with the public at City facilities, with completion targeted by June 13, 2026. Training for all remaining employees will be conducted throughout June 2026.
3. Future Agreements
Ø City Attorney’s office is in the process of developing standardized language that will be included in future leases, licenses, and operation agreements, and amendments to existing agreements, in order to implement Policy 056 on City- owned or controlled properties.
4. Support for Private Property Owners/Businesses and Residents Ø Signage
The City developed standardized signage that may be voluntarily used by private property owners, businesses, and landowners to communicate enforcement-free zones.
This signage was designed to provide clear, consistent messaging.
To ensure accessibility, the signage templates have been made available on the City’s website as part of the policy resource page, “Know Your Rights and Enforcement- Free Zones | City of Santa Clara.” This online resource enables property owners to easily download and display the signage.
Staff have taken additional proactive steps to engage and inform Santa Clara businesses regarding the implementation of Policy 056. Outreach efforts included the distribution of an informational email to local businesses outlining the adopted policy, sharing the City’s dedicated resource webpage, and providing links to relevant local and community resources.
Ø Know Your Rights Materials
The City has developed a dedicated webpage that provides comprehensive information on Council Policy 056, including an overview of the policy, existing laws in California regarding immigration enforcement, guidance on immigrant rights, a direct link to the Santa Clara County office of Immigration Relations website and a Frequently Asked Questions about the policy. This centralized platform is intended to improve public access to accurate information and support community awareness.
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To further enhance outreach, the City has distributed “Know Your Rights” Red Cards at all public-facing City facilities, ensuring that residents have readily available, easy-to- understand information regarding their rights.
Ø Additional Efforts:
The City is also working with the Immigrant Protect and Empowerment Network (IPEN) to bring resources to local businesses. IPEN works with its partner, Working Partnerships USA, which provides an Employer Engagement program, hosting in- person training sessions for business owners and sharing resources and information on how to prepare for immigration raids and federal agents visiting the workplace. The City is collaborating with the Silicon Valley Chamber of Commerce to host an Employer Engagement session in June prior to FIFA World Cup.
(2) Provide a report at a Public Meeting
a. This report and the presentation at the May 19 meeting is intended to stratify the City Council request to provide a summary report in implementation of Policy 056. Staff does not recommend any changes to the policy at this time.
Additionally, as the Santa Clara Police Department is the lead agency managing public safety efforts for the Super Bowl, the Department provided the following feedback regarding the impacts of implementing Policy 056 during Super Bowl LX:
The Police Department does not engage in civil immigration enforcement, consistent with state law (including the California Values Act) and long-standing departmental practice.
Policy 056 did not result in any substantive change to police operations during the Super Bowl.
The timing of the policy’s adoption, immediately prior to a major global event, introduced additional complexity in public messaging and contributed to heightened public concern and protest activity, which required adjustments to our crowd management posture.
b. Information regarding data sharing policies
Ø As a SEAR 1 (Special Event Assessment Rating) event, as designated by the US Department of Homeland Security, federal interagency support was integral to public safety operations for Super Bowl LX (SBLX), an event of national/international importance. Collaboration and information sharing were limited to coordinated public safety efforts and criminal threat prevention. This included joint planning, real-time situational awareness, resource deployment strategies and staffing, and unified incident response protocols to ensure a safe and secure environment for the public. The interagency support was effective and efficient in achieving our public safety mission.
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enforcement. No such enforcement occurred at SBLX, nor at related SBLX operations. c. Opportunities for updates or refinements to City Council Policy 056 Ø The City is currently implementing Policy 056 and collaborating with IPEN to ensure alignment with current best practices and approaches that best serve the needs of Santa Clara. Through this partnership, staff will continue to evaluate opportunities to refine and enhance the City’s policy framework. IPEN has expressed support for Santa Clara’s adoption of the policy and has indicated that the City’s website is being used as a reference for other jurisdictions.
(3) Modify Section of B.4 of the City Council Policy to provide training and reporting procedures for City employees
Ø No modifications to Section of B.4 of the City Council Policy are recommended.
Training and reporting procedures for City employees will be outlined in the draft City Manager’s Directive (CMD), which will be finalized prior to June 13 and modified as needed in the future.
The following are the remaining portions of the policy that need to be implemented:
· Finalize posting of signage before June 13, 2026, at City parking lots. · Finalize the City Manager’s Directive (Employee policy implementation procedure and training).
· Finalize and deliver training for City employees.
· Coordinate with IPEN and Silicon Valley Chamber of Commerce & Innovation for an Employee Training/Engagement session in Santa Clara.
In addition, the City has executed a Memorandum of Understanding with Silicon Valley Office of Protocol and is currently working with them in anticipation of the upcoming FIFA World Cup. The City has met with representatives from several countries and addressed their concerns about the safety of their citizens. The Silicon Valley Office of Protocol is evaluating the establishment of temporary Embassy services in partnership with countries whose teams are playing matches at the Stadium.
The goal is to provide a centralized access point for individuals seeking support or services from their country’s diplomatic representatives.
FISCAL IMPACT
Implementation of the policy has fiscal impacts, including the cost to fabricate and post the signage at City-owned and City-controlled properties. Additional costs include administrative costs for staff time to develop the CMD, develop training, and provide training.
COORDINATION
This report was coordinated between the City Manager’s Office and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s City of Santa Clara Printed on 5/22/2026Page 5 of 6
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Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Receive the report and provide input or further direction to staff regarding Policy 056 implementation as Council deems appropriate.
Reviewed by: Paulina Morales, Assistant City Manager
Approved by: Jovan Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-360 Agenda Date: 5/26/2026
REPORT TO COUNCIL
SUBJECT
Action on Adoption of a Resolution Designating the FIFA World Cup 2026 Special Event Zone and Special Event Time Period Pursuant to the City’s Special Event Zone Ordinance
BACKGROUND
Since opening in 2014, Levi’s® Stadium (Stadium) has hosted numerous large-scale events attracting statewide, national, and international audiences, including Super Bowl 50 in 2016 and the College Football Playoff National Championship in 2019. To support public health, safety, mobility management, and event operations during high-attendance events, the City has historically implemented temporary “Special Event Zone” regulations addressing emergency access, crowd management, temporary commercial activity, and related operational needs. These measures have also assisted in reducing congestion and unlawful activity, including unpermitted vending and counterfeit merchandising.
On December 16, 2025, the City Council adopted an uncodified ordinance entitled “An Ordinance of the City of Santa Clara, California, Regulating Certain Activities within a Protected Area in Connection with Major Events and Related Activities in the City of Santa Clara” (Special Event Zone Ordinance) (Attachment 1). The Special Event Zone Ordinance established a framework authorizing the City Council to designate, by separate resolution, future “Special Events”, a “Special Event Zone” for such designated Special Events, and a “Special Event Time Period” during which the Special Event Zone Ordinance regulations will apply within the Special Event Zone. The Special Event Zone Ordinance specifically identifies FIFA World Cup 2026 as a Special Event. The City must now adopt a resolution to designate the Special Event Zone and Special Event Time Period for FIFA World Cup 2026.
The Special Event Zone Ordinance establishes temporary regulations applicable only during the City Council approved designated Special Event Time Period and only within the Council-approved Special Event Zone. The Special Event Zone regulations include:
· Pause on Sidewalk Vending Permits: Sidewalk vending permits issued under Santa Clara City Code Chapter 5.05 are temporarily paused for approved locations within the Special Event Zone, while permits remain valid for approved locations outside the Special Event Zone. · Restrictions on Outdoor Food and Beverage Sales: Outdoor food and beverage sales visible from public streets, sidewalks, or rights-of-way are prohibited, except for properly permitted businesses operating in the ordinary course at approved locations. · Restrictions on Outdoor Merchandise Sales: Outdoor sale or distribution of merchandise visible from public areas is prohibited, except where conducted by properly permitted businesses operating in the ordinary course at approved locations.
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· Prohibition on Mobile Unit Commercial Vending: Commercial vending from mobile units, including trucks, trailers, carts, bicycles, or other wheeled conveyances not permanently affixed to a foundation, is prohibited.
· Restrictions on Promotional Giveaways and Sampling: Distribution of free products, commercial services, coupons, or promotional materials in public areas is prohibited, with a limited exception for certain coupon distribution occurring on private property in direct support of a business operating within an enclosed building.
· Prohibition on Mobile Advertising Displays: Mobile advertising displays and promotional signage attached to mobile units or portable devices are prohibited, while ordinary-course advertising on buses, taxis, and delivery vehicles remains permitted. · Permit Requirement for Temporary Structures: Temporary structures, including tents, canopies, umbrellas, inflatables, and similar installations on non-residential property, require City approval through a Temporary Use Permit.
The Ordinance also preserves existing City, State, and Federal requirements and relies on existing administrative enforcement mechanisms to support implementation and compliance.
Levi’s® Stadium is scheduled to host FIFA World Cup 2026 matches in June and July 2026. In preparation for these internationally significant events, staff now recommends adoption of a resolution designating a FIFA World Cup 2026 Special Event Zone and activation period pursuant to the Special Event Zone Ordinance.
The Assignment and Assumption Agreement between the City and FIFA (Agreement) contemplates City Council consideration and potential adoption of a Special Event Zone ordinance and related implementing actions to support FIFA World Cup 2026 operations at Levi’s® Stadium. While the FIFA Agreement does not require the City Council to adopt a Special Event Zone or related resolution and the City Council retains sole discretion regarding such action, the Agreement recognizes that temporary event-related regulations may be considered to support public safety, mobility management, security operations, crowd management, and other logistical needs associated with FIFA World Cup 2026. Adoption of a Special Event Zone resolution establishing a defined time period and geographic boundary supports operational planning and coordination among the City, Stadium operators, FIFA event partners, and public safety agencies in preparation for the event.
Consistent with prior City Council direction and informed by operational planning to date, staff recommends use of the smaller geographic boundary for FIFA World Cup 2026. At this time, staff anticipates that FIFA-related impacts may be more concentrated in and immediately around the Stadium area and may involve a smaller operational and security footprint than Super Bowl LX, thereby supporting a more focused and tailored Special Event Zone.
DISCUSSION
Purpose of the FIFA World Cup 2026 Resolution
The adopted Special Event Zone Ordinance establishes temporary regulations applicable only during designated event periods and only within specifically adopted geographic areas. Adoption of the proposed resolution would formally designate:
· The FIFA World Cup 2026 Special Event Time Period, from June 12, 2026 at 8:00 PM through City of Santa Clara Printed on 5/22/2026Page 2 of 7
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July 2, 2026 at 6:00AM, consistent with the dates previously contemplated in the ordinance materials, to account for event preparation, match operations, ingress and egress activity, and event demobilization; and
· The FIFA World Cup 2026 Special Event Zone boundary, consisting of a more limited geographic area focused on the Stadium and adjacent circulation corridors.
The resolution does not establish new regulations or amend the adopted Special Event Zone Ordinance. Rather, it activates the Ordinance’s existing temporary Special Event Zone requirements for FIFA World Cup 2026 within the designated time period and boundary.
Super Bowl LX Activities and Operational Impacts
Super Bowl LX (SBLX) provided the City with an opportunity to evaluate the effectiveness of Special Event Zone Ordinance and observe real-world impacts associated with large-scale event activity at and around Levi’s® Stadium. Based on field observations and interdepartmental coordination, staff found that the most significant operational, mobility, and public safety impacts were concentrated in the immediate vicinity of the Stadium, particularly along primary ingress and egress corridors used by attendees before and after the event.
During event egress, substantial pedestrian volumes were observed along designated exit routes, with congestion occurring in areas where unpermitted temporary vending and informal commercial activity intersected with pedestrian circulation. While the number of vendors observed was generally consistent with prior major events, staff found that simplified ordinance language and clearer public messaging improved operational understanding and enforcement coordination. City staff observed that event-related impacts diminished farther from the Stadium, and areas beyond the immediate Stadium environment generally did not experience comparable operational or public safety concerns with the primary unpermitted activities occurring on Great America Parkway and Tasman.
The City also observed attempts to distribute materials and promotional items in areas surrounding the Stadium. In one instance, a group sought to distribute rally towels, which event operators did not permit within the Stadium venue. These activities highlighted the importance of maintaining clear standards regarding the distribution of materials and promotional items in areas immediately surrounding the event footprint to avoid congestion and preserve safe pedestrian movement. The Special Event Zone Ordinance’s prohibition on the distribution of giveaways and promotion items provided an effective enforcement mechanism to address this activity, enabling staff to intervene promptly, reduce potential pedestrian conflicts, and reinforce orderly event operations within high- traffic areas surrounding the Stadium.
Enforcement of the Special Event Zone Ordinance during Super Bowl LX was coordinated through partnered field teams that included Code Enforcement, Police, and event partners. Partnered enforcement efforts helped clarify expectations and address operational issues in real time.
Code Enforcement staff reported high voluntary compliance using the Special Event Zone Ordinance as an enforcement and education tool. Four notices of violation were issued for unpermitted signage and during event operations, approximately three food vendors and fourteen merchandise vendors were directed to cease operations or relocate, with voluntary compliance achieved following staff engagement. During post-event egress, unpermitted hot dog vending activity became more prevalent along key pedestrian corridors, at times impeding crowd movement and pedestrian circulation as City of Santa Clara Printed on 5/22/2026Page 3 of 7
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attendees exited the Stadium. The Special Event Zone Ordinance continues to serve as a critical enforcement and educational tool in addressing this activity; during multi-day events, its consistent application reinforces compliance expectations, serves as an ongoing reminder of regulatory requirements, and acts as a deterrent to recurring unpermitted vending.
Overall, observations from Super Bowl LX reinforced that the most substantial event-related operational impacts occur in and around Levi’s® Stadium and along immediate circulation routes in particular on the routes on Great America Parkway as visitors’ ingress and egress from the event.
These experiences informed staff’s recommendation for a more focused FIFA World Cup 2026 Special Event Zone boundary, emphasizing the Stadium area, key ingress and egress corridors, and locations with demonstrated pedestrian and operational impacts while minimizing temporary restrictions in areas farther from the Stadium where impacts were more limited.
FIFA World Cup 2026 Event Impacts and Operational Considerations The FIFA World Cup is anticipated to generate significant visitor activity at and around Levi’s® Stadium, including large pedestrian volumes, credentialed access operations, transit activity, rideshare demand, and heightened security coordination. Similar to other international sporting events, operational needs are expected to include temporary security screening, crowd-management infrastructure, media operations, wayfinding systems, temporary fencing, hospitality functions, and coordinated emergency access planning.
In addition, City staff have observed that international sporting events and matches historically generate increased levels of informal and unpermitted vending activity, including earlier vendor arrival and setup in advance of the game. This creates heightened operational and enforcement demands within key pedestrian corridors and surrounding circulation areas.
At present, FIFA operational planning indicates that many event impacts are expected to be concentrated closer to the Stadium and immediate transportation corridors than those anticipated during Super Bowl LX. Staff anticipates that activity levels immediately surrounding the Stadium may intensify during FIFA match periods due to increased pedestrian concentrations, international attendance patterns, and the anticipated presence of vendors associated with these events.
In addition, FIFA World Cup and other international soccer matches often generate organized and spontaneous “fan marches” or supporter gatherings, in which groups of spectators travel together from hotels, transit hubs, entertainment areas, or informal gathering locations toward venues, displaying team colors, flags, chants, and musical instruments. While generally celebratory, these activities can create temporary pedestrian concentrations, roadway crossings, localized congestion, and operational impacts affecting ingress and egress routes, transit access, rideshare operations, and emergency access near Levi’s® Stadium. These gatherings may also attract increased informal commercial activity, including vendors seeking to capitalize on concentrated crowds through sales of food, beverages, merchandise, promotional items, or counterfeit goods along supporter routes and gathering areas, creating secondary impacts to pedestrian circulation and crowd management that require coordinated operational planning and enforcement. City staff is currently evaluating strategies to proactively manage fan marches through the identification of designated gathering areas and preferred travel routes intended to minimize impacts to public safety, pedestrian circulation, traffic operations, and emergency access, including potential routes east and west of Tasman Drive. The Special Event Zone Ordinance will serve as an important tool in supporting these management efforts by establishing clear operational boundaries, limiting unpermitted vending, material City of Santa Clara Printed on 5/22/2026Page 4 of 7
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distribution, and unpermitted commercial activity along these corridors.
The recommended Map boundary reflects this anticipated operational profile by focusing primarily on:
· Levi’s® Stadium and its immediate surroundings;
· Key ingress and egress routes along Great America Parkway, Tasman Drive, Lafayette Street, and Lickmill Drive are necessary for pedestrian movement and emergency access; · Transit, shuttle, rideshare, and circulation corridors supporting match-day operations; and · Areas expected to experience concentrated pedestrian activity, temporary security controls, and event-related operational demands, including the areas surrounding the Stadium on Tasman Drive and Great America Parkway.
The recommended boundary is intended to maintain safe and orderly pedestrian circulation, preserve emergency response access, reduce conflicts associated with unpermitted outdoor commercial activity, and support predictable event operations while minimizing temporary impacts on surrounding neighborhoods and businesses farther from the Stadium.
While FIFA operational planning continues to evolve, adoption of the proposed resolution would establish a clear and transparent regulatory framework in advance of the event period, allowing for public communication, coordinated enforcement, and operational preparedness consistent with prior major-event practices in Santa Clara.
Special Event Zone Time Period
Consistent with prior Council materials, staff recommends designation of the following activation period:
· FIFA World Cup 2026: June 12, 2026 at 8:00 PM through July 2, 2026 at 6:00 AM, reflecting an approximately twenty-day operational period necessary to accommodate pre-event preparations, event operations, crowd management, ingress and egress activity, vendor activity, temporary security operations, and post-event demobilization associated with multiple FIFA World Cup matches hosted at Levi’s® Stadium.
Staff further recommends a continuous activation period due to the close proximity of match dates and the operational challenges of repeatedly activating and deactivating Special Event Zone regulations between games. Stadium operations teams have advised that vendors associated with international events frequently establish operations very early in advance of events. As such, a continuous Special Event Zone period is recommended to avoid enforcement gaps and operational inefficiencies that may arise if vendors establish locations during interim periods between matches, requiring repeated enforcement, removal, and re-establishment efforts across multiple event cycles.
The continuous timeframe also provides greater clarity for residents, businesses, vendors, and enforcement personnel while supporting consistent and predictable event operations.
Special Event Zone Boundary
Staff recommends adopting the attached Map (Attachment C), the reduced-footprint Special Event Zone boundary previously evaluated by the City Council for SBLX.
Staff recommends adopting the attached map (Attachment C), which reflects the reduced-footprint Special Event Zone boundary previously evaluated by the City Council for SBLX. The original SBLX City of Santa Clara Printed on 5/22/2026Page 5 of 7
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boundary included areas encompassing the Rivermark Shopping Center and Oracle Campus neighborhoods. However, these areas did not experience significant event-related impacts during SBLX.
This Map was developed to provide a narrower and more targeted geographic footprint while maintaining the City’s public health, safety, mobility, and operational objectives. The recommended boundary focuses primarily on:
· The immediate area surrounding Levi’s® Stadium;
· Critical emergency response, transit, and circulation corridors; and · Primary ingress and egress routes historically associated with high pedestrian and traffic volumes during major events.
The smaller boundary reflects the City’s current understanding that FIFA-related activity may be more concentrated than Super Bowl LX and that a more limited perimeter can appropriately balance operational readiness with minimizing temporary impacts on residents and businesses. In addition, because the primary spectator entrance to the Stadium for FIFA World Cup is located on the west side, staff anticipates that the most significant event-related impacts, particularly traffic, pedestrian and vehicle circulation, and parking demand, will occur along the Great America Parkway and Tasman Drive corridors.
Community Outreach
Staff will continue implementation of a public communication and outreach strategy in advance of FIFA World Cup 2026, including:
· A dedicated Special Event Zone webpage with maps, FAQs, and updates; · Notifications distributed through City communication channels, business associations, and community organizations;
· Coordination with nearby residential communities, stakeholder groups, and Stadium-related committees; and
· Opportunities for residents and businesses to receive updates and request additional information.
The goal of outreach efforts is to provide clear, transparent, and timely information regarding the temporary Special Event Zone requirements and anticipated operational impacts.
Next Steps
Following Council adoption of the Resolution, staff will proceed with implementation planning, community outreach, interdepartmental coordination, and event-specific operational preparations for FIFA World Cup 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(a) because 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. Even if the action were considered a project under CEQA, it would be exempt pursuant to CEQA Guidelines section 15061(b)(3), because it can City of Santa Clara Printed on 5/22/2026Page 6 of 7
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be seen with certainty that there is no possibility that adoption of the Resolution would have a significant effect on the environment, given that it does not involve or authorize any construction or physical activity impacting the environment.
FISCAL IMPACT
There is no General Fund impact anticipated beyond staff time associated with implementation, outreach, coordination, and enforcement during the time-limited activation period.
COORDINATION
This report was coordinated with the City Manager’s Office, City Attorney’s Office, and Community Development 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.
In addition, staff will continue community outreach efforts related to FIFA World Cup 2026 Special Event Zone operations through dedicated webpages, notifications, stakeholder coordination, and direct communications to affected parties.
RECOMMENDATION
Adopt a Resolution designating the FIFA World Cup 2026 Special Event Zone and Special Event Time Period Pursuant to the City’s Special Event Zone Ordinance.
Reviewed by: Elizabeth Klotz, Assistant City Manager
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Ordinance
2. Resolution
3. Map
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Ordinance/Special Event Zone FIFA World Cup Page 1 of 12 Rev: 11/2025
ORDINANCE NO. 2083
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, REGULATING CERTAIN ACTIVITIES
WITHIN A PROTECTED AREA IN CONNECTION WITH
MAJOR EVENTS AND RELATED ACTIVITIES IN THE CITY
OF SANTA CLARA
WHEREAS, the City of Santa Clara (“City”) is home to Levi's® Stadium (“Stadium”) which opened in 2014 and regularly hosts football events, concerts, soccer matches , and other events (“Events”);
WHEREAS, some of the Events hosted at the Stadium attract statewide, national and/or international interest, with increased potential for safety and security risks due to their large crowds, enhanced level of media attention, large number of high-profile attendees, and increased commercial and community activity at and around the Stadium (“Special Events”);
WHEREAS, in 2026, the Stadium will host two Special Events, Super Bowl LX (and related events) in February 2026, and FIFA World Cup 2026 (and related events), from late May through early July 2026;
WHEREAS, in addition to the Stadium, the City also has within its jurisdiction various other public and private facilities, parking areas, access roads, thoroughfares and other areas which may be used for the purposes of staging and conducting activities related to the Special Events at the Stadium , including support of Special Event security, logistics, traffic management and other community or commercial activities associated with the Special Events;
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Ordinance/Special Event Zone FIFA World Cup Page 2 of 12 Rev: 11/2025
WHEREAS, the Special Events will require extensive event load- in and load- out operations, including temporary structures, hospitality installations, security screening areas, broadcast compounds, fencing, and wayfinding systems, all of which necessitate maintaining clear and predictable access routes for emergency services, credentialed personnel, and freight deliveries;
WHEREAS, the primary ingress and egress corridors serving the Stadium are essential for the safe movement of attendees, emergency vehicles, transit providers, rideshare operations, and Event support staff;
WHEREAS, the Stadium is supported by extensive surface parking areas, pedestrian walkways, shuttle zones, and transit connections that experience significant pedestrian volumes before and after Special Events, and temporary restrictions on unpermitted vending and commercial activity within these areas are necessary to safeguard pedestrian travel and protect adjacent residential neighborhoods from spillover impacts; WHEREAS, event and hospitality facilities adjacent to the Stadium, including the Santa Clara Convention Center, California’s Great America theme park, and nearby hotels are expected to host Special Event related activities such as credentialing operations, media production, hospitality functions, fan activations, and community programming, creating additional demand for coordinated public safety, mobility management, and regulation of outdoor commercial activity;
WHEREAS, the Santa Clara City Code already prescribes regulations and restrictions to ensure smooth operations of Events at the Stadium, including local permit requirements and regulations for soliciting and peddling, signs, temporary short-term activities, and parades, races and block events;
Ordinance/Special Event Zone FIFA World Cup Page 3 of 12 Rev: 11/2025
WHEREAS, given increased security risks, increased number of people visiting the City to attend or participate in, and the large scale nature of Special Events, and related activities, the City has determined that it is within the public interest to adopt certain additional and temporary regulations (“Special Event Regulations”) to mitigate and manage these risks consistent with City’s interest in preserving the public’s health, safety and welfare;
WHEREAS, the City’s specific purposes for adopting the Special Event Regulations include: (1) promoting and protecting public health, safety, and welfare in and around the Stadium and other areas within the City impacted by Special Events; (2) exercising responsible public stewardship by managing Special Events to maximize economic benefits to the community, while protecting the public interest; (3) promoting and protecting good order and aesthetic qualities in and around the Stadium during Special Events and minimizing commercial blight; and (4) managing congestion and pedestrian and vehicular traffic flow within a specifically defined area around the Stadium (“Special Event Zone”) that would otherwise impede the free and safe flow of traffic, presenting safety and security risks, by hindering security operations and interfering with emergency vehicle access;
WHEREAS, the Special Event Zone boundaries will be specific to each Special Event, and will generally align with the autonomous vehicle geofenced rideshare map, underscoring the need to preserve adequate traffic flow, avoid congestion, and maintain safe and orderly transportation operations during Special Events; //
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Ordinance/Special Event Zone FIFA World Cup Page 4 of 12 Rev: 11/2025
WHEREAS, establishing the Special Event Zone in advance of Special Events will allow the City to implement predictable and transparent regulations, coordinate enforcement, and maintain safe and efficient event operations from early event preparation through post-event crowd dispersal;
WHEREAS, certain Special Event Regulations r egulate sidewalk vendors and those regulations are directly related to the health, safety, and welfare concerns identified in Santa Clara City Code section 5.05.440 which exist upon the sidewalks and other pedestrian paths within the Special Event Zone;
WHEREAS, in order to tailor the application of the Special Event Regulations to the time periods and the specific geographic areas where the public health, safety and welfare concerns are expected to arise, the Special Event Regulations will only apply, during the time periods designated for each Special Event and only within the Special Event Zone designated for each Special Event;
WHEREAS, these designated time periods are intended to encompass not only the days on which the Special Events occur, but also the necessary lead- up and operational phases including load -in, construction of temporary facilities, credentialing, security screening, and crowd-management preparations during which health, safety and welfare impacts similarly exist;
WHEREAS, maintaining these regulations continuously throughout the full preparation, event, and dispersal periods, rather than intermittently turning them on and off, is essential to ensuring consistent application, effective enforcement, operational clarity for the public and stakeholders, and the uninterrupted protection of public safety and orderly event operations; and
Ordinance/Special Event Zone FIFA World Cup Page 5 of 12 Rev: 11/2025
WHEREAS, based on the foregoing, the City has a substantial interest in adopting the Special Event Regulations set forth in this Ordinance, which shall be effective only during the specified dates and times applicable to Special Events and within the Special Event Zone designated.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS
FOLLOWS:
SECTION 1 : That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted by the City Council as a part of this Ordinance.
SECTION 2: D efinitions. For purposes of this Ordinance the following terms shall have the meanings ascribed thereto:
a. “ Special Event” shall mean (1) Super Bowl LX, (2) FIFA World Cup 2026, or (3) any similar event held at the S tadium, expected to attract statewide, national and/or international interest, with increased potential for safety and security risks due to their large crowds, enhanced level of media attention, large number of high- profile attendees, and increased commercial and community activity at and around the Stadium that is designated as a “Special Event” by resolution adopted by the City Council.
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Ordinance/Special Event Zone FIFA World Cup Page 6 of 12 Rev: 11/2025
b. “Special Event Time Period” shall mean the time period leading up to and after a Special Event during which Special Event Regulations shall be in effect. For Super Bowl LX the Special Event Time Period shall commence on February 1 , 2026, at 8:00 a.m. and shall expire on February 10, 2026 at 10:00 p.m. Other Special Event Time Periods, including FIFA World Cup 2026, shall be designated by the City Council by Resolution.
c. “Special Event Zone ” shall mean with respect to Super Bowl LX that certain area surrounding the Stadium expected to be impacted by the conduct of such events and any related activities thereby necessitating the imposition of the Special Event Zone Regulations as more particularly shown on the map and description attached hereto as Exhibit "A" including all publicly owned property, public rights of way and private property located therein. Other Special Event Zones, including for FIFA World Cup 2026 shall be designated by the City Council by Resolution.
SECTION 3: Special Event Zone Regulations. With respect to each Special Event designated in accordance with the terms of this Ordinance, t he following regulations shall apply for the duration of the Special Event Time Period and within the Special Event Zone designated for such Special Event.
a. P ause on Existing Permits within Special Event Zone. All permits issued pursuant to Chapter 5.05 of the Santa Clara City Code for approved locations within the Special Event Zone shall be paused. If any such permit holder peddles at alternative approved locations designated in the permit, the permit shall only be paused in part, as applied to the approved location within the Special Event Zone, and shall remain in full force and effect as applied to the alternative approved location.
Ordinance/Special Event Zone FIFA World Cup Page 7 of 12 Rev: 11/2025
b. Prohibition on Outdoor Sales of Food and Beverage. The outdoor sale of any food or beverages to the public visible from any public street, sidewalk or public rights of way shall be prohibited, including alcoholic beverages, except food or beverages sold or distributed in the ordinary course of business at a location for which the City has issued a Certificate of Occupancy , Conditional Use Permit or other permit authorized by the Santa Clara City Code.
c. P
rohibition on Outdoor Sales of Merchandise. The outdoor sale or distribution of merchandise (used in its broadest sense and including commercial property or transaction(s) of every kind) to the public visible from any public street, sidewalk or public right of way shall be prohibited, except merchandise sold or distributed in the ordinary course of business at a location for which the City has issued a Certificate of Occupancy, Conditional Use Permit or other permit authorized by the Santa Clara City Code.
d. P
rohibition on Mobile Unit Commercial Vending. Commercial vending from any "mobile unit," which includes any vehicle, truck, trailer, pushcart , wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, whether or not required to have a license to operate issued by the California Department of Motor Vehicles, is prohibited.
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Ordinance/Special Event Zone FIFA World Cup Page 8 of 12 Rev: 11/2025
e. Prohibition on Distribution of Free Products. The distribution or provision of free products, commercial services or coupons (otherwise referred to as sampling) and other promotional giveaways on public streets, sidewalks or rights of way or outside an enclosed building is prohibited. This prohibition does not apply to distribution of coupons outside of an enclosed building, and wholly occurring within private property, where the distributions provides direct support for the business operating within the enclosed building upon which the property is located. f. P rohibition on Mobile Advertising Displays. Mobile advertising (including, but not limited to signs on or attached to a “mobile unit” portable device or person) is prohibited. Notwithstanding the foregoing, buses, taxicabs, and other delivery vehicles that display advertising as a secondary use of the vehi cle in the ordinary course of business, may travel within the Event Zone to pick up and drop off passengers and goods.
g. P
ermits for Temporary Structures. No temporary structure shall be constructed, placed, occupied or used (including, but not limited to, temporary location of tents, canopies, umbrellas and air supported, air -inflated and tensioned membranes) on non-residential property unless it is approved as an associated use with a Temporary Use Permit issued by the City pursuant to Santa Clara City Code Chapter 18.122.
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Ordinance/Special Event Zone FIFA World Cup Page 9 of 12 Rev: 11/2025
SECTION 4: Compliance with Existing Federal, State and Local Laws. Nothing in this Ordinance modifies requirements to comply with existing federal, state, and local laws. This includes but not limited to requirements to comply with state and federal laws related to sale or distribution of counterfeit merchandise. It also does not change requirements t o comply with the City’s local regulations, including but not limited to requirements to obtain permits for activities when required by the Santa Clara City Code.
SECTION 5: V
iolations and Penalties.
a. Mobile Unit Commercial Vending Violations. Violations of the “Prohibition on Mobile Unit Commercial Vending” provision within the public right-of-way or in a park owned and operated by the City, are punishable by the administrative remedies authorized in Santa Clara City Code Chapter 5.05.
b. Administrative Remedies. Except as otherwise prohibited by state law, violations of any other provision of this ordinance by any person, firm, corporation, agent or employee thereof may be prosecuted as an administrative cit ation as set forth in Santa Clara City Code Chapter 1.10. Each day that a violation is permitted to exist shall constitute a separate offense.
c. O ther Enforcement Options. In addition to any other remedies herein, this ordinance may be enforced by an injunction issued by the Superior Court upon any suit by the City. If any activity that constitutes a violation of this ordinance also constitutes a violation of any state, federal, local, or common law, this ordinance shall not be the exclusive remedy and shall not be deemed to abrogate any other rights and remedies that may exist under law.
Ordinance/Special Event Zone FIFA World Cup Page 10 of 12 Rev: 11/2025
SECTION 6: Severability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the ordinance. The City Council declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 7: No
Impact on Existing Prosecutions/Fees. The changes provided for in this Ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this Ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this Ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
SECTION 8: CE
QA. Adoption of this Ordinance is not a “project” as defined by CEQA pursuant to CEQA Guidelines section 15378 because it does not have any potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and it involves only organizational and administrative activities of the City; it does not involve or otherwise authorize any construction or physical activity that could impact the environment. Even if adoption of the Ordinance was considered to be a project under CEQA, it would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the Ordinance would have a significant effect on environment given that it does not involve or authorize any construction or physical activity that could impact the environment.
Ordinance/Special Event Zone FIFA World Cup Page 11 of 12 Rev: 11/2025
SECTION 9: Ordinance not codified. This Ordinance shall not be codified in the Santa Clara City Code.
SECTION 10 : Effective date. This Ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California."
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PASSED FOR THE PURPOSE OF PUBLICATION this 9TH day of DECEMBER, 2025, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS :
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Chahal, Cox, Gonzalez, Hardy, Jain, and
Park, and Mayor Gillmor
None
None
None
~j/} ATTEST: ~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
FINALLY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA this 15TH day of DECEMBER, 2025, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Attachments incorporated by reference:
Chahal, Cox, Gonzalez, Hardy, Jain, and
Park, and Mayor Gillmor
None
None
None
ATTEST:
~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1 . Exhibit A - Special Event Zone for Super Bowl LX
Ordinance/Special Event Zone FIFA World Cup
Rev: 11 /2025
Ordinance/Special Event Zone FIFA World Cup Page 1 of 1 Rev: 11/2025
EXHIBIT A
Special Event Zone for Super Bowl LX
N
A
0 0.25
Exhibit A (MAP B)
Special Event Zone
for Super Bowl LX and FIFA World Cup 2026
0.5 !Miles
Legend
- Special Event Zone !!l mntR.i. Sha<e
□ -
- Streets
- ltig!w,ays
- Light Rai Trad<s
@ Levi's Stadium
• Light Rai Stations
• VTA Bus Stops
- \V.-bocl ies
Event Spaces
Event l>aricing lots
El Hotels
Created by the CSC IT-GIS Team
Last Updated on 11/ 12/2025
Resolution/Establish FWC26 Special Event Zone Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
DESIGNATING THE FIFA WORLD CUP 2026 SPECIAL EVENT ZONE AND SPECIAL EVENT TIME PERIOD PURSUANT TO THE CITY’S SPECIAL EVENT
ZONE ORDINANCE
WHEREAS, the City of Santa Clara (“City”) is home to Levi’s® Stadium (“Stadium”), which hosts nationally and internationally significant sporting and entertainment events that generate substantial pedestrian and vehicular activity, enhanced security operations, and increased regional visitation; and,
WHEREAS, on December 16, 2025, the City Council previously adopted an uncodified ordinance entitled “An Ordinance of the City of Santa Clara, California, Regulating Certain Activities within a Protected Area in Connection with Major Events and Related Activities in the City of Santa Clara” (“Special Event Zone Ordinance”), which authorizes the City Council to designate by resolution the following:
A. A “Special Event” defined to include events held at the Stadium which are expected to attract statewide, national and/or international interest, with increased potential for safety and security risks due to their large crowds, enhanced media attention, large number of high-profile attendees, and increased commercial and community activity at and around the Stadium;
B. The “Special Event Time Period” defined to include the time period leading up to and after a Special Event during which the Special Event Regulations as defined in the Special Event Zone Ordinance shall be in effect; and
C. The “Special Event Zone” defined to include that certain area surrounding the Stadium expected to be impacted by the conduct of the Special Event and any related activities thereby necessitating the imposition of the Special Event Zone Regulations; WHEREAS, the Stadium is scheduled to host six FIFA World Cup 2026 matches and related activities from June 13, 2026, through July 1, 2026; and Resolution/Establish FWC26 Special Event Zone Page 2 of 2 Rev: 7/27/2023
WHEREAS, the Special Event Zone Ordinance specifically identifies FIFA World Cup 2026 as a Special Event; and,
WHEREAS, activities occurring in and around the Stadium during the Special Event may include fan marches, First Amendment-protected activities, unregulated vending, promotional or marketing activities, media operations, entertainment activations, rideshare and passenger pick- up/drop-off activity, informal gathering spaces, and other ancillary event-related activities (collectively, “Special Event Activities”);
WHERWAS, Special Event Activities require crowd management, credentialed access, temporary security infrastructure, emergency access coordination, media operations, transit activity, rideshare operations, and other related event-support in order to protect public health, safety, and welfare; preserve emergency access; support pedestrian and vehicular circulation; minimize conflicts associated with temporary commercial activity; and support coordinated public safety and event operations; and,
WHEREAS, based on operational planning and anticipated Special Event impacts, FIFA-related activities are expected to be concentrated primarily in and around the Stadium and adjacent circulation corridors as more particularly shown on Exhibit A (FIFA World Cup 2026 Special Event Zone Map) (“Special Event Zone”), which is incorporated into the resolution by this reference; and
WHEREAS, impacts to the Special Event Zone are expected to start on June 12, 2026, and end on July 2, 2026 as a result of the time it takes for event preparation, credentialing, temporary security operations set-up and removal, ingress and egress activity for Special Event Activity set- up and removal, match operations, crowd management, related event-support functions and Special Event demobilization; and
WHEREAS, continuous operation of Special Event-related management and enforcement measures throughout this period is necessary because of the short interval between matches, the operational challenges associated with repeatedly standing up and standing down Resolution/Establish FWC26 Special Event Zone Page 3 of 2 Rev: 7/27/2023
enforcement and event-support activities, and the expectation that vendors, promoters, and other event-related commercial operators may arrive and begin operations in advance of matches for staging, setup, and related activities, thereby requiring a consistent and coordinated operational approach to protect public health, safety, and welfare.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Council hereby finds that the above Recitals are true and correct and by these references incorporates them into and makes them a material part of this resolution .
2. The City Council finds that the appropriate Special Event Time Period for FIFA World Cup 2026 Special Event shall commence on June 12, 2026 at 8:00PM and expire on July 2, 2026 at 6:00AM and by this finding designates such time as the Special Event Time Period.3.
The City Council hereby finds that the area shown on Exhibit A (FIFA World Cup 2026 Special Event Zone Map) identifies that certain area surrounding the Stadium expected to be impacted by the FIFA World Cup 2026 Special Event and Special Event Activities, and by these findings designate the area more particularly shown on Exhibit A as the Special Event Zone.
3. That the City Council finds that designation of the Special Event Zone and Special Event Time Period is necessary and appropriate to promote and protect public health, safety, and welfare; preserve emergency access and mobility; support orderly Stadium and related event operations; reduce pedestrian and vehicular conflicts; and provide a predictable and transparent framework for temporary event-related regulations during the FIFA World Cup 2026 Special Event.
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A SPECIAL MEETING THEREOF HELD ON THE 26 DAY OF MAY, 2026, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
Resolution/Establish FWC26 Special Event Zone Page 4 of 2 Rev: 7/27/2023
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Exhibit A – FIFA World Cup 2026 Special Event Zone Map
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Last Updated on 12/02/2025
Exhibit A
Special Event Zone
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-509 Agenda Date: 5/26/2026
REPORT TO COUNCIL
SUBJECT
Report on City Vacancies and Recruitment Efforts, Pursuant to Assembly Bill (AB) 2561
BACKGROUND
Effective January 1, 2025, Assembly Bill 2561 (“AB 2561”) added Government Code section 3502.3 to the Meyers-Milias-Brown Act (“MMBA”) - the body of law that governs collective bargaining and labor relations at the local government level. GC 3502.3 requires public agencies to present the status of vacancies, recruitment, and retention efforts before their governing body at least once per fiscal year. If the governing body is adopting an annual or multiyear budget, the presentation must be made prior to adoption of the final budget. Public agencies must identify obstacles in the hiring process.
Whenever the vacancy rate reached or exceeds 20% of the total number of authorized full-time positions within a single bargaining group, the law requires local government agencies to provide additional information on the number of job vacancies within the bargaining unit; the total number of applicants for the vacant positions within the bargaining unit the average number of days to complete the hiring process from when a position is posted; and opportunities to improve compensation and other working conditions.
DISCUSSION
The City of Santa Clara has eleven (11) bargaining units totaling approximately 1,194.5 Full Time Equivalents, or FTE’s. This excludes the 9.0 elected official FTEs, 2.0 Council Appointee FTE’s, and approximately 796 as-needed (or temporary part-time) employees. As positions are added to the budget or become vacant, the City prioritizes recruitments to fill vacancies.
Classified Positions
Classified positions make up approximately 82% of the FTE’s within the workforce and are generally considered non-exempt hourly positions. The City of Santa Clara’s classified positions are governed by the Civil Service Rules and Regulations (CSR) pursuant to the City Charter. CSR are interpreted uniformly and cover appointment, promotion, and discipline for the following bargaining units: the Santa Clara Firefighters IAFF Local 1171 (Unit 1), the Police Officers’ Association (Unit 2), the International Brotherhood of Electrical Workers Local 1245 (Unit 3), the Engineers of the City of Santa Clara (Unit 4), the City of Santa Clara Employees Association (Units 5/7/8), the American Federation of State County and Municipal Employees Local 101 (Unit 6), and the Public Safety Non- Sworn Employees Association (Unit 10).
The classified recruitment process pursuant to the CRS consists of multiple steps to ensure appointment is based on merit and fitness. The hiring process involves administering an announced examination and applicant ranking which is included on an eligible list for consideration by the hiring City of Santa Clara Printed on 5/22/2026Page 1 of 9
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City Department. To ensure selection and consideration is based on merit and fitness, the CRS ensures a number of assessments, including but not limited to: any the following: confirming applicant(s) meet the minimum qualifications of the classification, consideration of whether applicants possess additional desirable qualifications, confirming applicant(s) possess required certificates or licenses, screening supplemental responses to the questions on the job announcement, written examination, performance examination, oral board interview(s), and City Department interview(s).
Once an eligible list is established, the eligible list is active for different durations, including 6 months for entry level Police Officers, 1 year for non-sworn positions, and 2 years for sworn-promotional positions in the Police Department. As positions become vacant for classified positions and if there is an active eligible list, Departments must refer to an existing eligible list for the classification, including conducting interviews. If candidates on the eligible list are determined as not viable for the position (including a candidate declining the interview or position with the department that has the vacancy), the City will need to wait until the eligible list expires or bring the request forward to the Civil Service Commission to abolish the list, unless it meets the threshold for an administrative abolishment (by requiring less than 5 names on the eligible list); accordingly, the department with the vacant position is precluded from hiring for such position outside of the eligible list. Only once the list has expired or is approved to be abolished (which the Civil Service Commission might not approve), a recruitment for the position may begin again; otherwise, it remains vacant.
Given the steps in the classified recruitment process to ensure selection and hiring is done based on merit and fitness under the CSR, a recruitment may take on average anywhere from 3 to 6 months from posting the job to extending an offer to an applicant. In some instances, the recruitment process may take longer if it is a specialized position and the applicant pool is small or not competitive, or requires a more intensive background process (typically required for positions in the Police Department), or requires additional steps in the recruitment process (such as written examination or performance examination).
It is worth noting that any changes made to the CSR, including revisions to the recruitment process, may be subject to meet and confer with each of the City’s unions which represent classified employees.
Unclassified Positions
Unclassified positions are not governed by the CSR. These positions are considered at-will and the recruitment and hiring process does not include all of the steps required in the recruitment process for classified positions. Depending on the unclassified position recruitment, the classification may not require all of the assessment points in the classified position examination process. For example, in unclassified recruitments, there may only be an oral board interview. Additionally, when conducting recruitments for unclassified positions, the appointing authority has the discretion to determine the steps or phases of assessment and or to make a direct appointment into these positions. Bargaining units that are NOT covered under the CSR include the Unclassified Miscellaneous Management (Unit 9), Unclassified Police Management (Unit 9A), Unclassified Fire Management (Unit 9B), and Unclassified Electric Utility Management Employees Association (Unit 9E).
Recruitment Activity
Since the beginning of the current fiscal year (July 1, 2025 - May 11, 2026), the City filled approximately 204.0 positions as outlined in Table 1. This number is comprised of new hires and re- hires. In addition, the City has also hired/rehired approximately 166 As-needed positions.
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As shown in the chart below, of the 204 positions filled, 133, or 65.1% of the recruitment for full time positions, were new hires. The Table below shows the City promoted approximately 71 employees in full-time positions since the beginning of the fiscal year. The City places an emphasis on developing, retaining and promoting internal employees as demonstrated by the 8.3% turnover rate. The promotion of a classified employee into an existing vacant position thus creates a vacancy in their former position, requiring the City, under the CSR, to conduct a new recruitment for the vacated position. Although the City has demonstrated the ability to develop internal employees and retain them within the organization, it does not contribute to the reduction of the Citywide vacancy rate.
Table 1: Summary of Recruitment Activity from July 1, 2025 - May 11, 2026 Bargaining Unit
New
Hires/Rehires
Promotions
Total
Santa Clara Firefighters (Unit 1)
0 4
4 Police Officers’ Association (Unit 2)
16 6
22 International Brotherhood of Electrical
Workers (Unit 3)
12 0
12 Engineers of the City of Santa Clara (Unit 4)
8 5
13 City of Santa Clara Employees Association
(Unit 578)
34 17
51 American Federation of State County and
Municipal Employees (Unit 6)
22 16
38 Unclassified Misc. Management (Unit 9)
28 17
45 Unclassified Police Management (Unit 9A)
0 0
0 Unclassified Fire Management (Unit 9B)
0 3
3 Unclassified Electric Utility Management
Employees Association (Unit 9E)
1 2
3 Public Safety Non-Sworn Employees
Association (Unit 10)
12 1
13 Total
133
71 204
Vacancy Rate
Table 2 below displays the current vacancy rate by bargaining unit. The Citywide vacancy rate is approximately 12.26%
as of May 11, 2026. At the start of FY 2025/26
the Citywide vacancy
rate was approximately 15.65%.
For the FY 2025/26 budget, Council approved an additional 21.0 FTE’s. During FY 2025/26, 6.0 FTE’s were added totaling approximately 27.0 new vacant positions that must be recruited for in addition to those vacancies which previously existed. For FY 2026/27, the City is proposing to add
24.25 FTE’s. With the addition of these new positions, it is anticipated the vacancy rate will rise to
14.09% at the beginning of the fiscal year to account for these new position additions.
The City’s Human Resources Department (HR) is consistently working on recruitments in order to outpace attrition (separations by resignation, termination or retirements), keep up with the pace of the newly added positions in the workforce, and also fill as-needed positions which requires additional recruitment resources and staff time.
Table 2: Vacancy Rate by Bargaining Unit as of May 11, 2026 Bargaining Unit Budgeted
FTE
Filled FTE Vacant FTE Approximate
Vacancy Rate
Santa Clara Firefighters (Unit 1) 145 127 18 12.41%
Police Officers’ Association (Unit
2)
147 139 8 5.44%
International Brotherhood of
Electrical Workers (Unit 3)
89 78 11 12.36%
Engineers of the City of Santa
Clara (Unit 4)
53 41 12 22.64%
City of Santa Clara Employees
Association (Unit 578)
337.5 290.5 47 13.93%
American Federation of State
County and Municipal Employees
(Unit 6)
134 121 13 9.70%
Unclassified Misc. Management
(Unit 9)
151 127 24 15.89%
Unclassified Police Management
(Unit 9A)
5 5 0 0.00%
Unclassified Fire Management
(Unit 9B)
11 11 0 0.00%
Unclassified Electric Utility
Management Employees
Association (Unit 9E)
50 44 6 12.00%
Public Safety Non-Sworn
Employees Association (Unit 10)
72 62 10 13.89%
Elected and Appointed Positions 11 11 0 0.00%
Total 1,205.5 1,056.5 149.0 12.36%
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Bargaining Unit Budgeted
FTE
Filled FTE Vacant FTE Approximate
Vacancy Rate
Santa Clara Firefighters (Unit 1) 145 127 18 12.41%
Police Officers’ Association (Unit
2)
147 139 8 5.44%
International Brotherhood of
Electrical Workers (Unit 3)
89 78 11 12.36%
Engineers of the City of Santa
Clara (Unit 4)
53 41 12 22.64%
City of Santa Clara Employees
Association (Unit 578)
337.5 290.5 47 13.93%
American Federation of State
County and Municipal Employees
(Unit 6)
134 121 13 9.70%
Unclassified Misc. Management
(Unit 9)
151 127 24 15.89%
Unclassified Police Management
(Unit 9A)
5 5 0 0.00%
Unclassified Fire Management
(Unit 9B)
11 11 0 0.00%
Unclassified Electric Utility
Management Employees
Association (Unit 9E)
50 44 6 12.00%
Public Safety Non-Sworn
Employees Association (Unit 10)
72 62 10 13.89%
Elected and Appointed Positions 11 11 0 0.00%
Total 1,205.5 1,056.5 149.0 12.36%
One Bargaining Unit with Vacancy Rates of at Least 20%
As shown in Table 2, there is one bargaining unit with a vacancy rate of at least 20%, the Engineers of the City of Santa Clara (Unit 4). This is down from two bargaining units at the end of FY 2024/25.
It should be noted that, at the end of FY 2024/25, the Public Safety Non-Sworn Employees Association (Unit 10) had an approximate 20.00% vacancy rate. The Police and Human Resources Departments have been working expeditiously to fill vacancies in this work group and piloting different methods to streamline the recruitment process. Since the beginning of the fiscal year, the City has hired:
§ 1.0 Fire Prevention Specialist I (Job Code 489),
§ 1.0 Jail Service Officer (Job Code 353),
§ 6.0 Police Records Specialist II (Job Code 643),
§ 1.0 Public Safety Dispatcher I (Job Code 339), and
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§ 3.0 Public Safety Dispatcher II (Job Code 340).
As of May 11, 2026, the Unit 10 vacancy rate has been reduced to 13.89%.
Engineers of the City of Santa Clara (Unit 4):
As outlined in Table 2 above, the Engineers of the City of Santa Clara (Unit 4) have an approximate
22.64% vacancy rate as of May 11, 2026. This is down from 30.00% in June 2025.
In the current fiscal year, the City promoted:
§ 1.0 to Associate Engineer (Job Code 321),
§ 3.0 to Senior Engineer (Civil) (Job Code 322), and
§ 1.0 to Senior Electrical Utility Engineer (Job Code 730).
Additionally, the City hired:
§ 3.0 Associate Engineer (Job Code 321),
§ 4.0 Electric Utility Engineer (Job Code 428), and
§ 1.0 Senior Electric Utility Engineer (Job Code 730).
The City has also added approximately 8 FTEs in Unit 4 in the last two fiscal years:
§ In FY 2024/25, Council approved the addition of 6.0 FTE’s in Unit 4, § In FY 2025/26, Council approved the addition of 2.0 FTE’s in Unit 4.
In addition, the FY 2026/27 budget is proposing to add another 4.0 FTE’s in Unit 4.
The addition of these positions, when added to existing vacancies, increased the vacancy rate for the bargaining unit; however, the departments and Human Resources have been working diligently to fill these positions.
As of May 11, 2026, 1.0 Associate Engineer (Civil) is scheduled to start with the City on May 26, 2026. Additionally, there is 1.0 Assistant Electric Utility Engineer, 1.0 Associate Engineer (Civil), and
1.0 Senior Civil Engineer that are in the conditional offer phase. With the addition of the new Unit 4 position adds and the candidates in the conditional offer phase, we anticipate the vacancy rate for Unit 4 will be at approximately 21.05% on July 1, 2026.
There are currently 12 engineering positions vacant. Given the competitiveness of the market, particularly with private sector companies for engineering positions, there have been challenges filling these positions. The current recruitment timeline for Unit 4 positions typically range from 4 - 8 months to complete given the specialization that typically comes with these positions as well as the generally limited candidate pools. In some instances, the City is regularly recruiting for the same engineering positions each year. As of May 11, 2026, the following classifications within Unit 4 are currently in recruitment: Assistant Electric Utility Engineer (1.0 FTE), Associate Engineer (2.0 FTE’s), Electric Utility Engineer (3.0 FTE’s), Senior Engineer (1.0 FTE),and Senior Electric Utility Engineer (4.0 FTE’s).
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The Assistant Electric Utility Engineer recruitment is a continuous recruitment and was posted to attract students preparing to graduate from college in Spring 2026. As of April 25, 2026, 197 applications have been received. The department is currently interviewing the top 13 candidates for this position to be ranked on the eligible list. One candidate is in the conditional offer stage. Since this is a continuous recruitment, the department will regularly go back to review candidates from the candidate group in order to interview for placement on the eligible list. The department may also elect to underfill current vacancies at the Electric Utility Engineer level with this position in order to train candidates up for future promotional opportunities.
The Associate Engineer recruitment yielded a total of 40 applications, of which 15 candidates were placed on the eligible list. One candidate is scheduled to start on May 26, 2026 and the other candidate is in the conditional offer phase.
The Electric Utility Engineer recruitment is a continuous recruitment and was reposted in February 2026. The City has received 30 applications. The department is preparing to schedule first round interviews for these positions.
The Senior Engineer recruitment was posted May - June 2025. The City received 37 applications of which 12 candidates were placed on the eligible list. The department is conducting their department interviews prior to making a final selection from the eligible list.
The Senior Electric Utility Engineer recruitment was posted in December 2025 as a continuous recruitment and the City has received 27 applications. There are currently 7 candidates on the eligible list. One candidate is in the conditional offer phase.
The Water and Sewer Utility Department is not currently recruiting for the 1.0 vacant Assistant Engineer (Civil) because they are undergoing the department organizational review to determine if this is the appropriate classification level. Upon conclusion of the organizational review and depending on the result, the department will recruit for this vacancy at a later date.
AB 2561 requires, at the request of the impacted bargaining unit, that the City report on opportunities to improve compensation or other working conditions. Both matters are subject to meet and confer and were considered and discussed during collective bargaining for Unit 4 in 2025- 2026. The result of that process was an agreed upon , successor Memorandum of Understanding with a 4-year term which was ratified by membership and approved by City Council on December 17, 2025. As part of the terms of the approved agreement, effective December 21, 2025, all Unit 4 classifications salaries were increased by 4.0%. Effective the first pay period after July 1, 2026, all salary ranges for employees holding positions in the Senior Electric Utility Engineer will be increased by approximately
4.5%, and all salary ranges for the remaining classifications assigned to Unit 4 will be increased by approximately 4.0%. Additionally, effective December 21, 2025, the Senior Civil Engineer salary range was adjusted by approximately 4.0%. Employees in Unit 4 also received a $5,000 lump sum upon approval of the agreement. These increases place Unit 4 competitively amongst our peers and the City has been able to fill 8 positions and promote 7 Engineers during the current fiscal year.
Recruitment Challenges and Efforts
The CSR are in place to ensure selection and hiring is based on merit and fitness. Generally, there are various assessment points in the process that could impact efforts to fill highly sought skills or experience, specialized positions, and positions which attract few or large amounts of applicants.
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There are a number of factors to consider when reviewing recruitment challenges, and every position or classification in each bargaining unit requires individualized considerations and strategies. Some recruitments face challenges in retaining applicants through the assessment steps. Other recruitments face challenges in the length of time it takes to complete required background checks or pre-employment reviews. Other recruitments face low applicant response to announcements of open positions. In a continuous effort to streamline the recruitment process, the City is consistently reviewing the SR and making the determination if there are areas to improve or areas to expedite the process, while still adhering to the CSR.
As noted above, during the current fiscal year, the City promoted 71 employees. Although the City prides itself in the ability to promote and train employees, this creates a workload capacity issue by creating an additional vacancy in the promoted employee’s former position, which does not contribute to the reduction of the vacancy rate. The City is currently working to keep up with the demands of staffing through attrition and maintain staffing levels as new positions are added annually. All Departments are at full operating capacity and prioritizing or expediting the recruitment process due to competing priorities may be challenging and lead to further delays in the recruitment timeline. In particular, HR utilizes its management staff to conduct recruitments (in addition to their other designated duties) to assist the 3 full-time recruiters in order to fill vacant positions as quickly as possible, subject to the CSR, as well as using outside firms to also conduct recruitments on behalf of the City. Currently, there are approximately 60 classifications, impacting approximately 108.5 FTEs, that have so far been assigned for recruitment; for example, 1 Citywide classification may result in 1 recruitment for 5 vacant positions across multiple departments.
The City is working to address the workload capacity and several departments are undergoing an organizational assessment. Recommendations from the assessment will be reviewed to determine workload capacity and any recommendation to add more staffing to assist with capacity will be brought forward through the normal budget process.
There have also been challenges, not unique to the City, recruiting for specialized positions (such as Engineers or Dispatchers), where the competitiveness of the candidate pool is not strong or there have been a low number of applications received. In these instances, the City is exploring alternative advertising methods to reach a broader candidate pool. However, this problem is not unique to our agency.
Finally, there are additional delays and candidates may be screened out to more stringent backgrounding process, particularly in the Police Department backgrounding. Where possible, the Department does try to expedite the backgrounding process.
Although the City has challenges in recruiting, the City has expanded their recruitment and outreach efforts, including but not limited to:
· The Human Resources Department has 3 full-time recruiters who are operating at full recruitment capacity (approximately 10 to 15 assigned recruitments at any given time), in addition to other responsibilities of the position; HR management staff also conduct recruitments to alleviate the workload. The FY 2026/27 budget also has a request to add 2.0 FTE Human Resources Technician (Job Code 508) and 1.0 FTE Management Analyst (Job Code 008) to assist with recruitment efforts.
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· The City is continuously evaluating how to streamline the recruitment process in alignment with the CSR, as applicable.
· The City has reviewed and made revisions to class specifications by updating minimum qualifications that may be outdated or inadvertently narrow candidate pools. It should be noted that revisions to class specifications are subject to meet and confer with the appropriate bargaining unit, and subject to approval by the Civil Service Commission, and City Council, prior to becoming effective.
· The City also reassesses the weighting plan/testing process with the Departments before recruitments begin and bring revised recommendations to the Civil Service Commission for approval in order to further expedite the process.
· The City has focused on additional advertising efforts to broaden its reach to a larger candidate pool; these efforts include but are not limited to:
· During the current fiscal year, the City attended eight (8) career fairs at local colleges and universities.
· In addition to the City sponsored career fairs, the Fire Department, Police Department, and Silicon Valley Power expanded their recruitment efforts and attended other career fairs for their hard to fill positions (specifically for Engineers and Dispatchers). · The City was approved and is in the implementation and testing phase of “Attract,” a NeoGov module to assist with targeted advertising and proactive outreach to candidates. NeoGov is an online tracking and recruitment system primarily used by multiple public agencies, including the City.
· The City partnered with Mission College for the first Summer Internship Program in 2025 and will continue to do so in 2026. This opportunity is a great gateway to engage and encourage students to apply for a career with the City of Santa Clara. · The City previously contracted with 6 recruiting firms who are retained to assist in filling executive level or hard to fill positions. The City recently reopened this bid and is reviewing additional recruiting firms to assist with filling vacancies.
The City will continue to work on filling positions in an effort to lower the Citywide vacancy rate and retain employees. In addition, the City will continue to assess challenges or barriers to the recruitment process and consider alternative ways to expedite recruitments. The City will also continue to update outdated class specifications to ensure they are current and eliminate outdated requirements in an effort to expand candidate pools.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes City of Santa Clara Printed on 5/22/2026Page 8 of 9
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in the environment.
FISCAL IMPACT
This report is for information purposes.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected], or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Note and File the Report on City Vacancies and Recruitment Efforts, Pursuant to Assembly Bill (AB) 2561.
Reviewed by: Marco Mercado, Acting Director of Human Resources Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Civil Service Rules and Regulations
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-504 Agenda Date: 5/26/2026
REPORT TO COUNCIL
SUBJECT
Action on Resolution Adopting Council Policy 057 Establishing Procedures to be Followed in the Event of a Disruption of Telephonic Service or Internet-Based Audio-Visual Platform During a Council Meeting
BACKGROUND
During the Covid pandemic, most cities in California adopted the use of an internet-based audio- visual platform (such as Zoom) to be used during City Council meetings to encourage members of the public to participate in meetings safely from their homes. Many cities, including Santa Clara, have found that this remote participation option is convenient for members of the public and have therefore continued to offer hybrid participation, even after the pandemic-based need for the service had concluded.
Recognizing that many cities were continuing remote participation and the benefits of such an option for the public, and determining that there was a need to provide consistent requirements for remote public access throughout the state, Governor Newsom signed Senate Bill 707 (“SB 707”) in October 2025. SB 707 ushered in significant changes to the open meeting law, the Ralph M. Brown Act.
Among the numerous changes, the Legislature mandated that that all open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two- way audiovisual platform, except if adequate telephonic or internet service is not operational at the specific meeting location. The Legislature also addressed the scenario in which there was a disruption to the telephonic service or audiovisual platform, as described below, and required that cities adopt a policy (by July 1st) setting forth the processes to be undertaken in the event of such a disruption. The proposed Council Policy 057 is intended to satisfy this new Brown Act requirement.
On Monday, April 13th, the process for bringing this policy forward for Council approval was discussed by the Governance and Ethics Committee in conjunction with the Committee’s workplan.
In light of the impending deadline of July 1st and the fact that adoption of the policy was required under State law, the Committee authorized staff to bring the proposed policy directly to the City Council.
DISCUSSION
SB 707 amends Government Code Section 54953.4 to require the following:
(ib)(Ia) On or before July 1, 2026, an eligible legislative body shall approve at a noticed public meeting in open session, not on the consent calendar, a policy regarding disruption of telephonic or internet service occurring during meetings subject to this sub-subclause. The policy shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the City of Santa Clara Printed on 5/22/2026Page 1 of 3
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service.
(Ib) If a disruption of telephonic or internet service that prevents members of the public from attending or observing the meeting via the two-way telephonic service or two-way audiovisual platform occurs during the meeting, the eligible legislative body shall recess the open session of the meeting for at least one hour and make a good faith attempt to restore the service. The eligible legislative body may meet in closed session during this period. The eligible legislative body shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. (Ic) Upon reconvening the open session, if telephonic or internet service has not been restored, the eligible legislative body shall adopt a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made in accordance with the policy adopted pursuant to sub-sub-subclause (Ia) and that the public interest in continuing the meeting outweighs the public interest in remote public access.
In order to implement this new statutory mandate, the proposed Council Policy 057 sets forth the applicable procedure, highlights of which are below:
· If City staff determines that public attendance and observance through either the telephonic or internet-based services has been disrupted, then the Mayor shall make an announcement describing the disruption and announcing that the Council shall be in recess. · During the period of recess, City staff shall undertake good faith efforts to restore service, and keep record of such efforts.
· The Council shall not reconvene the open session of the meeting until at least one (1) hour following the start of the disruption, or until telephonic or internet service is restored, whichever is earlier. If service is restored within the one-hour period of time, the Mayor shall call the meeting back to order and shall verbally announce that the disrupted service has been restored.
· If, after at least one (1) hour following the start of the disruption, telephonic or internet service has not been restored, then the Council may either adjourn the meeting or choose to continue the meeting, by majority vote of the entire body.
· If the Council chooses to resume the meeting, then the Council shall adopt a finding by roll-call vote stating that, based upon information provided to the Council in open session by the City Manager, good faith efforts to restore the telephonic or internet service have been made, and that the public interest in continuing the meeting outweighs the public interest in remote public access. The Mayor shall provide instructions to the audience regarding alternative attendance options.
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
There is no fiscal impact with this report other than administrative staff time.
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26-504 Agenda Date: 5/26/2026
COORDINATION
This report was coordinated with the City Attorney’s Office, City Clerk’s Office and Information Technology Department.
PUBLIC CONTACT
Public contact was made by posting the Committee 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
Adopt a Resolution Approving and Adopting Council Policy 057 Establishing Procedures to be Followed in the Event of a Disruption of Telephonic Service or Internet-Based Audio-Visual Platform During a Council Meeting, in Accordance with Senate Bill 707.
Reviewed by: Glen Googins, City Attorney
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution
2. Council Policy 057
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Resolution/Adopt Council Policy 057 Page 1 of 2
Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING COUNCIL POLICY 057 ESTABLISHING
PROCEDURES TO BE USED IN THE EVENT OF A DISRUPTION
OF TELEPHONIC SERVICE OR INTERNET-BASED PLATFORM
DURING A CITY COUNCIL MEETING
WHEREAS, the State Legislature passed Senate Bill 707 (“SB 707”) mandating that all open and public meetings shall include an opportunity for members of the public to attend via a two- way telephonic service or a two-way audiovisual platform; WHEREAS, the City of Santa Clara holds its City Council meeting in a hybrid manner, allowing for attendance in-person as well as by two-way telephonic and internet-based audio-visual platform (Zoom);
WHEREAS, SB 707 also includes requirements related to interruptions or disruptions in the two- way telephonic service or two-way audiovisual platform; WHEREAS, SB 707 requires, further, that on or before July 1, 2026, the City Council must adopt a policy addressing the procedures the City shall take in the event of a disruption of two-way telephonic or audio-visual access occurring during a City Council meeting; and
WHEREAS, in accordance with the requirements of SB 707, the City Council deems it to be in the best interests of the City to adopt Council Policy 057 which establishes procedures to be used in the event of a disruption of the telephonic service or internet-based platform during a City Council meeting.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That Council Policy 057 entitled “Disruption of Telephonic Service or Internet-Based Platform During a City Council Meeting” (“Policy”) attached hereto as Attachment 1, is hereby approved and adopted.
2. The City Manager is directed to take such other and further actions as may be necessary Resolution/Adopt Council Policy 057 Page 2 of 2
Rev: 7/27/2023
to implement the Policy.
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 19th DAY OF MAY, 2026 BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Council Policy 057 “Disruption of Telephonic Service or Internet-based Platform During a City Council Meeting”
City of Santa Clara
Council Policy Manual
DISRUPTION OF TELEPHONIC SERVICE OR INTERNET-
BASED PLATFORM DURING A CITY COUNCIL MEETING
Adopted 05/19/2026 CP 057 Page 1 of4
Resolution No. _________
PURPOSE Through the passage of Senate Bill 707, the State Legislature has mandated that all open and public meetings shall include an opportunity for members of the public to attend via a two-way telephonic service or a two-way audiovisual platform, except if adequate telephonic or internet service is not operational at the specific meeting location. In connection with this new mandate, the Legislature has also created a process to address the scenario in which this newly-required remote participation pathway is interrupted, in the context of City Council meetings.
On or before July 1, 2026, the City Council is required to adopt a policy addressing the procedures the City shall take in the event of a disruption of telephonic service or internet-based audio-visual platform occurring during a City Council meeting. The Policy shall address the process for recessing and reconvening the meeting and the efforts that the Council shall make to attempt to restore the service.
POLICY If there is a disruption of telephonic or internet service that prevents members of the public from attending or observing the Council meeting via a two-way telephonic service or two-way audiovisual platform, then the Council shall recess the meeting for at least one (1) hour and make good faith attempt to restore the service, in accordance with the procedures set forth below.
This Policy only applies to City Council meetings, and does not apply to meetings of Boards, Commissions, etc. (However, the Brown Act does contain disruption-response requirements for all bodies, including Boards and Commissions, holding teleconferenced meetings1.) Disruptions occurring in the City’s one-way broadcast channels, such as Channel 15 or YouTube, are not subject to this Policy.
SB 707 contains specific carve-outs, excepting a meeting of the City Council that is held to do any of the following:
Attend a judicial or administrative proceeding to which the City or its Concurrent Authorities is a party.
1 Gov. Code 54953.8(b)(3), “In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control that prevents members of the public from offering public comments using the call-in option or internet-based service option, the legislative body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored.” City of
Santa Clara
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City of Santa Clara
Council Policy Manual
DISRUPTION OF TELEPHONIC SERVICE OR INTERNET-
BASED PLATFORM DURING A CITY COUNCIL MEETING
Adopted 05/19/2026 CP 057 Page 2 of4
Resolution No. _________
Inspect real or personal property provided that the topic of the meeting is limited to items directly related to real or personal property.
Meet with elected or appointed officials of the United States or the State of California, solely to discuss a legislative or regulatory issue affecting the City or Concurrent Authorities and over which the federal or state officials have jurisdiction.
Meet in or nearby a facility owned by the City or Concurrent Authorities, provided that the topic of the meeting is limited to items directly related to the facility.
Meet in an emergency situation pursuant to Government Code section 54956.5.
Future modifications of this Policy must be adopted by City Council as a matter of general business (i.e., the item may not be agendized as a consent calendar item).
PROCEDURE
If either the two-way telephonic service or two-way audio-visual platform has experienced a disruption such that members of the public are unable to attend and observe through these methods, then the following procedures shall be used.
1. Staff shall attempt to confirm whether the disruption is affecting public access. If staff cannot confirm either of these factors, the City shall assume that public access has been disrupted and will proceed as set forth below. If Staff confirms that public access is unaffected (the disruption is only affecting City interfaces, and will not negatively impact the City’s ability to hear telephonic or internet based comment from the public), then the Mayor or City Clerk shall announce to the public that the City is experiencing this disruption, and that the meeting shall continue.
2. If it is determined that public attendance and observance has been disrupted, then the Mayor shall:
a. Verbally announce that a disruption has occurred,
b. State the nature of the disruption (e.g., “the video feed on the zoom platform has frozen”),
c. Describe whether alternative attendance options are
available and undisrupted, and
City of
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Council Policy Manual
DISRUPTION OF TELEPHONIC SERVICE OR INTERNET-
BASED PLATFORM DURING A CITY COUNCIL MEETING
Adopted 05/19/2026 CP 057 Page 3 of4
Resolution No. _________
d. State that a recess shall be taken in accordance with the Ralph M. Brown Act to attempt to restore the service.
3. To the extent possible, this verbal announcement will be supplemented by a written notice that the meeting is in recess, displayed on any undisrupted platform(s).
4. During the period of recess, City staff shall undertake good faith efforts to restore service, and keep record of such efforts.
5. The Council may meet in closed session during this period of recess to discuss any matter that was properly agendized for closed session discussion at that meeting. If the Mayor, Councilmember, City Manager, or City Attorney requests that the body convene to closed session during this period, such a request must be made prior to the Mayor’s announcement of recess. If the body by consensus agrees to hold closed session during the recess, then the Mayor shall verbally announce the decision and the matter(s) to be discussed in closed session concurrently with the announcement of recess.
6. The Council shall not reconvene the open session of the meeting until at least one (1) hour following the start of the disruption, or until telephonic or internet service is restored, whichever is earlier.
If service is restored within the one hour period of time, the Mayor shall call the meeting back to order and shall verbally announce that the disrupted service has been restored.
7. If after at least one (1) hour following the start of the disruption, telephonic or internet service has not been restored, then the Council may either adjourn the meeting or choose to continue the meeting, by majority vote of the entire body.
a. If the Council chooses to adjourn the meeting, the remaining items on the agenda shall be re-agendized by the City
Manager at an appropriate date.
b. If the Council chooses to resume the meeting, the following steps shall be taken:
i. Council shall adopt a finding by roll-call vote stating that good faith efforts to restore the telephonic or
internet service have been made, and that the public
City of
Santa Clara
The Center of What's Possible
City of Santa Clara
Council Policy Manual
DISRUPTION OF TELEPHONIC SERVICE OR INTERNET-
BASED PLATFORM DURING A CITY COUNCIL MEETING
Adopted 05/19/2026 CP 057 Page 4 of4
Resolution No. _________
interest in continuing the meeting outweighs the
public interest in remote public access.
ii. Such a finding shall be based upon information
provided to the Council in open session by the City
Manager regarding the nature of the disruption, the
efforts undertaken to remedy it, and any other
pertinent information relating to the agendized items
(such as any time-sensitive items). If certain
agendized matters are not time sensitive, the Council
should continue them to a future agenda.
iii. The Mayor shall provide instructions to the audience regarding alternative attendance options.
iv. All votes for the remainder of the meeting shall be by roll-call.
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26-586 Agenda Date: 5/26/2026
REPORT TO COUNCIL
SUBJECT
Action on Council Policy Establishing an Annual Performance Review Process for Council Appointees
BACKGROUND
Currently, there is no established process for City Council to evaluate and assess the performance of Council appointees, including employees in the classifications of City Manager and City Attorney. The City Council expressed interest in adopting a policy to achieve predictability, transparency, and consistency in the performance evaluation and assessment of Council appointees.
On or about April 13, 2026, the Governance and Ethics Committee considered and reviewed a draft Council policy for the performance evaluation process for Council appointees, including employees in the City Manager and City Attorney classifications, and made recommendations which have been incorporated into the draft Council policy.
DISCUSSION
The following is a summary of the notable provisions of the new Council policy, and a complete copy of the new Council policy is attached.
Annual Rating Period: The rating period for Council appointees shall be January 1st through December 31st of each year. If a Council appointee is hired before July 1st, the duration of the first rating period shall be set forth in the negotiated employment agreement. If a Council appointee is hired with a start date after July 1st, the rating period shall be from the employee’s start date through December 31st of the following year.
Facilitator: The Human Resources Director shall meet with Council in closed session, if necessary, to discuss the appraisal process and scope of work for the appraisal facilitator. The Human Resources Director shall engage the services of a performance appraisal facilitator selected by City Council to assist with the performance evaluation and assessment of the Council appointees. The performance appraisal process may include, but not be limited to, meetings and interviews between the City Council , and any other identified staff members to gather information necessary for the performance appraisal. City staff will work with the Finance Department to ensure that sufficient budget is available to fund the type of appraisal process the Council will implement.
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26-586 Agenda Date: 5/26/2026
Timeline: The new Council policy provides a timeline for the evaluation and assessment process, including but not limited to, the months when certain actions are expected to be completed, such as the selected facilitator meeting with City Council and staff (November and December); meeting with the City Council and the Council appointee in closed session (January); the City Council, in closed session, may discuss and determine the form and substance of the performance appraisal, method for preparation of a written appraisal (if necessary), goal-setting priorities for the employee, and may select a subcommittee to meet with the Council appointee to negotiate any changes to compensation, benefits, or any other requested modifications to the Council appointee’s employment agreement (no later than the second meeting in February); the subcommittee meeting with the employee for the purposes of negotiating compensation, benefits, and any other requested modifications to the employee’s employment agreement (March and April); and the subcommittee meeting with the full City Council in closed session to present the results of negotiations with the Council appointee and provide a recommendation for further discussion and action in open session (no later than the second meeting in May).
It should be noted that the new Council policy also calls for a salary increase of approximately 2% or the applicable CPI (Consumer Price Index for Urban Consumers (CPI-U) for San Francisco-Oakland- Hayward), whichever is lesser, in the event the City Council does not complete the outlined process on or before May 31st, with an effective date to the first pay period after July 1st. This term is currently in the employment agreement of the City Manager and City Attorney with retroactivity to their respective anniversary date.
In the event City Council seeks to take action for providing any additional adjustments after May 31st, the Human Resources Director shall bring such modifications or adjustments to open session for discussion and approval.
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
The performance appraisal process would use an outside facilitator at an estimated annual cost of $50,000 - $75,000. If this policy is approved, a budget amendment will be brought forward for FY 2026/27, and this cost will be factored into future budgets.
COORDINATION
This report was coordinated with the City Manager’s Office, Human Resources Department and the City Attorney’s Office.
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26-586 Agenda Date: 5/26/2026
PUBLIC CONTACT
Public contact was made by posting the Committee 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
Adopt a Resolution approving new Council policy 058 establishing a performance evaluation process for Council appointees.
Reviewed by: Marco Mercado, Acting Director of Human Resources Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution Approving Council Policy 058 (Council Appointee Performance Appraisal Process)
2. Council Policy 058 - Council Appointee Performance Appraisal Process City of Santa Clara Printed on 5/22/2026Page 3 of 3
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Resolution/Adopt Council Policy 058 Page 1 of 2
Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING COUNCIL POLICY 058 ESTABLISHING AN
ANNUAL PERFORMANCE REVIEW PROCESS FOR COUNCIL
APPOINTEES
WHEREAS, there is currently no established process for City Council to evaluate and assess the performance of Council appointees, including employees in the classifications of City Manager and City Attorney;
WHEREAS, the new Council Policy 058 for the performance evaluation process for Council appointees and establish timelines and responsibilities of City Council and staff; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the new Council Policy 058 entitled “Performance Evaluation Process for Council Appointees” (“Policy”) attached hereto as Attachment 1, is hereby approved and adopted.
2. The City staff is directed to take as may be necessary to implement the Policy.
3. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 19th DAY OF MAY, 2026 BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Council Policy 058 – Council Appointee Performance Appraisal Process City of Santa Clara
Council Policy Manual
PERFORMANCE EVALUATION PROCESS FOR COUNCIL APPOINTEES
Adopted DATE CP 058 Page 1 of 3
Resolution No. _________
POLICY The purpose of this Policy is to provide guidance and establish a process for the performance evaluation and assessment of City Council appointees by the City Council, including employees in the classifications of City Manager and City Attorney.
The City Council will make its best efforts to undertake a performance appraisal of the appointees at least once every twelve (12) months. The City Council maintains discretion to conduct performance appraisals more frequently. Performance Appraisals shall be conducted annually in accordance with the process set forth below. This process is intended to be essentially “automatic,” and does not require Council or employee direction to be initiated.
This Policy shall be referenced in the employment agreements of the Council appointee s. If a Council appointee begins City employment before July 1 st, then the duration of the first rating period shall be as set forth in the negotiated employment agreement. If a Council appointee begins City employment after July 1 st, then the first rating period shall run from the start date through December 31 st of the following year.
Thereafter, the timeline and process for performance appraisal shall be as set forth below.
PROCEDURE 1) For purposes of this Policy, an employee’s annual rating period shall be January 1st through December 31st of each year.
2) The Human Resources Director shall meet with the Council in closed session, if necessary, to discuss the appraisal process and scope of work for the performance appraisal facilitator. The Human Resources Director will then conduct a procurement for a performance appraisal facilitator, and shall present the results of such procurement process to Council for Council’s final selection in September (with closed and/or open session meetings, as necessary), unless the City has an existing contract with a facilitator. The facilitator must be available to begin work in October.
3) Staff shall work with the Finance Department to ensure sufficient budget is available to fund the type of performance appraisal process chosen by the Council.
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Council Policy Manual
PERFORMANCE EVALUATION PROCESS FOR COUNCIL APPOINTEES
Adopted DATE CP 058 Page 2 of 3
Resolution No. _________
4) During the months of November and December, the chosen facilitator will meet with the City Council and any other identified members of staff to conduct the interviews necessary for the performance appraisal.
5) At the second meeting in January , the facilitator will meet with City Council and Employee in closed session to provide the results of their work.
6) At the second meeting in February , the City Council shall meet in closed session to (a) discuss and determine the form and substance of the performance appraisal, the method for preparation of a written appraisal if ne cessary, and goal-setting priorities for the employee, and (b) discuss and appoint a subcommittee to meet with the employee for the purposes of negotiating goal-setting, compensation, benefits, and any other requested modifications to the employee’s employment agreement.
7) During the months of March -April, t he subcommittee shall meet with the Employee for the purposes of negotiating compensatio n, benefits, and any other requested modifications to the Employee’s employment agreement. The subcommittee will work with the Human Resources Director and Chief Assistant City Attorney, as necessary.
8) At the second meeting in May, the subcommittee shall return to the full City Council in closed session to present the results of its negotiations, and provide a recommendation to the full City Council for further discussion and action in open session. The City Council shall provide direction to the Human Reso urces Director regarding the details of the item to be brought back to Council in open session.
9) If City Council does not complete the process outlined above on or before May 31 st, then Employee shall receive a salary increase of approximately 2% or applic able CPI 1, whichever is less, effective as described below.
1 Consumer Price Index for All Urban Consumers (CPI-U) for San Francisco-Oakland-Hayward City of
Santa Clara
The Center of What's Possible
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City of Santa Clara
Council Policy Manual
PERFORMANCE EVALUATION PROCESS FOR COUNCIL APPOINTEES
Adopted DATE CP 058 Page 3 of 3
Resolution No. _________
10) During the month of June, the Human Resources Director shall bring forward an item in open session regarding approval of the modifications to the compensation, benefits, or other terms of employment for Employee, and related actions, to be effective the first pay period after July 1st, or other retroactive effective date as set forth in the appointee’s employment agreement. This shall be based either on the direction received from City Council under Section 8 above, or the default salary adjustment described in Section 9 above. If the direction from Council is that there are no modifications to any such terms, then there shall be no item brought to Council in open session for further discussion or action.
11) If the default salary adjustment under Section ( 9) was granted, then the City Council may take action later in the year to provide an additional adjustment, retroactive to the first pay period after July 1 st, or other retroactive effective date a s set forth in the appointee’s employment agreement
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